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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Bengkoelen Justice : Jurnal Ilmu Hukum INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER)
Hafrida
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Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE THROUGH COMPENSATION AND RESTITUTION Rahmah, Siti; Hafrida; Usman
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 2 No. 9 (2024): SEPTEMBER
Publisher : Adisam Publisher

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Abstract

Cases of domestic violence can attract the attention of the wider community and cause reactions from various parties, this is because domestic violence is indeed a case that requires special handling from the authorities. Because domestic violence is a type of violence that has unique characteristics, namely that it is carried out in the home, the perpetrators and victims are family members and is often considered not a form of violence. Law No. 23/2004 on the Elimination of Domestic Violence provides a strong legal basis that makes domestic violence, which was originally a household affair, a State affair. Legal protection to victims of crime as part of protection to the community can be realized in various forms such as through the provision of restitution and compensation such as medical services and legal assistance from the state so as not to cause prolonged traumatic effects, that victims of domestic violence, most of whom are women, must receive protection from threats of violence, torture, treatment that is degrading to human dignity. With the existence of Law Number 23/2004 on the Elimination of Domestic Violence, it is hoped that it can be a solution to prevent and overcome domestic violence in law enforcement efforts, in accordance with the principles as intended in Article 3 of Law Number 23/2004 on the Elimination of Domestic Violence, namely: "Respect for human rights, gender justice and equality, non-discrimination, and victim protection". Everyone has the right to a sense of security, the right to fair legal treatment without discrimination. Domestic violence is a violation of human rights and a crime against human dignity and forms of discrimination.
Authority for Calculating State Economic Losses in Criminal Acts of Corruption in Indonesia Hartati; Hafrida; Erwin; Arizyanto, Romi; Beny Saputra
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 3 (2024): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i3.1480

Abstract

This article will analyze the elements and authority to calculate state economic losses to achieve justice for criminal acts of corruption in Indonesia. The research methodology employed is normative juridical, with a focus on literature reviews and relevant legislation. The research findings indicate that corruption is not only related to state financial losses but also to state economic losses. The regulation of elements of state economic losses and the authority to calculate state economic losses in Indonesia have not been regulated firmly and completely in laws and regulations so it will give rise to different interpretations from law enforcement officers. The unclear regulation of elements and authority in calculating state economic losses will result in different indicators for determining the value of calculating state economic losses which will result in different results of calculating state economic losses which can be detrimental the defendant because the calculation results exceed the unlawful acts he committed and can also detrimental the state if the calculation results are much lower than the state economic losses incurred.
LEGAL PROTECTION OF VICTIMS OF COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN THROUGH SOCIAL MEDIA Tamba, Samuel; Hafrida; Herry Liyus
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.33829

Abstract

The crime of Commercial Sexual Exploitation of Children (ESKA) is increasingly rife with the existence of social media as a means of transaction and promotion of children who are victims. However, there is currently a vacuum in regulations that specifically regulate legal protection of the rights of children victims of these crimes. This study aims to describe the applicable rules in protecting children victims of CSEC through social media and how legal policies will be in the future in handling these crimes. The research method used is normative juridical research. From the results of the study, it was found that there is more than one legal regulation that is currently used to protect child victims of commercial sexual exploitation crimes through social media, namely the Child Protection Law, the Pornography Law, the Electronic Information and Transactions Law and the Sexual Violence Criminal Law. Some of the obstacles in protecting CSEC victims include: 1) legal substance factors (overlapping laws and regulations that specifically regulate CSEC crimes through social media), 2) legal structure factors (there is no legal umbrella for investigators and public prosecutors to be able to quickly break the chain of dissemination of cases of commercial sexual exploitation of children on social media; 3) legal cultural factors (public awareness, lack of parental monitoring, and lack of sexual education in children). The suggestions for future legal policies include: 1) Revising the Child Protection Law and the ITE Law; 2) strengthen the authority of the Prosecutor's Office and the Police as investigators and public prosecutors to remove social media content containing commercial sexual exploitation of children from the investigation and prosecution stages; 3) Create a child-friendly complaint and reporting center that is easily accessible to child victims of sexual exploitation crimes.  Keywords: commercial sexual exploitation of children; social media; legal protection.
Co-Authors AA Sudharmawan, AA Arizyanto, Romi Beny Saputra Erwin HARTATI Herry Liyus Tamba, Samuel Usman