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Juantilo Gurusinga; Muhammad Hasan Sebyar

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Bullying is a serious problem that occurs in the school environment and can have a negative impact on children. Bullying includes intimidation, physical violence, verbal abuse, and emotional thinking towards vulnerable victims by a person or group of people. The aim of this research is to examine legal protection for children who are victims of bullying in the junior high school environment. Bullying has become a big problem in educational environments, where children often experience physical, verbal and emotional violence. This study focuses on analyzing the legal framework that exists to protect these young victims and ensure their well-being in the school environment. This research is empirical legal research, using a statutory-regulatory approach (legislative approach) and a legal sociological approach (socio-legal approach). The results of this research indicate the need for comprehensive legal action to eradicate bullying in junior high schools, including prevention strategies, effective reporting mechanisms, and appropriate disciplinary action against perpetrators. In addition, this study emphasizes the need for the role of schools and the state in creating a safe and supportive environment for children, where incidents of bullying are promptly addressed and the rights of victims are protected.    

Siti Nurlaila A. Imani; Suwitno Y. Imran; Apripari Apripari

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to discuss factors inhibiting law enforcement against dating violence. This research uses empirical legal methods, namely based on phenomena and realities in society, then analyzed descriptively qualitatively and conclusions are given. The results of the research show that the factors inhibiting law enforcement of violence against women in relationships in the jurisdiction of the Gorontalo City Police Department are legal and enforcement factors where there are no articles or statutory regulations that specifically regulate violence in dating relationships; Police Resource Factors; Factors within the victim and family; and Lack of community participation and culture. Therefore, it is important to make extra efforts in the law enforcement process by the authorities against violence in dating relationships, and prioritize justice and safety for victims. This can be done by strengthening the legal substance, especially the sanctions imposed on perpetrators, including the commitment and consistency of the authorities in completing the process in question. Furthermore, the community, including parents and families, are expected to be more active and caring in providing protection movements for victims of violence in dating relationships. Apart from that, the importance of socializing the impact and legal sanctions that will be given to perpetrators who commit dating violence, especially for teenagers who are vulnerable to becoming perpetrators or victims.

Faturohman Faturohman; Badrudin Badrudin; Khujaemi Saputra

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Human rights, these are rights that humans have, in several countries there are discussions about the rights of children who are victims of bullying. There is legislation that discusses this right, children have the right to be protected from all forms of violence, bullying is behavior that is degrading. The rise of this case in Indonesia has had a negative impact on victims, perpetrators and sanctions, but it has had a very serious impact on the victims. The factor that causes cases of bullying is that when there is no adequate supervision from adults in the school environment, at home, or in other public places, perpetrators of bullying can feel that they can do it without consequences. Therefore, cases of bullying must be prevented and monitored very closely, so that there are no more cases of this increasing over time.

Rivaldus Ronjo; Rudepel Petrus Leo; Deddy R. Ch. Manafe

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The purpose of this research is to analyze the efforts and obstacles in providing legal protection to children who are victims of sexual violence in West Manggarai. This research is an empirical juridical research in which this research was conducted at the Social Service of Women Empowerment and Protection of West Manggarai Regency, West Manggarai Resort Police, and West Manggarai Women and Children's Home. Data collection techniques used interviews and document/literature studies. The data used were primary data and secondary data. The results of the data processing were analyzed descriptively qualitative. The results of this study indicate that legal protection efforts against child victims of sexual violence in West Manggarai are providing legal assistance to children who are victims of violence, providing spiritual guidance to victims of sexual violence, providing health assistance to victims to check their health, providing safe houses or shelters, applying criminal sanctions for perpetrators. Obstacles in providing legal protection to child victims of sexual violence in West Manggarai are community factors, cultural factors, infrastructure factors, law enforcement factors.

