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All Journal Brawijaya Law Journal : Journal of Legal Studies International Journal of Business, Law, and Education
Sulistyo, Faizin
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Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Pornography and Sexual Crimes towards Children in Indonesia: A Judicial Approach Sulistyo, Faizin; Manap, Nazura Abdul
Brawijaya Law Journal Vol. 5 No. 2 (2018): The Role of State in Contemporary Legal Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2018.005.02.09

Abstract

Pornography and sexual crimes against children are two forms of crime in Indonesia. Both of these crimes in various cases have a linkage with each other, whether one of which is a crime or pornography becomes a criminogenic factor for the onset of sexual crimes against children. The review in this article attempts to look at the approach used by judges in deciding cases of sexual crimes against children that correlate with pornographic crimes. This research employs normative juridical research using legislation and case approach.The results of the review found that, in sum, there are two model of approach used by the Court in deciding criminal cases, especially pornography related to sexual crimes, which include the approach in understanding and assesing cases; and theories of punishment approach. While the rfirst model of approach emphasizes on the understanding the impact of the action, the secodn model look more at the retaliation, prevention, combination and contemporary approach. It is further argued that those two models are not necessarily used separately. The combination of the two models can also be employed, such as in the case of Tanjung Pati District Court's Ruling no. 58 /Pid.B/ 2011 /PN.Tjp. In fact, in the case, the judges combine several approaches in deciding cases and punishing defendants. It is submitted that the objective of a judge is crucial since the objectivity resulted in a fairer verdict for the victim, the community or the perpetrator himself.
Comparative Study of Legal Regulations on Cannabis in the Netherlands with Indonesia Rais, Muh Irham; Sulistyo, Faizin; Ruslijanto, Patricia Audrey
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.823

Abstract

Cannabis as a plant that has the potential for medical use, has attracted the attention of various countries in regulating its laws. This study aims to conduct a comparison between the legal regulation of cannabis in the Netherlands and Indonesia, especially in the context of medical utilization. The global paradigm shift towards the use of cannabis for medical purposes is one of the driving factors to understand the differences and similarities in legal approaches between the two countries. Using a comparative analysis method, this study identifies significant differences in the approach to cannabis regulation between the two countries and analyzes the urgency of legal reform in Indonesia. Factors such as patient safety, the development of medical research, and the Netherlands' experience in implementing medical cannabis regulation are important points for consideration of legal reform in Indonesia. The results of this study are expected to contribute to the discussion of legal reform in Indonesia regarding the medical use of marijuana. The conclusions and recommendations generated from this study are expected to be a foothold for wise decision-making in formulating legal policies related to cannabis in order to increase its utilization in the medical field in Indonesia.
Co-Authors Nazura Abdul Manap Patricia Audrey Ruslijanto Rais, Muh Irham