Penelitian ini bertujuan untuk mengetahui tentang bagaimana upaya yang dilakukan kepolisian dalam... more Penelitian ini bertujuan untuk mengetahui tentang bagaimana upaya yang dilakukan kepolisian dalam menanggulangi tindak pidana perjudian capjikia di wilayah Polresta Surakarta dan juga untuk mengetahui kendala yang dihadapi oleh kepolisian dalam menanggulangi tindak pidana perjudian capjikia di wilayah Polresta Surakarta dengan mengambil data dan mewawancarai pihak kepolisian khususnya pada unit Reskrim yang menangani tindak pidana umum termasuk tindak pidana perjudian capjikia. Hasil penelitian yang didapatkan penulis bahwa bentuk peranan kepolisian dalam menanggulangi tindak pidana perjudian dapay dilihat dari upaya yang dilakukan yaitu upaya pre-emtif, upaya preventif dan upaya represif. Kepolisian dalam upaya menanggulangi tindak pidana perjudian capjikia mendapat kendala antara lain kurangnya respon masyarakat terhadap sosialisasi dan kendala yang dihadapi kepolisian saat mencari informasi mengenai tindak pidana perjudian capjikia. Kata kunci: upaya dan kendala kepolisian dalam menanggulangi perjudian capjikia.
This study aims to find out about the policies and law enforcement of criminal trafficking in per... more This study aims to find out about the policies and law enforcement of criminal trafficking in persons in the jurisdiction of the Klaten Police Station. The research method using descriptive empirical jurisdiction. The data source consists of the primary data and secondary data, interview the legal data of primary, secondary and tertiary. Data were collected through the study of literature and field research (interviews), then the data is analyzed qualitatively. The results showed legal arrangements on the Crime of about Policy and Law Enforcement of Human Trafficking, including the Code of Penal (Penal Code) and Act No. 21 of 2007 on the Eradication of Trafficking in Persons. Protection, prevention, eradication, and handling criminal acts of human trafficking is not only the the roles of police or other Law Enforcers, but there must be cooperation between agencies or other community to handle the problem of trafficking.
Tujuan penelitian ini adalah untuk mendeskripsikan kedudukan istri dan anak dalam pernikahan di b... more Tujuan penelitian ini adalah untuk mendeskripsikan kedudukan istri dan anak dalam pernikahan di bawah tangan menurut UU No. 1 Tahun 1974 tentang Perkawinan. Penelitian ini termasuk jenis penelitian hukum yuridis empiris. Teknik analisis data menggunakan analisis kualitatif. Hasil penelitian menunjukkan bahwa: Pertama, Kedudukan istri dalam pernikahan di bawah tangan menurut UU No. 1 Tahun 1974 tentang Perkawinan adalah: tidak mempunyai bukti otentik sebagai isteri sah, tidak memiliki kekuatan hukum untuk menggugat suami, sulit untuk mendapatkan hak atas harta bersama, serta kedudukan istri secara sosial tidak baik; Kedua, kedudukan anak hasil pernikahan di bawah tangan Menurut UU No. 1 Tahun 1974 tentang Perkawinan setelah adanya Putusan MK No. 46/PUU-VIII/2010 maka anak hasil perkawinan yang tidak dicatatkan dapat menjadi anak sah dan memiliki hubungan perdata dengan ayahnya dan harus dibuktikan adanya akta nikah ataupun pengakuan dari ayah biologinya; Ketiga, solusi yang dapat diambil untuk memperkuat kedudukan istri dan anak hasil pernikahan di bawah tangan adalah dengan melakukan sidang Itsbat Nikah, perkawinan ulang (tajdid), memohon Penetapan Pengadilan untuk Pengesahan Anak, serta tidak melakukan perkawinan di bawah tangan. Kata kunci: pernikahan di bawah tangan, kedudukan istri dan anak ABSTRACT The purpose of this study was to describe the position of the wife and children of the marriage under the hand, according to Law No. 1 Year 1974 on Marriage. This research includes juridical empirical legal research is to discuss the implementation and examine the implementation of legal provisions in practice. Data were analyzed using qualitative analysis. The results showed that: First, the Status wife in marriage under the hand, according to Law No. 1 Year 1974 on Marriage is always the weaker party position because: do not have proof of authenticity as a wife legitimate, the wife does not have the legal power, difficult to get right to the treasures, and the position is not good socially wife; Secondly, the position of the child of a marriage under the hand According to Law No. 1 Year 1974 on Marriage after the MK Decision No. 46 / PUU-VIII / 2010, the child of a marriage that is not listed can be a legitimate child and have a civil relationship with his father; Third, the solution can be taken to strengthen the position of the wife and child of a marriage under the hand is Ithbat marriage, remarriage (tajdid), begging Court Decision on Approval of the Son, and does not do marriage under hand.
