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All Journal Jurnal Litigasi Amsir
Afi Kamilia
Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada

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Domestic Crime from a Legal and Societal Perspective Muhammad Aditya; Riska Ramadhani; Zalfa Azzahra; Yuspita Syawaliah; Najwa Najwa; Afi Kamilia
Jurnal Litigasi Amsir Vol 13 No 1 (2025): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study examines sexual violence perpetrated by stepparents against children under their care as a form of failure of the child protection system within the family. It focuses on the dynamics of remarriage families, which often create power imbalances, making stepchildren, especially girls, highly vulnerable to violence. Using a normative and empirical approach, this study analyzes Undang Undang Nomor 35 Tahun 2014 tentang Perlindungan Anak and Undang Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual, and combines these with interview results and case studies in Parepare, South Sulawesi. The results indicate that sexual violence in stepfamilies is triggered by weak social control, the mother's economic dependence on her new husband, as well as a closed legal process and minimal victim recovery services. Therefore, integrated steps are needed, including legal reform, strengthening child protection institutions, and changing social culture so that every child is protected in a real, dignified, and just manner
Legal Liability Peran Mucikari Terhadap Implementasi Undang-Undang TPPO di Makassar Muhammad Yusuf Muhlis; Andi Mardaya; Elvi Susanti Syam; Afi Kamilia
Jurnal Litigasi Amsir Vol 13 No 1 (2025): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study aims to determine and analyze the implementation of legal provisions governing the responsibilities of pimps in eradicating the crime of human trafficking according to Law Number 21 of 2007 and what factors are obstacles in the investigation and inquiry process related to the role of pimps. This research uses a Normative Empirical research type with a Legislative Approach and a Social Approach. The data sources used are Primary Data and Secondary Data. Data analysis will be conducted using an observational-sensory and theoretical-rational approach using a reasoning model that first uses inductive logic and then continues with deductive logic. The implementation of legal provisions governing the responsibility of pimps in human trafficking crimes according to Law Number 21 of 2007 positions pimps as the main perpetrators, but in its application using Article 2 or 12 for pimps, it must be carried out with appropriate evidence in the practice of justice where law enforcers must prove the elements in the articles alleged to the pimp and supported by the attached evidence. In the implementation of criminal responsibility for pimps, the TPPO Law will provide an aggravating article for the crime if in his actions the pimp causes the victim to suffer mental and physical harm or even death. The implementation of criminal responsibility for pimps will be successful or fail depending on the law enforcement officers in the matter of evidence in the trial later and The implementation of legal provisions governing the responsibility of pimps in human trafficking crimes according to Law Number 21 of 2007 positions pimps as the main perpetrators, but in its application using Article 2 or 12 for pimps, it must be carried out with appropriate evidence in the practice of justice where law enforcers must prove the elements in the articles alleged to the pimp and supported by the attached evidence. In the implementation of criminal responsibility for pimps, the TPPO Law will provide an aggravating article for the crime if in his actions the pimp causes the victim to suffer mental and physical harm or even death.