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All Journal JURNAL CENDEKIA HUKUM Journal Justiciabelen (JJ) Law Development Journal Intellectual Law Review (ILRE) Jurnal Penelitian Hukum De Jure
Emaliawati, Emaliawati
Sekolah Tinggi Hukum Bandung
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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POLICY IMPLEMENTATION OF THE LOCAL GOVERNMENT REGARDING THE PROHIBITION OF PROPERTY AND IMMORAL CONDUCT Budi Heryanto; Emaliawati Emaliawati; Aji Mulyana
JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i1.348

Abstract

Prostitution is an activity of offering sex edgaged to people to be enjoyed in general or voluntarily in order to obtain a reward for that person's sexual satisfaction. However, prostitution activity violates the norms and values of society as seen in prostitution activities in Sukabumi Regency area which often disturbs the community. Therefore the regional government issued Regional Regulation Number 5 of 2015 concerning the Prohibition of Prostitution and Immoral Acts which are the result of public policies which are forms or types of legal provisions that must be implemented in society, but at the level of implementation it is still not optimal. The purpose of this study was to find out how the implementation of the Regional Regulation of Sukabumi Regency in carrying out the rules prohibiting prostitution and immoral acts. The implementation of this local government policy has not regulated well because of many factors that affect its implementation, both from the regulation itself, human resources, inadequate facilities and infrastructure.
SANKSI KEBIRI KIMIA DALAM KEKERASAN SEKSUAL TERHADAP ANAK: PERLINDUNGAN DAN KONTROVERSI HAM Saripudin, Iip; Zakaria, Chepi Ali Firman; Emaliawati, Emaliawati
Journal Justiciabelen (JJ) Vol 4, No 01 (2024): January
Publisher : Univeristas Suryakancana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35194/jj.v4i01.3871

Abstract

ABSTRAKKekerasan seksual terhadap anak adalah ancaman serius yang berdampak pada kehidupan anak dan keamanan masyarakat. Pemerintah Indonesia telah mengambil langkah serius dengan menetapkan sanksi pidana berat, termasuk kebiri kimia, untuk memerangi kejahatan ini. Penelitian menggunakan pendekatan yuridis normatif dengan menganalisis bahan hukum dan teori terkait kebiri kimia terhadap pelaku kekerasan seksual anak, dengan tujuan memahami penerapan sanksi ini demi kepentingan terbaik anak. Penelitian menunjukkan bahwa kekerasan seksual anak memerlukan respons hukum yang tegas, termasuk sanksi tambahan seperti kebiri kimia. Namun, efektivitas sanksi ini masih diperdebatkan terkait pencegahan kekerasan seksual berulang. Prosedur pelaksanaan kebiri kimia melibatkan evaluasi klinis dan rehabilitasi setelah pelaku menyelesaikan pidana. Meskipun diatur sebagai respons hukum, implementasi kebiri kimia memerlukan pertimbangan medis, sosial, dan hukum yang matang. Tujuan utamanya adalah mencegah kekerasan seksual berulang dan memberikan efek jera. Diperlukan langkah-langkah preventif kuat serta dukungan medis dan psikologis untuk melindungi anak-anak dari kekerasan seksual. ABSTRACTChild sexual abuse is a serious threat that impacts the lives of children and the security of society. The Indonesian government has taken serious steps by imposing severe criminal sanctions, including chemical castration, to combat this crime. The research uses a normative juridical approach by analyzing legal materials and theories related to chemical castration against perpetrators of child sexual abuse, with the aim of understanding the application of this sanction in the best interests of children. The research shows that child sexual abuse requires a firm legal response, including additional sanctions such as chemical castration. However, the effectiveness of this sanction is still debated in relation to preventing repeat sexual violence. The procedure for implementing chemical castration involves clinical evaluation and rehabilitation after the offender has completed the sentence. Although regulated as a legal response, the implementation of chemical castration requires careful medical, social and legal considerations. The ultimate goal is to prevent repeat sexual violence and provide a deterrent effect. Strong preventive measures and medical and psychological support are needed to protect children from sexual violence.
Defamation in the Digital Age: An Analysis of the Application of Restorative Justice under Indonesian Criminal Law Emaliawati, Emaliawati
Intellectual Law Review (ILRE) Vol 2 No 1 (2024): April
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v2i1.62

