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The Legal Analysis of Age Limitations of Child Victims on Criminal Actions in Justice Perspective 刑事诉讼中儿童被害人年龄限制的司法分析
Q2 Social Sciences Pub Date : 2022-08-17 DOI: 10.30659/ldj.4.3.416-422
Sri Tatmala Wahanani, I. Maerani, Siti Ummu Adillah
The purpose of this study was to determine and analyze the impact of changes in the age limit of child victims, provisions for the age limit of child victims in Islamic law and age limits for victims of crimes of decency with justice. The approach method in this study uses a doctrinal research method (juridical normative) and a legal psychological approach method, with a descriptive analytical research specification. In collecting data used literature study method with qualitative data analysis. From the results of the study, it was concluded that the change in the age limit of child victims in positive law in Indonesia in 2002 from 15 (fifteen) to 18 (eighteen) years had an impact on increasing the number of cases of decency crimes. Even criminal acts of decency are dominated on the basis of reports from the parents of the victim's child who do not approve of the courtship (consensual) relationship between the victim's child and the perpetrator of the crime of decency. This has implications for the conscience of justice for law enforcement officers to demand or make decisions against the perpetrators, there is a sense of injustice, there is a sense of inadequacy when they have to demand or impose punishment, because actually the crime was also desired by the victim. So for the sake of realizing justice, the age of the child victim of 18 (eighteen) years needs to be reconsidered for revision or change.
这项研究的目的是确定和分析儿童受害者年龄限制、伊斯兰法中关于儿童受害者年龄限制的规定和正义体面罪行受害者年龄限制的变化所产生的影响。本研究的研究方法采用理论研究方法(司法规范)和法律心理学研究方法,并采用描述性分析研究规范。在收集资料时采用文献研究法结合定性数据分析。根据研究结果,得出的结论是,2002年印度尼西亚实在法中儿童受害者的年龄限制从15岁(15岁)改为18岁(18岁),这对增加体面犯罪案件的数量产生了影响。即使是体面的犯罪行为也以受害者孩子的父母的报告为基础,他们不赞成受害者的孩子和体面犯罪的肇事者之间的求爱(双方同意)关系。这对正义的良心有影响,执法人员要求或作出对犯罪者的决定,当他们要求或施加惩罚时,有一种不公正感,有一种不足感,因为实际上犯罪也是受害者所希望的。因此,为了实现正义,需要重新考虑18(十八)岁的受害儿童年龄进行修改或更改。
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引用次数: 0
The Settlement of Criminal Actions of Traffic Accidents with Child Performers 儿童表演者交通事故刑事诉讼的处理
Q2 Social Sciences Pub Date : 2022-08-17 DOI: 10.30659/ldj.4.3.423-430
Yheni Dwi Sukmawati, Bambang Tri Bawono, Achmad Sulchan
The objectives of this research are: To study and analyze the application of criminal sanctions against children who commit traffic violations.The approach method used in this study is a normative juridical approachand and the specifications in this study include: analytical descriptive. The sources and types of data in this study are secondary data obtained from literature studies. Based on the results of the study that the application of criminal sanctions against children who commit traffic violations must consider all matters concerning the child, such as the child's condition, family circumstances, environmental conditions, as well as reports from local community institutions. And for sanctions can be subject to criminal sanctions and action sanctions. The application itself must be distinguished from the application of sanctions against adults. Criminal sanctions to be imposed on children must be based on truth, justice, and the welfare of the child. The imposition of a crime or action is an action that must be accountable and beneficial to the child. The judge must consider the condition of the child, the condition of the house, the state of the environment as well as the report from the community advisor.
