scholarly journals Sanksi Hukum Terhadap Pelaku Tindak Kekerasan Terhadap Perempuan dan Anak

2020 ◽  
Vol 19 (1) ◽  
Author(s):  
Taufiq Taufiq

<p><em>Violence against women and children is any act that results in physical and psychological suffering for women and children. Violence against women and children is a crime that can be subject to criminal sanctions. The government tries its best to eradicate and eliminate acts of violence against women and children, by enacting Law Number 23 of 2002 as amended by Law Number: 35 of 2014 concerning the first amendment to Law Number 23 of 2002 concerning child protection , which was amended again by Perpu Number: 1 of 2016 concerning the third amendment of Law Number: 23 of 2002 concerning child protection, and Law Number: 23 of 2004 concerning the Elimination of domestic violence. The provisions of the laws and regulations as mentioned above, although they contain heavy legal sanctions, in reality there are still many cases of violence against women and children. This study uses a normative juridical approach or library research. The conclusion from the research results is that heavy legal sanctions, without ethical awareness of law enforcement officials to commit to enforcing them, will not deter the perpetrators and others from committing acts of violence against women and children. Eradicating or eliminating violence against women and children requires comprehensive efforts from all components of the nation, starting with taking formal and non-formal preventive actions.</em></p><p><strong><em>Keywords</em></strong><strong><em>:</em></strong></p><p><em><em>Legal; Sanctions; Violence</em><br /></em></p>

Author(s):  
Susi Erlinda ◽  
Sayyid Husein ◽  
Ambiyar . ◽  
Triyani Arita Fitri ◽  
Mardainis .

Protection of women and children is a mandate contained in the laws of the Republic of Indonesia to the government to protect women and children from acts of violence or discrimination. The mandate is carried out by the government through several efforts to handle and prevent it through government programs that are made every year. However, until now the municipal government of Pekanbaru through the women's empowerment and child protection office does not yet have data on mapping the protection of women and children disaggregated by sex, age, type of case, and location of cases so that many child protection programs are not properly targeted according to the level of violence and types of violence in areas exposed to cases of violence. The application of the mapping application is a solution to this problem because, with computerized data on the protection of women and children, the government will make it easier to design management and prevention programs. This application displays complete indicators including data on violence mapped in the geographic form of the city of Pekanbaru which is divided into the scope of the sub-district and given a color as an indicator of high or low cases of violence in the area, violence data is displayed disaggregated according to gender, age, types of cases and locations of incidents and in addition, this application applies a case-control design to provide recommendations to the government regarding handling and prevention programs in areas exposed to cases of violence against women and children. This application will make it easier for the government to design programs to protect women and children and to reduce the number of violence against women and children which always increases every year.


2019 ◽  
Vol 4 (1) ◽  
pp. 1-23
Author(s):  
Anak Agung Istri Ari Atu Dewi ◽  
Anak Agung Ketut Sukranatha ◽  
I Gusti Ayu Putri Kartika ◽  
Gusti Ayu Kade Komalasari

The specific purpose and target of this research is to determine the role of family welfare empowerment organizations (PKK) in the prevention and early handling of women and children victims of violence. The reason for researching this topic is the increase in the number of victims of violence against women and children every year. Based on data from the Ministry of Women's Empowerment and Child Protection, it is shown that since 2012 it has increased from 18,718 to 54,041 cases in June 2017 and until February 2018 it has shown 374 cases of violence against women and children. In this case, the Government is responsible for providing optimal services needed by victims, both medical, psychological, and legal assistance in an effort to recover their condition. The government in providing services to victims should cooperate and partner with the community, especially in the prevention and early handling of victims of violence. Prevention and early handling of victims of violence at the village level can empower family welfare empowerment organizations (PKK) which are government partners that are considered effective in the prevention and early handling of women and children victims of violence in their areas. Based on these reasons, it is necessary to study in depth the role of the PKK organization in preventing and early handling of women and children victims of violence. To achieve specific goals and targets in this study, the research method used is a normative research method with a statue approach and a conceptual approach.The results of the study provide an overview 1) there is a clear regulation in the laws and regulations related to the participation of the PKK in preventing and early handling of victims of violence, what needs to be further regulated is regulation in the form of Village Regulations and customary law (awig-awig) related to the participation of PKK and indigenous women in the prevention and early handling of victims of violence. 2) the procedures for preventing and early handling of victims of violence need to be stated in the operational standards in the village and the traditional village paparem.


