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George Frederik Yulio Jano; Rafael Rape Tupen; Hernimus Ratu Udju

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

Drinking and uncommendable behavior are two intertwined things. Recently, an event that has disturbed the community has become more frequent. Some sexual crimes against children occur after the perpetrator drinks alcohol, where people will be encouraged to commit heinous acts, when their intellect has been influenced by alcohol. The Sikka Regency Government together with the Sikka Regency Regional People's Representative Council made Sikka Regency Regional Regulation Number 11 of 2012 concerning the Supervision and Control of Alcoholic Beverages, as a preventive effort to overcome social problems in the community, namely, the high number of traffic accidents, Domestic Violence (KDRT) and vandalism triggered by alcoholic beverages. This research is an empirical juridical law research. This study is descriptive and analyzes primary data to find out the Implementation of Sikka Regency Regional Regulation Number 11 of 2012 concerning Supervision and Control of Alcoholic Beverages. Data collection uses observation, documentation and interview techniques. The results of the study show that: (1) The implementation of Sikka Regency Regional Regulation Number 11 of 2012 concerning Supervision and Control of Alcoholic Beverages needs to be followed up because there are still obstacles faced (2) The impact of the Implementation of Sikka Regency Regional Regulation Number 11 of 2012 concerning Supervision and Control of Alcoholic Beverages, one of which is a decrease in revenue.

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.  

Nur Balqis; Rahul Ardian Fikri; Fitria Ramadhani

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

In Constitution Number 23 Year 2004 about Deletion Violence In House ladder in explain that violence in House ladder is every action to somebody especially Woman , Which result the emergence misery or suffering in a way physique , sexual , psychological , and/ or neglect House ladder including threat For do act , coercion , or robbery independence in a way oppose law in scope House stairs . This study aiming For do analysis law to protection law towards victims of crime violence in House ladder . This study focus on the framework law related victim protection in context marriage . The research method used is method normative law meaning study This use approach legal that is a the attempted approach with observe and pay attention existence applicable law and analysis​ various regulation legislation and decisions relevant courts​ with him . The results of the study show that although Already There is regulation For protecting victims of violence in House stairs , its application Still face Lots constraint .  A number of aspect important from analysis This concerning effectiveness laws that protect women and children , as well as role enforcement law in handle case violence in House stairs . With background behind said , research This emphasizes expansion and refinement​ regulations , improvements awareness community , and participation active apparatus enforcer law For ensure greater victim protection effective . In short , protection law against victims of violence in House ladder need effort together between government , law enforcement law and society For create a safe and supportive environment for all victims of crime violence in House ladder .

Sigit Kamseno; Agam Sakti Hidayat

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study discusses the comparison of criminal law related to sexual violence in Indonesia and Singapore, focusing on the legal framework, definition and types of sexual violence, law enforcement process, and sanctions and punishments. In Indonesia, criminal law on sexual violence is regulated through Law No. 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS) and the Criminal Code (KUHP), which covers various forms of sexual violence. Singapore uses the Penal Code and the Women's Charter as the legal basis, with additional protection for children through the Children and Young Persons Act (CYPA). This study found that Indonesia has a broader and more comprehensive definition of sexual violence than Singapore, which tends to be more specific. The law enforcement process in both countries involves reporting, investigation by the police, and the courts, but Singapore has a special unit that handles sexual crimes with a more focused focus. Sanctions and punishments in Singapore tend to be heavier, including caning, while in Indonesia, punishments vary depending on the type of sexual violence. The research method applied in this study is the normative legal method, which focuses on the analysis of laws and regulations, legal documents, and legal concepts relevant to a legal problem. The approach used is a conceptual approach, which prioritizes analysis from a problem-solving perspective. This approach involves understanding the legal concepts that underlie or form the background of the problem, as well as considering the values ​​contained in the normative of a regulation related to these concepts.

