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All Journal Jurnal Preferensi Hukum (JPH) Jurnal Analogi Hukum
I Made Sepud
Fakultas Hukum, Universitas Warmadewa
Law, Crime, Criminology & Criminal Justice

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Efektivitas Pembimbingan Kemasyarakatan Terhadap Anak Pelaku Pelecehan Seksual di Balai Pemasyarakatan Kelas I Denpasar Made Ryan Permana Putra; I Made Sepud; Ketut Adi Wirawan
Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Sexual harassment is a criminal offense that can cause harm in the form of trauma or embarrassment to the family or society. Children as perpetrators of criminal acts of sexual harassment who are still underage, need to receive serious attention from all walks of life.This is done to improve the mindset of the perpetrators, teach the perpetrators to do good and help the perpetrators meet the prevailing standard of living. This study uses empirical legal research methods. There are internal, external, and other factors that contribute to children committing sexual harassment offenses. External factors include emotional power and age, external factors consist of education, environment, alcohol and drugs, economy, and the internet. Meanwhile, other factors that support children to commit crimes of sexual harassment are children's low understanding of religion and the absence of parental oversight. The study's findings indicate that, in accordance with the applicable laws and regulations, social counseling for child sexual harassment perpetrators has been working well and effectively. The absence demonstrates this repetition of criminal acts or recidivism. This happens because the process of guiding and supervising children who commit crimes of sexual harassment by social counselors has been running according to the rules that apply.
Eksistensi Perlindungan Hukum Terhadap Anak Sebagai Akibat Tindak Pidana Pencabulan di Kabupaten Gianyar Putu Dyah Agung Mas Narayana Putri; I Made Sepud; I Wayan Werasmana Sancaya
Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Children have limitations in understanding and protecting themselves from various influences of the existing system. When children are involved in legal issues, the state must provide protection to children through laws and regulations including Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Sexual intercourse with children is an act that is categorized as rape and obscenity, and usually sexual intercourse is carried out by adults to children under the age of 15, therefore the formulation of the problem is raised, namely: 1) What is the legal protection against child victims of sexual abuse in Gianyar Regency? and 2) What are the criminal sanctions against perpetrators of criminal acts of child molestation in Gianyar Regency? This study uses an empirical research type. The results obtained from legal protection for child victims of abuse are that they have received legal protection as stipulated in Law No. 35 of 2014 on amendments to Law No. 23 of 2002 concerning Child Protection. Criminal sanctions obtained by perpetrators of child abuse are a minimum of 3 years and a maximum of 15 years in prison and a minimum fine of Rp. 60 million and a maximum of Rp. 300 million.
Sanksi Pidana Terhadap Pelaku Tindak Pidana Penjualan Jimat Luh Gede Anglika Gayatri Sukma; I Made Sepud; I Nyoman Subamia
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.92-98

Abstract

The sale of amulets in the community is very troubling because many lead to fraud. The sale of amulets in the Criminal Code has been regulated in Article 546 of the Criminal Code but, in practice, it is charged with Article 378 of the Criminal Code on fraud. The formulation of the problem in this study, namely how is the regulation of the criminal act of selling amulets in positive law in Indonesia? and how are the criminal sanctions against the perpetrators of the criminal act of selling amulets? This type of research is normative with the approach of legislation and concepts. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials by means of documentation and notes. Analysis of legal materials is descriptive and analytical. The results of this study are that the seller of amulets is threatened with a maximum imprisonment of three months or a maximum fine of four thousand five hundred rupiahs, but in practice the perpetrators of selling amulets are more often subject to Article 378 of the Criminal Code on fraud which proves that Article 546 of the Criminal Code is no longer relevant in society.
Co-Authors I Nyoman Subamia I Wayan Werasmana Sancaya Ketut Adi Wirawan Luh Gede Anglika Gayatri Sukma Made Ryan Permana Putra Putu Dyah Agung Mas Narayana Putri