Jurnal Besaoh ◽  
2021 ◽  
Vol 1 (01) ◽  
pp. 27-32
Author(s):  
David Bani Adam ◽  
Wildani Eko Nugraha ◽  
Prasetya Putra Nugroho

Women and children are vulnerable to crime that need to be protected, thus encouraging the government of Kabupaten Tegal to always strive to carry out socialization of the prevention of violence against women and children such as socialization activities carried out by regional government of Kabupaten Tegal through Department of Women’s Empowerment, Child Protection, Population Control and Family Planning (DP3AP2KB), conducted socialization in order to increase access to services of Integrated Service Center (PPT) institutions for victims of violence against women and children and reduce the number of cases of violence against women and children.


2017 ◽  
Vol 6 (2) ◽  
pp. 279
Author(s):  
Fitri Wahyuni

The phenomena of rape against children are very alarming in today's society. The Penal Code and the Child Protection Act has posted punishment on the perpetrator, but there are some disadvantages that arise when legal sanctions are imposed on child rapist. Criminal sanctions against rapist are deemed not provide a deterrent effect. The government passed perpu on castration punishment for child rapist. The castration punishment was a punishment that shows revenge way of thought, so the approach has long been abandoned. In addition, from the objective of sentencing, castration punishment has not yet reflected the sense of justice. Since it has not provided a deterrent effect for offenders and unbalanced with the principles of the right to accommodate the rights of the sustainability of offspring for the offender.Keywords: castration, rape, human rights


2019 ◽  
Vol 6 (3) ◽  
pp. 141
Author(s):  
Dini Zulfiani ◽  
. Indrawati ◽  
Oktavianus Kondorura ◽  
Meuthia Sahda AF

The cases of violence against women and children in East Kalimantan from year to year are increasing. efforts to protect victims of violence have been carried out through prevention and handling. If violence has occurred, appropriate handling must be carried out so that victims can feel safe and protected. The research aims to find out and analyze way of handling the victims of violence, especially women and children in East Kalimantan Province. The type of research used in this study includes descriptive qualitative. The research location chosen was East Kalimantan Province. Data collection techniques in this study are Library Research and Field Work Research. The results found that the handling of victims of violence was carried out in accordance with the Minimum Service Standards set by the government from the service of complaints to repatriation and empowerment in accordance with the results of assessments from officers, besides referral / coordination with related parties in accordance with the conditions of the victims.Keyword: handling violence, women, children


2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.


2020 ◽  
Vol 1 (2) ◽  
pp. 1-5
Author(s):  
Agustinus Yitsak Mannuel Kapitan ◽  
I Made Sepud ◽  
I Nyoman Sujana

Legal protection is a legal effort that must be provided by law enforcement officials to provide a sense of security to the community both body and soul from interference and threats from any party. The protection of children who are victims of moral crimes is regulated in Law Number 23 of 2002 jo and Law Number 35 of 2014 concerning Child Protection. This research was conducted with the aim of describing the legal protection of a child who is the victim of criminal acts of sexual intercourse and the criminal sanctions against the perpetrators of the sexual intercourse crime on a child. This research was conducted using the normative legal research method. Based on the results of the research and discussion, the legal protection for children who are victims of criminal acts of intercourse is regulated in Law No. 35/2014. Children who are victims are given protection in the form of medical assistance, psycho-rehabilitation, the right to restitution, the right to compensation. Criminal sanctions against the perpetrator of the criminal act of child sexual intercourse in decision number 58 / Pid.Sus / 2015 / PN.Tab, the perpetrator was sentenced to 7 (seven) years in prison and a fine of 150,000,000.00. Seeing the perpetrator's actions were very cruel, robbing other people's honor, namely his own daughter, the punishment that should be given to the perpetrator is the maximum punishment. If the fine cannot be paid, the defendant's sentence will be increased to 6 (six) months.


