Pub Date : 2021-08-11DOI: 10.30659/ldj.3.3.467-474
Askohar Askohar, Siti Rodhiyah Dwi Istinah
This study aims to analyze more deeply related to child protection in the current investigation process. The type of approach in this research is sociological juridical. Based on the analysis of the existing data, it was found that the child protection in the investigation process in Central Java has not been able to run effectively, Most of the children or adolescents in Central Java who are in conflict with the law are decided by the judge to enter the juvenile prison. In addition, the lengthy legal process against children in conflict with the law results in the child being depressed and can make the child's psychology more shaken. This will obviously result in the growth and development of the child's soul and also the future of the child. Restorative justice is present as another effort to enforce the law by not injuring children's rights, restorative justice is carried out by diversion. Restorative justice in handling children in conflict with the law can be pursued in law enforcement through diversion efforts. Implementation of diversion in the case of children for children with a criminal sanction of 1 year.
{"title":"Legal Protection of Children in the Investigation Process by Investigators Based on Restorative Justice","authors":"Askohar Askohar, Siti Rodhiyah Dwi Istinah","doi":"10.30659/ldj.3.3.467-474","DOIUrl":"https://doi.org/10.30659/ldj.3.3.467-474","url":null,"abstract":"This study aims to analyze more deeply related to child protection in the current investigation process. The type of approach in this research is sociological juridical. Based on the analysis of the existing data, it was found that the child protection in the investigation process in Central Java has not been able to run effectively, Most of the children or adolescents in Central Java who are in conflict with the law are decided by the judge to enter the juvenile prison. In addition, the lengthy legal process against children in conflict with the law results in the child being depressed and can make the child's psychology more shaken. This will obviously result in the growth and development of the child's soul and also the future of the child. Restorative justice is present as another effort to enforce the law by not injuring children's rights, restorative justice is carried out by diversion. Restorative justice in handling children in conflict with the law can be pursued in law enforcement through diversion efforts. Implementation of diversion in the case of children for children with a criminal sanction of 1 year.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"89 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83454858","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-10DOI: 10.30659/ldj.3.2.431-440
Erlia Hendrasta, Achmad Sulchan
This study aims to determine and analyze environmental law enforcement in criminal acts of forest destruction during the Covid-19 pandemic. The approach method used is normative juridical research. The results of the study show that although the Covid-19 pandemic period is also very influential, the law enforcement process must still be carried out. One of the policies adopted by using teleconference technology. Not all trials are held virtually, the judge chooses and determines which cases can be carried out via video conference. For cases that are easy to prove, such as narcotics arresting hands, carrying sharp weapons and others. But for cases such as cases of fraud, murder and others held face to face. Virtual hearings are more suitable for reading indictments or charges. Meanwhile, the examination of witnesses is carried out face-to-face.
{"title":"The Environmental Law Enforcement In The Crime Of Forest Damage","authors":"Erlia Hendrasta, Achmad Sulchan","doi":"10.30659/ldj.3.2.431-440","DOIUrl":"https://doi.org/10.30659/ldj.3.2.431-440","url":null,"abstract":"This study aims to determine and analyze environmental law enforcement in criminal acts of forest destruction during the Covid-19 pandemic. The approach method used is normative juridical research. The results of the study show that although the Covid-19 pandemic period is also very influential, the law enforcement process must still be carried out. One of the policies adopted by using teleconference technology. Not all trials are held virtually, the judge chooses and determines which cases can be carried out via video conference. For cases that are easy to prove, such as narcotics arresting hands, carrying sharp weapons and others. But for cases such as cases of fraud, murder and others held face to face. Virtual hearings are more suitable for reading indictments or charges. Meanwhile, the examination of witnesses is carried out face-to-face.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"62 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87586045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-10DOI: 10.30659/ldj.3.2.453-459
Irsano Marthanova Erisky, Widayati Widayati
The purpose of this study is to identify and analyze the enforcement of rehabilitation sanctions against narcotics users at the Central Java Regional Police and to identify and analyze the obstacles in law enforcement of rehabilitation sanctions against narcotics users at the Central Java Regional Police. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using the theory of justice and the theory of expediency. The results of the study conclude that looking at the criminal provisions of Article 127 paragraphs (2) and (3), it can be concluded that judges in deciding cases referred to in Article 127 paragraph (1) are required to pay attention to the articles that regulate rehabilitation provisions so that later addicts and victims Drug abusers can be rehabilitated. The obstacles that come from the government, it is stated that there are 5 (five) obstacles, namely: a) There has not been a special place for addicts and victims of narcotics abusers to rehabilitate, b) The problem of rehabilitation costs for convicts of abuse cases narcotics, c) There is no rehabilitation center appointed by the Government, d) There is a difference in information between the defendant, witnesses and the results of the criminalistic laboratory. e) An execution problem occurred.