本研究的目的是:研究和分析刑事制裁对交通违法儿童的适用。本研究采用的研究方法是一种规范性的法律研究方法,研究规范包括:分析性描述。本研究的数据来源和类型均为二手资料,来源于文献研究。根据研究结果,对违反交通规则的儿童实施刑事制裁必须考虑到与儿童有关的所有事项,例如儿童的状况、家庭情况、环境条件以及当地社区机构的报告。而对于制裁可分为刑事制裁和行动制裁。制裁本身必须与对成年人的制裁区别开来。对儿童施加的刑事制裁必须以真理、正义和儿童的福利为基础。实施一项罪行或行动是一项必须对儿童负责和有益的行动。法官必须考虑孩子的状况、房子的状况、环境状况以及社区顾问的报告。
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引用次数: 0
The Investigation of Prostitution Service Providers through Social Media Information and Electronic Transactions 社会媒体信息与电子交易对卖淫服务提供者的调查
Q2 Social Sciences Pub Date : 2022-08-17 DOI: 10.30659/ldj.4.3.396-402
H. Hermawan, Widayati Widayati, Peni Rinda Listyawati
The purpose of this research is to study and obstacles analysis and solutions in the process of investigating prostitution service providers through information media and electronic transactions. The specification of this research is the normative juridical method. The results of this study indicate that the investigation process carried out by the Cirebon City Resort Police in tackling the crime of online prostitution, investigators carried out several internal stages, including through the investigation process by disguise and trapping the perpetrators. And the obstacles experienced by the Cirebon City Police in the investigation process include collecting sufficient evidence and determining suspects. This is because there are no special rules regarding the investigation of online prostitution, so that investigators conduct undercover investigations as stipulated in the National Police Chief Regulation Number 6 of 2019 concerning Criminal Investigations, then the diversity of laws governing online prostitution, perpetrators falsify real identity, and unprofessional human resources in dealing with cases related to cybercrime. And the solution is the government should implementing truly the Act No. 11 of 2008 concerning Information and Electronic Transactions jo Act No. 19 of 2016 concerning Amendments to Act No. 11 of 2008 concerning Information and Electronic Transactions, Act No. 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons, and Act No. 23 of 2002 concerning Child Protection.
本研究旨在探讨透过资讯媒体与电子交易调查卖淫服务提供者过程中的障碍分析与解决方法。本研究的具体内容是规范的法律方法。本研究结果表明,锡雷本市旅游度假区警方在打击网络卖淫犯罪的调查过程中,调查人员进行了几个内部阶段,包括通过伪装和诱捕犯罪者的调查过程。西里本市警察在调查过程中遇到的障碍包括收集足够的证据和确定嫌疑人。这是因为,目前没有专门的网络卖淫调查规定,根据《刑事调查相关国家警察厅长条例(2019年第6号)》的规定,调查人员只能进行秘密调查,再加上网络卖淫相关法律的多样性、罪犯伪造真实身份、处理网络犯罪相关案件的人力资源不专业等原因。解决办法是政府应该真正执行2008年关于信息和电子交易的第11号法、2016年关于修改2008年关于信息和电子交易的第11号法的第19号法、2007年关于根除贩卖人口罪的第21号法、2002年关于保护儿童的第23号法。
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引用次数: 0
The Law Enforcement against Criminal Acts of Violence by Children 打击儿童暴力犯罪行为的执法
Q2 Social Sciences Pub Date : 2022-08-17 DOI: 10.30659/ldj.4.3.431-438
M. Zubaidi, S. Kusriyah, Peni Rinda Listyawati
The purpose of this study is to determine and analyze law enforcement against perpetrators of criminal acts of violence by children. To find out and analyze legal protection for perpetrators of criminal acts of violence by children. To find out and analyze the barriers to law enforcement against perpetrators of criminal acts of violence by children and efforts to overcome them. The method used by the researcher is a sociological juridical approach to law and the specifications in this study are descriptive. As for the sources and types of secondary data obtained from the literature study. Data analyzed qualitatively. Based on the results of the study that the law enforcement against perpetrators of criminal acts of violence by children have been carried out optimally. Law enforcement against suspects who have committed crimes of child abuse, where the perpetrators have been detained by Police Investigators since the report of abuse was given by the victim to the investigator, and for further investigation the perpetrators are detained by investigators. Legal Protection for Perpetrators of Criminal Acts of Violence by Children is being able to be responsible by serving sentences in accordance with applicable regulations, which in this case are articles 351, 353, 354 and 355 of the Criminal Code. The provisions contained in the article above are articles aimed at anyone who commits a violent crime, more specifically, which results in the death of a person. Obstacle: Victim died, Minor Actors, Suspect Easily to Escape. Efforts to overcome it are dby imposing criminal sanctions. The application of crime to criminals is expected to provide prevention to other people and the general public from committing crimes.