Wida Nur Hanita; Aris Prio Agus Santoso; Kresna Agung Yudhianto

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

Article 54 of Law No. 35/2014 on Child Protection, an amendment to Law No. 23/2002, states that children in the educational environment must be protected from physical and psychological violence, sexual crimes, and other crimes that may be committed by educators, education personnel, fellow students, or other parties. However, despite this regulation, cases of bullying in schools still occur frequently. This study aims to evaluate the application of Article 54 of Law No. 35 of 2014 concerning Child Protection and legal protection efforts for children who are victims of bullying with a legal certainty approach. The research method used is descriptive with qualitative data analysis. The results showed that Article 54 has been well implemented by the Surakarta City Office of Women's Empowerment and Child Protection and Population Control and Family Planning. They conduct socialization in schools and communities as a preventive measure and assist the mediation process for case resolution as a repressive measure. In addition, for the legal protection of child victims of bullying with a legal certainty approach, the Office also integrates bullying prevention and handling programs, facilitates and fosters education units, and provides educational facilities.

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.

Defika Yulita Nirmalasari

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Sexual violence against children is a crucial issue in Indonesia, with the number of cases continuing to increase. This research evaluates the effectiveness of legal protection based on Law no. 35 of 2014 and Law no. 23 of 2004. Data for 2024 shows an increase in cases of child sexual violence by 15% from the previous year, with a total of 4,500 cases. The main obstacles in implementing legal protection include a lack of special training for law enforcers, limited budgets, weak inter-agency coordination, and social stigma that inhibits reporting. Comprehensive psychosocial support, such as therapy and rehabilitation, has proven crucial for victims' recovery. Suggestions for improving legal protection include increasing training, better budget allocation, improving institutional coordination, reducing social stigma, and strengthening the role of communities and non-governmental organizations. With these steps, it is hoped that legal protections can be strengthened, ensuring children grow up in a safe and supportive environment.

Kresna Bayu

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

The violence that occurs in Indonesia never stops and even becomes more frequent as time goes by. In general, those who become victims of violence are helpless people such as women and children. On the other hand, with the increasing use of social media, a new form of sexual exploitation is developing known as online child sexual exploitation. This phenomenon shows that the handling of cases of sexual disclosure in Indonesia still does not focus on the needs of victims, which are very important for psychological and physical recovery for victims of sexual understanding. For this reason, the aim of this research is to understand the role of local government in dealing with criminal acts of sexual violence. The type of research that will be used in writing this thesis is the empirical method. This method will examine law with the concept of real behavior as a social phenomenon experienced by everyone in social life. So, for the reasons above, this research aims to find out the role of local government in dealing with violent crime.

Sieldy Aprilia Utami; Y.A Triana Ohoiwutun; Ainul Azizah

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Based on the development of theoretical discourse and reform of criminal law in various countries, there is a strong tendency for law enforcers to apply solutions outside the judicial process as a way to resolve problems in the field of criminal law. In general, settlements outside the judicial process are carried out in civil cases. Meanwhile, in the field of criminal law, settlement outside the judicial process is applied to the resolution of cases of children who are in conflict with the law which violates the rules of criminal law which refer to the Child Protection Justice System Law.The crime of sexual violence committed by children is one of the crimes where the case is resolved through a settlement outside the judicial process. In practice, law enforcement officials use different regulations based on each level in the examination process, both at the investigation, prosecution and court examination levels. The differences in written regulations that are used as a legal basis by the Police, Public Prosecutors, or Judges in implementing settlement policies outside the judicial process based on a restorative justice approach through diversion efforts which have implications for legal uncertainty require efforts to reformulate current legal regulations through criminal law policies.

Yoseph Ruma Toli; Reny Rebeka Masu; A. Resopjiani

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

This research analyzes the role of the Kupang Class II Correctional Center (BAPAS) in guiding and developing children in conflict with the law. Using an empirical legal method, the study relies on primary and secondary data. The issue of juvenile delinquency in Indonesia is escalating, with 1,885 cases reported in 2018 and 1,098 in 2020. Notably, children are involved in physical violence (58 cases), sexual violence (44 cases), and theft (22 cases). This highlights the urgent need for institutions like BAPAS to support, develop, and supervise these children. The research addresses two main questions: (1) What is the role of BAPAS in guiding and mentoring children in conflict with the law? and (2) What challenges does BAPAS face in the juvenile justice system? The findings reveal that BAPAS's role is divided into three stages: (a) pre-adjudication guidance and development, (b) support during the trial process (adjudication), and (c) assistance post-trial. BAPAS encounters challenges primarily related to the families of the children, as well as difficulties faced by community guidance officers in providing effective assistance. It is crucial for BAPAS to develop persuasive communication skills to engage families and encourage active participation in the rehabilitation process. This includes involvement in training and understanding the community's role in supporting children in conflict with the law.  