Alvian Pradana Ambarita; T. Riza Zarzani

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Cyberbullying is bullying using digital technology. This can happen on social media, chat platforms, gaming platforms, and mobile phones. Meanwhile, according to Think Before Text, cyberbullying is aggressive and purposeful behavior carried out by a group or individual, using electronic media, repeatedly from time to time, against someone who is deemed not to easily resist this action. So, there is a difference in power between the perpetrator and the victim. The difference in strength in this case refers to a perception of physical and mental capacity. The nature of the research used is normative legal research and the data collection method used in this research is secondary data obtained through library research, namely by conducting research on various literature such as books, laws, with the aim of to look for concepts, or understandings related to the problem of Cyber ​​Bullying Behavior Due to Social Media Which Affects Teenagers. The physical impact of cyberbullying is that teenagers experience headaches, stomach aches, sleep disorders, fatigue, back pain, loss of appetite and digestive problems. Psychologically and emotionally, teenagers feel fear, feelings of terror, anxiety, suffering, sadness, stress and symptoms of depression. School is related to teenagers being less motivated to go to school and a decrease in concentration levels or academic grades. Psychosocially, adolescents have feelings of isolation and loneliness, exclusion and even social rejection. That a personality who is dominant and enjoys violence tends to be temperamental, impulsive, and easily frustrated and often behaves aggressively in adults. Personality characteristics have a fairly high role in a person's tendency to become a perpetrator of cyberbullying. A person with high self-esteem will show himself to have power over others. This is what makes cyberbullying perpetrators show that they are someone who is powerful by bullying weak people.

Roli Pebrianto

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article discusses the importance of witness testimony in the criminal justice process in Indonesia, particularly in cases of violent theft. This research focuses on the decision of the Sumbawa Besar District Court Number: 142/Pid.B/2023/PN.Sbw. The method used is normative legal research, which analyzes primary and secondary legal documents to understand how testimony is used in court despite the absence of the victim. This study finds that witness testimony is crucial in proving criminal acts. However, in this case, most of the testimony provided was testimonium de auditu, based on hearing from others rather than direct experience. This raises issues concerning the validity of such testimony as legitimate evidence. The conclusion of this research indicates that although witness testimony is important, caution must be exercised in assessing its validity, especially when the testimony does not originate from the direct experience of the witness. This is important to ensure a fair trial process in accordance with applicable legal principles.

Tiyo Saputra; Sadrianor Sadrianor; Ananda Zakiyyah Salzabillah

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This journal aims to provide an explanation of Article 5 of Law Number 23 of 2004 concerning the Elimination of Domestic Violence which states that every person is prohibited from committing domestic violence against people within their household by means of: physical violence, psychological violence, sexual violence. and/or household neglect. In reality, even though there is Law Number 23 of 2004 concerning the Elimination of Domestic Violence, domestic violence still occurs frequently. The purpose of writing this article is to explain the factors that cause domestic violence and the suitability of the Perempuan Academy program as a sustainable non-penal effort to tackle domestic violence and its obstacles in Kel. Karang Anyar, Samarinda City. The data in this article was obtained from secondary data by conducting library research and reviewing textbooks and statutory regulations. The primary data in this article was obtained by carrying out data collection techniques and also interviews with a number of respondents and informants. The results of this research show that the factors that cause domestic violence are economic inequality and the community's lack of knowledge about domestic violence. Efforts to reduce domestic violence in Kel. Karang Anyar has been carried out in various ways, one of which is through mediation and through the Perempuan Academy which is appropriate as a sustainable non-penal effort. The obstacles faced in implementing this program are the aspect of activity support tools which are considered to be less than optimal. The factors that cause domestic violence resolutions do not reach the courts are because victims do not want to report them for various reasons. Meanwhile, efforts that can be made by law enforcement officials are repressive and preventive efforts by providing education about domestic violence. It is recommended that all relevant parties, including the police, legal aid institutions, government and society, continue to increase integrated cooperation in dealing with domestic violence.      

Tiyo Saputra; Khristyawan Wisnu Wardana; Agustina Wati

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Samarinda City is one of the cities located in East Kalimantan Province and is often found to have cases of Domestic Violence. The implementation of Law Number 23 of 2004 concerning the Elimination of Domestic Violence should be a solution to participate in preventing and overcoming acts of Domestic Violence as a law enforcement effort. However, in its implementation it turns out that there are still cases of Domestic Violence. The research approach used in this research is a Social Legal Research approach which aims to examine two main points of discussion, first to examine the handling of victims of Domestic Violence in Samarinda City. Second, to examine the role of the Perempuan Academy program in empowering community groups for Family Welfare Empowerment to prevent Domestic Violence in Samarinda City. The results of the research show that the handling of Domestic Violence in the City of Samarinda is provided both repressively and preventively, not only to deal with it after it occurs and is experienced by the victim, but also to participate in preventing it before the crime occurs in order to reduce cases of Domestic Violence in the City Samarinda and the Women's Academy program is considered sufficient to help the Family Welfare Empowerment group in Karang Anyar Village, Samarinda City to prevent Domestic Violence.

