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All Journal Ensiklopedia of Journal Formosa Journal of Sustainable Research (FJSR)
Halawa, Firman
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Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Education Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS YURIDIS PEMBERIAN GRASI DALAM KAJIAN PIDANA TERKAIT EFEK JERA PEMIDANAAN Prayogo, Aldino; Halawa, Firman
Ensiklopedia of Journal Vol 6, No 2 (2024): Vol. 6 No. 2 Edisi 2 Januari 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i2.2232

Abstract

Pardon is a form of forgiveness for criminal acts, including changes, mitigation, reduction or elimination of criminal acts granted by the President. The process of granting clemency takes into account advice from the Supreme Court. Pardon is not a legal action, but is the president's authority which aims to achieve legal certainty and fair decisions. However, there are cases where the president does not grant pardon, as regulated in Indonesian positive law, especially Article 1 of Law Number 22 of 2002 in conjunction with Law Number 5 of 2010 concerning Pardon. Granting clemency by the President can have a negative impact, such as not having a deterrent effect on the convict, allowing the same crime to be repeated. This impact can also be felt by the public in certain cases, where it is feared that granting pardon will encourage people to commit similar crimes, feeling that it does not provide a deterrent effect for criminals. This legal research, with a prescriptive normative approach, uses statutory analysis and deductive syllogism to explore the link between granting pardon and the deterrent effect of punishment from a criminal law perspective. The research results show that although the theory of the purpose of punishment supports granting pardon for its deterrent effect, in practice, pardon can reduce the deterrent impact of a conviction, allowing for repetition of criminal acts.Keywords: Clemency, Sentencing, Deterrent effect
Victimological Study of Children as Victims of Acts Criminal Trafficking in People Lubis, Hawani; Halawa, Firman; Sahlepi, Muhammad Arif
Formosa Journal of Sustainable Research Vol. 3 No. 7 (2024): July 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i7.10629

Abstract

Victimology is the study of victimization, which includes analysis of the causes and effects of victimization in a social context. This term comes from Latin victima (victim) and logos(knowledge). Victimology seeks to understand various aspects of victimization and the criminal process, as well as the factors that lead to someone becoming a victim and their impact on the individual and society. In Indonesia, child protection is regulated in several laws which aim to ensure the welfare and rights of children. Based on Law Number 23 of 2002 concerning Child Protection, every child has the right to practice religion, think and express themselves according to their age and level of intelligence under the guidance of their parents. This law also emphasizes children's rights to know and be cared for by their biological parents. Meanwhile, Law Number 35 of 2014 defines children as individuals who are not yet 18 years old, including those who are still in the womb. This law emphasizes the need to protect children to ensure they can live, grow and develop optimally, and are protected from violence and discrimination. Protection of children is also regulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. This law aims to tackle and criminalize all forms of human trafficking that involve exploitation. The definition of human trafficking according to this law includes acts such as recruiting, transporting, harboring, and receiving a person with threats or violence, fraud, forgery, or abuse of power, both within the country and between countries, with the aim of exploitation. With these various regulations, it is hoped that children can be protected from various forms of violence, exploitation and rights violations that they may experience
Co-Authors Buulolo, Peri budi Dachi, Paul Karyaman Eva Latifah Nurhayati Gulo, Mitra Arif Lubis, Hawani Prayogo, Aldino Sahlepi, Muhammad Arif