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All Journal Literatus Journal Indonesia Law and Policy Review (JILPR)
Darwis, Nurlely
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Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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THE URGENCY OF RESTITUTION PROVISION FOR CHILD VICTIM OF CRIME BASED ON LAW NO. 39 OF 1999 ON HUMAN RIGHTS Putra, Aditya Dwi; Darwis, Nurlely; Sudarto
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1693

Abstract

Children are God's mandate that needs to be cared for, raised and trained according to their potential. A more religious view that children are entrusted, not only biological descendants that exist but their survival must be maintained, because in fact children have basic rights that have been protected by the State that must be implemented by all parties, both by and the family itself . Before the emergence of various platforms or social media, almost all crimes were committed in an offline way, where both the victim and the perpetrator faced each other directly. However, after the emergence of these various social media, where the perpetrator and the victim can be connected at a very distance at one time, many perpetrators use this media to find new victims in various ways, many children as users of these social media become victims. And often, many basic rights of child victims are missed in all legal processes, both from the reporting process, examination to case closing. This is also due to the many problems from the internal law enforcement institutions, human resources of the apparatus, to the too complicated bureaucracy determined by the state even though the majority of child victims are the children of parents who still do not understand the complicated crime process in this country. So that currently the law enforcement process through criminal justice should not only focus on providing criminal sanctions against perpetrators with a multi-level bureaucracy that must also be fulfilled by the victim to be processed, but must also accommodate the interests of the rights of child victims , one of which is through the provision of compensation, namely restitution which must actually be carried out in any aspect, because in the view of the law, Restitution should be a human right that is inherent to the child who is a victim because they actually have protection based on many laws and regulations made by the Indonesian government.
Kajian Yuridis Kebijakan Hukum Pidana dalam Penerapan Asesemen Terpadu bagi Penyalah Guna Narkoba berdasarkan Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika Muslim, Daud; Darwis, Nurlely; Sudarto, Sudarto
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1704

Abstract

Drug crimes pose a serious threat with detrimental effects on the global community, including Indonesia. Drugs are classified as extraordinary crimes that harm physical, mental, social, and economic health. Drug abusers are not criminals who should be imprisoned but individuals who need medical and social rehabilitation, as regulated in Law Number 35 of 2009 on Narcotics. However, the implementation of rehabilitation faces challenges, such as a lack of synchronization among law enforcement agencies and the low number of abusers receiving rehabilitation. This study uses normative juridical research methods with a statute approach, conceptual approach, and case approach. Secondary data were obtained from legal literature and relevant regulations. The results of the study show that the integrated assessment mechanism, involving both medical and legal evaluations, plays a crucial role in determining whether drug abusers are eligible for rehabilitation or imprisonment. However, various obstacles hinder its implementation, such as differing legal interpretations, sectoral egos among institutions, and inconsistencies in placing drug abusers in rehabilitation centers. Moreover, the criminal law policy that prioritizes rehabilitation as a solution requires reform to be more effective in preventing drug-related crimes. The study recommends improving coordination among law enforcement agencies and revising regulations to ensure rehabilitation is prioritized in handling drug abuse cases, aiming to create a more humane and effective justice system.
IMPLEMENTATION OF LEGAL PROTECTION FOR OUTSOURCED LABOR OF KALI BARU PORT STEVEDORING SERVICES COOPERATIVE Rahman, Abdul; Darwis, Nurlely
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.426

Abstract

The Kali Baru Port Stevedoring Services Cooperative (TKBM) is an entity responsible for providing loading and unloading labor at Tanjung Priok Port. Issues such as workplace safety, worker welfare, and social security remain significant challenges. The research questions are: How is legal protection implemented for outsourced workers from the Kali Baru Port Stevedoring Services Cooperative who work at PT New Priok Container Terminal One (NPCT I)? What obstacles are faced in implementing legal protection for outsourced workers of the Stevedoring Services Cooperative at PT New Priok Container Terminal One (NPCT I) Port, and what efforts are being made to overcome these obstacles? This study aims to understand and analyze the implementation of legal protection for outsourced workers from the Kali Baru Port Stevedoring Services Cooperative working at PT New Priok Container Terminal One (NPCT I), and to identify, examine, and analyze the obstacles encountered in providing legal protection for these outsourced workers at PT New Priok Container Terminal One (NPCT I) Port. The research methods employed are juridical normative and juridical empirical. The findings addressing the two research questions indicate that worker protection under the Manpower Law aims to safeguard the fundamental rights of workers. The legal protection in question refers to both preventive and repressive legal protection for outsourced workers. The obstacles to implementing legal protection for outsourced workers at the Kali Baru Port Stevedoring Services Cooperative at PT New Priok Container Terminal One (NPCT I) Port include: human resource competency and quality, working conditions and infrastructure, regulations and institutional frameworks, economic and welfare aspects, and Occupational Safety and Health (K3) awareness and culture. Efforts undertaken to overcome these obstacles include: improving competency and training, enhancing infrastructure and equipment, strengthening regulations and supervision, increasing inter-agency coordination, raising K3 awareness, and improving welfare.
Co-Authors Abdul Rahman Muslim, Daud Putra, Aditya Dwi Sudarto Sudarto Sudarto