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I Putu Gede Arimbawa; I Nyoman Suarna; Wihelmus Jemarut; I Gusti Ayu Aditi; I Gusti Agung Andriani +1 more

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

Children who have committed legal violations are inmates at the Class II Special Child Development Institution in Lombok Tengah. During the child rehabilitation process at LPKA Lombok Tengah, some children continue to violate the rules, making the conditions unfavorable. The purpose of this research is to ensure the legal basis for the imposition of sanctions and the enforcement of disciplinary sanctions, as well as the obstacles faced by LPKA Lombok Tengah. The method used in this writing is normative-empirical with a case, legislative, and sociological approach. The results of this study are as follows: First, the legal basis for imposing disciplinary punishment is outlined in the Decree of the Minister of Law and Human Rights Number M.HH-03.OT.02.02 of 2014 concerning guidelines for the treatment of children in LPKA. Second, the light disciplinary sanctions include verbal reprimands, moderate sanctions such as apologies and agreements between the staff and the inmates, and heavy disciplinary sanctions such as cleaning the bathroom and restricting visitation activities. The obstacles encountered include the factor of the inmates being difficult to discipline, the condition of the inmates being unwell when sanctions are to be imposed, and the factor of facilities and infrastructure.

Moh. Eka Valen Arman; Yusrianto Kadir; Roy Marthen Moonti; Muslim A. Kasim

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

This study aims to juridically analyse the use of testimonial witness testimony de auditu in cases of sexual abuse of minors with a case study of case number 26/Pid. Sus/2024/PN Lbo. In the context of criminal law, testimonial witness testimony de auditu refers to a statement submitted by a witness regarding what he heard from another party, which cannot be used as direct valid evidence, but can provide relevant clues. This research examines the admissibility and influence of such testimony on evidence in cases of child sexual abuse, as well as its relevance in the Indonesian criminal justice system. The method used is Empirical approach by analysing legal practices, as well as related court decisions. The results showed that de auditu testimony has limitations in terms of evidentiary power, its use in cases of child sexual abuse, de auditu witness testimony should be accepted, but must be supplemented with additional evidence such as medical examinations, digital evidence, or witnesses who can confirm the event. Judges should prioritise the principles of caution, objectivity and fairness in evaluating such testimony, to ensure that the decision made is not only fair to the victim but also to the defendant.

Hendricus Andrianto; Setiyowati Setiyowati; Aniek Tyaswati Wiji Lestari

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

This research examined the rationale behind guardianship stipulations for minors and aspects of inheritance law in Indonesia, particularly concerning the inheritance of shares to children. Through an analysis of the Semarang District Court Decree Number 542/PDT.P/2023/PN.SMG, which stipulates that the petitioner, as the biological father of his children, must still obtain a legally valid and legitimate guardianship stipulation from the court. This study used a normative juridical method with a descriptive-analytical approach, aimed at understanding the legal considerations of judges in determining guardianship and its juridical implications on children's rights. The research findings indicate that court-determined guardianship is a crucial step in providing legal certainty and protecting children's rights in shared inheritance. The juridical implications of such stipulations include legitimizing the guardian's actions, oversight against abuse of power, protection of the child's assets, and management of shareholder rights in companies. This study concludes that court-determined guardianship is a critical instrument in ensuring legal protection for minors in the context of shared inheritance.

Benaya Jizhar Olyvery Kapitan; Yosef Mario Monteiro; Ivan Ndun

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

Exploitation according to Law Number 35 of 2014 concerning Child Protection is divided into physical, social, sexual and economic exploitation. With the existence of children who work, this is a violation of the right to child protection and child growth and development, which should be at that age the child is still in school and gets a proper education. The phenomenon of underage labor almost occurs in all regions of Indonesia. One of the children's problems that must receive special attention is the issue of child labor. This issue has become global because so many children around the world are already working at school age. In fact, the issue of child labor is not just an issue of children carrying out work with wages, but it is very closely related to exploitation, dangerous work, inhibition of access to education and hindering the physical, psychological and social development of children, even in certain cases and forms of child labor have entered as the qualification of children who work in the most intolerable situations (the intolerable form of child labor). This research is an empirical research that uses primary data and secondary data collected using interview, observation and literature study techniques. The informants in this study are 10 people. The data processing techniques in this study use several techniques, namely editing, coding, tabulation and verification after which the data will be analyzed using qualitative descriptive techniques. The results of this study show that (1) the Kupang City Women's Empowerment and Child Protection Office needs to increase socialization, supervision, and cooperation with the community to effectively prevent and protect minors from exploitation. (2) Budget factors, apparatus resources, and socialization of child protection to the community are factors that hinder the implementation of the functions of the Kupang City Women's Empowerment and Child Protection Office in providing prevention, protection, coaching and empowerment of children.