本研究的目的是确定和分析针对儿童暴力犯罪行为肇事者的执法情况。找出并分析儿童暴力犯罪行为实施者的法律保护。找出和分析针对儿童暴力犯罪行为肇事者的执法障碍以及为克服这些障碍所做的努力。研究者使用的方法是一种社会学的法律方法,在这项研究中的规范是描述性的。至于从文献研究中获得的二手数据的来源和类型。数据进行定性分析。根据这项研究的结果,对儿童暴力犯罪行为的肇事者的执法工作得到了最佳的执行。对犯有虐待儿童罪行的嫌疑人的执法,由于受害者向调查人员报告了虐待行为,肇事者已被警察调查人员拘留,为了进一步调查,肇事者将被调查人员拘留。对儿童暴力犯罪行为肇事者的法律保护是能够根据适用的条例,即《刑法》第351、353、354和355条服刑,从而承担责任。上述条款所载条款针对的是任何实施暴力犯罪的人,更具体地说,是造成人员死亡的人。障碍:受害人死亡,次要演员,嫌疑人容易逃跑。克服这一问题的努力是实施刑事制裁。犯罪适用于犯罪分子是为了防止其他人和公众犯罪。
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引用次数: 0
The implementing the Role of the Police in Preventing Gambling Crimes 论警察在预防赌博犯罪中的作用
Q2 Social Sciences Pub Date : 2022-08-16 DOI: 10.30659/ldj.4.3.389-395
Beny Fajar Sanjaya, Amin Purnawan, Aryani Witasari
The objectives to be achieved in this study are to find out the factors causing the rampant gambling in the Kudus region, to determine the implementation of the role of the Kudus Resort Police in preventing gambling crimes and to find out what obstacles and solutions are in implementing the role of the Kudus Resort Police in preventing gambling crimes? The research method used in this study is a juridical-sociological approach. The data analysis method used in this study is qualitative analysis, which is a way of analyzing research results that produces analytical descriptive data. The conclusions in this study are the factors that cause the rampant gambling in the Kudus area: They, especially the small and poor people, feel uncertain about the future, and are not sure that with reasonable business results they can get balanced results They feel they do not get protection and The role of the Police in Combating Gambling in Kudus is extraordinary, so that the Kudus Polres can be said as one of the Polres that consistently eradicates Gambling indiscriminately. Kudus Police and Efforts: Obstacles originating from the community/outside the police. Obstacles that come from within the police.
本研究的目标是找出导致库德斯地区赌博猖獗的因素,确定库德斯度假村警察在预防赌博犯罪中的作用的实施,并找出在实施库德斯度假村警察在预防赌博犯罪中的作用的障碍和解决方案。本研究采用的研究方法是司法社会学方法。本研究使用的数据分析方法是定性分析,即对研究结果进行分析,产生分析性描述性数据的方法。本研究的结论的因素导致捻角羚地区猖獗的赌博:他们,特别是小型和穷人,对未来感到不确定,不确定,合理的商业结果他们可以得到平衡的结果他们觉得自己得不到保护和警方在打击赌博捻角羚的角色很特别,所以捻角羚Polres可以表示为一个Polres始终超越了赌博不加选择地。库德斯警察和努力:来自社区/警察以外的障碍。来自警察内部的障碍。
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引用次数: 0
The Implementation of Restorative Justice Approach through Restorative Justice Handling in Criminal Acts of Fraud & Embedding 通过恢复性司法处理在诈骗犯罪行为中的实施与嵌入
Q2 Social Sciences Pub Date : 2022-08-16 DOI: 10.30659/ldj.4.3.381-388
Risqi Akbar, S. Kusriyah, Achmad Sulchan
The objectives of this study are as follows: To find out and analyze the application of case settlement through a restorative justice approach in handling fraud and embezzlement crimes. The method used by the researcher is juridical sociological approach. The specifications in this study are descriptive. The sources and types of data in this study are secondary data obtained from library studies. Data analyzed qualitatively. Based on the results of the study that the application of case resolution through a restorative justice approach in handling the crime of fraud and embezzlement is carried out through a mechanism of several stages so that the action is truly an effort to enforce the law by prioritizing the principle of restorative justice. The application of this principle is a breakthrough in law enforcement, so that it can speed up the settlement of cases, the costs incurred are relatively cheaper and indirectly have an impact on improving the performance of investigators.