The United Nation Convention of the Right of People With Disabilities confirms that the disabled ... more The United Nation Convention of the Right of People With Disabilities confirms that the disabled have equal footing before the law and has the right to equal access of justice. The result showed that the position of companion and translator for disabled victims, assisting victims of rope on disabled people either inside or outside the juridical process, so that the process can run smoothly in finding evidence and gather information from the victim in the judicial process, required. Suitability the position of companion and translator of the victims with act no 13 year 2006 about protection to witnesses and victim jo. act no. 31 year 2014 amandement of act no 13 year 2006 about protection to witnesses and victims, that rope victims with disabilities obtain companion and translator.
The Purposes of this research are to determine the penal law policy in Act Number 44 of 2008 rega... more The Purposes of this research are to determine the penal law policy in Act Number 44 of 2008 regarding Pornography, the establishment of penal sanction of the Act Number 44 of 2008 regarding Pornography, and also the obstacles which is has experienced by the law enforcer to establish the penal sanction to criminal offender of pornography. The method used in this research is empirical juridical with descriptive study. The data source consists of primary data source, interviews and secondary data source, legal data primary, secondary and tertiary. Data collected from literature study and interviews then analyzed qualitatively. The results showed that Act Number 44 of 2008 regarding Pornography, contains flexible formulations regarding of criminal definition, it is very depends on perception, and it could inflict misinterpretations by the law enforcer in the field. The process of law enforcement regarding to pornography in Boyolali runs not very effective, the circulation of pornographies content are plenty in society, but from 2012 until 2016 only 1 (one) case which is handled by Polres Boyolali. Factors that obstructing the implementation of law enforcement of pornography penal law are Act factor, law enforcer factor, and society factor.
Purpose of this research to explain the law arrangement about child trafficking and their protect... more Purpose of this research to explain the law arrangement about child trafficking and their protections, to find out what mode of criminal acts, perpetrators used child trafficking, to fmd out what encourages the trafficking in persons and obstacles faced in efforts the prevention, and to discover and explain whatever capacity possible use to the handling of child trafficking criminal acts. This research is the juridical nature of empirical research. Based on Generated discussion can be concluded that the handling of cases of child trade, still using the guidelines or laws that exist or occur, namely the Book of Criminal Procedural Law Constitution, however is certainly also guided by Constitution No. 23 Year 2002 on Child Protection, who already have legal provisions remain, but sometimes often wear other arrangements when the Constitution Number 23 Year 2002 on Child Protection not exist.
Communication is the most important thing in everyday life. Paralegals need skills in communicati... more Communication is the most important thing in everyday life. Paralegals need skills in communication to optimize the services they provide. So, this activity aims to equip paralegals with good and correct communication techniques, which are a basic requirement, so that they can optimize their abilities. The method applied in this training activity was socialization, which was organized by the UMS Master of Law program in collaboration with PDNA Ngawi. Each paralegal in this training receives an explanation of the theory and practices communication techniques. This training has a positive impact on paralegals, who will be in charge of carrying out their main duties and functions in providing legal aid services to the wider community.