Rika Andriyanti; Sumriyah Sumriyah

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Legal protection for victims of sexual abuse of minors is very important to guarantee children's rights and provide justice for them. Sexual abuse of children is an act of violence that can have serious impacts on the psychological, social, and physical development of children. Therefore, the state, through various legal policies, plays a role in protecting children from the threat of sexual abuse. In Indonesia, various regulations have been set to provide protection, such as the Child Protection Law, which regulates children's rights to protection from sexual violence. In addition, clear legal mechanisms and psychological assistance processes are also very necessary to ensure the recovery of victims after the incident. The importance of a child-friendly justice system is also highlighted in legal protection efforts, considering that victims often feel intimidated and marginalized in the legal process. A court process that is sensitive to the psychological condition of children will help reduce further trauma for victims. Legal protection also includes imposing strict sanctions on perpetrators to provide a deterrent effect, as well as educating the public about the importance of protecting children from sexual abuse. The government and related institutions must work together to strengthen this protection system.  

Erva Yunita; Handar Subhandi Bakhtiar

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

The author in writing raised the case on Decision Number: 9/Pid.Sus.A/2019/PN.Bkl, where the defendant Ropik Bin Sukkur was found guilty of committing the crime of theft of a blue and white Beat motorcycle for his actions, the defendant was sentenced to 3 (three) years. three) months and did not get a diversion attempt. For this reason, the author will examine how the criminal imposition of criminal acts of theft of article 363 of the Criminal Code committed by minors in terms of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and how the judge's considerations in imposing a crime against the perpetrators of the crime of theft of article 363 of the Criminal Code in terms of the perspective of restorative justice, the research method used in this author is the normative juridical method of library law research carried out by researching library materials or secondary data, sentencing refers to the theory of relative punishment where the purpose of sentencing is as a means of improvement for the accused. itself, while the judge's considerations refer to two aspects, namely juridical and non-juridical aspects, juridical aspects refer to Article 362 of the Criminal Code and noin juridical refers to mitigating and aggravating matters.

Ayu Winda Amelia

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The system that aims to protect the rights and welfare of children including the protection of minors. Children under age are often exposed to various types of violence, exploitation and discrimination. Therefore, various rules and regulations have been made to provide comprehensive protection. Law number 35 of 2014 concerning amendments to Law number 23 of 2002 concerning child protection regulates child protection in Indonesia. This law shows how important it is to protect children's rights, including the right to live, develop and be protected from violence. In addition, to deal with the problems faced by children, prevention and rehabilitation efforts are also very important. The game violates the law on child protection requires cooperation between the government, society, and non-governmental organizations. It is hoped that children can grow and develop in a safe and secure environment with strict supervision and law enforcement.

Wulan Harumning; Bisdan Sigalingging

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Brawls between students have become a phenomenon that occurs quite often in various regions of Indonesia. Brawls usually occur due to high rivalry between students from two or more schools. This rivalry often boils down to mutual attacks or physical clashes. One of the main causes of high rivalry between schools is the existence of school egos and student gangs. Student gangs in each school usually also want to show their existence and strength by making trouble. This is a form of introducing teenagers that involves students which is increasingly occurring. The research method used in this study is an empirical method that is descriptive, explaining and describing completely the situation that occurs in the community by conducting research directly in the field and analyzing the existence of behavior that deviates from the norms that are not implemented in the environment. The source of research data is in the form of primary legal materials and secondary legal materials. Data collection methods and interview techniques. Factors that affect the cause of violence between students in the city of Pematang Siantar carried out by students usually occur due to disputes between schools and other schools, lack of affection from home (parents) or from the surrounding environment, and even from the influence of friends.  Another factor is the influence of social media, because this social media can be very influential and accelerate the dissemination of information and even mobilize groups. Regarding the sanctions that can be imposed on minors who commit criminal acts are in accordance with what is regulated in Law Number 12 of 2012 concerning the Juvenile Criminal Justice System, the first effort made by the Pematang Siantar Police is to seek dissolution first, Then if the child commits a minor or serious crime, the police will seek deliberation by involving the perpetrator and his parents/guardians, victims and/or parents/guardians. In this process, the police will offer diversion or peaceful efforts so that the case does not reach the court.

Anak Agung Istri Adhi Pramesti; Diah Ratna Sari Hariyanto

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The aim of writing this journal is for readers to see more about the perspective of criminaI law in dealing with the specifics of same-sex relationships in Indonesia. The research was carried out using normative legal methods so that it is necessary to criminalize or expand criminal regulations for deviant acts committed by the LGBT community in reforming criminal law. The study results show that same-sex relationships are considered to violate norms in Indonesian society. Many people are uncomfortable with the presence of LGBT in their environment, which makes people question how the law in Indonesia handles cases of same-sex relationships. Meanwhile, same-sex relations carried out by LGBT people are not yet regulated as a criminal offense according to Indonesian criminal law, the regulation is still very limited because it only regulates same-sex sexual relations committed by adults with minors.      

