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Pryanka Ceza Oktrian; Safina Elfitra Rahmah; Rizky Nazela Shaqina; Schevilya Arda Mugharta; Hikmah Ayudiah Putri +2 more

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Children are the next generation of the nation and will inherit the cultures and customs that are in their environment, especially the family environment. Child Protection is an effort to protect children's human rights so that they can continue to grow and develop into the hope and successor of the nation and state. The family is formed on a sense of security, comfort and affection, unfortunately there are some children who get insecurity and coercion within the scope of their family. The method used in this research is a normative juridical approach, namely by conducting research based on legal materials or references by examining the theories and concepts of these legal materials relating to the legal principles of legislation related to this writing or research. This research aims to examine in depth the legal protection for victims of sexual violence against minors in the family environment, as well as identify problems and obstacles in the application of the Law in order to strengthen legal protection for victims. The results showed that the existing law is still weak with the lack of human resources equipped with special training in handling cases like this.

Sitti Nurhaliza Musa; Lisnawaty W Badu; Julisa Aprilia Kaluku

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

: The aim of this research is to find out how legal protection is for minors as recidivists of criminal acts of theft and the causal factors in Gorontalo City. The method used is an empirical approach based on field facts, then analyzed descriptively qualitatively. The research results show that legal protection for children who are recidivists is provided during the legal process, starting from the investigation, arrest and detention stages. The legal process is carried out in accordance with the provisions of the SPPA Law, and prioritizes the needs, development and growth of children, both physically, mentally and socially. The implementation of legal protection for children who are in conflict with the law, especially for repeat criminals or recidivists, is carried out in the same way as for first-time perpetrators of other criminal acts, but the only difference is that diversion efforts are not applied to those who are recidivists. The protection carried out by the police is to fulfill children's rights in every ongoing legal process; The investigation prioritizes a family atmosphere; and Separate Detention. The cause of children becoming recidivist perpetrators of the crime of theft in Gorontalo City is environmental factors; Economy problem; There is leniency in punishment and lack of effective coaching; and Factors of legal awareness and parental negligence. Therefore, in implementing legal protection for children who commit criminal acts, especially for recidivist perpetrators, law enforcement officers are expected to pay attention to the psychological and social conditions of children, but still prioritize providing a deterrent effect so that perpetrators are afraid to repeat their crimes. These efforts include, for example, implementing existing legal procedures by fulfilling all children's rights, but still carrying out repressive action by providing sanctions as regulated in statutory regulations, and not imposing diversion on perpetrators who repeat criminal acts. Apart from that, the government and especially parents pay as much attention as possible to ensuring life for children, so that they do not become perpetrators of criminal acts such as theft. This is because children are sometimes forced to commit these crimes due to their needs not being met properly, or even due to pressure from other parties.

Aldan Syaifullah Alulu; Weny Almoravid Dungga; Zamroni Abdussamad

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

This research aims to find out how the legal validity of electronic sales and purchase agreements made by minors is reviewed in contract law and Law Number 19 of 2016 concerning electronic information and transactions and what legal consequences arise from the legal validity of electronic sales and purchase agreements. What Minors Do According to Contract Law and Law Number 19 of 2016 concerning Information and Electronic Transactions. Normative legal research uses normative case studies in the form of legal behavioral products, for example reviewing laws. The subject of the study is law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior. So normative legal research focuses on positive law inventory, legal principles and doctrine, legal discovery in cases in concreto, legal systematics, synchronization level, legal comparison and legal history. The results of this research show that (1) Agreements in electronic transactions via electronic media made by minors are said to be invalid because they conflict with the conditions for the validity of agreements in the Civil Code and the Electronic Information and Transactions Law (2) The legal consequences of agreements in electronic transactions via electronic media for minors for legal settlement efforts can only be carried out through guardianship. If minors do not meet the subjective requirements, namely the ability to make an agreement, the agreement made can be cancelled.

Ayu Nurmala; Arfian Suryasuciramdhan; Siti Abelia Puteri; Siti Indriyani Putri

Harmoni: Jurnal Ilmu Komunikasi dan Sosial 2024 International Forum of Researchers and Lecturers

This research discusses the phenomenon of sexual violence against children in Indonesia with a focus on a case involving an elementary school student in Serang, Banten. Through a framing analysis approach, this research explores how the media, especially Detik.com and Radar Banten, frame news about the case. The research results show that psychological, social and environmental factors influence perpetrators of sexual violence in targeting minors or their own children. The framing of reports by the media also plays an important role in shaping public perceptions about the case, by highlighting aspects such as the perpetrator's psychological condition, the role of parents, and the urgency in handling sexual violence cases. The implications of this research are the importance of a deeper understanding of the dynamics of the relationship between perpetrators and victims of sexual violence, as well as the need for preventive measures and stronger law enforcement to protect children from sexual violence.      

