scholarly journals IMPLEMENTASI RESTITUSI ANAK SEBAGAI BENTUK PERLINDUNGAN HUKUM BAGI ANAK KORBAN TINDAK PIDANA DI PROVINSI RIAU

2020 ◽  
Vol 3 (1) ◽  
pp. 25-42
Author(s):  
Dewi Lisnawati
Keyword(s):  
Law Enforcement ◽  
Sexual Assault ◽  
Sexual Violence ◽  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Child Victims ◽  
Legal Research ◽  
Law Enforcement Officials ◽  
Victims Of Crime

ABSTRAKSetiap anak yang menjadi korban tindak pidana berhak mendapatkan restitusi seperti yang tertuang di dalam peraturan pelaksana dari Pasal 71 D Undang-Undang Perlindungan Anak No. 35 Tahun 2014 yakni Peraturan Pemerintah Nomor 43 Tahun 2017 tentang Pelaksanaan Restitusi Bagi Anak Yang Menjadi Korban Tindak Pidana. Pelaksanaan restitusi kepada korban hanya ditujukan kepada beberapa tindak pidana tertentu saja termasuk tindak pidana kekerasan seksual. Diterbitkannya Peraturan Pemerintah tersebut bertujuan untuk memberikan perlindungan hukum terhadap korban khususnya anak-anak atas penerapan hak restitusi. Penelitian ini termasuk tipologi penelitian hukum empiris. Hasil penelitian menunjukkan bahwa pelaksanaan restitusi bagi anak yang menjadi korban tindak pidana kekerasan seksual di Provinsi Riau berdasarkan Peraturan Pemerintah Nomor 43 tahun 2017 belum berjalan dengan baik. Hal ini disebabkan oleh beberapa kendala yakni kurangnya kesadaran dari aparat penegak hukum untuk mendorong terlaksananya restitusi bagi anak yang menjadi korban tindak pidana, administirasi pengajuan permohonan restitusi yang rumit, dan kendala restitusi yang tidak dibayarkan dan ketentuan dalam Peraturan Pemerintah Nomor 43 Tahun 2017 yang kurang jelas. Fokus penelitian ini adalah penerapan restitusi pada anak korban tindak pidana berdasarkan Peraturan Pemerintah Nomor 43 Tahun 2017.Kata kunci: restitusi; anak korban tindak pidana; kekerasan seksualABSTRAKEvery child who is a victim of a crime is entitled to get restitution as stipulated in the implementing regulations of Article 71 D of the Child Protection Act No. 35 of 2014 namely Government Regulation Number 43 of 2017 concerning Implementation of Restitution for Children Who Become Victims of Criminal Acts. The implementation of restitution to victims is only aimed at a number of specific criminal acts including sexual violence. The issuance of this Government Regulation aims to provide legal protection for victims, especially children, on the application of restitution rights so that they can run well. This research is a typology of empirical legal research. The results showed that the implementation of restitution for children who were victims of sexual violence in Riau Province based on Government Regulation No. 43 of 2017 has not gone well. This is caused by several constraints namely lack of awareness from law enforcement officials to encourage the implementation of restitution for children who are victims of criminal acts, administration of submission of complex restitution applications, and restitution constraints that are not paid and the unclear provisions in Government Regulation Number 43 of 2017. The focus of this research is on the provisions stipulated in Government Regulation Number 43 of 2017 concerning the implementation of restitution for children who are victims of criminal acts.Keywords: restitution; child victims of crime; sexual assault

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA KESUSILAAN DALAM HUKUM PIDANA POSITIF SAAT INI

2016 ◽  
Vol 3 (2) ◽  
pp. 172
Author(s):  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Criminal Code ◽  
Child Victims ◽  
Sexual Offenses ◽  
Victims Of Crime ◽  
Victim Protection ◽  
The Law