International journal of social science and human research, Feb 16, 2023
This study aims to analyze regulations related to the formulation of regulations on the applicati... more This study aims to analyze regulations related to the formulation of regulations on the application of criminal sanctions against elderly perpetrators, which at this time it is still possible to be sentenced to imprisonment which causes injustice to elderly people. So, it needs fair law enforcement. This study uses the constructivism paradigm, the type of research in the form of doctrinal law, and a juridical-normative approach. The data used in this study are secondary data obtained by conducting literature studies on various regulations and books, research results and various journals. The data obtained was then analyzed using a qualitative descriptive method. The results of this study are that criminal sanctions against elderly perpetrators (elderly) are still considered not fulfilling the principle of justice because the elderly factor as a judge's consideration in sentencing must look at Indonesia's positive legal arrangements, namely the Criminal Code. For now, the Criminal Code does not specifically regulate the factor of old age as a judge's consideration in sentencing. Thus, for criminal cases involving the defendant who is an elderly person, in applying positive law, the judge must look at the values and sense of justice that grow in society. The values here are related to social values that exist in society, namely, what is desired that influences social behavior and has a functional power in the development of life that has been going on for a long time in the habits of behavior in everyday life, while the sense of justice that grows in society reflects the form of the balance of social values in society in law. Weaknesses related to regulatory arrangements for the application of criminal sanctions against elderly offenders (elderly) at this time since the Criminal Code still adheres to a retributive system and the Restorative System has not yet been regulated. Justice in the Criminal Code Against Elderly Actors. Weaknesses in terms of legal structure due to factors Law Enforcement Officials tend to have a positivistic view of law and the rights of the elderly in the criminal system are still neglected. Weaknesses in terms of legal culture are due to the Psychological Consideration Factors of the Elderly and the Legal Awareness factor of the Elderly Community which is still lacking.
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum, 2020
This paper discusses early marriage due to Kaili's customary sanctions in the perspective of ... more This paper discusses early marriage due to Kaili's customary sanctions in the perspective of Islamic law (Case Study of Powelua Village, Banawa Tengah District, Donggala Regency). The problem to be examined in this research is how early marriage due to kaili customary sanctions in Powelua Village, Kec. Central Banawa District. Donggala and how is the perspective of Islamic law regarding early marriage due to kaili customary sanctions in Powelua Village, Kec. Central Banawa District. Donggala. The research method used in this research is a type of qualitative research, namely the type of research used to examine the conditions of natural objects. The results showed that, early marriage due to customary sanctions (adat ni soko ni po porongo or being arrested by marriage) in Poweluwa Village was already in effect before the spread of Islam in Central Sulawesi in particular, this customary sanction is an inviolable customary sanction starting from ancient times to the present. Marri...
The purpose of writing is to find out what the implementation of the fulfillment of the right to ... more The purpose of writing is to find out what the implementation of the fulfillment of the right to justice and protection in SD Muhammadiyah 1 ngawi is like. This research uses a case study approach with the type of empirical juridical legal research. The school is a place for the implementation of the right to education of Indonesian citizens. The right to education is a constitutional mandate, and schools are also part of fulfilling children's rights based on Law Number 39 of 1999 concerning Human Rights and Law Number 23 of 2002 concerning Child Protection. Even so, cases of violence in the educational environment still occur frequently and tarnish the image of the world of education. Discrimination, bullying, and lack of protection for students are the main causes. The application of the right to justice and protection in schools can work well if all parties concerned are aware of the importance of these rights, especially in elementary schools. The child-friendly School Program involves 12 ministries, institutions, and foundations related to child welfare. The aim is to fulfill, guarantee, and protect children's rights, develop their interests, talents, and abilities, and prepare them to become an emotionally and spiritually intelligent generation.