Andi Laila Qadrianti Putri; Annisa Febyanti; Bilqisti Kurrotul Aini; Bagus Sugara Putra; Nurul Amaliyah Putri

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

In general, the purpose of marriage is to fulfill human desires in order to create a happy household, in accordance with applicable regulations. However, today the marriage of minors has become an increasingly pointed issue in the context of law, humanity and the protection of human rights. Child marriages often involve one party who has not reached the age of majority, causing a wide and serious impact on the rights of children and society in general. This paper aims to examine more deeply how Indonesian law regulates the age limit of marriage and whether these rules are effective in preventing child marriage, as well as to describe the legal impact of child marriage and the role of the government in strengthening legal protection for victims of child marriage. The method used in this paper is a normative legal writing method using data collection techniques through document study activities on secondary data. The findings of this paper are that children involved in marriage often lack the ability to give free consent. In many cases, child marriage violates the fundamental rights of children in accordance with the UN Convention on the Rights of the Child, Indonesian positive law and other international laws that protect children from exploitation, violence and discrimination. The state's responsibility is not only limited to enforcing laws and regulations that protect children from exploitation, violence and discrimination.

Anam, Fahrun; Moonti, Roy Marthen; Kadir, Yusrianto; Kasim, Muslim

WISSEN : Jurnal Ilmu Sosial dan Humaniora 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The purpose of the research is to know and analyze the application of diversion to victimless criminal acts (narcotics) committed by children in Marisa District Court and to know and analyze the factors that influence the application of diversion to minors in Marisa District Court, Pohuwato Regency. The type of research used is normative-empirical legal research which basically combines a normative legal approach with the addition of various empirical elements. The implementation of diversion for victimless crimes is still less effective because there are still obstacles such as the absence of a special diversion room at the Marisa District Court, even though diversion is an important step in handling narcotics cases involving children and there are several factors related to the diversion process including the lack of adequate regulations in regulating the implementation of diversion for victimless crimes in the examination process in court, in the case of handling children in conflict with the law it should not only be the police, prosecutors, or juvenile judges who must have special qualifications related to handling children in conflict with the law who can handle the case, besides that the lack of understanding of the parties about the implementation of diversion.

Putri Rahayu Ismail; Moh R U Puluhulawa; Mohamad Taufiq Zulfikar Sarson

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This journal examines the form of legal regulation related to the juvenile justice system in Indonesia, with a special focus on minors who are recidivists of the crime of motor vehicle theft (curanmor). Even though Law no. 11 of 2012 concerning the Juvenile Criminal Justice System has comprehensively regulated the handling of children in conflict with the law. There are significant challenges in handling children who repeatedly commit criminal acts. This study uses a normative juridical approach with analysis of applicable laws and regulations as well as cases of recidivism among children who commit crime. The research results show that although the law has provided a framework for the protection and rehabilitation of children, its implementation is often not optimal, especially in handling recidivist children. Special policies are needed that are more focused on preventing recidivism, including strengthening the role of rehabilitation institutions and active involvement of families and communities. In addition, revision of several provisions in existing laws is needed to ensure that the handling of recidivist children can be more effective and fair.

Hikmah Mulia; Windi Hartati; Reza Mauldy Raharja

Prosiding Seminar Nasional Ilmu Pendidikan 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

           The purpose of this research is to find out the steps used by PPKn teachers in dealing with juvenile delinquency among students at SMPN 27 Serang City, because what we already know is that juvenile delinquency in Indonesia often occurs, such as bullying, skipping school which has become a habit, smoking and even smoking. There are minors who are involved in brawls and even use illegal drugs or narcotics, in this case there is a need for teacher involvement in correcting juvenile delinquency among students, in overcoming this, especially civics teachers to help students overcome this by teaching them about morality, standars, and good behavior. This research uses a descriptive qualitative research design through observation, interviews, documentation and literature review to support the data obtained.  The research finding the show that juvenile delinquency among students at SMPN 27 Serang City is a minor offense such as children not tucking in their clothes, playing truant or one of them teasing their friends and breaking the bathroom door. PPKn teachers are also responsible for being role models and facilitators, usually PPKn teachers.  Every time you enter the classroom, teach students to accustom themselves to dress neatly, then instill an attitude of respect, tolerance, then look after the belongings of their classmates and the teacher also does not discriminate between smart and mediocre students, all are equal in accordance with the vision and mission at SMPN 27, Serang City, making the school a reality. Civilized, Creative, Active and Religious or abbreviated as BERKIBAR.     