{"title":"The Law Enforcement Of Rehabilitation Sanctions Against Narcotics Users","authors":"Irsano Marthanova Erisky, Widayati Widayati","doi":"10.30659/ldj.3.2.453-459","DOIUrl":"https://doi.org/10.30659/ldj.3.2.453-459","url":null,"abstract":"The purpose of this study is to identify and analyze the enforcement of rehabilitation sanctions against narcotics users at the Central Java Regional Police and to identify and analyze the obstacles in law enforcement of rehabilitation sanctions against narcotics users at the Central Java Regional Police. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using the theory of justice and the theory of expediency. The results of the study conclude that looking at the criminal provisions of Article 127 paragraphs (2) and (3), it can be concluded that judges in deciding cases referred to in Article 127 paragraph (1) are required to pay attention to the articles that regulate rehabilitation provisions so that later addicts and victims Drug abusers can be rehabilitated. The obstacles that come from the government, it is stated that there are 5 (five) obstacles, namely: a) There has not been a special place for addicts and victims of narcotics abusers to rehabilitate, b) The problem of rehabilitation costs for convicts of abuse cases narcotics, c) There is no rehabilitation center appointed by the Government, d) There is a difference in information between the defendant, witnesses and the results of the criminalistic laboratory. e) An execution problem occurred.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"97 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86285655","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-10DOI: 10.30659/ldj.3.2.416-423
Yunus Rahendra, Aryani Witasari
The purpose of this study is to explain the need for aspects of anti-corruption education provided in educational institutions. Currently, the government is still focused on the regulation of legislation, especially on efforts to strengthen law enforcement. However, efforts to eradicate corruption by breaking the chain of its emergence by providing anti-corruption education in educational institutions are a promising step if implemented optimally. Based on the above background, problems arise, namely how is the urgency of anti-corruption education, then how is the role of the government in anti-corruption education management. The research approach method used is normative juridical using secondary data. Data collection is done by collecting and analyzing library materials and related documents. Furthermore, the data from this study were analyzed qualitatively, namely by collecting research data to be processed which was then concluded to obtain information and answers to research problems. The conclusion of this research is the need for the role of the educational component to teach moral and ethical doctrine to students from an early age. In addition, the government's role is also important in supporting the implementation of anti-corruption education from the level of policy makers. Among them is the internalization of anti-corruption education in existing subject matter by updating the existing curriculum.