Academic Journal of Interdisciplinary Studies, Jul 5, 2023
According to Articles 38D and 38G of the Republic of Indonesia's 1945 Constitution, citizens have... more According to Articles 38D and 38G of the Republic of Indonesia's 1945 Constitution, citizens have the right to a sense of safety from the state, including the right to be protected from crimes. In Indonesia, there is an annually increasing rate of crime, many of them being crimes against wealth. Unfortunately, victims seldom receive attention, including recovery from losses or restitution. This was normative legal research conducted on secondary data, including primary legal materials, secondary legal materials, and other supporting legal materials. The data were collected through a literature review and were analyzed using the descriptivequalitative method. Results showed that the restitution rights of crime victims are regulated in Indonesia's legal regulations (the 1945 Constitution, the Law on the Protection of Witnesses and Victims, the Law on Human Rights, the Law on Corruption, etc.). But these regulations are still incomplete and they are difficult to implement in legal practice. In Indonesia, the implementation of crime victims' restitution rights has not been fulfilled. Many victims fail to obtain restitution from the perpetrators because they still lack knowledge of their restitution rights and the application procedures due to a lack of socialization from the law-enforcing apparatus and the government. Victims may file a civil case lawsuit to the District Court to fulfill their restitution rights. It can be done through a combined mechanism of a civil lawsuit in a criminal case or through a pure criminal court decision. In conclusion, Indonesian law has regulated victims' restitution rights. Even so, the laws are still incomplete and they lack harmony. The fulfillment of victims' restitution rights is not yet ideal and its procedures are too complicated.
International Journal of Social Science and Human Research
The criminal responsibility system for the crime of prostitution in Indonesia is partial and disc... more The criminal responsibility system for the crime of prostitution in Indonesia is partial and discriminatory. There is no guarantee of legal certainty and a legal vacuum for Commercial Sex Workers and their service users. This study aims to analyze and find the criminal responsibility system for prostitution according to positive criminal law in Indonesia and the weaknesses of the criminal responsibility system for prostitution based on the value of Pancasila justice. The paradigm in this research is post-positivism, which aims to produce new thoughts, understandings or ideas and theories in Indonesia's material criminal law system. The method of normative juridical approach, with secondary data sources obtained through literature studies both on primary, secondary and tertiary legal materials, the data were then analyzed by qualitative descriptive methods. The study results show that the construction of positive criminal law in the Indonesian Criminal Code and the Electronic Inf...
Penelitian ini bertujuan untuk mengetahui tentang bagaimana upaya yang dilakukan kepolisian dalam... more Penelitian ini bertujuan untuk mengetahui tentang bagaimana upaya yang dilakukan kepolisian dalam menanggulangi tindak pidana perjudian capjikia di wilayah Polresta Surakarta dan juga untuk mengetahui kendala yang dihadapi oleh kepolisian dalam menanggulangi tindak pidana perjudian capjikia di wilayah Polresta Surakarta dengan mengambil data dan mewawancarai pihak kepolisian khususnya pada unit Reskrim yang menangani tindak pidana umum termasuk tindak pidana perjudian capjikia. Hasil penelitian yang didapatkan penulis bahwa bentuk peranan kepolisian dalam menanggulangi tindak pidana perjudian dapay dilihat dari upaya yang dilakukan yaitu upaya pre-emtif, upaya preventif dan upaya represif. Kepolisian dalam upaya menanggulangi tindak pidana perjudian capjikia mendapat kendala antara lain kurangnya respon masyarakat terhadap sosialisasi dan kendala yang dihadapi kepolisian saat mencari informasi mengenai tindak pidana perjudian capjikia. Kata kunci: upaya dan kendala kepolisian dalam menanggulangi perjudian capjikia.
This study aims to find out about the policies and law enforcement of criminal trafficking in per... more This study aims to find out about the policies and law enforcement of criminal trafficking in persons in the jurisdiction of the Klaten Police Station. The research method using descriptive empirical jurisdiction. The data source consists of the primary data and secondary data, interview the legal data of primary, secondary and tertiary. Data were collected through the study of literature and field research (interviews), then the data is analyzed qualitatively. The results showed legal arrangements on the Crime of about Policy and Law Enforcement of Human Trafficking, including the Code of Penal (Penal Code) and Act No. 21 of 2007 on the Eradication of Trafficking in Persons. Protection, prevention, eradication, and handling criminal acts of human trafficking is not only the the roles of police or other Law Enforcers, but there must be cooperation between agencies or other community to handle the problem of trafficking.