2021 ◽  
Vol 58 (1) ◽  
pp. 5398-5407
Author(s):  
Ishaq, Maratun Saadah

This study aims to contribute to Islamic law regarding the criminal sanction of abortion in the Criminal Code (KUHP) as an effort to reform Indonesian criminal law. The method used is comparison, with data collection carried out by library research, by studying Islamic legal literature, interpretation of the Quran (tafsir), hadith, Criminal Code, and the Draft of Criminal Code. The sanctions for abortion in articles 346, 347, 348 and 349 of the Criminal Code are only imprisonment, not accompanied by fines. According to Islamic law these sanctions are not sufficient, because they tend to make the perpetrators not deterred, as a result the purpose of punishment is not achieved. Therefore, it needs to be updated by including the value of Islamic legal sanctions in the form of fines (diat), so that the purpose of punishment can be achieved.


Jurnal HAM ◽  
2016 ◽  
Vol 7 (1) ◽  
pp. 55
Author(s):  
Penny Naluria Utami

AbstrakPemerintah Indonesia telah mengajukan kebijakan peraturan perlindungan perempuan dan anak sebagai prioritas nasional. Peraturan dimaksud untuk mengatasi kekerasan terhadap perempuan (KtP) di Indonesia. Berlakunya Undang-Undang Nomor 23 Tahun 2004 tentang Pemberantasan Kekerasan Dalam Rumah Tangga, Undang-Undang Nomor 21 Tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang, serta Peraturan Menteri Negara Pemberdayaan Perempuan dan Perlindungan Anak RI Nomor 01 Tahun 2010 tentang Standar Pelayanan Minimal (SPM) Bidang Layanan Terpadu Bagi Perempuan dan Anak Korban Kekerasan. SPM merupakan instrumen penting untuk memastikan penghormatan dan pemenuhan hak-hak perempuan korban kekerasan. Standar tersebut adalah ukuran standar pelayanan minimum kepada perempuan korban kekerasan, terutama di bidang pengaduan dan laporan, kesehatan, bantuan dan penegakan hukum, rehabilitasi sosial, pemulangan dan reintegrasi sosial. Keputusan Menteri tersebut mengamanatkan pembentukkan Pusat Pelayanan Terpadu (PPT) di tingkat provinsi dan kabupaten serta unit ini terdiri dari pemerintah dan masyarakat sipil. Namun implementasi dari standar tersebut yang nampak dalam kinerja Pusat Pelayanan Terpadu belum optimal dan masih menemukan beberapa kesenjangan, antara lain: adanya variasi aturan daerah, pendanaan, koordinasi antar stakeholder yang terlibat, sarana prasarana, dan sumber daya manusia yang terlibat, sehingga terlihat bahwa pengejewantahan isi SPM masih menghadapi tantangan untuk perbaikan kedepannya.Kata kunci: KtP, SPM dan PPTAbstractThe Indonesian government has held regulatory policies protect women and children as a national priority. Regulations intended to address violence against women (VAW) in Indonesia. The enactment of Law No. 23 Year 2004 on Eradication of Domestic Violence, Law No. 21 of 2007 on the Eradication of Trafficking in Persons and Minister of State for women’s Empowerment and Child Protection of Indonesia Number 01 Year 2010 on Minimum Service Standards (SPM) field of Integrated Services for women and children victims of violence. SPM is an important instrument to ensure respect for and fulfillment of the rights of women victims of violence. The standard is the standard size minimum services to women victims of violence, especially in the field of complaints and reports, health, relief and law enforcement, social rehabilitation, repatriation and social reintegration. The Ministerial Decree mandates the establishment of the Integrated Service Center at provincial and district levels, this unit consists of government and civil society. However implementation of these standards is apparent in the performance of the Integrated Service Center is not ideal and still find some gaps, among others: the variation of regional rules, funding, coordination among stakeholders involved, infrastructure, and human resources involved, so it looks that the manifestation SPM contents is still facing challenges for future improvements.Keywords: violence against women (KtP), minimum service standards (SPM) and integrated service center (PPT).


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