{"title":"The Politics Of Corruption Eradication Law In The Aspect Of Anti-Corruption Education","authors":"Yunus Rahendra, Aryani Witasari","doi":"10.30659/ldj.3.2.416-423","DOIUrl":"https://doi.org/10.30659/ldj.3.2.416-423","url":null,"abstract":"The purpose of this study is to explain the need for aspects of anti-corruption education provided in educational institutions. Currently, the government is still focused on the regulation of legislation, especially on efforts to strengthen law enforcement. However, efforts to eradicate corruption by breaking the chain of its emergence by providing anti-corruption education in educational institutions are a promising step if implemented optimally. Based on the above background, problems arise, namely how is the urgency of anti-corruption education, then how is the role of the government in anti-corruption education management. The research approach method used is normative juridical using secondary data. Data collection is done by collecting and analyzing library materials and related documents. Furthermore, the data from this study were analyzed qualitatively, namely by collecting research data to be processed which was then concluded to obtain information and answers to research problems. The conclusion of this research is the need for the role of the educational component to teach moral and ethical doctrine to students from an early age. In addition, the government's role is also important in supporting the implementation of anti-corruption education from the level of policy makers. Among them is the internalization of anti-corruption education in existing subject matter by updating the existing curriculum.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78420144","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-10DOI: 10.30659/ldj.3.2.424-430
Keris Aji Wibisono, Umar Ma’ruf
This study aims to determine law enforcement against the criminal act of illegal mining in the jurisdiction of the Central Kalimantan Regional Police and the obstacles that arise in law enforcement of the criminal act of illegal mining in the jurisdiction of the Central Kalimantan Regional Police and their solutions. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results of the study indicate that law enforcement for the criminal act of illegal mining in the jurisdiction of the Central Kalimantan Regional Police is carried out through preventive and repressive efforts. Repressive efforts are carried out with outreach activities to the community at the Polres and Polsek levels, while repressive efforts through a series of investigative actions. There are several obstacles in the law enforcement process, namely the presence of irresponsible individuals, limited facilities and infrastructure and a lack of legal awareness from the community.
{"title":"The Law Enforcement Against The Crime Of Illegal Mining","authors":"Keris Aji Wibisono, Umar Ma’ruf","doi":"10.30659/ldj.3.2.424-430","DOIUrl":"https://doi.org/10.30659/ldj.3.2.424-430","url":null,"abstract":"This study aims to determine law enforcement against the criminal act of illegal mining in the jurisdiction of the Central Kalimantan Regional Police and the obstacles that arise in law enforcement of the criminal act of illegal mining in the jurisdiction of the Central Kalimantan Regional Police and their solutions. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results of the study indicate that law enforcement for the criminal act of illegal mining in the jurisdiction of the Central Kalimantan Regional Police is carried out through preventive and repressive efforts. Repressive efforts are carried out with outreach activities to the community at the Polres and Polsek levels, while repressive efforts through a series of investigative actions. There are several obstacles in the law enforcement process, namely the presence of irresponsible individuals, limited facilities and infrastructure and a lack of legal awareness from the community.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"166 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75122283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-09DOI: 10.30659/ldj.3.2.390-398
Mohammad Fadarisman, Bambang Tri Bawono
The purpose of this research is to identify and analyze the implementation of bank secrecy disclosure in an effort to eradicate money laundering in the construction of legal certainty and to know and analyze the obstacles faced in the implementation of bank secrecy disclosure in an effort to eradicate money laundering. ) in the perspective of law enforcement. This study uses a sociological juridical approach, which in this case relates to the role of the State Attorney in recovering state financial losses with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of expediency. The results of the study conclude that the eradication of money laundering in Indonesia will not be effective against law enforcers, both the police, prosecutors, and judges who investigate, prosecute, and examine cases of money laundering crimes, but the bank secrecy provisions as referred to in the Banking Law. Meanwhile, the obstacles faced by law enforcement officers in conducting investigations and investigations of money laundering practices are: 1) Weak provisions for bank secrecy, 2) Bank Indonesia secrecy with exceptions that are limitative and bureaucratic are considered as obstacles, 3) Law Enforcement Officials cannot know fully accurate financial information stored in the bank belonging to the suspect or defendant,
