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Empowering SDG 16: Electronics-Based Criminal Law Policy to Combat Sexual Violence in Indonesia Maskun, Maskun; Azisa, Nur; Munandar, M. Aris; Mirzana, Hijrah Adhyanti; Ab Rahman, Nurul Hidayat; Normiati, Normiati; Iskandar, Ismail; Mutawalli, Muhammad
Jurnal Hukum Novelty Vol. 14 No. 2 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i2.a26968

Abstract

Introduction to The Problem: Increasing cases of sexual violence, particularly against women, heighten concerns, prompting this group to be vigilant in self-protection. The lack of clarity on electronic-based sexual violence in the TPKS Law may lead to varied interpretations among law enforcement agencies. A normative study is crucial to discern the legislative intent and rationale, ensuring inclusion of these provisions in the TPKS Law. An ideal electronic-based criminal law policy is needed to universally safeguard victims, aligning with the principles of human dignity outlined in SDG 16 of the Global Agenda 2030.Purpose/Objective Study: This investigation sought to delineate the contours of Indonesia's legislative framework pertaining to electronic-based sexual violence within the ambit of criminal law policy. The significance of this inquiry lies in its inherent alignment with and contribution to the realization of Sustainable Development Goal 16, which fundamentally advocates for the promotion of peace, justice, and the fortification of robust institutional frameworks.Design/Methodology/Approach: The research method used is normative legal research with a statutory approach and qualitative analysis.Findings: Law Number 12 of 2022 addresses electronic-based sexual violence in Article 14(1) (a) and (b) but presents drawbacks, particularly concerning consensual consent. Recommending amendments to these articles is crucial to avoid discord with other regulations, striving for an optimal criminal law policy in Indonesia. Legal reforms should consider societal issues and contribute to effective law enforcement. Electronic-based sexual violence legislation must align with both expectations and realities, acknowledging the severity of the offense as a violation of human rights and a significant criminal act under SDG 16. The Indonesian government must establish and enforce laws to combat this activity, crucial for achieving SDG 16. Proposed amendments include introducing supplementary penalties, like revoking access rights to electronic media, to deter offenders.Paper Type: Research Article
IMPLEMENTASI PENEGAKAN HUKUM TINDAK PIDANA PERUNDUNGAN (BULLYING) OLEH ANAK DI KOTA WATAMPONE Fathurrahman Salewangeng, Muh. Hasby; Muhadar, Muhadar; Azisa, Nur
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.764

Abstract

From 2011 to 2015 at least 1,850 cases of bullying occurred at school and outside school. This research reviews two problems, How is the enforcement implementation of law enforcement of criminal disputes (bullying) by children in Watampone towns and any factors that hinder the implementation of law enforcement (bullying) by children in the city of Watampone. The kind of research used is empirical legal studies or research law sociological or research field law. Reviewed from the number of cases bullying by high-counted children despite efforts such as bullying-related counseling at school. This can be concluded that the case of bullying by the child was not found at the watampone state court compared to the number of cases existing. The factors that hamper law enforcement ( bullying ) perundungan crimes by children in a city watampone not run according to the rules and the law, the law enforcement, the facilities and infrastructure, the people and the culture. Reviewed by the enforcement factor of bullying by children in the city of Watampone, the surrounding environment should pay more attention to the behavior of children so that they do not trigger the occurrence of bullying by children.
Sistem Pemidanaan Tindak Pidana Narkotika dalam Perspektif Hukum Pidana Nasional Azisa, Nur; Adhyanti Mirzana, Hijrah; Saddam Rivanie, Syarif; Munandar, M. Aris; Hamdani Ramli, Rafika Nurul
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1840

Abstract

This research uses normative legal research methods with a focus on analyzing legal norms. This research aims to reveal the basic aspects of the formation of certain laws, by analyzing related laws using a statute approach. The sentencing system in Law Number 1 Year 2023 on the Criminal Code (National Criminal Code) presents significant changes, especially in special criminal offenses such as narcotics. The sentencing guidelines introduced in the National Criminal Code allow for broader considerations in imposing punishment, taking into account aspects of justice and humanity. The death penalty is regulated with leniency, giving judges a lot of consideration before making a decision. For drug offenders, the National Criminal Code provides rehabilitation sanctions, showing a more humane approach. Drug sentencing under the National Criminal Code reflects an integrative sentencing theory, which combines the principle of retribution with considerations of crime prevention and offender rehabilitation. This marks a change in the Indonesian criminal law system that prioritizes justice and humanity.
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PORNOGRAFI ANAK DALAM HUKUM POSITIF INDONESIA Rantjalobo, Stanzanusa; Azisa, Nur; Maskun, Maskun
Gorontalo Law Review Vol 7, No 1 (2024): Gorontalo Law Review
Publisher : Universitas Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32662/golrev.v7i1.2908

Abstract

Crimes of child pornography in Indonesia are becoming increasingly widespread and increasingly worrying. This is caused by the negligence of parents who do not supervise and provide education to children about the dangers of using the internet. So that this provides an opportunity for perpetrators of child pornography to commit all forms of unlawful acts against children as the target of perpetrators in creating child pornographic content so that the actions caused by the perpetrators must be accounted for according to the legal provisions set by the government. Even though the policies on the Pornography Law, the ITE Law, the Child Protection Law, and the Criminal Code have been stipulated by the government, it turns out that these policies are still not optimal in protecting Indonesian children from pornography crimes. This is because the concept of criminal responsibility in Indonesian positive law still uses the determination of the ability to be responsible in determining mens rea/the inner attitude of perpetrators of child pornography crimes. In addition, child pornography crimes are special crimes (Lex Specialis) so that child pornography liability needs to be studied whether child pornography crimes in the concept of criminal liability are regulated in special provisions or return to general provisions. So from these problems it is necessary to formulate the concept of criminal responsibility in Indonesian positive law, especially in dealing with perpetrators of child pornography, in order to suppress the rapid growth of these crimes and protect Indonesian children from perpetrators of child pornography.
Fulfilling the Rights of Restitution for Victims of Fraudulent Investment Fraud Azisa, Nur; Parawansa, Syarif Saddam Rivanie; Amri, Ulil; Darwis, Devian Yulansari
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.4341

Abstract

The fraudulent investment mode of fraud is carried out by the perpetrators with a fake fund collection program with the lure of large percentage returns and low risk, and does not require technical analysis to make a profit. For victims of fraudulent investment fraud, paying attention to the provision of restitution as a form of legal protection. In practice, law enforcers still pay little attention to efforts to fulfill restitution for victims who have suffered losses. The type of research used is normative research using a statutory approach and a case approach. As for now, arrangements regarding restitution in criminal acts have been regulated in several laws, but in practice, several factors influence them, including statutory regulations, judges' legal understanding factors, and victims' legal understanding factors, so that their implementation still relies on victims' initiatives to apply for restitution