Penerapan Pidana Penjara Sebagai Pengganti Pidana Denda dalam Putusan Perkara Tindak Pidana Narkotika

ABSTRAK Tujuan Penelitian ini adalah untuk mengetahui dasar pertimbangan hakim dalam penerapan pidana penjara sebagai pengganti pidana denda dalam putusan kasus narkotika. Penelitian ini merupakan penelitian yuridis normatif yaitu dengan mempelajari peraturan perundang-undangan yang berlaku yang berhubungan dengan putusan pengadilan tentang tindak pidana narkotika. Hasil penelitian ini menunjukkan bahwa akumulasi antara pidana penjara dan pidana denda dalam undang-undang narkotika ini belum efektif karena dalam penerapannya pidana denda tidak pernah dibayarkan oleh pelaku. Pelaku lebih memilih untuk menjalankan pidana pengganti berupa pidana penjara. Hal ini menguatkan pendapat bahwa persoalan ini terjadi karena pidana penjara pengganti denda rendah sehingga cenderung lebih menguntungkan terpidana secara pragmatis. Disarankan pembuat kebijakan hendaknya memperhatikan efektivitas penetapan sanksi pidana denda dengan merumuskan peraturan perundang-undangan yang seimbang antara beratnya pidana penjara yang dijatuhkan dan pidana penjara pengganti denda. ABSTRACT This article seeks to analyze basis of judge's consideration in exercising imprisonment as a substitute for criminal fines in narcotics abuse case. As a normative juridical research, this study examines laws and their application to court decisions regarding narcotics crime. The results of this study demonstrates that the accumulation of imprisonment and criminal fines in the narcotics' law has not been effective to urge the perpetrator pay criminal fines. In reality, the perpetrator pragmatically prefers carrying out imprisonment to substitute sanction. The result of this research has supported the idea that the problem behind the application of imprisonment as a subtitute of fines tends to be pragmatically favourable to that of fines sanction. It is recommended that the policy-makers pay attention to the effectiveness of the stipulating criminal sanctions in the form of fines by formulating a balanced legislation between the severity of imprisonment and its substitute in the form of fines sanction.

An adolescent patient with perianal herpes as a finding of child abuse: Case report

Herpes Simplex Virus (HSV) type 1 and type 2, is transmitted via sexual or non sexual routes, leading to oral, genital or anal infections. HSV type 1 presents with oral lesions rather than genital lesions in small children. Therefore, in a child with type 1 infection in genital or anal region, the probability of auto-inoculation from oral lesion should be considered. As to genital or anal HSV type 2 infection is transmitted mostly via sexual route, non-sexual auto-inoculation not being described for it. Such infections detected in anal and genital regions in children suggest sexual abuse. The aim of this case report is to present and discuss an adolescent patient with herpetic vesicles in perianal regions who was subjected to sexual abuse.

Sentencing for Minors in Sexual Abuse Cases

Sexual abuse is committed not only by adults but also by minors. The legal process upon children who have committed sexual abuse refers to the Law Number 11 of 2012 on the Juvenile Court System. The purpose of this study is to find out the factors to be considered by the panel of judges in imposing penalty upon the perpetrators. The study employs both normative and empirical approaches. It is found with regard to the liability issue, the panel of judges relies on both juridical and non- juridical consideration. In sexual abuse case that was tried in Kebumen District Court, beside imposing imprisonment, the panel of judges also ordered the perpetrators to undergo work training as a substitute of fine.

Child physical abuse: awareness and practices of medical and dental doctors in Pakistan

Objectives: To determine the awareness and practices of medical and dental doctors in detecting and reporting suspected cases of child physical abuse. Methods: A cross-sectional study was done from November 2017 to June 2018 among medical and dental doctors practising in public and private hospitals across Pakistan. Using convienence sampling technique a structured questionnaire was administered. The questionnaire addresses knowledge of the social indicators of child physical abuse, response to child physical abuse, and actions taken by doctors when they believe a child abuse case has been decided. Descriptive analysis was done, and Chi-square test was used for the association of knowledge about child physical abuse and sex. P-value < 0.05 was considered as statistically significant. Results: Out of total 575 doctors, 347 (60.3%) were males and 446 (77.6%) work in private hospitals. The majority of doctors 384 (66.8%) had <10 years of experience and only 99(17.2%) had received formal training of child abuse. A fifth of doctors agreed to tell someone immediately after being physically abused for social indicators of child physical abuse and considered statistically significant between the sexes (P<0.05). Most doctors 450(78.3%) strongly agreed on the value of identifying and documenting child physical abuse while 563(97.9%) doctors did not take any action to suspect a child abuse case. Conclusion: The study revealed sufficient knowledge among doctors about child physical abuse. Although the doctors had a positive attitude regarding child physical abuse, a large proportion remain silent on its suspicion. Keywords: Child, Physical abuse, Physicians, Continuous...

“When My Hands Were Tied, You Were Able to Continue”

This paper discusses our experiences harnessing the complementarity of perspectives, positions, and resources as an outsider lead researcher and an insider research assistant while reporting a child abuse case that we learned of during qualitative case study research in Kenya. We use collaborative autoethnography to examine our experiences during the research process, with semi-structured individual interviews of each other and document analysis of our email correspondence. We provide a narrative of vulnerability regarding the complexity of reporting child abuse and offer recommendations on how researchers can navigate their limitations and strategically draw from insider-outsider partnerships when managing ethical challenges.