{"title":"Implementation Of Disclosure Of Bank Confidentiality In The Effort To Eradicate Money Laundering Crime","authors":"Mohammad Fadarisman, Bambang Tri Bawono","doi":"10.30659/ldj.3.2.390-398","DOIUrl":"https://doi.org/10.30659/ldj.3.2.390-398","url":null,"abstract":"The purpose of this research is to identify and analyze the implementation of bank secrecy disclosure in an effort to eradicate money laundering in the construction of legal certainty and to know and analyze the obstacles faced in the implementation of bank secrecy disclosure in an effort to eradicate money laundering. ) in the perspective of law enforcement. This study uses a sociological juridical approach, which in this case relates to the role of the State Attorney in recovering state financial losses with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of expediency. The results of the study conclude that the eradication of money laundering in Indonesia will not be effective against law enforcers, both the police, prosecutors, and judges who investigate, prosecute, and examine cases of money laundering crimes, but the bank secrecy provisions as referred to in the Banking Law. Meanwhile, the obstacles faced by law enforcement officers in conducting investigations and investigations of money laundering practices are: 1) Weak provisions for bank secrecy, 2) Bank Indonesia secrecy with exceptions that are limitative and bureaucratic are considered as obstacles, 3) Law Enforcement Officials cannot know fully accurate financial information stored in the bank belonging to the suspect or defendant,","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"78 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72828865","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-09DOI: 10.30659/ldj.3.2.378-389
Andi Mohamad Akbar Mekuo, Amin Purnawan
The police is a figure and protector of the community who at the same time as law enforcement officers have committed a crime that is burdensome and disturbing to the community, namely eliminating a person's life through a planning process that contains elements of violating Article 340 of the Criminal Code for his actions that are declared no longer fit to carry out the police profession in accordance with the Decree. National Police Chief KEP/23VII/2003 concerning the Code of Ethics for the Republic of Indonesia Police. The objectives of the problem in this study are 1) To examine and analyze the settlement of criminal acts committed by unscrupulous members of the Police? 2) To examine and analyze the strategies that need to be taken by the Police to build its image in tackling criminal acts committed by unscrupulous members of the Police? The research approach method used is normative juridical. Sources of data used are secondary data and primary data, secondary data in this study refers to the literature and primary data refers to facts in the field and the results of interviews. The results of the study: 1) Settlement of violations of the police professional code of ethics that resulted in a criminal act will be processed first in a disciplinary hearing due to a dead line or time limit for the implementation of a disciplinary hearing, which is a maximum of 30 (thirty) days as in Article 19 of the Decree of the National Police Chief No. Pol Kep/44/IX/2004. After the implementation of the disciplinary hearing is completed, a trial will be held in the scope of the general court in accordance with Article 2 of PP NO. 3 of 2003 concerning the Implementation of Technical Institutional General Courts for Members of the Indonesian Police,
警察是社区的人物和保护者，他们同时作为执法人员犯下了一项对社区造成沉重负担和不安的罪行，即通过一项规划程序来消灭一个人的生命，该程序包含违反《刑法》第340条的要素，而根据该法令，他的行为被宣布不再适合从事警察职业。国家警察局长KEP/23VII/2003，关于《印度尼西亚共和国警察道德守则》。本研究问题的目的是:1)检视及分析如何处理无良警务人员所犯下的罪行?2)研究和分析警方在打击无良警务人员犯罪行为时需要采取的策略，以树立其形象?本文采用的研究方法是规范法学。使用的数据来源是二手数据和一手数据，本研究中的二手数据是指文献，一手数据是指实地的事实和访谈的结果。研究结果表明:1)对违反警察职业道德守则而导致犯罪行为的处理，将首先通过惩戒听证会进行处理。因为惩戒听证会的执行期限是“国家警察总长令”第19条规定的30天以内。波尔凯普/ 44 / IX / 2004。纪律听证执行完毕后，将按照PP NO第二条在普通法院范围内进行审判。2003年第3号关于为印度尼西亚警察成员实施技术机构一般法院的法令;