Nur Hijrah Zainuddin; Moh.R.U. Puluhulawa; Nuvazria Achir

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

This research aims to find out how the crime of raping minors is handled. This research is empirical legal research by presenting field facts as the main data, which are then analyzed descriptively qualitatively. The research results show that the handling of criminal acts, especially those related to sexual intercourse, is usually left to the parents of the victim or perpetrator. The sexual intercourse referred to is when the perpetrator and victim have sexual relations on the basis of mutual consent and it is disputed by the victim's family. What is the PPA unit of the Gorontalo City Police doing in terms of making peace efforts, because considering that the perpetrators of this crime are still children, protection measures must also be taken so that the children can grow and develop and return to normal activities in society. This handling includes receiving complaint reports, the investigation and case investigation stage, the file transfer stage and providing protection for victims. Law enforcers need to consider implementing the concept of restorative justice in minor cases in accordance with existing provisions, but not in cases of rape or sexual violence, especially against children. Apart from that, the community, especially parents and families, are as far as possible against peace efforts to marry the victim to the perpetrator, because it can trigger other problems and prevent repetition of criminal acts and other violence that the victim will receive.

Angraini K. Baculu; Fence M. Wantu; Julisa Aprilia Kaluku

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

The aim of the research is to analyze the factors that cause criminal acts of traffic accidents committed by children and the responsibility of children related to traffic accidents committed by minors which cause death. The research method used in this research is an empirical method. The results of the research show that: 1. The factors causing the occurrence of criminal traffic accidents committed by children which cause death are. General factors include: Manuia, Weather/Nature, Road Conditions. Then external factors, including: Age, personal existence, lack of awareness of the safety of oneself and others, lack of awareness of traffic regulations. And internal factors, including: Lack of parental attention, social environment.2. Responsibility of children for criminal acts of traffic accidents by minors which cause death. The provisions for criminal fines for children whose negligence causes someone to lose their life in Article 310 paragraph (4) of Law Number 22 of 2009 concerning Road Traffic and Transportation can be imposed a fine that can be imposed on childrezn whose negligence causes someone to lose their life at most ½ (one half) of the maximum threat of imprisonment for adults. It can be concluded that for children whose negligence is proven to result in someone losing their life, the threat of imprisonment that can be imposed on them is ½ of the fine in Law Number 22 of 2009 concerning Road Traffic and Transportation. Because the criminal fine in Law Number 22 of 2009 concerning Road Traffic and Transportation is a maximum of IDR 12,000,000.00 (twelve million rupiah), then for a child whose negligence causes someone to lose their life a maximum of IDR 6,000,000, 00 (six million rupiah). Keywords: Accident; Traffic; Child; death.

Dewi Priska Nimanuho; Siti Ramlah Usman; Helsina F. Pello

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

Guardianship is the authority in the maintenance and supervision of minors, who are not under the authority of their parents and the management of the objects or assets of the child that have been regulated by law. In the implementation of child guardianship there are procedures that regulate it, but in reality the Eugene Schmitz Orphanage implements the rules in its own way. The formulation of the problem: (1) What are the procedures for child guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village based on civil law? (2) What are the rights and obligations of the parties in the implementation of child guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village based on civil law? (3) What are the inhibiting factors in the implementation of child guardianship at the Eugene Schmitz Orphanage, Lewoleba Timur Village?. The objectives of this research are: (1) To Know the Procedure of Child Guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village Based on Civil Law. (2) To Know the Rights and Obligations of the Parties in the Implementation of Child Guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village Based on Civil Law. (3) To find out the inhibiting factors in the implementation of child guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village. The benefit of this research is to add information for the government to better supervise guardianship procedures and add information to the public to find out the child guardianship procedure. The method used in this research is empirical juridical legal method. The results showed that: (1) The procedure for implementing child guardianship at the Eugene Schmitz Orphanage applies its own rules which are simple, straightforward, do not require a lot of money and do not require a long time so that both the orphanage management, caregivers and children who enter know about the procedure and help parents in the administrative process. (2) The rights and obligations of the parties to the Orphanage arise as a result of the responsibility for their respective roles, although it has been well implemented, in fact there are problems that arise resulting in unbalanced rights and obligations. (3) The inhibiting factors experienced in the implementation of guardianship are ignorance of guardianship procedures, lack of entry requirements and children who enter without biological parents. The conclusions in this study are (1) The child guardianship procedure at the Eugene Schmitz Orphanage does not apply the rules in accordance with the Provisions of the Law. (2) The rights and obligations of the parties are balanced as a result of responsibility for their respective roles. (3) The inhibiting factors in the implementation of guardianship are ignorance of procedures, lack of files/documents and unclear identity of the child. The author's suggestion is the need for socialization from the government to orphanage administrators and the community regarding child guardianship procedures in accordance with the provisions of the Law.