Problems of sexual offenses against children arising from the enforcement of the criminal law has not been oriented to the protection of victims, especially justice, but rather on the application of penalties on the offender. As a result, not make people afraid of committing a crime of morality, even more perpetrators of rape and sexual abuse against children. the problem in this research is how the provisions of the legal protection of children as victims of sexual offenses under criminal law are positive today.Legal protection of child victims of crime in the criminal law of chastity positive current on Article 287, 290, 292, 293, 294 and 295 of the Criminal Code and Article 81 and 82 of the Act.No. 23/2002, as amended. Act. No. 35 of 2014 as amended by Government Regulation No.1 / 2016 on the amendment of the Law No. 23/2002 on Child Protection, and when the victims are included in the scope of the household, then apply the provisions of Articles 46 and 47 of the Law. No. 23/2004 on the Elimination of Domestic Violence, and Law No. 31/2014 on Witnessand Victim Protection. weakness that emerged in the Act. No. 31/2014 is the absence of a provision governing the sanctions when players do not give restitution to the victims.

scholarly journals LEGAL PROTECTION FOR CHILDREN AS A VICTIM OF SEXUAL VIOLENCE: ANALYSIS OF THE DECISION OF THE COURT OF SEXUAL VIOLENCE ON CHILDREN UNDER THE AGE OF 2006-2015

2020 ◽  
pp. 1-32
Author(s):  
Siswantari Pratiwi
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Legal Protection ◽  
Parental Supervision ◽  
Research Approach ◽  
Child Victims ◽  
The Public ◽  
Violence Against Children ◽  
Criminal Sanctions ◽  
Law Enforcement Officials

Children are often considered to be weak, innocent, and easily deceived, when children are free from parental supervision, they are vulnerable to being victims of sexual violence by immoral people who want to satisfy their sexual desires without thinking about the suffering they have to go through. Various rules have been arranged to protect children, but in reality, sexual violence against children continues to occur, this has led to public unrest, especially parents. For this reason, this study was conducted to find out how much the child victims of sexual violence have the highest priority to get protection in law enforcement practices so far. Data analysis techniques used a normative juridical research approach, and the results of interviews with informants as well as an analysis of court decisions on cases of sexual violence against children, in DKI Jakarta and Bekasi. The research proves that protecting children as victims of sexual violence is not limited to applying criminal sanctions or fines on the perpetrators, but must be accompanied by other protections such as assistance, granting their rights to obtain compensation, restitution, and assistance as mandated by law. Ideally, protection for the victim is given at every examination process until the criminal conviction. This is done to realize fair and beneficial law enforcement for children. The protection of children as victims of sexual violence has not been in favor of the interests of victims, the rights of children as victims such as the provision of compensation, restitution, and assistance to victims have not been implemented properly. This is because there is still a lack of understanding of law enforcement officials and the public about the importance of protecting victims. Therefore, as a protection effort that can be done, it is necessary to build a criminal justice system that is more in favor of the interests of children as victims, as well as improvements to the rules so that it is more in the interests of the victims. As soon as possible the regulation of the law is issued as a guideline for executing sentences so as not to cause controversy in the community. Through the application of sanctions that are just and impartial to the interests of the perpetrators, then justice for the victims will be realized.

scholarly journals Rights to restitution for child victim of criminal act under government regulation number 43 year 2017

2018 ◽  
Vol 52 ◽  
pp. 00006
Author(s):  
Azmiati Zuliah ◽  
Madiasa Ablisar
Keyword(s):  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Applied Theory ◽  
Child Victims ◽  
Material Loss ◽  
Child Victim ◽  
Her Family ◽  
Theory Of Justice ◽  
Rights Of The Child

The criminal act against children is a gross violation of human rights. The criminal act committed by the offenderis intolerable because it can affect their survival as well as growth and development. Therefore, the victim deserves legal protection. Restitution is one of forms of protection and fulfillment of the rights of the child to compensate any damages. So far, child victim of criminal act suffers not only material loss (countable) but also immaterial loss (uncountable) such as shame, loss of self-esteem, depression and/or traumatic anxiety.It is the fact that so far the rights of child victims to restitution are very often violated. Therefore, the child victim and his or her family feel that they do not given justice. It is hoped Government Regulation Number 43 Year 2017 will be able to give legal certainty to the victim to ensure that he or she can enjoy his or her rights to restitution for any loss he or she suffers as stipulated in Law Number 35 Year 2014 on the Revision of Law Number 23 Year 2002 on Child Protection. This research uses theory of justice as grand theory, law enforcement as middle range theory and theory of victimology as applied theory.