本研究的目的在于:找出并分析以恢复性司法方式解决案件在处理诈骗、贪污犯罪案件中的应用。研究者使用的方法是法律社会学方法。本研究的规格是描述性的。本研究的数据来源和类型均为图书馆研究的二手数据。数据进行定性分析。根据研究结果,通过恢复性司法方法解决案件在处理欺诈和贪污罪行方面的应用是通过几个阶段的机制进行的,因此该行动真正是通过优先考虑恢复性司法原则来执行法律的努力。这一原则的适用是执法上的一个突破,这样可以加快案件的结案速度,所产生的费用也相对便宜,并间接对提高侦查人员的工作表现产生影响。
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引用次数: 0
The Efforts to Implement Diversion to Realize Restorative Justice for Children in Conflict with the Law in the Juvenile Criminal Justice System 少年刑事司法制度中实施分流,实现违法儿童恢复性司法的努力
Q2 Social Sciences Pub Date : 2022-08-16 DOI: 10.30659/ldj.4.3.373-380
H. Wahyudi, Umar Ma’ruf, R. S. Sugiharto
One form of legal protection for children is to realize the fulfillment of the rights and obligations of the child itself. Especially for children in conflict with the law, their problem solving process requires special attention. This study aims to analyze the application of diversion in restorative justice for children who are in conflict with the law in the juvenile criminal justice system. The type of research conducted is descriptive research with the type of normative legal research related to the application of diversion in restorative justice in the criminal justice system. The results showed that the application of diversion in restorative justice in the system of applying diversion to children in conflict with the law in the juvenile justice system, is the implementation of a system in restorative justice to provide justice and legal protection to children in conflict with the law without ignoring the child's criminal responsibility. Diversion is not a peaceful effort between children in conflict with the law and the victim or his family, but a form of punishment for children in conflict with the law in an informal way. The recommendation in this study is that law enforcement officers in carrying out their duties of investigating, prosecuting, examining and determining case decisions at court trials should prioritize the application of diversion as an alternative to the application of imprisonment. Massive socialization of diversion is needed to the community.
法律保护儿童的一种形式是实现儿童本身的权利和义务的实现。特别是对触犯法律的儿童,他们解决问题的过程需要特别关注。本研究旨在分析少年刑事司法制度中,分流在对违法儿童恢复性司法中的应用。所进行的研究类型是描述性研究,具有规范性法律研究的类型,涉及恢复性司法在刑事司法系统中的应用。结果表明,在少年司法制度中对违法儿童适用分流制度的恢复性司法适用,是在不忽视儿童刑事责任的前提下,在恢复性司法中对违法儿童提供正义和法律保护的一种制度的实施。转移注意力不是违反法律的儿童与受害者或其家庭之间的和平努力,而是以非正式方式对违反法律的儿童的一种惩罚形式。本研究报告的建议是,执法人员在履行其调查、起诉、审查和在法庭审判中决定案件判决的职责时,应优先考虑适用转移,作为适用监禁的替代办法。社区需要大规模的分流社会化。
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引用次数: 0
The Reality of the Criminal Justice System in Independence of Law Enforcement Based on Pancasila Law System 从潘卡西拉法系看刑事司法制度执法独立的现实
Q2 Social Sciences Pub Date : 2022-08-16 DOI: 10.30659/ldj.4.3.364-372
Lindu Aji Saputro, Siti Rodhiyah Dwi Istinah, Siti Ummu Adillah
The purpose of this research is to find out how is the Independence of the Criminal Justice System by the law enforcement sub-system and how is the Reconstruction of the Independence of the Criminal Justice System. This research approach uses normative juridical. Based on the research, it is concluded that the independence of the National Police mainly lies in the implementation of "police discretion", which unfortunately has not been adequately accommodated in the provisions of the applicable laws and regulations. This resulted in the face of the Police solely as an organization whose main task is to protect and serve the community. Meanwhile, the performance of the National Police as an effective, efficient, fast and measurable crime eradication organization has not been accommodated in the existing police regulations.
