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Peran LSM LPA dalam Melindungi Hak Anak Down Syndrome Korban Kekerasan Seksual di Deli Serdang Dicky Kurniawan; Hairani Siregar
WISSEN : Jurnal Ilmu Sosial dan Humaniora Vol. 3 No. 4 (2025): November : WISSEN : Jurnal Ilmu Sosial dan Humaniora
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/wissen.v3i4.1254

Abstract

Sexual violence against children is a highly complex issue with profound negative impacts on both the victims and their social environment. Children with disabilities, particularly those with Down Syndrome, are among the most vulnerable to such abuse due to their physical and cognitive limitations. Given this context, the role of non-governmental organizations (NGOs) such as the Child Protection Agency (LPA) becomes crucial. LPA plays a vital role in providing support, advocacy, and assistance to child victims of sexual violence, especially those with disabilities. This study aims to examine the protective role of LPA in assisting children with Down Syndrome who have become victims of sexual violence in Deli Serdang Regency. Using a qualitative method with a phenomenological approach, the research explores and interprets the lived experiences of informants involved in the cases. The study also highlights the implementation of the four child protection principles as applied by the LPA. The findings show that LPA fulfills its protective role by providing legal assistance, psychosocial support, and ensuring the safety of the victims. The organization successfully implemented the four child protection principles, resulting in a 12-year prison sentence for the perpetrator and justice for the victim. The study recommends increasing LPA staff capacity to enhance the quality of services provided.
Relevansi Delik Pengancaman dalam Penyelesaian Utang Piutang terhadap Pertanggungjawaban Pidana Pelaku (Studi Putusan Nomor: 1221/Pid.B/2024/PN TJK) Benny Karya Limantara; Dicky Kurniawan
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8859

Abstract

Although the criminal offense of threats has been extensively examined in criminal law scholarship, studies that specifically explore its relevance in the context of debt settlement and its relationship to the offender’s criminal liability remain relatively limited. In judicial practice, debt disputes frequently escalate into criminal cases due to the use of threats as a means of debt collection, thereby necessitating more in-depth analysis. This study aims to analyze the relevance of the offense of threats in the settlement of debt and credit relationships and the criminal liability of the offender based on Decision Number 1221/Pid.B/2024/PN Tjk. A qualitative approach was employed with a normative legal research design and case study strategy, using primary, secondary, and tertiary legal materials selected through purposive sampling. Data were collected through library research and document study of court decisions and relevant legislation, then analyzed using descriptive juridical and argumentative juridical analysis. The findings show that although the case originated from a civil legal relationship in the form of debt and credit, the defendant’s conduct fulfilled the elements of the offense of threats as stipulated in Article 335(1) of the Indonesian Criminal Code (KUHP), thereby justifying the imposition of criminal liability on the perpetrator. These findings contribute to strengthening the theory of criminal liability and clarifying the boundary between civil disputes and criminal acts. The study concludes by emphasizing the importance of caution in the use of criminal law to avoid the criminalization of civil disputes while ensuring adequate legal protection for victims, and it opens opportunities for further research through empirical approaches and comparative analysis of court decisions.