scholarly journals Perlindungan Hukum terhadap Anak yang Menjadi Korban Tindak Pidana Persetubuhan di Bawah Umur

2020 ◽  
Vol 1 (2) ◽  
pp. 1-5
Author(s):  
Agustinus Yitsak Mannuel Kapitan ◽  
I Made Sepud ◽  
I Nyoman Sujana
Keyword(s):  
Law Enforcement ◽  
Sexual Intercourse ◽  
Child Protection ◽  
Legal Protection ◽  
Medical Assistance ◽  
Criminal Sanctions ◽  
Sense Of Security ◽  
Law Enforcement Officials ◽  
Body And Soul ◽  
The Right

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.

scholarly journals Perlindungan Hukum Terhadap Anak Korban Kekerasan Seksual

2020 ◽  
Vol 1 (2) ◽  
pp. 137-150
Author(s):  
Mastur Mastur ◽  
Syamsuddin Pasamai ◽  
Abdul Agis
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Criminal Law ◽  
Preventive Measures ◽  
Legal Protection ◽  
District Court ◽  
Child Victims ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Investigation Process

Penelitian bertujuan untuk menganalisis perlindungan hukum terhadap anak korban kekerasan seksual, dan menganalisis faktor yang mempengaruhi perlindungan hukum terhadap anak korban kekerasan seksual. Tipe penelitian ini adalah yuridis empiris. Hasil Penelitian bahwa; Perlindungan hukum terhadap anak yang menjadi korban kekerasan seksual dalam praktik penegakan hukum pidana oleh Kepolisian di Polewali Mandar adalah perlindungan dalam proses penyelidikan serta melalui upaya preventif/pencegahan dengan bekerja sama dengan Lembaga Swadaya Masyarakat (LSM) di Kabupaten Polewali. Sedangkan perlindungan hukum oleh Pengadilan Negeri Polewali adalah perlindungan dalam proses persidangan yang berupa korban anak tidak disumpah, hakim dalam memberikan pertanyaan sangat hati-hati dan tidak formal, serta adanya pendamping yang dipercaya oleh korban anak. Perlindungan hukum terhadap anak korban kekerasan seksual tidak berjalan secara efektif dikarenakan masih terdapat tindak kekerasan seksual anak yang pada kenyataannya saat ini masih banyak yang menimpa anak di Kabupaten Polewali Mandar. This study aims to analyze the legal protection of child victims of sexual violence, and to analyze the factors that influence the legal protection of child victims of sexual violence. This type of research is juridical empirical. Research results that; Legal protection for children who are victims of sexual violence in criminal law enforcement practices by the Police in Polewali Mandar is protection in the investigation process and through preventive / preventive measures in collaboration with Non-Governmental Organizations (NGOs) in Polewali Regency. Meanwhile, legal protection by the Polewali District Court is protection in the trial process in the form of child victims who are not sworn in, judges in giving questions are very careful and informal, and there is a companion who is trusted by child victims. Legal protection for child victims of sexual violence does not work effectively because there are still acts of child sexual violence which in fact currently still happen to many children in Polewali Mandar Regency. the factors that influence the legal protection of child victims of sexual violence. This type of research is juridical empirical. Research results that; Legal protection for children who are victims of sexual violence in criminal law enforcement practices by the Police in Polewali Mandar is protection in the investigation process and through preventive / preventive measures in collaboration with Non-Governmental Organizations (NGOs) in Polewali Regency. Meanwhile, legal protection by the Polewali District Court is protection in the trial process in the form of child victims who are not sworn in, judges in giving questions are very careful and informal, and there is a companion who is trusted by child victims. Legal protection for child victims of sexual violence does not work effectively because there are still acts of child sexual violence which in fact currently still happen to many children in Polewali Mandar Regency

scholarly journals LEGAL PROTECTION ON CHILDREN AS A VICTIMS OF SEXUAL VIOLENCE BASED ON PROGRESSIVE LAW

2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Etik Purwaningsih
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Legal Protection ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
International School ◽  
Primary Data ◽  
Child Victims ◽  
Legal Obligations