本文的研究目的在于了解刑事司法系统的独立性是如何通过执法子系统来实现的,以及刑事司法系统的独立性是如何重构的。本研究方法采用规范的法学。根据研究,得出的结论是,国家警察的独立性主要在于执行“警察自由裁量权”,不幸的是,适用法律和条例的规定没有充分考虑到这一点。这导致警察只被视为一个主要任务是保护和服务社会的组织。与此同时,国家警察作为一个有效、高效、快速和可衡量的消灭犯罪组织的表现没有列入现有的警察条例。
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引用次数: 0
The Law Enforcement Policy On Traffic Accident By Police 警察对交通事故的执法政策
Q2 Social Sciences Pub Date : 2022-08-16 DOI: 10.30659/ldj.4.3.347-354
Cahyo Dwi Prakosa, Umar Ma’ruf, Achmad Sulchan
The purpose of this research is to find out and analyze the law enforcement against traffic accidents by the police in the jurisdiction of the Batang Resort Police. To know and analyze the factors that hinder the settlement of traffic accident casesin the jurisdiction of the Batang Resort Police. To know and analyze the law enforcement policies by the police to handle traffic accidents in the jurisdiction of the Batang Resort Police. This study uses a sociological juridical approach, with a descriptive analytical research specification. The data used in this study are secondary data obtained from literature study. The data were analyzed in a qualitative juridical manner. The results of this study are Law Enforcement Against Traffic Accidents by the Police is law enforcement can be done penal and non-penal. Law enforcement efforts through the penal route focus more on the repressive nature (oppression/eradication/suppression) after the crime has occurred, while the non-penal route focuses more on the preventive nature (enforcement/deterrence/control) before the crime occurs. Basically law enforcement is the implementation of criminal policy (criminal policy) by using criminal policies carried out through the mechanism of the criminal justice system (criminal justice system).The factors that hinder the settlement of traffic accident cases are: Summoning or Presenting a Witness and Factors Lack of Legal Knowledge. Policies for Law Enforcement by the Police for Handling Traffic Accidents are by conducting blue patrols at violator-prone hours on the road, conducting cross patrols, socialization (security, safety, traffic order to road users), and installing banners at traffic accident-prone points.
本研究的目的是了解和分析巴塘景区警察辖区内警察对交通事故的执法情况。了解并分析阻碍巴塘景区警方辖区内交通事故案件侦破的因素。了解和分析巴塘度假区警察辖区内处理交通事故的执法政策。本研究采用社会学的法律方法,并辅以描述性分析研究规范。本研究使用的数据是通过文献研究获得的二手数据。对这些数据进行了定性的司法分析。本研究的结果是:警察对交通事故的执法可以分为刑事执法和非刑事执法。通过刑罚途径的执法工作更多地侧重于犯罪发生后的镇压性质(压迫/根除/镇压),而非刑罚途径更多地侧重于犯罪发生前的预防性质(强制/威慑/控制)。基本上,执法是通过刑事司法制度(criminal justice system)的机制,利用刑事政策来执行刑事政策(criminal policy)。阻碍交通事故案件侦破的因素主要有:传唤证人和缺乏法律知识的因素。警察处理交通事故的执法政策是:在道路上容易发生违规者的时间进行蓝色巡逻、进行交叉巡逻、社会化(保安、安全、对道路使用者的交通秩序)、在交通事故多发地点设置横幅。
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引用次数: 0
The Legal Protection of Victims on Criminal Acts of Agreement in Criminal Jurisdiction Process 刑事管辖过程中协议犯罪行为被害人的法律保护
Q2 Social Sciences Pub Date : 2022-08-16 DOI: 10.30659/ldj.4.3.355-363
Novitasari Novitasari, Sri Endah Wanyuningsih, Aryani Witasari
The purpose of this study is to examine and analyze the legal protection of victims of sexual intercourse in the criminal justice process against residents who experience mild mental retardation. The approach method used is empirical juridical lemphasizes obtaining legal knowledge empirically by going directly to the object with the theory of intentionality and will towards the problem under study. The results of the study that the application of legal protection for victims of the crime of sexual intercourse in the criminal justice process for victims of crime, especially victims of mild mental retardation/intellectual disability, to get protection in the form of granting victims' rights. The existence of compensation in the form of compensation, restitution and rehabilitation provided by the perpetrator to the victim considering the impact caused by the perpetrator's actions, physical, social, and psychological impacts. Although the defendant was sentenced to imprisonment for 7 (seven) years and 6 (six) months. The sentence handed down to the perpetrator is not commensurate with the suffering experienced by the victim.
本研究的目的在于检视与分析在刑事司法程序中,性行为受害人对轻度智障居民的法律保护。所采用的研究方法是经验法学,强调以意向性理论和意志直接接触对象,以经验的方式获取法律知识。研究结果表明,在刑事司法程序中适用对性犯罪被害人的法律保护,对犯罪被害人,特别是轻度智力迟钝/智力残疾被害人,以授予被害人权利的形式得到保护。考虑到行为人的行为所造成的身体、社会和心理影响,行为人向受害人提供的补偿、恢复和康复形式的补偿是否存在。虽然被告被判处有期徒刑七年零六个月。对犯罪者的判决与受害者所遭受的痛苦不相称。
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引用次数: 0
期刊
Law Environment and Development Journal
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