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Mewujudkan Desa Layak Anak Sebagai Bentuk Perlindungan Hukum Terhadap Anak Di Indonesia Ratri Novita Erdianti; Sholahudin M. Fatih
Justitia Jurnal Hukum Vol 3, No 2 (2019): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Sebagai generasi penerus bangsa, anak sudah selayaknya negara memberikan jaminan terhadap perlindungan anak. Hal tersebut di wujudkan salah satunya dengan menciptakan Kota/Kabupaten Layak Anak yang akan menjadi salah satu unsur keberhasilan perlindungan hukum di Indonesia. Berdasarkan Peraturan Menteri Pemberdayaan Perempuan dan Anak Nomor 11 Tahun 2011 Tentang Kebijakan Kota/Kabupaten Layak Anak, bahwa Kabupaten/Kota Layak Anak (KLA) adalah kabupaten/kota yang mempunyai sistem pembangunan berbasis hak anak melalui pengintegrasian komitmen dan sumberdaya pemerintah, masyarakat dan dunia usaha yang terencana secara menyeluruh dan berkelanjutan dalam kebijakan, program dan kegiatan untuk menjamin terpenuhinya hak anak. Dalam mengembangkan KLA tersebut pada intinya mendasarkan pada pemenuhan hak anak, meliputi hak sipil dan kebebasan, lingkungan keluarga dan pengasuhan, kesehatan dasar dan kesejahteraan, pendidikan, pemanfaatan waktu luang, kegiatan budaya dan perlindungan khusus. Dalam rangka memenuhi KLA tersebut diperlukan partisipasi Desa untuk mewujudkannya sehingga diperlukan pembentuka Desa Layak Anak. Dengan menciptakan Desa Layak Anak maka akan berpengaruh besar terhadap terwujudnya Kota/Kabupaten Layak Anak sehingga akan tercapai perlindungan terhadap hak-hak anak yang diinginkan. Kata Kunci : Pendampingan, Desa Layak Anak, Perlindungan Hukum

Penal Mediation as an Alternative Dispute Resolution for Indonesian Criminal Code Ratri Novita Erdianti; Wasis Suprayitno; Sholahuddin Al-Fatih
Wacana Hukum Vol 26 No 1 (2020): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.1.3629

A high level of criminality has caused several issues in upholding the criminal code. The issues include things that are related to the effective ways to tackle criminality, criminal cases accumulation, and over-capacity issue. These issues need a proper handle immediately. One of the resolution mechanisms of criminal cases is by using the restorative justice approach, namely penal mediation. This research is to analyze the penal mediation construction in Indonesia and its role as an attempt of criminal case policy as the update of Indonesian criminal law This research conducted a normative juridical analysis of a variety of legislation and crime prevention theories. Penal mediation is an alternative dispute resolution (ADR) outside the court which commonly applies to civil cases. Unlike the juvenile criminal justice system, the positive criminal law in Indonesia cannot resolve the criminal cases outside the court; nevertheless, certain cases make it possible to have it settled outside the court. Apart from that, as a discrete, Indonesian law enforcement also settles some criminal cases outside the court. For civil cases, the mediation usually in the case relate to finance issue, as for criminal case, it is more on freedom and life of an individual. Mediation for civil cases is usually directly among parties of the dispute, or the second party of interest. As for criminal cases, the parties are more complexs which include the actors, victims, but also the prosecutor and public.

Children Friendly School as the Legal Protection for Children in Indonesia Ratri Novita Erdianti; Sholahuddin Al-Fatih
Varia Justicia Vol 16 No 2 (2020): Vol 16 No 2 (2020)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v16i2.3725

The large number of child abuse rates in the school environment forces the government to make policies to tackle it. Through child-friendly schools, it will provide protection for children in educational units. Furthermore, this paper aims to give a solution through child-friendly school. Not only creating schools that are safe from violence, but child-friendly schools also provide opportunities for children to carry out enjoyable learning processes and strengthen children's character. Child friendly schools have provided legal protection for children's rights while in the education unit. Through a child friendly school program based on the principles of child protection and prioritizing the fulfillment of children's rights, it will be a solution for the government today in dealing with various forms of violence that occur in schools.

Body Shaming Act as a Crime in Indonesian Criminal Law Erdianti, Ratri Novita; Wasis, Wasis; Samira, Echaib; Al-Fatih, Sholahuddin
JUSTITIA JURNAL HUKUM Vol 6 No 1 (2022): justitia jurnal hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i1.12791

Body shaming is an act that often occurs in society. Body shaming is an act that refers to the activity of criticizing and commenting negatively on the physical or other person's body or the act of mocking / insulting a person's body shape or body size or someone's appearance. Often this body shaming is carried out only for jokes or jokes among the public, but basically if viewed from a criminal law perspective, basically this body shaming meets the criteria for a criminal offense in the defamation article regulated in the Criminal Code. criminal offense in contempt which can be punished by using article 315. Considering the legal rules regarding body shaming in the Criminal Code and outside the Criminal Code which in the regulation do not mention directly about body shaming, it is necessary to review the rules governing body shaming so that it does not give rise to multiple interpretations. The formulation of the problem in this study is the regulation of criminal acts in insulting body image (body shaming) in terms of the Criminal Code and Legislation Outside the Criminal Code. The method used in this article uses a normative juridical research method. Later this study will review the legal construction of the law on body shaming in criminal law in Indonesia. In the regulation of the Criminal Code, body shaming is regulated in the elements of a criminal act, article 315. In addition, Indonesia already has a number of rules that regulate behavior on the internet, such as Law No. 11 of 2008 concerning Electronic Information and Transactions, which was later amended in Law No. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Transactions. Electronic (UU ITE)