Sexual violence happened to children are often occurred, after the emergence of sexual cases in Jakarta International School (JIS). It began to arise attention to child victims of sexual violence. This paper aims to provide a review of the protection on child victims of sexual violence at this time. With the sociological juridical method, the primary data were obtained from direct interviews with law enforcement officers, while secondary data were obtained from literature references. The result shows that the legal protection does not pay attention on children as victim. The legal protection for children as victim sexual violence is expected to give punishment to the criminals in the form of payment of compensation to the victim whose amount is determined in the court, or fulfillment of the obligation of the Local custom or legal obligations that live in society or social and mental rehabilitation. If the convicted person tries to avoid giving the compensation, the convicted person is not entitled to a reduction in the criminal term and does not get conditional released.

scholarly journals Justice Collaborator Ditinjau Dari Undang-Undang Nomor 31 Tahun 2014 Perlindungan Saksi dan Korban

2019 ◽  
Vol 6 (1) ◽  
pp. 39
Author(s):  
Zhulfiana Pratiwi Hafid
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Criminal Case ◽  
Not Given ◽  
Legal Research ◽  
Case Examples ◽  
Law Enforcement Officials ◽  
Positive Impression ◽  
Research Show

Penelitian ini dilakukan dengan bertujuan untuk mengetahui peranan justice collaborator dalam pengungkapan suatu kasus tindak pidana; untuk mengetahui bagaimana pengaturan perlindungan hukum terhadap justice collaborator. Jenis penelitian ini adalah penelitian hukum normatif, dengan pendekatan perundang-undangan dan beberapa contoh kasus. Hasil penelitian ini menunjukkan bahwa  kehadiran seorang justice collaborator dalam mengungkap tindak pidana korupsi sangat membantu dalam proses persidangan atau penjatuhan hukuman kepada terdakwa, sehingga secara tidak langsung memudahkan para aparat penegak hukum. Perlindungan yang diterapkan pada Undang-Undang Nomor 31 Tahun 2014 dan SEMA No. 04 Tahun 2011 belum memberikan kesan positif dalam hal pemberian perlindungan fisik dan hukum, penanganan secara khusus, dan penghargaan kepada justice collaborator. Namun dalam hal perlindungan hukum yang diberikan kepada justice collaborator dianggap belum signifikan terhadap pemberian reward dan punishment.This research was conducted with the aim of: 1) To determine the role of justice collaborators in disclosing a criminal case; 2) To find out how to regulate legal protection against justice collaborator. This type of research is normative legal research, with a legal approach and several case examples. The results of this research show that: 1) the presence of a very justice collaborator in uncovering criminal acts of corruption is very helpful in the trial process or sentencing of the accused, thus indirectly facilitating law enforcement officials. 2) protection applied to Law Number 31 of 2014 and SEMA No. 04 of 2011 has not given a positive impression in terms of providing physical and legal protection, special handling, and appreciation to justice collaborator. However, in terms of legal protection given to justice collaborators it is deemed not significant to the provision of reward and punishment.

scholarly journals PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP ANAK YANG MENJADI KORBAN TINDAK PIDANA DI WILAYAH HUKUM PENGADILAN NEGERI BANYUMAS

2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Haryanto Dwiatmodjo
Keyword(s):  
Law Enforcement ◽  
Mass Media ◽  
Child Protection ◽  
Media Coverage ◽  
Legal Protection ◽  
District Court ◽  
Real Form ◽  
Law Enforcement Agency ◽  
Implementation Costs ◽  
Victims Of Crime

Forms of legal protection of children as victims of crime in the jurisdiction of the District Court of Banyumas on the level of investigation in the Police with given rehabilitation. At the level Prosecutor's just no real form of protection for victim.  Who's in Court level there are two forms of protection, the first form of protection of identity in the mass media coverage to avoid labeling, and second with the provision of safety guarantees. Realization of the protection of children who are victims of crime has not been up to since the rights of victims, get rehabilitation, compensation, and restitution difficult to manage their funds because there is confusion of the law enforcement agency where the source of funds to be allocated. Barriers to the very fundamentals of the implementation of child protection as a victim was the absence of implementation costs to maximize protection. Keywords: Legal protection, children, victims  

scholarly journals Increasing identity and community awareness in Medan City about victim rights of sexual violence

