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Journal : DE'RECHTSSTAAT

IMPLEMENTATION OF PROVIDING LEGAL AID TO CHILDREN AS PERPETRATORS OF THE CRIME OF OBSCENITY Larasati, Shindy Cika; Yustrisia, Lola; Munandar, Syaiful
DE'RECHTSSTAAT Vol. 10 No. 1 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i1.9799

Abstract

Legal aid is a right of the poor that can be obtained without payment (probono public). The provision of legal aid has also been regulated in Article 23 paragraph (1) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which emphasizes that legal aid is an obligation given from the state for children of criminal offenders since being arrested or detained and during the time of examination. The problems that the authors examine in this study are 1). How is the implementation of the provision of legal assistance to children as perpetrators of criminal acts of sexual immorality at Posbakum PN Bukittinggi, 2). What are the Obstacles Faced in the Implementation of Providing Legal Assistance to Children as Perpetrators of the Criminal Act of Obscenity at Posbakum PN Bukittinggi, 3). What Legal Remedies Can Be Taken To Overcome Obstacles That Occur In The Implementation Of Giving Law To Children As Perpetrators Of Criminal Obscene Acts By Posbakum PN Bukittinggi. The research method that the writer uses is empirical legal research. Therefore it can be concluded 1). The implementation of the provision of legal assistance to children as perpetrators of criminal acts of obscenity by the Bukittinggi Legal Aid Institute has been carried out in accordance with procedures and has permanent legal force. 2). The obstacles faced in the implementation of the provision of legal aid by the Bukittinggi Legal Aid Institute were in the form of Legal Aid Funding Arrangements, the lack of witnesses presented, Using a Visum Et Repertum Letter. 3). Efforts to overcome obstacles in the provision of legal aid by the Bukittinggi Legal Aid Institute in the form of the Government need to pay attention to the implementation of legal aid for the poor, There is a need for updating the Law regarding witness statements, because in this case the perpetrators and victims are minors, and the the legal aid provider feels that the Visum Et Repertum must be carried out as soon as possible before the marks disappear.
Legal Review of the Criminal Act of Body Shaming on Social Media According to The New KUHP and Information and Transaction Electronic (ITE) Regulations Widia Putri; Lola Yustrisia
DE'RECHTSSTAAT Vol. 11 No. 1 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i1.15144

Abstract

The rapid development of technology today has caused new crimes to emerge, for example the crime of insulting body shaming committed through social media such as Facebook, Twitter, Instagram, WhatsApp and so on, where body shaming has a very bad impact on victims. The formulation of the problem is to find out how the regulation of body shaming insults through social media according to the New Criminal Code and the ITE Law and to find out how law enforcement against victims of body shaming insults on social media. Using normative juridical research methods. The results of the research explain that the regulation of body shaming insults is regulated in Article 436 referring to Law Number 1 of 2023, the Criminal Code only reaches offline insult offenses and Article 27A of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning ITE only reaches insults in the cyber world. The government should make a law by containing one article that specifically regulates the criminal offense of insulting body shaming so that the handling can be more efficient and does not cause multiple interpretations.