Tujuan penelitian ini adalah untuk mendeskripsikan kedudukan istri dan anak dalam pernikahan di b... more Tujuan penelitian ini adalah untuk mendeskripsikan kedudukan istri dan anak dalam pernikahan di bawah tangan menurut UU No. 1 Tahun 1974 tentang Perkawinan. Penelitian ini termasuk jenis penelitian hukum yuridis empiris. Teknik analisis data menggunakan analisis kualitatif. Hasil penelitian menunjukkan bahwa: Pertama, Kedudukan istri dalam pernikahan di bawah tangan menurut UU No. 1 Tahun 1974 tentang Perkawinan adalah: tidak mempunyai bukti otentik sebagai isteri sah, tidak memiliki kekuatan hukum untuk menggugat suami, sulit untuk mendapatkan hak atas harta bersama, serta kedudukan istri secara sosial tidak baik; Kedua, kedudukan anak hasil pernikahan di bawah tangan Menurut UU No. 1 Tahun 1974 tentang Perkawinan setelah adanya Putusan MK No. 46/PUU-VIII/2010 maka anak hasil perkawinan yang tidak dicatatkan dapat menjadi anak sah dan memiliki hubungan perdata dengan ayahnya dan harus dibuktikan adanya akta nikah ataupun pengakuan dari ayah biologinya; Ketiga, solusi yang dapat diambil untuk memperkuat kedudukan istri dan anak hasil pernikahan di bawah tangan adalah dengan melakukan sidang Itsbat Nikah, perkawinan ulang (tajdid), memohon Penetapan Pengadilan untuk Pengesahan Anak, serta tidak melakukan perkawinan di bawah tangan. Kata kunci: pernikahan di bawah tangan, kedudukan istri dan anak ABSTRACT The purpose of this study was to describe the position of the wife and children of the marriage under the hand, according to Law No. 1 Year 1974 on Marriage. This research includes juridical empirical legal research is to discuss the implementation and examine the implementation of legal provisions in practice. Data were analyzed using qualitative analysis. The results showed that: First, the Status wife in marriage under the hand, according to Law No. 1 Year 1974 on Marriage is always the weaker party position because: do not have proof of authenticity as a wife legitimate, the wife does not have the legal power, difficult to get right to the treasures, and the position is not good socially wife; Secondly, the position of the child of a marriage under the hand According to Law No. 1 Year 1974 on Marriage after the MK Decision No. 46 / PUU-VIII / 2010, the child of a marriage that is not listed can be a legitimate child and have a civil relationship with his father; Third, the solution can be taken to strengthen the position of the wife and child of a marriage under the hand is Ithbat marriage, remarriage (tajdid), begging Court Decision on Approval of the Son, and does not do marriage under hand.
The United Nation Convention of the Right of People With Disabilities confirms that the disabled ... more The United Nation Convention of the Right of People With Disabilities confirms that the disabled have equal footing before the law and has the right to equal access of justice. The result showed that the position of companion and translator for disabled victims, assisting victims of rope on disabled people either inside or outside the juridical process, so that the process can run smoothly in finding evidence and gather information from the victim in the judicial process, required. Suitability the position of companion and translator of the victims with act no 13 year 2006 about protection to witnesses and victim jo. act no. 31 year 2014 amandement of act no 13 year 2006 about protection to witnesses and victims, that rope victims with disabilities obtain companion and translator.
The Purposes of this research are to determine the penal law policy in Act Number 44 of 2008 rega... more The Purposes of this research are to determine the penal law policy in Act Number 44 of 2008 regarding Pornography, the establishment of penal sanction of the Act Number 44 of 2008 regarding Pornography, and also the obstacles which is has experienced by the law enforcer to establish the penal sanction to criminal offender of pornography. The method used in this research is empirical juridical with descriptive study. The data source consists of primary data source, interviews and secondary data source, legal data primary, secondary and tertiary. Data collected from literature study and interviews then analyzed qualitatively. The results showed that Act Number 44 of 2008 regarding Pornography, contains flexible formulations regarding of criminal definition, it is very depends on perception, and it could inflict misinterpretations by the law enforcer in the field. The process of law enforcement regarding to pornography in Boyolali runs not very effective, the circulation of pornographies content are plenty in society, but from 2012 until 2016 only 1 (one) case which is handled by Polres Boyolali. Factors that obstructing the implementation of law enforcement of pornography penal law are Act factor, law enforcer factor, and society factor.
