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All Journal Diktum Ekoman: Jurnal Ekonomi, Bisnis Dan Manajemen Jurnal Studi Islam Indonesia (JSII)
Mukhidin
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Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perlindungan Hukum Bagi Anak Sebagai Korban Kekerasan Seksual Incest Dalam Perspektif Viktimologi Saputri, Berliana Gina; Siswanto, Siswanto; Khamim, Mohammad; Pratama, Erwin Aditya; Mukhidin
Diktum: Jurnal Ilmu Hukum Vol. 13 No. 1 (2025): Mei
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/hj6g2j78

Abstract

Sexual violence is an act of coercion by the perpetrator on his victim. Children as victims suffer mental loss that is disturbed and has excessive fear. this violence occurs in the private sphere (family), even though the family sphere is always considered as a safe place for children. Based on this, it can be drawn what are the factors that cause the occurrence of rape against children in the family sphere (incest) and how efforts in the protection of the law against children as incest victims according to the perspective of Viktimology. This research method uses normative research , the purpose of this research is to find out the factors that cause sexual violence in children and also to know what efforts can be given in child protection. The result  of  the discussion  that the causative factor consists of  two  factors, namely the external and internal factors. Factors of close relationship between victims and perpetrators can be the cause of sexual violence. As for environmental factors that are not good can be one of the other factors. Therefore, it is necessary to protect the child so that the child receives his rights and what the child needs. In Law No. 23 of 2002 on Child Protection has regulated the rights of children.
Rekonstruksi Pembangunan Hukum Indonesia melalui Pembaruan Asas-Asas Pembentukan Peraturan Perundang-Undangan (Analisis Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 dalam Perspektif Hukum Responsif) Imam Asmarudin; Erwin Aditya Pratama; Mukhidin
Diktum: Jurnal Ilmu Hukum Vol. 13 No. 2 (2025): November
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/a94zcs74

Abstract

This study examines the urgency of reconstructing the principles governing legislative drafting in Indonesia in light of the Constitutional Court’s formal review of the Job Creation Law, particularly concerning the omnibus law model. The research addresses two central issues: (1) the implications of the Constitutional Court’s formal review decision for the legislative drafting process; and (2) whether the principles stipulated in Article 5 of Law No. 12 of 2011 on Law-Making are adequate to ensure legal certainty within Indonesia’s dynamic legislative framework. This research employs a normative juridical method, utilizing statutory and conceptual approaches, and is analyzed through a prescriptive legal framework. The findings indicate that the high frequency of judicial review, the phenomena of overregulation, regulatory overlap, and normative disharmony reflect the absence of anticipatory and responsive dimensions in the legislative process. The Constitutional Court’s decision, including the presence of dissenting opinions, underscores the necessity of more adaptive procedural standards capable of responding to evolving legal and societal demands. This study proposes the reconstruction of Article 5 of Law No. 12 of 2011 by incorporating anticipatory and responsive principles as normative instruments to enhance legislative quality and strengthen legal certainty. The scholarly contribution of this research lies in the conceptual formulation of integrating anticipatory and responsive principles into the framework of national legal development.
Co-Authors Erwin Aditya Pratama Erwin Aditya Pratama Imam Asmarudin Kanti Rahayu Khamim, Mohammad Nurhayati S Siswanto Saputri, Berliana Gina Zulfa Mufida