Fauzia Latief; Mutia CH. Thalib; Suwitno Yutye Imran

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine and analyze empirical juridical analysis of divorce due to domestic violence in the Gorontalo Religious Court and the factors causing divorce due to domestic violence in the Gorontalo Religious Court. This research discusses problems regarding divorce due to domestic violence in the Gorontalo Religious Court. This type of research is empirical juridical research or what is called field research. The results of this research explain that the empirical juridical analysis of divorce in the Gorontalo Religious Courts is caused by domestic violence, especially violence against wives, caused by various problems that are interrelated and influence each other, causing continuous disputes and quarrels. These problems include: economic conditions, lack of understanding of religion, infidelity, jealousy, drunkenness and gambling, husbands are easily emotional and are caused by the presence of one of the parents on both sides taking part in the household which can lead to a household crisis. In this case, the wife becomes vulnerable to violence because of her unequal position in society and the institution of marriage, both emotionally, socially and emotionally. This research shows that domestic violence is a significant factor in triggering divorce cases filed in the Religious Courts. And the factors that cause divorce due to domestic violence in the Gorontalo Religious Court are the dominant factors that cause divorce due to domestic violence, namely: that there is a lack of religious understanding, behavioral factors, social factors, drunkards and gamblers, disputes or quarrels and other factors. domestic violence.

Shintauli Sihombing; Andry Syafrizal Tanjung

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Children are a valuable treasure for parents. This is proven when married couples or parents who do not or have not had offspring or children then they try to find or get them even though they spend a lot of possessions. Likewise with the country. Both developed and developing countries really need children as the nation's successors. As world civilization continues to develop, parents are increasingly unwilling to give birth or have children for various reasons.The research specifications used in this research are analytical descriptive, that is, trying to describe or describe events and occurrences without carrying out hypotheses and statistical calculations. The data obtained will be presented systematically, the data required in this research is secondary data and primary data. This research is descriptive analysis, descriptive analysis, namely research aims to describe in detail, systematically and comprehensively everything related to this research problem and also normative juridically, namely research based on Ministerial regulations, books, along with analyzing Decision Number 45 /Pid.Sus-Anak/2022/Pn Mdn. Law Number 11 of 2012 concerning the Juvenile Justice System has the most basic substance in this law, namely the strict regulation of Restorative Justice and Diversion which is intended to keep children away from the justice process and avoid stigmatization of children who are in conflict with the law and are expected to can return to the social environment naturally. Factors that cause children to become perpetrators of criminal acts of sexual intercourse are due to causes in the form of environmental factors, faith factors, Social and Cultural Factors in the form of social and cultural factors can also influence children's views on sexuality and violence. Criminal acts committed by children must normatively seek diversion while still paying attention to the diversion requirements as regulated in Article 7 of the Juvenile Criminal Justice System Law. However, from the cases studied by the author, based on the District Court Decision, namely Decision Number 45/Pid.Sus-Anak/2022/Pn Mdn, the case does not meet the legal requirements for diversion even though the perpetrator is a child.

Rivando Sembiring; Syaiful Asmi Hasibuan

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze and describe the crime of child abuse by parents in terms of child protection aspects. Current developments bring about the evils that society suffers from: violent crimes and maltreatment. One of the most common are crimes involving child victims. Such cases are known as child abuse. Two main problems arise from this declaration. That is, the regulation of criminal sanctions for criminal acts committed by parents and legal protection of children who are abused within the meaning of the Child Protection Act. This investigation uses a normative legal investigation type with a legal and conceptual approach. This research is included in normative research, which is sourced from primary legal materials. Data were collected by using literature and document study methods. The results show that. The imposition of criminal sanctions on criminal acts committed by parents if they meet the elements of Article 76C are child protection against abuse of political activities, involvement in armed conflict, involvement in social unrest, involvement in cases. From Law. Elements of violence, involvement in war and sex crimes.