Faturohman Faturohman; Muhamad Wahyu; Lili Koesneti Puji Astuti

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Marriage involves individual rights such as opinion, privacy non-discrimination. Early marriage is the practice of marriage involving one or both partners who are still young, where both are still under the legal age or generally recognized age of adulthood. Early marriage can be influenced by various factors, namely social, pressures. Family involvement, cultural norms, and gender inequality can also play an important role in the decision to marry early. Early marriage of minors creates legal problems, which involve violations of children's rights and also gender inequality. The age for marriage must be completely mature, which is 19 years for men and 16 years for women. If both of them are still young, or you could say like young onions, their marriage will always be filled with problems. Both of them still have the same high level of egoism, are still children and still only think for a few days. In Indonesia Regulates the second amendment to Law no. 1 of 1974 confirms that the minimum age limit is 19 years, and 16 years for women. A woman is someone who has reproductive organs which are related to the ability to give birth to children. Meanwhile, a man is someone who has reproductive organs that play a role in reproduction itself. In Indonesia, the case of early marriage is still a very serious and vulnerable issue. As reported by the KEMENKO PMK, it was stated that there were around 1.2 million cases of early marriage in Indonesia. The proportion of women aged 20-24 years who were married before the age of 18 was 11.21% of the total number of children. This means that around 1 in 9 women aged 20-24 years were married as children. Meanwhile, around 1 in 100 men aged 20-24 years were married as children. Due to the large number of cases regarding underage marriage, the government's role must be agile and fast in dealing with important cases like this. The government must play a role in preventing how to prevent cases of underage marriage from increasing every year.

Muhammad Cholid; Ati Kusmawati

Harmoni: Jurnal Ilmu Komunikasi dan Sosial 2024 International Forum of Researchers and Lecturers

This article discusses the role of social workers as counselors in situations of sexual abuse against minors. The discussion in this page is based on literature reviews from numerous reading sources, such as journals and books, which are used to elucidate beliefs concerning the function of social workers. This research method employs a qualitative descriptive approach, namely research that describes natural situations. This technique is intended to define the general role of social workers as counselors to victims of sexual assault against children. The surge in sexual assault against children highlights the significance of giving counseling to children who have been victims of sexual violence. Research findings reveal that social workers play an essential role in coping with challenges.

Kristianto Jansen Hengkengbala

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

The aim of this research is to explore how Law Number 11 of 2012 regulates the Juvenile Criminal Justice System and how juvenile criminal responsibility is regulated in the juvenile criminal justice system in Indonesia. By applying normative juridical research methods, it can be concluded as follows: 1. The Juvenile Criminal Justice System aims to achieve practical progress in efforts to optimally protect children, who are considered valuable assets for the future of the nation and state. Legal protection for children is defined as legal protection measures for various freedoms and human rights of children, as well as interests related to their welfare. 2. Criminal liability for minors who are involved in violating the law in accordance with the provisions regulated in the Criminal Code and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Children who are involved in criminal acts can still be held accountable, subject to criminal threats determined by the Criminal Code. The penalty for children is set at half the maximum penalty imposed on adults. It is important to note that life sentences and the death penalty are not applied to children in this context  

Latifah Isfuliah; Nasichah Nasichah; Kurnia Farhanah; Fivi Febrianti

Jurnal Bintang Pendidikan Indonesia 2023 Pusat Riset dan Inovasi Nasional

The purpose of this study is to find out how the role of family learning center counseling services (PUSPAGA) in preventing early childhood violence. This research was motivated by the high problem of cases of violence in early childhood in Indonesia. The rise of cases of violence against children shows the need for effective protection and prevention efforts. PUSPAGA acts as the frontline in providing information, education, and counseling to prevent violence in early childhood. This study used the Library Research method with a literature review approach. Data collection techniques carried out are by reading, analyzing, and evaluating the results of existing research. The results of this study show that the factors causing an act of violence in children are economic factors and broken homes or divorce that can occur due to early marriage that causes parents not to have a mature emotional state in parenting. In the prevention of early childhood violence, PUSPAGA (Family Learning Center) will hold role playing classes, counseling programs for children and families, and premarital assistance for minors.