Purpose of this research to explain the law arrangement about child trafficking and their protect... more Purpose of this research to explain the law arrangement about child trafficking and their protections, to find out what mode of criminal acts, perpetrators used child trafficking, to fmd out what encourages the trafficking in persons and obstacles faced in efforts the prevention, and to discover and explain whatever capacity possible use to the handling of child trafficking criminal acts. This research is the juridical nature of empirical research. Based on Generated discussion can be concluded that the handling of cases of child trade, still using the guidelines or laws that exist or occur, namely the Book of Criminal Procedural Law Constitution, however is certainly also guided by Constitution No. 23 Year 2002 on Child Protection, who already have legal provisions remain, but sometimes often wear other arrangements when the Constitution Number 23 Year 2002 on Child Protection not exist.
Communication is the most important thing in everyday life. Paralegals need skills in communicati... more Communication is the most important thing in everyday life. Paralegals need skills in communication to optimize the services they provide. So, this activity aims to equip paralegals with good and correct communication techniques, which are a basic requirement, so that they can optimize their abilities. The method applied in this training activity was socialization, which was organized by the UMS Master of Law program in collaboration with PDNA Ngawi. Each paralegal in this training receives an explanation of the theory and practices communication techniques. This training has a positive impact on paralegals, who will be in charge of carrying out their main duties and functions in providing legal aid services to the wider community.
International journal of social science and human research, Feb 16, 2023
This study aims to analyze regulations related to the formulation of regulations on the applicati... more This study aims to analyze regulations related to the formulation of regulations on the application of criminal sanctions against elderly perpetrators, which at this time it is still possible to be sentenced to imprisonment which causes injustice to elderly people. So, it needs fair law enforcement. This study uses the constructivism paradigm, the type of research in the form of doctrinal law, and a juridical-normative approach. The data used in this study are secondary data obtained by conducting literature studies on various regulations and books, research results and various journals. The data obtained was then analyzed using a qualitative descriptive method. The results of this study are that criminal sanctions against elderly perpetrators (elderly) are still considered not fulfilling the principle of justice because the elderly factor as a judge's consideration in sentencing must look at Indonesia's positive legal arrangements, namely the Criminal Code. For now, the Criminal Code does not specifically regulate the factor of old age as a judge's consideration in sentencing. Thus, for criminal cases involving the defendant who is an elderly person, in applying positive law, the judge must look at the values and sense of justice that grow in society. The values here are related to social values that exist in society, namely, what is desired that influences social behavior and has a functional power in the development of life that has been going on for a long time in the habits of behavior in everyday life, while the sense of justice that grows in society reflects the form of the balance of social values in society in law. Weaknesses related to regulatory arrangements for the application of criminal sanctions against elderly offenders (elderly) at this time since the Criminal Code still adheres to a retributive system and the Restorative System has not yet been regulated. Justice in the Criminal Code Against Elderly Actors. Weaknesses in terms of legal structure due to factors Law Enforcement Officials tend to have a positivistic view of law and the rights of the elderly in the criminal system are still neglected. Weaknesses in terms of legal culture are due to the Psychological Consideration Factors of the Elderly and the Legal Awareness factor of the Elderly Community which is still lacking.