Eva Khumairoh; Ishaq Ishaq; Muhammad Faisol

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Rape in a relationship has similar effects to rape outside of marriage. It is intended to avoid unnatural sexual behavior in a couple. Although men are considered to have full rights over their wives including in terms of sexual relations, it can worsen the relationship. The problem raised in this paper is to find out how the regulation of marital rape in Indonesia. The research method used is normative legal research, in order to analyze the vague norms related to marital rape in Law No. 23 Thn. 2004 with Law No. 12 of 2022. With the results of the analysis explaining that the factor of marital rape which later became a serious case both in the national and international scope needs regulations on marital rape, especially in Indonesia as a form of affirmation in the gander structure.

Nur Najwa; Nabila Anggraini; Herlina Herlina; Surya Sukti

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

. Robbery (hirâbah) in Islamic criminal law (fikih jinayah) is defined as the act of taking someone else's property forcibly and openly on a public road by using violence or the threat of violence. Hirâbah is classified as jarîmah hudud because the type and punishment are strictly determined by shara'. Proof of jarîmah hirâbah in Islamic criminal law is based on the perpetrator's confession (iqrâr), testimony (shahâdah), and strong clues/indications (qarînah) that lead to the occurrence of the jarîmah. Legal sanctions for the perpetrators of hirâbah have been stipulated in the Quran surah Al-Maidah verse 33, which consists of the death penalty, crucifixion, cross-cutting of hands and feet, and exile / imprisonment.

Fitri Ida Laela; Suandi Suandi

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Factors causing children to become perpetrators of criminal acts include the attitude of parents who often commit violence against children. Another cause is the increasing number of perpetrators of crimes committed by children in the family, school and community environment. These value systems conflict with each other with the mindset of children who are growing up. Poverty in the social environment is also a cause of children committing crimes. One example is children and adolescents in the Johar Baru area, Central Jakarta who are often suspects in inter-village brawls. Legal Accountability for Children Who Are Drug Dealers Based on Law Number 11 of 2012 in imposing prison sentences on children as perpetrators of narcotics crimes based on various considerations consisting of aggravating and mitigating considerations shows that judges are only oriented towards prohibited acts which means only oriented towards aggravating considerations.

Yoaclino De Vedruna Ximenes; Adrianus Djara Dima; Deddy R. Ch. Manafe

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Children are a trust and gift from the Almighty God in whom the honor and dignity of being a complete human being is inherent. Every child has dignity that should be upheld and every child born must receive their rights without the child asking. It's time for the wrong paradigm that thinks children have no rights and must always obey their parents. One of the problems of violence against children is sexual violence which is the focus of this research. The cases of violence that occur are one of the weaknesses in legal protection and protection of the human rights of children who are victims, even though it is the children who must be protected. Children's rights have been expressly stated in the constitution, that the state guarantees every child the right to survival, growth and development and the right to protection from violence and discrimination. The best interests of children need to be respected, as the best interests for the survival of humanity. So that everyone always tries to ensure that children do not become victims of violence, or children fall into committing evil acts or other disgraceful acts. In general, criminal law was born to regulate and organize community life in order to create and maintain public order. Thus, before using crime as a tool/sanction, it is necessary to understand the tool itself. The Criminal Code as the parent or main source of criminal law has detailed the types of crimes, as formulated in article 10 of the Criminal Code. The research results show that the legal process in Malacca Regency is running as the law should, while the research results regarding child protection are not running or being implemented as well as possible due to the lack of legal assistance in the form of safe houses for women and children, psychologists and so on. Lack of direct support from the government itself in handling cases that occur. It is only limited to outreach to residents regarding the impacts and things that should be done to achieve harmony within the families of Malacca Regency itself.

Asrina Nggai; Dian Ekawaty Ismail; Avelia Rahmah Y. Mantali

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Acts of sexual violence against women and children are a threat that continues to occur anywhere in the world. Boalemo Regency is one of the districts that has experienced a fairly high increase in the number of cases of sexual violence against children. Based on information obtained by the author at the Boalemo Police, the number of cases Sexual violence in the last 3 years has increased by 55 cases. In 2020 there were 15 cases, in 2021 it increased to 18 cases and in 2022 cases of sexual violence increased to 22 cases and cases of sexual crimes against women, in 2019 there were 2 cases, in 2020 only 1 case, and in 2021 only 2 cases. This research aims to determine the factors that cause sexual violence against women and children and to determine the police's efforts to tackle acts of sexual violence against women and children. This research aims to find out what factors cause criminal acts of sexual violence against women and children in Boalemo Regency and what police efforts are in dealing with criminal acts of sexual violence against women and children in Boalemo Regency. The research method used is empirical legal research. The data obtained in this research is analyzed qualitatively, namely by collecting data and drawing conclusions to determine the results. The research results show that there are several factors that cause sexual violence against female children in Boalemo Regency, namely: alcohol, low education, unmet biological needs, the role of the victim, lack of religious education and pornography. And the police's efforts to tackle criminal acts of sexual violence against women and children in Boalemo Regency are: conducting outreach and providing information about sexual violence through social media.