Revaldy Nugraha; I Made Kanthika; Markoni Markoni; Helvis Helvis

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Crimes of theft in the family committed by children require special handling by the police, not all cases involving children are resolved through the courts. This is in the best interests of the child and also considers justice for the victim, which is called a restorative justice approach. This research aims to analyze the form of resolution of criminal acts committed by minors in the East Belitung Police area. The results of the research are that the resolution of children's cases that applies restorative justice is guided by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the 2012 Political Regulations concerning Restorative Justice, namely the resolution of children's cases outside the criminal court which emphasizes restoring the situation. initially with an emphasis on conditions for creating justice and balance for children and their victims. The conclusion is that the form of resolving criminal acts of theft committed by the East Belitung Police is by implementing restorative justice. Restorative justice carried out by the East Belitung Police aims to accommodate the norms and values ​​that apply in society while providing legal certainty, especially the benefits and a sense of justice that meets the needs of the community. a sense of justice for all parties, which is a manifestation of the National Police's authority in carrying out duties in the field of criminal proceedings and police discretion based on Articles 16 and 18 of Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia.

M. Candra Gunawan Sitorus; Parameshwara Parameshwara; Bachtiar Simatupang; Erniyanti Erniyanti; Soerya Respationo

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The handling of the crime of sexual intercourse and molestation of minors is a crucial issue that requires serious attention from various parties. The background of this study is the high rate of sexual violence against minors in the Barelang Police area and the need to evaluate the implementation of victim protection in this context. The purpose of this study is to analyze the implications of victim protection in handling the crime of sexual intercourse and molestation of minors in the Barelang Police, as well as to identify obstacles and efforts made to improve this protection. The research method used is normative juridical through library research using secondary data, and also uses an empirical juridical approach through field research using primary data collected through interviews with law enforcement officials, psychologists, victims, and victims' families. Secondary data was obtained from official documents of the Barelang Police, case reports, and related literature. Data analysis was carried out using qualitative descriptive methods to provide a comprehensive picture of the condition of victim protection and its implications. The results of the study show that although there are serious efforts by the Barelang Police in providing protection to victims, there are several significant obstacles that reduce the effectiveness of these protections. The main obstacles include a lack of adequate psychological assistance, lengthy and convoluted legal processes, a lack of public awareness, and ineffective coordination between related institutions. The implications of these barriers include prolonged psychological suffering for victims, a decline in public trust in the justice system, and a lack of justice for victims. Suggestions given to overcome these obstacles include: capacity building and training of law enforcement officials, education and awareness campaigns in the community, and strengthening victim protection systems and facilities by the government. It is hoped that with the implementation of these suggestions, victim protection can be improved, so that justice and welfare for children victims of sexual violence can be realized more optimally.

Christhopher Theodore Nathanael; Darwis Anatami; Ramon Nofrial; Soerya Respationo; Erniyanti Erniyanti

International Journal of Social Science and Humanity 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Children are a mandate and a gift from God Almighty who has inherent dignity and worth as a whole human being and at the same time is the heir and shaper of the nation's future. The research method used is the Normative Juridical method with an Empirical Sociological approach. By using Primary and Secondary Data through interviews and observations. A part from that, the author uses secondary data through the library. As an analytical tool the author uses Grand Theory (Law enforcement theory) Middle Theory (Legal System Theory) and Applied Theory (Relative theory) This study aims to find out the legal arrangements for the crime of theft by minors to realize Legal certainty, to find out the implementation of law enforcement for the crime of theft by minors to realize Legal certainty and to find out the obstacles/obstacles and solutions in law enforcement of theft by minors to realize legal certainty. Legal Arrangements for the Crime of Theft by Children to Achieve Legal Certainty, Research Studies at Tanjung Pinang Resort Police are in accordance with the prevailing laws and regulations. Implementation of Law Enforcement for the Crime of Theft by Children To Realize Legal Certainty, Research Studies at the Tanjungpinang Resort Police have been going well but in fact, children are still found in the field who commit the Crime of Theft every year, it has increased, especially in the Tanjung Pinang, Archipelago, this is seen from the level of law enforcement factors against children who are in conflict with the law in Tanjung Pinang, for this reason, the performance of the TanjungPinang Police is needed to prevent the crime of theft committed by children

Winda Mustika; Rizqi Arindya Putri; Syahrizal Nur Iqbal

Journal of Civil Criminal Law 2024 International Forum of Researchers and Lecturers

Marriage involves individual rights such as opinion, privacy and 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, economic, cultural and educational 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 a number of 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 ego, are still children and still only think for a few days. In Indonesia, Law no. 1 of 1974 concerning early marriage, namely the minimum age for marriage. Law no. 16 of 2019, regulates the second amendment to Law no. 1 of 1974 confirms that the minimum age limit is 19 years for men, 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. Where, 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.    