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum, 2020
This paper discusses early marriage due to Kaili's customary sanctions in the perspective of ... more This paper discusses early marriage due to Kaili's customary sanctions in the perspective of Islamic law (Case Study of Powelua Village, Banawa Tengah District, Donggala Regency). The problem to be examined in this research is how early marriage due to kaili customary sanctions in Powelua Village, Kec. Central Banawa District. Donggala and how is the perspective of Islamic law regarding early marriage due to kaili customary sanctions in Powelua Village, Kec. Central Banawa District. Donggala. The research method used in this research is a type of qualitative research, namely the type of research used to examine the conditions of natural objects. The results showed that, early marriage due to customary sanctions (adat ni soko ni po porongo or being arrested by marriage) in Poweluwa Village was already in effect before the spread of Islam in Central Sulawesi in particular, this customary sanction is an inviolable customary sanction starting from ancient times to the present. Marri...
The purpose of writing is to find out what the implementation of the fulfillment of the right to ... more The purpose of writing is to find out what the implementation of the fulfillment of the right to justice and protection in SD Muhammadiyah 1 ngawi is like. This research uses a case study approach with the type of empirical juridical legal research. The school is a place for the implementation of the right to education of Indonesian citizens. The right to education is a constitutional mandate, and schools are also part of fulfilling children's rights based on Law Number 39 of 1999 concerning Human Rights and Law Number 23 of 2002 concerning Child Protection. Even so, cases of violence in the educational environment still occur frequently and tarnish the image of the world of education. Discrimination, bullying, and lack of protection for students are the main causes. The application of the right to justice and protection in schools can work well if all parties concerned are aware of the importance of these rights, especially in elementary schools. The child-friendly School Program involves 12 ministries, institutions, and foundations related to child welfare. The aim is to fulfill, guarantee, and protect children's rights, develop their interests, talents, and abilities, and prepare them to become an emotionally and spiritually intelligent generation.
Academic Journal of Interdisciplinary Studies, Jul 5, 2023
According to Articles 38D and 38G of the Republic of Indonesia's 1945 Constitution, citizens have... more According to Articles 38D and 38G of the Republic of Indonesia's 1945 Constitution, citizens have the right to a sense of safety from the state, including the right to be protected from crimes. In Indonesia, there is an annually increasing rate of crime, many of them being crimes against wealth. Unfortunately, victims seldom receive attention, including recovery from losses or restitution. This was normative legal research conducted on secondary data, including primary legal materials, secondary legal materials, and other supporting legal materials. The data were collected through a literature review and were analyzed using the descriptivequalitative method. Results showed that the restitution rights of crime victims are regulated in Indonesia's legal regulations (the 1945 Constitution, the Law on the Protection of Witnesses and Victims, the Law on Human Rights, the Law on Corruption, etc.). But these regulations are still incomplete and they are difficult to implement in legal practice. In Indonesia, the implementation of crime victims' restitution rights has not been fulfilled. Many victims fail to obtain restitution from the perpetrators because they still lack knowledge of their restitution rights and the application procedures due to a lack of socialization from the law-enforcing apparatus and the government. Victims may file a civil case lawsuit to the District Court to fulfill their restitution rights. It can be done through a combined mechanism of a civil lawsuit in a criminal case or through a pure criminal court decision. In conclusion, Indonesian law has regulated victims' restitution rights. Even so, the laws are still incomplete and they lack harmony. The fulfillment of victims' restitution rights is not yet ideal and its procedures are too complicated.
International Journal of Social Science and Human Research
The criminal responsibility system for the crime of prostitution in Indonesia is partial and disc... more The criminal responsibility system for the crime of prostitution in Indonesia is partial and discriminatory. There is no guarantee of legal certainty and a legal vacuum for Commercial Sex Workers and their service users. This study aims to analyze and find the criminal responsibility system for prostitution according to positive criminal law in Indonesia and the weaknesses of the criminal responsibility system for prostitution based on the value of Pancasila justice. The paradigm in this research is post-positivism, which aims to produce new thoughts, understandings or ideas and theories in Indonesia's material criminal law system. The method of normative juridical approach, with secondary data sources obtained through literature studies both on primary, secondary and tertiary legal materials, the data were then analyzed by qualitative descriptive methods. The study results show that the construction of positive criminal law in the Indonesian Criminal Code and the Electronic Inf...
Uploads
Papers by Muchamad Iksan