Farahavisa Rifastya Mahfud; Subekti Subekti; Riska Andi Fitriono

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Sexual violence is a serious problem that causes physical and psychological harm to the victims. In efforts to prevent and address sexual violence, cooperation from all elements of society is very much needed, including through community-based service provider organizations as a form of community participation. This is regulated in Indonesian Law on Sexual Violence, Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual (UU TPKS) Article 85 regarding Community Participation, both in prevention and victim recovery. The Solidarity Foundation for Women's Humanity and Human Rights (SPEK-HAM) in Kota Surakarta is one of the community-based service provider organizations that play an important role in providing various prevention and victim recovery programs in accordance with the mandate of Indonesian Law on Sexual Violence (UU TPKS). However, in its implementation, SPEK-HAM faces various internal and external obstacles in fulfilling its role as a community-based service provider organization. This study uses the empirical legal research method to analyze SPEK-HAM's participation in implementing the mandate of the Indonesian Law on Sexual Violence in efforts to prevent and recover victims of sexual violence, as well as the challenges it faces. The findings of this research indicate that SPEK-HAM carries out several prevention and victim recovery programs by conducting awareness-raising activities and collaborating with relevant stakeholders. The obstacles encountered in these efforts include internal obstacles from within the organizers of sexual violence prevention and handling, as well as external obstacles which come from the outside.

Riska Andi Fitriono; Lushiana Primasari; Cornella Fithria Khairunnisa

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Domestic violence is known to increase significantly from year to year. There are 4 forms of domestic violence, namely physical, psychological, sexual and economic violence. Of the several forms of domestic violence, there is physical and economic violence that often occurs in Indonesian households. This happens because of several juridical factors that influence the emergence of domestic violence, but there are 2 juridical factors that greatly influence the existence of domestic violence, namely cultural factors and economic factors. The aim of this research is to gain knowledge about the factors that cause domestic violence and how to resolve domestic violence using the concept of restorative justice. Apart from that, the main aim is to ensure that domestic violence cases in Indonesia do not increase. The research method used in this article is a library study approach because it collects data from books, journals, the internet, or other written literature as a basis for writing research.

Arief Fahmi Lubis

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

In accordance with the application of the principle of equality before the law, if criminal behavior occurs against a soldier's wife, the punishment imposed on her husband as a TNI soldier will be the same as that applied in the General Court. The aim of this research is to show that in the context of law enforcement as guidance within the TNI, in domestic violence cases many military members are charged with criminal sanctions by Military Judges. Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description at the time of the research. The results of this research show that The aim of the Panel of Judges in imposing sentences is not merely to convict people who commit criminal acts but also has the aim of educating so that the person concerned can return to the right path to become a good citizen and soldier in accordance with the Pancasila and Sapta Marga philosophies.

Maya Dyah Palupi; Rina Arum Prastyanti

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The case of sexual violence against children from the perspective of international law highlights the importance of protecting children from all forms of sexual exploitation and sexual abuse. The purpose of this paper is to understand the forms of international law rules regarding cases of sexual violence against children and how international law prosecutes the perpetrators. The discussion of cases of sexual violence against children shows that these cases have serious and widespread impacts, with nearly 1.7 billion children worldwide experiencing violence. To address this issue, it is necessary to strengthen the legal framework that considers all behaviors related to Child Sexual Abuse and Male Sexual Abuse (CSAM) as criminal acts. Increasing resources in law enforcement, cooperation with the private sector, education, and relevant research are also important to increase our awareness of sexual violence. The conclusion that can be drawn is that children are indeed a new generation that will continue the continuity of nations and states, so it is only fair for us and law enforcement to ensure that all human rights of children are fulfilled.