Ari Kosasih; Rafli Hamzan Aryaputra; Diva Faradhilla Ayu Amelia; Wahyu Fadhilla Akbar; Renalda Risdiyanti Putri

Jurnal Pengabdian dan Perubahan Sosial 2024 Lembaga Pengembangan Kinerja Dosen

The problem of drug abuse and victims of sexual violence is something that has occurred in society from the past until now. Cases like this must be handled quickly because it is a case that causes a lot of victims who cannot be said to be in small numbers in the community. Actually in this case there is no target age desired by the perpetrator to carry out his actions in committing one of these criminal acts. As what is meant in this case is that there are still many children who are still minors who are the future generation of the nation in the future even become victims of drug abuse and sexual violence. Therefore, we should increase efforts to reduce or even stop cases like this. The community must also be careful of people they don't know to be aware of themselves so that they become victims of drugs and victims of sexual violence.      

Nispa Octapiani; Meilisya Salsabila; Muhammad Fajar Hidayat

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Child sexual abuse is a very complex and sensitive issue in society. The rapid development of society and the increase in crime have an impact on interactions that often violate the law, creating a sense of security, peace and order in society. The crime of sexual abuse of minors is committed by adults and children themselves, and is an important problem to be discussed. The purpose of this study is 1. to find out the efforts made by law enforcers in overcoming sexual abuse of minors 2. to find out how the application of sanctions against perpetrators of criminal acts of sexual abuse of minors. This research uses normative juridical methods, namely legal research conducted on legal norms contained in laws and regulations relating to the criminal offense of child abuse and the provisions of the law. The results of research and discussion show that law enforcement efforts in overcoming child abuse include several steps, namely: conducting investigations and investigations, prosecution of perpetrators, analyzing and considering in deciding cases, conducting supervision and monitoring to correctional institutions and focusing on victim protection with strict law enforcement. The application of criminal sanctions against perpetrators of child abuse through several stages, namely the process of investigation and investigation of investigation and prosecution.    

Yasmirah Mandasari Saragih; Rahul Ardian Fikri; Nabilah Syaharani

The International Conference on Education, Social Sciences and Technology 2024 International Forum of Researchers and Lecturers

Violent theft is indeed a crime that makes society restless. People dare to do it because of weak economic factors and always expect wealth that takes the property of others. The phenomenon that has occurred in society lately is that many perpetrators of violent theft are minors. This study aims to determine, examine and analyze 1. The Criminal Act of Violent Theft in Positive Law, 2. The Purpose of the Juvenile Criminal Justice System Based on Several Paradigms (Individual Guidance, Restorative Paradigm, and Distributive), According to the Beijing Rules, and the Children's Convention. The approach method used in this study is normative juridical. The specification of this study is descriptive analytical, the data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the research results, it can be concluded: 1. The crime of aggravated theft or theft with violence regulated in Article 365 is also a theft with qualifications or is a theft with aggravating elements. Thus, what is regulated in this article is actually only one crime, and not two crimes consisting of the crime of 'theft' and the crime of 'using violence against people'. 2. The juvenile justice system will prioritize the welfare of children and will ensure that any reaction to juvenile lawbreakers will always be commensurate with the circumstances of both the lawbreakers and the lawbreakers.

Fahmi Arif Zakaria; Darajatun Indra Kusuma Wijaya; Anindya Bidasari; Ririen Indria Dian Ambarsari; Christian Ade Wijaya

jurnal ABDIMAS Indonesia 2024 STIKes Ibnu Sina Ajibarang

Marriage is a sacred contract between a man and a woman as husband and wife, which aims to build a Sakina family. Marrying into a Sakina family requires not only physical and psychological preparation, but also social, financial, emotional and responsible preparation. Therefore, limiting the age of marriage is an important principle. This is because the Marriage Law and Civil Code clearly regulate and define the age limit for marriage in such a way that all prospective husband and wife must be truly mature physically and mentally. However, underage marriage still occurs in Bantul Village, which has an impact on family welfare. Based on the explanation above, the author formulates the problem as follows: (1) What are the factors causing underage marriage in Bantul, Malang Regency?; (2) What is the impact of underage marriage on household welfare? By using a qualitative descriptive approach to describe some of the data obtained from the field through interviews, observation, or documentation as data collection methods. Furthermore, it proceeds to the process of data reduction, data presentation, and conclusion drawing by using data analysis techniques. In addition, the analysis process is also supported by literature review as a reference to refine the data obtained from practice. Such a process allows us to draw conclusions as answers to the two questions above. From the research findings, it can be concluded that the factors causing underage marriage in Bantul village are economic factors, education, parents, customs, and pregnancy outside marriage.

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.