Zelfi Ghaffar Aufiya
Swadaya Gunung Jati University, Cirebon

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Obstacles to Investigating Sexual Harassment Cases at the Indramayu Police Station Noerul Putri Fadhila; Waluyadi Waluyadi; Zelfi Ghaffar Aufiya
Jurnal Legisci Vol 3 No 6 (2026): Vol 3 No 6 June 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i6.1189

Abstract

Background. This research is motivated by the increasing number of cases of sexual violence against children, which have serious impacts, both physically and psychologically. Empirical data show that most of these crimes occur against children under the age of 18, with contributing factors including weak social supervision, environmental influences, and abuse of close relationships by perpetrators. Aims. This study aims to examine the obstacles faced by investigators in handling cases of sexual violence against children within the jurisdiction of the Indramayu Police. Methods. The research method used was a qualitative normative approach. The legal materials used consisted of primary and secondary legal materials. The legal materials were collected through literature review and interviews, while data analysis was conducted prescriptively to provide solutions to the problems studied. Result. The results indicate that the perpetrators' modus operandi generally involves exploiting close relationships with the victims, such as family, friendships, or romantic relationships, accompanied by manipulation, persuasion, and abuse of trust. Conclusion. Obstacles faced by investigators include limited personnel, high caseloads, lack of information about the perpetrators, and difficulty obtaining statements from traumatized victims, resulting in suboptimal investigations.
Analysis of Unlawful Acts in the Installation of Electricity Poles on Private Land without the Consent of the Landowner Tetuko Trie Wicaksana; Gusti Yosi Andri; Zelfi Ghaffar Aufiya
Jurnal Legisci Vol 4 No 2 (2026): Vol 4 No 2 October 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i2.1225

Abstract

Background. The research stems from a discrepancy between legal regulations regarding land use for the public interest and the practices observed on the ground. In some cases, the installation of electricity poles is still carried out without the consent of the landowner, even without adequate guarantees. This condition raises questions about whether such actions can be classified as unlawful. Aims. This research aims to examine these matters while analyzing how the conflict between public interests and individual rights is understood through Ronald Dworkin's perspective Methods. A juridical normative approach to examine laws and regulations, as well as a philosophical approach. Result. The outcome of this exploration also reveals that the installation of electricity poles without consent fulfills the elements of an unlawful act, starting from the existence of the action, the unlawful nature, error, loss, and a causal relationship. Conclusion. In Dworkin's framework, individual rights cannot simply be overridden by the public interest, especially if accompanied by a clear legal basis and fair compensation.
Legal Parameters of Placement of Parents in Nursing Homes as Neglect Rahayu Febriani; Gusti Yosi Andri; Zelfi Ghaffar Aufiya
Jurnal Legisci Vol 3 No 6 (2026): Vol 3 No 6 June 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i6.1234

Abstract

Background. The placement of the elderly in nursing homes is still often perceived as a form of neglect, although positive law has not made such an act an automatic offense. The difference between social judgment and legal measures has led to the lack of clear parameters to determine when placement in a nursing home is still an exercise of family obligations and when it turns into neglect. Purpose. This study aims to analyze the legal position of parental placement in nursing homes and formulate the boundary between moral obligations, family legal obligations, and neglect based on Indonesian positive laws through the theory of H.L.A. Hart. Method. This research uses normative legal research methods with a legislative approach and a conceptual approach. The analysis was carried out qualitatively through the interpretation of laws and regulations, legal doctrines, and the theory of H.L.A. Hart as the basis of the analysis. Results. The results showed that the measure of neglect lies in the neglect of the obligation to provide life, care, maintenance, and attention to the elderly who need help, not in the location where they live. Parental placement in a nursing home remains legal as long as the family continues to fulfill legal responsibilities, maintain relationships, supervise treatment, and ensure all parental needs are met. On the other hand, neglect only occurs when the family releases these legal obligations so that the basic needs of the parents are no longer met. Conclusion. This research offers legal parameters that clearly distinguish between moral obligations, family obligations, and neglect, thus providing certainty in the application of laws related to the care of elderly parents.