Shirena Putri Brilianty; Abraham Ferry Rosando

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

According to the state, all constructs of crime, especially domestic crime, are included with human rights violations, crimes against human dignity and discriminatory practices. Domestic crime, usually abbreviated as domestic violence, is a phenomenon that often occurs in or around the family. The majority of domestic violence is experienced by women or children because there are many aspects of life that are less or even unfair to them, thus providing opportunities for crimes against them. Physical abuse or violence, exploitation, neglect, and sexual abuse by spouses, children, or household staff are just some of the many forms of domestic crimes that can occur. In real life, there are many documented and unusual instances of domestic abuse. The purpose of this research is to determine and assess the impact of withdrawing a domestic violence report on the legal standing of the perpetrator. To examine the ambiguous standards surrounding the revocation of domestic crime reports, this research was written using normative legal research techniques with a statutory approach. The research findings show that, in accordance with Article 44 of Law Number 23 Year 2004 on the Elimination of Domestic Violence, husbands who commit violence against their spouses can be subject to sanctions. Domestic crimes are included in the relative complaint offense but are only covered in Articles 51 and 52, which basically do not make it painful or difficult for someone to carry out daily activities or hold a job or other position. Shortly after the perpetrator was named as a suspect in this domestic violence case, the victim withdrew the domestic violence report. As a result, the revocation of this report has legal consequences with the issuance of a Letter of Termination of Investigation in accordance with Article 75 of the Criminal Code.  

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.

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.      

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.

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.

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.

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.

Putry Alviani Reihan; Mohamad Rusdiyanto U Puluhulawa; Jufryanto Puluhulawa

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

Cases of sexual violence against children, especially those with mental disorders, are a serious problem that requires attention in law enforcement and child protection in Indonesia. In this context, the lack of regulations that specifically regulate the protection of children with mental disorders creates obstacles in handling cases and protecting victims. The problem raised in this research is: how is the law enforced for criminal acts of sexual violence committed against children with mental disorders and what efforts are made by investigators in this case to fulfill the rights of victims. This research is directed towards empirical legal research and the approach used in this research uses a statutory approach and a case approach. This research was carried out at Gorontalo Police. The results of the research and discussion explain that the law enforcement process for criminal acts of sexual violence against children who also experience mental disorders involves a series of steps that take into account the special conditions of the victims. Namely, the fulfillment of the victim's rights as a child with mental disorders, including: during the investigation and inquiry process the victim continues to be accompanied by P2TP2A, Social Services, psychologists and psychologists. This proves that the child is being looked after so that there is no trauma after the incident. In Indonesia there are no regulations that explicitly regulate this matter so investigators still use Article 81 paragraph 1 in conjunction with Article 76 e or Article 82 paragraph 1 in conjunction with Article 76 e of Republic of Indonesia Law No. 17 of 2016 concerning the Determination of Government Regulations in Lieu of Republic of Indonesia Law No. 1 of 2016 Regarding the 2nd Amendment to Republic of Indonesia Law No. 23 of 2002 concerning Child Protection into Law in conjunction with Article 64 paragraph 1 to 1 of the Criminal Code. With the general stages of the law enforcement process, namely, Reporting, Investigation, Examination of Victims, Collection of Evidence, Determination of Suspects, fingerprinting process, and then it is handed over to the prosecutor's office for the court process.

Hira Imandari; Qoniah Nur Wijayani

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

At this time, one of the electronic mass media that’s still loved by the majority people in the world is television, when other mass media such as radio and newspapers are starting to be abandoned and losing their popularity amidst the crazy impact of globalization and modernization, television is still showing it’s existence, through the variety shows by various national broadcasting institutions. In this case, children and teenagers occupy the top rank as the largest number of television viewers in Indonesia. Children and teenagers are a group of people who have a fairly fast learning ability, they can easily follow and learn what they see, hear and through what they experience, so in this case it can be concluded that television is an electronic audio visuals media make a significant contribution to children's learning and growth. But, what if the majority of television shows are not child-friendly, such as the many scenes of pornography, sexuality, physical and mental violence that are still freely shown, not in accordance with the age rating and standard broadcast hours set by the KPI? This research uses a qualitative research method with an approach using a literature review method, which means this research is guided by research journals and several books that have similar discussions, to find out the role of broadcasting law in protecting children against violent and pornographic content on television.