{"title":"The Process Of Complexing The Criminal Action Of Planning Murder Performed By Police Investigators","authors":"Andi Mohamad Akbar Mekuo, Amin Purnawan","doi":"10.30659/ldj.3.2.378-389","DOIUrl":"https://doi.org/10.30659/ldj.3.2.378-389","url":null,"abstract":"The police is a figure and protector of the community who at the same time as law enforcement officers have committed a crime that is burdensome and disturbing to the community, namely eliminating a person's life through a planning process that contains elements of violating Article 340 of the Criminal Code for his actions that are declared no longer fit to carry out the police profession in accordance with the Decree. National Police Chief KEP/23VII/2003 concerning the Code of Ethics for the Republic of Indonesia Police. The objectives of the problem in this study are 1) To examine and analyze the settlement of criminal acts committed by unscrupulous members of the Police? 2) To examine and analyze the strategies that need to be taken by the Police to build its image in tackling criminal acts committed by unscrupulous members of the Police? The research approach method used is normative juridical. Sources of data used are secondary data and primary data, secondary data in this study refers to the literature and primary data refers to facts in the field and the results of interviews. The results of the study: 1) Settlement of violations of the police professional code of ethics that resulted in a criminal act will be processed first in a disciplinary hearing due to a dead line or time limit for the implementation of a disciplinary hearing, which is a maximum of 30 (thirty) days as in Article 19 of the Decree of the National Police Chief No. Pol Kep/44/IX/2004. After the implementation of the disciplinary hearing is completed, a trial will be held in the scope of the general court in accordance with Article 2 of PP NO. 3 of 2003 concerning the Implementation of Technical Institutional General Courts for Members of the Indonesian Police,","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73168609","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-09DOI: 10.30659/ldj.3.2.399-406
Indra Jaya Syafputra, M. Maryanto, Jawade Hafidz
This study aims to determine and analyze the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police and the obstacles that arise in the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police and their solutions. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results of the study indicate that the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police is aimed at justice by referring to the Criminal Procedure Code, the LLAJ Law, the Police Law, and the National Police Perkap Number 6 of 2019. In its application there are obstacles, namely the lack of legal awareness of community and intervention from third parties.
{"title":"Implementation Of Restorative Justice In Traffic Accident Settlement","authors":"Indra Jaya Syafputra, M. Maryanto, Jawade Hafidz","doi":"10.30659/ldj.3.2.399-406","DOIUrl":"https://doi.org/10.30659/ldj.3.2.399-406","url":null,"abstract":"This study aims to determine and analyze the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police and the obstacles that arise in the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police and their solutions. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results of the study indicate that the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police is aimed at justice by referring to the Criminal Procedure Code, the LLAJ Law, the Police Law, and the National Police Perkap Number 6 of 2019. In its application there are obstacles, namely the lack of legal awareness of community and intervention from third parties.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75048963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-07DOI: 10.30659/ldj.3.2.353-361
Evi Yulianti, Achmad Sulchan
The purpose of this study is to identify and analyze the legal protection of victims in the crime of rape, and to identify and analyze the obstacles and solutions to the legal protection of victims in the crime of rape. This study uses a normative juridical approach, which in this case relates to the legal protection of victims in the crime of rape with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using law enforcement theory, legal certainty and Islamic justice theory. The results of the study concluded that the protection of victims of the crime of rape in addition to experiencing physical suffering also experienced psychological suffering which took a long time to recover. Considering that the suffering experienced by the victims of the crime of rape is not light and it takes a long time to recover, the law enforcement officers are obliged to provide protection for the victims of the crime of rape. The obstacles that arise in the legal protection of the rights of victims in the process of resolving criminal cases: a) The criminals themselves, where the perpetrators of the crime are very good at committing crimes so that they are not caught or not caught; b) The attitude of the community, where the attitude of the community is indifferent in dealing with crimes that occur in their environment, so that people are less sensitive in dealing with crimes that occur; c) The compensation given by the perpetrator to the victim is not in accordance with what the victim expects because of the economic limitations of the perpetrator of the crime; d) For immaterial losses in criminal cases it cannot be done. The solution to the legal protection of victims in the crime of rape is the rehabilitation of victims of the crime of rape.