Abstract

The development of human civilisation is greatly influenced by advances in the field of communication and information, particularly through digitalisation. The negative impact of the freedom to access information and communication technology is also evident in the increasing number of cases of law violations through electronic media, including defamation. This research aims to examine how Indonesian criminal law handles defamation cases in the digital era, as well as the potential application of restorative justice in this context. The research questions include: how Indonesian criminal law handles defamation cases in the digital era; whether restorative justice can be applied in defamation cases, and how it is applied according to Indonesian criminal law; and how criminal liability for perpetrators of defamation in the digital era. The research method used is normative analysis through document studies and primary, secondary, and tertiary legal literature. The results of the research highlight the importance of understanding the criminal liability of defamation offenders under Indonesian criminal law. This research also explores the concept and application of restorative justice in defamation cases in the digital era, as well as its implications for the Indonesian criminal law framework.
Implementation of Criminal Responsibility for Perpetrators of Criminal Acts of Insulting the Sundanese Ethnic Group Through Internet Media Sujasmin Sujasmin; Emaliawati Emaliawati
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.%p

Abstract

The crime of insulting the Sundanese ethnic group is one of the most dangerous crimes of insulting Indonesian citizens, as the Sundanese ethnic group is a West Javanese tradition that reflects a democratic state. In the era of technological and information development (internet media), news spreads rapidly, and its spread can also lead to hostility and hatred between ethnic groups, religions, races, and groups (SARA). One example is Resbob's statement, which is suspected of being a criminal act of insulting the Sundanese ethnic group, and its news has spread, ultimately causing public unrest. This study aims to determine: 1. How to interpret the law regarding the crime of insulting the Sundanese ethnic group related to Resbob's statement and 2. How to apply criminal liability to the perpetrator for the crime of insulting the Sundanese ethnic group related to Resbob'sstatement. The results of this study, in the form of a legal interpretation of insulting the Sundanese ethnic group related to Resbob's statement, can use a historical interpretation of the law and a teleological/sociological interpretation. Insults against the Sundanese ethnic group are regulated under Article 28 paragraph (2), Article 45A paragraph (2) of the ITE Law, Articles 242-243 of the Criminal Code in conjunction with Law No. 1 of 2026, as a criminal act of insulting a population group. The application of criminal liability for the perpetrator in this case is reviewed based on a. the doctrine of cause and effect/individualization theory, b. the qualifications for offenses known as insulting a population group, c. the legal basis for the occurrence of other crimes in the ITE Law and the Criminal Code, and d. criminal liability based on the formulation of the crime in statements aimed at hostility towards individuals or groups based on ethnicity, religion, race, and intergroup relations (SARA).
Effectiveness of Social Work Sanction as a Substitute for Imprisonment in The Perspective of Sentencing Purposes Emaliawati Emaliawati; Bonarsius Saragih; Aji Mulyana
Jurnal Penelitian Hukum De Jure Vol 22 No 3 (2022): Edisi September
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2022.V22.325-336

Abstract

ABSTRACTImprisonment is a criminal sanction that eliminates the freedom of perpetrators with the aim of providing a deterrent effect so as not to commit criminal acts and improve behavior in order to become better human beings. In this study, problems were formulated regarding the effectiveness of social work sanctions as a substitute for imprisonment from the perspective of sentencing purposes. This study uses a normative juridical approach, with descriptive-analytical research specifications. The data used are primary data obtained through an analytical study of applicable laws, followed by concepts that have been carried out, and secondary data obtained through literature studies (references from various countries that have imposed social work sanctions), which are then analyzed utilizing a comparison between primary and secondary data qualitatively. From the study results the issue regarding the effectiveness of social work sanction as a substitute for imprisonment focuses on changing the behavior of the convict in reducing the level of crime in society and the effectiveness of social work punishment for criminals associated with the purpose of sentencing, it is used as an alternative for sentencing that is in line with the purpose of sentencing itself.
Co-Authors Aji Mulyana Bonarsius Saragih Budi Heryanto Chepi Ali Firman Z Dey Ravena Dwidja Priyatno Saripudin, Iip Sujasmin Sujasmin