Body Shaming Act as a Crime in Indonesian Criminal Law Erdianti, Ratri Novita; Wasis, Wasis; Samira, Echaib; Al-Fatih, Sholahuddin
JUSTITIA JURNAL HUKUM Vol 6 No 1 (2022): justitia jurnal hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i1.12791

Body shaming is an act that often occurs in society. Body shaming is an act that refers to the activity of criticizing and commenting negatively on the physical or other person's body or the act of mocking / insulting a person's body shape or body size or someone's appearance. Often this body shaming is carried out only for jokes or jokes among the public, but basically if viewed from a criminal law perspective, basically this body shaming meets the criteria for a criminal offense in the defamation article regulated in the Criminal Code. criminal offense in contempt which can be punished by using article 315. Considering the legal rules regarding body shaming in the Criminal Code and outside the Criminal Code which in the regulation do not mention directly about body shaming, it is necessary to review the rules governing body shaming so that it does not give rise to multiple interpretations. The formulation of the problem in this study is the regulation of criminal acts in insulting body image (body shaming) in terms of the Criminal Code and Legislation Outside the Criminal Code. The method used in this article uses a normative juridical research method. Later this study will review the legal construction of the law on body shaming in criminal law in Indonesia. In the regulation of the Criminal Code, body shaming is regulated in the elements of a criminal act, article 315. In addition, Indonesia already has a number of rules that regulate behavior on the internet, such as Law No. 11 of 2008 concerning Electronic Information and Transactions, which was later amended in Law No. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Transactions. Electronic (UU ITE)

Child Friendly Villages as an Effort to Prevent a Child as Victims and as Perpetrator Crimes Erdianti, Ratri Novita; Wasis, Wasis; Al-Fatih, Sholahuddin
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) Vol 5 No 2 (2022): Indonesian Journal of Legal Community Engagement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v5i2.55978

The state has a crucial responsibility to ensure legal protection for children, as they are the future pillars of our society. Establishing policies for child-friendly cities is paramount in safeguarding their rights. According to Minister of Women's and Children’s Empowerment Regulation Number 11 of 2011, a Child Friendly City integrates governmental, communal, and corporate resources to develop a system focused on children's rights. This entails comprehensive and sustainable policies, programs, and activities to ensure the fulfillment of children's rights across various domains, such as civil liberties, family welfare, health, education, recreation, cultural engagement, and special protection. The implementation of a Child Friendly City primarily aims at upholding children's rights, including protecting them from vulnerability to criminal activities as either perpetrators or victims. Dadaprejo Village, Indonesia, facing issues of escalating youth delinquency, is in dire need of intervention to address these challenges. Collaborative efforts encompassing legal and psychological counseling, consultation, and support are crucial to mitigate the problems plaguing Dadaprejo Village. By providing assistance tailored to the village's specific needs, the aim is to prevent children from falling prey to criminal behaviors, such as substance abuse, and to steer them away from engaging in criminal acts. Ultimately, the objective is to transform Dadaprejo Village into a child-friendly community that prioritizes the well-being and safety of its children, thus fostering a healthier environment free from criminal influences.

Magic Mushroom as a Danger Narcotics: a Case Study in Yogyakarta Nursyah, Yufani Julia Nursyah; Tongat, Tongat; Erdianti, Ratri Novita; Al-Fatih, Sholahuddin
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.257

The research aims to train oneself to articulate scientific thoughts in writing so that knowledge, particularly legal knowledge, continues to develop. The research also focuses on the implementation of Law No. 35 of 2009 regarding legal action against the circulation and abuse of narcotics, specifically magic mushrooms, in Yogyakarta City, as well as the obstacles faced by the police's narcotics unit, the Sleman Police Department, the Investigation Division, and the National Narcotics Agency (BNN). This study employs a socio-legal approach and is analyzed using qualitative descriptive techniques. The primary data comes from interviews with the BNN and the police in the Yogyakarta region. Overall, this research emphasizes the importance of enhancing human resources, knowledge, and priorities in law enforcement related to the circulation and abuse of magic mushrooms in Yogyakarta. More effective and comprehensive law enforcement is needed to address this issue thoroughly. The research findings indicate the ambiguity of the legal status of magic mushrooms, the limitations of law enforcement resources, technical challenges in enforcement, a lack of prioritization in action, and the need for broader education and knowledge.

Bahasa Inggris Erdianti, Ratri Novita; Larossa, Jessica Widya; Muhamad Helmi Md. Said; Said Noor Prasetyo
JUSTITIA JURNAL HUKUM Vol 10 No 1 (2026): Justitia jurnal Hukum (Article in Press)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v10i1.29576

Overcrowding in correctional institutions significantly affects Indonesia's correctional system. This leads to problems like decreased effectiveness, inefficient budgeting, social impacts, and human rights violations. We must urgently assess the penal system by adopting a broader view of punishment objectives. This paper evaluates the penal system's effectiveness, focusing on short-term deprivation of liberty, and examines community service as an alternative to imprisonment under criminal law reform. We use a normative juridical approach to analyze legal issues related to short-term deprivation of liberty from the viewpoint of punishment objectives. The results show that community service aligns well with punishment objectives; it provides a more effective and efficient alternative to short-term imprisonment, which often fails to deliver optimal rehabilitative and preventive effects. The novelty of community service orders lies in its role as an instrument to address the limitations of short-term imprisonment, broadening the punishment paradigm toward a more humanistic, productive, and reintegration-oriented approach.

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