{"title":"Legal Protection Of Victims In The Crime Of Rapes","authors":"Evi Yulianti, Achmad Sulchan","doi":"10.30659/ldj.3.2.353-361","DOIUrl":"https://doi.org/10.30659/ldj.3.2.353-361","url":null,"abstract":"The purpose of this study is to identify and analyze the legal protection of victims in the crime of rape, and to identify and analyze the obstacles and solutions to the legal protection of victims in the crime of rape. This study uses a normative juridical approach, which in this case relates to the legal protection of victims in the crime of rape with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using law enforcement theory, legal certainty and Islamic justice theory. The results of the study concluded that the protection of victims of the crime of rape in addition to experiencing physical suffering also experienced psychological suffering which took a long time to recover. Considering that the suffering experienced by the victims of the crime of rape is not light and it takes a long time to recover, the law enforcement officers are obliged to provide protection for the victims of the crime of rape. The obstacles that arise in the legal protection of the rights of victims in the process of resolving criminal cases: a) The criminals themselves, where the perpetrators of the crime are very good at committing crimes so that they are not caught or not caught; b) The attitude of the community, where the attitude of the community is indifferent in dealing with crimes that occur in their environment, so that people are less sensitive in dealing with crimes that occur; c) The compensation given by the perpetrator to the victim is not in accordance with what the victim expects because of the economic limitations of the perpetrator of the crime; d) For immaterial losses in criminal cases it cannot be done. The solution to the legal protection of victims in the crime of rape is the rehabilitation of victims of the crime of rape.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90373737","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of this research is to find out and analyze the effectiveness of stopping prosecutions based on restorative justice. To find out and analyze the process of discontinuing prosecution for termination based on restorative justice in terms of the principles of restorative justice. The approach method used in this research is a sociological juridical method (Sociological Research).Based on the results of this study it was concluded that effectiveness of the termination of prosecution based on Restorative Justice is carried out by taking into account the interests of the victims and other protected legal interests; avoidance of negative stigma; avoidance of retaliation; community response and harmony; and propriety, decency, and public order. The process of discontinuing prosecution based on restorative justice has met the requirements of the principle of restorative justice, namely that the Public Prosecutor offers peace efforts to Victims and Suspects. The Public Prosecutor shall summon the Victim legally and appropriately by stating the reason for the summons. In the event that it is deemed necessary, peace efforts may involve the families of the Victim/Suspect, community leaders or representatives, and other related parties. The Public Prosecutor shall notify the aims and objectives as well as the rights and obligations of the Victims and Suspects in peace efforts, including the right to refuse peace efforts. In the event that the peace effort is accepted by the Victim and the Suspect, the peace process will be continued.
{"title":"Prosecutor's Demand In Delimination Form Of Children's Independence As A Form Of Legal Protection","authors":"S. Suhardjono, Siti Ummu Adillah","doi":"10.30659/LDJ.3.2.%P","DOIUrl":"https://doi.org/10.30659/LDJ.3.2.%P","url":null,"abstract":"The purpose of this research is to find out and analyze the effectiveness of stopping prosecutions based on restorative justice. To find out and analyze the process of discontinuing prosecution for termination based on restorative justice in terms of the principles of restorative justice. The approach method used in this research is a sociological juridical method (Sociological Research).Based on the results of this study it was concluded that effectiveness of the termination of prosecution based on Restorative Justice is carried out by taking into account the interests of the victims and other protected legal interests; avoidance of negative stigma; avoidance of retaliation; community response and harmony; and propriety, decency, and public order. The process of discontinuing prosecution based on restorative justice has met the requirements of the principle of restorative justice, namely that the Public Prosecutor offers peace efforts to Victims and Suspects. The Public Prosecutor shall summon the Victim legally and appropriately by stating the reason for the summons. In the event that it is deemed necessary, peace efforts may involve the families of the Victim/Suspect, community leaders or representatives, and other related parties. The Public Prosecutor shall notify the aims and objectives as well as the rights and obligations of the Victims and Suspects in peace efforts, including the right to refuse peace efforts. In the event that the peace effort is accepted by the Victim and the Suspect, the peace process will be continued.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73226287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：