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All Journal LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum LEGAL BRIEF Jurnal Hukum Pelita Journal of Law, Poliitic and Humanities
Gagarin Akbar, Muhammad Gary
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Differences in the Implementation of Diversion in the Juvenile Criminal Justice System: Analysis of the Karawang Court Decision Nuraeni, Rini; Gagarin Akbar, Muhammad Gary; Abas, Muhamad
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 14 No. 1 (2025)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i1.30316

Abstract

The use of diversion in Indonesia’s juvenile justice system aims to protect children from harmful stigmatization and provide rehabilitation. The objective of the study is to analyze the application of diversion in two court decisions: Decision Number 9/Pid.Sus-Anak/2022/PN Kwg and Decision Number 14/Pid.Sus-Anak/2022/PN Kwg. The research employs a normative juridical and descriptive-analytical approach through a literature review. The findings demonstrate that the application of diversion depends on the type of offense and the condition of the child. Decision Number 9 sentenced the child to 3 years and 6 months of imprisonment for a case of child sexual intercourse, whereas Decision Number 14 imposed 120 hours of community service for theft. The analysis reveals that judicial considerations are influenced by the severity and impact of the offense, and underscore the importance of balancing law enforcement with the protection of the child’s future. This research shows that judicial discretion plays a crucial role in determining the implementation of diversion, highlighting the importance of aligning legal enforcement with restorative justice and child protection principles.
Legal Protection for Victims of Sexual Violence Categorized as Disabled (Decision Number 59/Pid.B/2024/PN.Mbn) Ismayanti, Eli; Gagarin Akbar, Muhammad Gary; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i5.1996

Abstract

The incidents of sexual violence against individuals with intellectual disabilities highlights how the legal system should play a more comprehensive role in providing protection, particularly in terms of restitution US part of victim recovery. This study aims to examine the legal protection mechanisms for victims of sexual violence based on existing legislation and to analyze its implementation for individual with intellectual disabilities, US reflected in Decision No. 59/Pid.B/2024/PN. Mbn. Using normative juridical methods and a case law approach, this research evaluates the consistency between legal norms and judicial practice. The findings indicate that although the regulations mandate restitution, in this case, it was note granted due to the absence of a formal request from the victim, despite the fact that the victim, as an individual with an intellectual disability, requires a more active legal protection mechanism. This gap underscores the need for reform in judicial approaches, where judges should proactively determine restitution without relying on victim petitions, alongside enhanced coordination between law enforcement authorities and social institutions to ensure that victims receive comprehensive legal protection, including psychological and social recovery
Legal Protection Efforts for Victims of Sexual Violence Crimes in Indonesia Nurahmad, Silvi; Gagarin Akbar, Muhammad Gary; Abas, Muhamad
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1367

Abstract

Sexual violence, particularly rape, constitutes a serious violation of human rights, inflicting lasting physical, psychological, and social impacts on victims. In 2024, the National Commission on Violence Against Women (Komnas Perempuan) recorded 445,502 cases of sexual violence in Indonesia, emphasizing the urgency for robust legal protection. This study aims to examine the legal protections afforded to rape victims under Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS) and evaluate the challenges in its implementation. Using a normative legal research method, the analysis draws from primary legal sources, notably the UU TPKS, and relevant secondary literature. The findings indicate that the UU TPKS grants victims access to medical services, psychological support, legal assistance, and confidentiality safeguards. However, implementation is hindered by entrenched patriarchal norms, societal stigma, and inadequate sensitivity among law enforcement. The study concludes that strengthening public awareness, improving law enforcement capacity, and adopting restorative justice principles are essential for effective legal protection. This research contributes to the development of a more responsive and victim-centered legal framework in Indonesia.
Suntik Mati (Euthanasia) dalam Perspektif Kesehatan dan Kitab Undang-Undang Hukum Pidana (KUHP) Dewi, Sartika; Amaliya, Lia; Arafat, Zarisnov; Gagarin Akbar, Muhammad Gary
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5781

Abstract

The development of treatment or medical procedures is greatly utilized by humans to cure diseases and even to end a person's life or death. If a human experiences pain and there is no longer any hope for him to recover, plus several other factors that aggravate his situation, it can give rise to thoughts of ending his life. With advances in technology in the health sector, someone who can no longer stand the pain they are suffering from can ask a doctor to end their life. In medical terms, a person's request to a doctor to end their life because they can no longer stand the pain is usually called euthanasia. Lethal injection (Euthanasia) is the act of ending the life of a person who is experiencing very severe suffering (illness) and is medically incurable. This research aims to determine the regulations for lethal injection (euthanasia) from a positive health and legal perspective in Indonesia. The research method uses a normative juridical approach which is descriptive. Data sources consist of secondary data, namely primary, secondary and tertiary legal sources. The data collection method is literature study, then the data is analyzed qualitatively. Euthanasia, whether active or passive, is contrary to human rights. Doctors must not carry out any action that could take the patient's life, because the patient's health and safety is the highest law for doctors. Indonesia does not recognize the right to die as reflected in Article 461 of the Criminal Code, so a patient does not have the right to determine his death even if the request is based on the patient's sincerity
Co-Authors Amaliya, Lia Arafat, Zarisnov Ismayanti, Eli Muhamad Abas Nuraeni, Rini Nurahmad, Silvi Sartika Dewi