2019 ◽  
Vol 4 (2) ◽  
pp. 837-841
Author(s):  
Ningrum Natasya Sirait ◽  
Rosmalinda ◽  
Edy Ikhsan ◽  
Mahmul Siregar ◽  
Agusmidah
Keyword(s):  
Sexual Violence ◽  
Government Regulation ◽  
District Court ◽  
Child Victims ◽  
Regional Government ◽  
Government Regulations ◽  
Rights Of The Child ◽  
New Information ◽  
Law Enforcement Officials ◽  
The Republic

Indonesia currently has Law Number 11 of 2012 concerning the Criminal Justice System for Children (UU-SPPA) to provide protection for children who need special protection such as child offenders, victims and witnesses. In fact, the implementation of the UU-SPPA actually only focuses on children as perpetrators. This not only shows that justice for children is still not upright especially for children who are victims of sexual violence. This is evident from the findings of a study conducted in 2019 entitled "The Effectiveness of the Convention on the Rights of the Child Victims of Sexual Violence". This study found that although Indonesia already has 2 government regulations governing the fulfillment of victims of sexual violence in the form of compensation and or restitution, none of the decisions of the Medan District Court and Lubuk Pakam contain the rights of victims. The decisions of the Medan District Court and Lubuk Pakam throughout 2018 were oriented towards providing penalties for the perpetrators. The two Government Regulations which are guidelines for implementing the Law are (a) Government Regulation of the Republic of Indonesia Number 7 of 2018 concerning Provision of Compensation, Restitution and Assistance to Witnesses and Victims; and (b) Government Regulation of the Republic of Indonesia Number 43 Year 2017 Concerning Implementation of Restitution for Children Who Are Victims of Criminal Acts. These two Government Regulations are the basic ingredients for the implementation of the 2019 Mandatory Servant Lecturer service dedication. This situation is the basis of community service in two districts namely Medan Baru and Medan Sunggal. Law Enforcement Officials (APH) in this case the police and the community not only obtain new information about victims' rights but also increase their awareness to guarantee the rights of children victims of sexual violence are requested in legal proceedings for perpetrators. Furthermore, the Police and the community hope that the information on these two Government Regulations can be continued both by the Regional Government Organization (OPD) and other institutions such as the Civil Society Organization (CSO) in Medan.

scholarly journals Perlindungan Hukum terhadap Whistleblower dalam Tindak Pidana Narkotika.

2021 ◽  
Vol 2 (2) ◽  
pp. 332-336
Author(s):  
Gusti Nyoman Adung Setiawan ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Legal Protection ◽  
Legal Institutions ◽  
Legal Research ◽  
Conceptual Approach ◽  
Law Enforcement Officials ◽  
Legal Security ◽  
Statutory Regulation

A wistleblower is someone who is aware of a criminal act and notifies it to law enforcement officials. The role of whistleblowers is very important to help expose acts of narcotics abuse. The purpose of this study is to determine the legal protection arrangements for whistleblowers in narcotics abuse and to find out legal protection for whistleblowers in narcotics crime. The research method used in this research is normative legal research method normative legal research method which is carried out by examining a statutory regulation related to the problem being discussed and through a conceptual approach or conceptual approach which shows a concept, and uses a conceptual approach. doctrine, namely the views or thoughts of experts related to the science of law. A person who is a whistleblower or notifier in narcotics abuse always bears a reply from those who feel aggrieved or aggrieved as a result of a notification or report from a whistleblower, legal security for a person who is a pioneer or whistleblower in investigating criminal acts of narcotics abuse is important given to the authorities so that all people are willing to become reporters in order to support legal institutions to reveal and arrest narcotics abuse. Security for whistleblowers must be made strictly in law so that security for whistleblowers can be upheld.

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