Yulia Hesti; Rahmi Fitrinoviana Salsabila; Agnestika Agnestika

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Incestuous abuse is a very serious problem among society, especially among minors. In this research, the main aim was to prevent and understand the main causes of criminal acts of incestuous sexual harassment. So that we can examine in more depth the low level of public awareness and low level of education, the research was conducted using normative juridical methods. So, by socializing PPPA to the community, it can reduce the level of sexual harassment that occurs.

Moh. Sholehoddin; Rachmat Ihya

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Sexual violence involves forced sexual acts by an adult on a child or a child on another child. This study aims to identify the factors that influence children to commit such crimes, apply a restorative justice approach to child perpetrators of sexual violence, and analyze the court decision at the Pamekasan District Court in case Number: 8/Pid.Sus-Anak/2022 /Pn. Pmk. The method used is a normative juridical approach with a qualitative descriptive approach, as well as data collection through documents and literature studies. Data analysis was carried out following the theory through the stages of condensing data, presenting data, and drawing conclusions or verifying results (Miles et al., 2014). The results of the study show that the factors that influence children to become involved in this crime include the relationship between the perpetrator and the victim that is used by the perpetrator, as well as environmental influences such as isolation or activities without parental supervision. The restorative justice approach is used in dealing with cases of sexual violence against minors. Analysis of the judge's decision in case Number: 8/Pid.Sus-Anak/2022/Pn. Pmk shows the judge sentenced him to one year's prison sentence at Pamekasan Prison and job training at Upt. Contribution to Social Services on Jl. Ronggo Sukowati, Pamekasan Regency for three months.

Anya Forger

SOSIAL: Jurnal Ilmiah Pendidikan IPS 2023 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The percentage of crimes that occur in Indonesia is increasing day by day, especially regarding rape cases. This phenomenon is very much discussed in society, especially cases of rape against teenagers and even minors or children. The majority of these rape cases are young girls. Rape has the characteristic of unwanted coercive behavior and has a detrimental effect on the victim. Which is where the victim can be sure to be damaged in terms of the good things that the victim dreams of in the future. The incident of rape can also make the victim afraid and even traumatized by her own thoughts, for example the victim thinks she is no longer good. Not to mention that the victim has to face the social stigma and discrimination that causes the victim's mental state to be down.

Adib Aushaf; Diyan Yusri; Abdullah Sani

Journal of Creative Student Research 2023 Pusat Riset dan Inovasi Nasional

Sexual crimes against minors are increasingly prevalent and are even at an alarming stage, so that the Government deems it necessary to take a stand. This type of research is field research. Field research research. namely a research that is carried out systematically by raising existing data in the field. Methods of data collection by way of observation, interviews and documentation. The data obtained is then processed by reducing data, presenting data, and making conclusions. The results of the study show that chemical castration is a form of criminal punishment. This punishment is appropriate because Islamic law recognizes tadzir punishment. Current criminal law policies in efforts to protect children related to sexual crimes are contained in Law Number 17 of 2016 concerning ratification of Regulation in lieu of Law Number 1 of 2016 concerning the second amendment to Law Number 35 of 2014 concerning the first amendment to Law Number 23 of 2002 concerning Child Protection. Sexual crimes against children that occurred in North Binjai District, Binjai City are a form of crime that violates positive law. In the perspective of the Muslim community in North Binjai District, Binjai City stated that they agree to the application of chemical castration sanctions for perpetrators of sexual crimes against children.

Rahma Wati, Yunita; Kurniawan , Itok Dwi

Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan 2023 Prodi PPKn Universitas Slamet Riyadi

This study aims to: (1) Know the basis for the judge's consideration in granting the application for marriage dispensation in case No. 120/Pdt.P/2022/PA.Wng. (2) Know the legal consequences caused after the application for marriage dispensation. This research is normative legal research that is prescriptive, meaning research that does not begin with a hypothesis. The approach taken is a statutory approach and a case approach with the types and sources of primary and secondary legal materials. This technique of collecting legal materials uses literature study techniques with the method of analyzing syllogism law materials through deduction thinking. The results showed that the judge in granting the application for marriage dispensation with various considerations, namely benefit and expediency, the existence of urgent reasons, the suitability of the evidence submitted with the facts of the trial, and the absence of a marriage prohibition. The legal consequence that arises with the granting of a marriage dispensation is that the bride and groom can legally marry according to the law. After the marriage of minors, the child is considered an adult and capable of carrying out legal acts.