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Darlisma

ITS Khatulistiwa Yayasan Pendidikan Pasaman

Author-ID : 2238248

Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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THE CRIME OF SAME-SEX ABUSE AGAINST MINORS (JURIDICAL ANALYSIS OF LUBUK SIKAPING STATE COURT RULING NUMBER 16/PID.SUS/2022/PN LBS) Darlisma, Darlisma; Fauzia Zainin; Jasmalinda, Jasmalinda
Journal of Social and Economics Research Vol 7 No 1 (2025): JSER, June 2025
Publisher : Ikatan Dosen Menulis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/jser.v7i1.766

Many cases are found in public life, in the mass media, both in print and electronic media regarding crimes and sexual violence, especially against minors. Obscenity is a sexual crime or disgraceful act that often occurs in society. Obscene acts are all acts that violate decency or are heinous acts that are in the nature of lust or sexual lust. Same-sex sexual abuse is an act that violates decency or decency, or it can also be a vile act that falls within the scope of genital lust, which is committed against people of the same sex, namely between men and men or between women and women. The purpose of this research is to examine the application of criminal law against perpetrators of criminal acts of same-sex sexual abuse of minors in Decision Number 16/Pid.Sus/2022/PN Lbs and to examine the basic legal considerations for judges in imposing criminal sanctions against perpetrators of same-sex sexual abuse of children. underage (juridical analysis of Lubuk Suhuing District Court Decision Number 16/Pid.Sus/2022/PN Lbs). The research carried out is empirical legal research using a sociological juridical approach method by taking primary data, namely from data taken in the field, through interviews with interested parties or respondents and secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the research, it was found that in the application of criminal penalties to perpetrators of the crime of same-sex sexual abuse of minors in Decision Number 16/Pid.Sus/2022/PN Lbs at the Lubuk Suhuing District Court, the panel of judges sentenced them to prison for 11 (eleven) months. The basis for legal considerations for judges in imposing criminal sanctions on perpetrators of criminal acts of same-sex sexual abuse against minors, namely the statements of witnesses, the defendant's statement, letters, instructions and the judge paying attention to the legal facts in the trial. When providing legal considerations to impose criminal sanctions on perpetrators, the panel of judges should pay attention to the elements of justice and benefit, so that they can have a deterrent effect on the defendant or convict and on other people in the community so that it is not easy for them to commit criminal acts like this case. The community, especially parents, should increase their awareness of their children and it is hoped that the community will increase their faith and devotion to Allah SWT in order to avoid wrong actions and bad intentions. Key words: criminal acts, sexual abuse, same sex, minors

THE CRIME OF SAME-SEX ABUSE AGAINST MINORS (JURIDICAL ANALYSIS OF LUBUK SIKAPING STATE COURT RULING NUMBER 16/PID.SUS/2022/PN LBS) Darlisma, Darlisma; Fauzia Zainin; Jasmalinda, Jasmalinda
Journal of Social and Economics Research Vol 7 No 1 (2025): JSER, June 2025
Publisher : Ikatan Dosen Menulis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/jser.v7i1.766

Many cases are found in public life, in the mass media, both in print and electronic media regarding crimes and sexual violence, especially against minors. Obscenity is a sexual crime or disgraceful act that often occurs in society. Obscene acts are all acts that violate decency or are heinous acts that are in the nature of lust or sexual lust. Same-sex sexual abuse is an act that violates decency or decency, or it can also be a vile act that falls within the scope of genital lust, which is committed against people of the same sex, namely between men and men or between women and women. The purpose of this research is to examine the application of criminal law against perpetrators of criminal acts of same-sex sexual abuse of minors in Decision Number 16/Pid.Sus/2022/PN Lbs and to examine the basic legal considerations for judges in imposing criminal sanctions against perpetrators of same-sex sexual abuse of children. underage (juridical analysis of Lubuk Suhuing District Court Decision Number 16/Pid.Sus/2022/PN Lbs). The research carried out is empirical legal research using a sociological juridical approach method by taking primary data, namely from data taken in the field, through interviews with interested parties or respondents and secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the research, it was found that in the application of criminal penalties to perpetrators of the crime of same-sex sexual abuse of minors in Decision Number 16/Pid.Sus/2022/PN Lbs at the Lubuk Suhuing District Court, the panel of judges sentenced them to prison for 11 (eleven) months. The basis for legal considerations for judges in imposing criminal sanctions on perpetrators of criminal acts of same-sex sexual abuse against minors, namely the statements of witnesses, the defendant's statement, letters, instructions and the judge paying attention to the legal facts in the trial. When providing legal considerations to impose criminal sanctions on perpetrators, the panel of judges should pay attention to the elements of justice and benefit, so that they can have a deterrent effect on the defendant or convict and on other people in the community so that it is not easy for them to commit criminal acts like this case. The community, especially parents, should increase their awareness of their children and it is hoped that the community will increase their faith and devotion to Allah SWT in order to avoid wrong actions and bad intentions. Key words: criminal acts, sexual abuse, same sex, minors

LEGAL EVALUATION OF THE ASSIMILATION AND CONDITIONAL LEAVE PROGRAM FROM THE PERSPECTIVE OF PUNISHMENT OBJECTIVES Siska Amelya; Rise Karmilia; Hendri; Darlisma
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 8 (2025): JULY
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v4i8.1058

Assimilation and conditional leave programs are two important instruments in the Indonesian correctional system, serving as a form of punishment outside of correctional institutions. This article evaluates the validity and effectiveness of these two programs from the perspective of modern sentencing objectives: retribution, deterrence, rehabilitation, and social reintegration. Using a normative juridical approach and policy analysis, this paper examines how assimilation and conditional leave are implemented and the extent to which they reflect the principles of justice and the effectiveness of criminal law. The study reveals that although normatively these programs support the goals of progressive sentencing, in practice, legal and administrative obstacles still exist that hinder the achievement of effectiveness and substantive justice.

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