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Handoyo Prasetyo
Universitas Pembangunan Nasional Veteran Jakarta
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Pertanggungjawaban Hukum Terhadap Anak Yang Melakukan Tindak Pidana Pembunuhan : (Studi Kasus Putusan No. 3/PID.Sus-Anak/2022/PN BNT) Difqa Alvi Ramadhandiko; Rara Siti Sandiah; Anissa Nabilla; Nabila Putri Adelita; Handoyo Prasetyo
Sosial Simbiosis : Jurnal Integrasi Ilmu Sosial dan Politik Vol. 1 No. 3 (2024): Agustus : Sosial Simbiosis : Jurnal Integrasi Ilmu Sosial dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The phenomenon of children dealing with the law with their position as perpetrators is increasingly troubling the community, especially children who are perpetrators of murder. In this case there are two conflicting legal norms related to children's responsibility and children's rights in obtaining legal protection. The purpose of this study is to determine the form of child responsibility in terms of the Juvenile Justice System Law and to find out the solution in handling cases of children who become perpetrators of criminal acts without overriding their rights based on the case in decision No. 3/Pid.Sus-Anak/2022/PN Bnt. The method used is a normative juridical approach. The research was conducted by utilizing secondary data in the form of court decisions and other literature studies. The results showed that based on the Juvenile Justice System Law, the judicial process involves various competent parties and focuses on education and rehabilitation, with lighter sanctions and educational in nature. In the case of the Decision, the child was sentenced to 9 years and 6 months imprisonment in LPKA. In addition, not only punishment, but children are also given the necessary guidance and education as a form of fulfillment of their rights in order to improve their behavior.
Tinjauan Hukum Mengenai Tenaga Kerja Indonesia (TKI) Illegal yang Terjadi di Indonesia Setyarini, Astri Dewi; Prasetyo, Handoyo
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12551820

Abstract

Problems related to Indonesian Workers (TKI) stem from the ineffective management of companies that distribute TKI. The lack of education of prospective migrant workers makes them vulnerable to fraud. Low understanding of the rules for working abroad is also a serious problem. Government protection for migrant workers is regulated in law, but there are still shortcomings in its implementation. Solutions to overcome this problem include improving recruitment, providing training to prospective migrant workers, and making agreements with the destination countries for migrant workers. Legal protection for migrant workers needs to be strengthened, including for domestic helpers who are vulnerable to exploitation. Current labor laws do not provide adequate protection for them. Improvements in legal protection for migrant workers and domestic helpers need to be made both domestically and abroad.
Strategi Penegakan Hukum Internasional Dalam Menanggulangi Perdagangan Narkotika Lintas Negara Melalui Jalur Maritim Aurelita, Mira; Prasetyo, Handoyo
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12526244

Abstract

The era of globalization accompanied by technological advances and connectivity between countries opens opportunities for the development of transnational crimes, one of which is narcotics trafficking. In recent years, the global narcotics trade has undergone a significant shift. International syndicates have begun to utilize maritime and water routes as the main distribution route, shifting the focus from the previously dominant land route. This research aims to find out what factors cause the large number of transnational narcotics trafficking through maritime routes and how a comprehensive and integrated international law enforcement strategy to tackle narcotics trafficking through maritime routes. This type of research is normative juridical with a statutory approach and case approach, as well as a literature study method. The result of this research is that factors such as ease of access, sophisticated technology, weak supervision, and economic factors provide a wide gap for drug traffickers. International legal instruments such as UNTOC and the 1988 UN Convention provide a foundation for cooperation and maritime law enforcement. However, high levels of state commitment and close international cooperation are required to overcome these challenges.
Pertanggungjawaban Pemerintah Terhadap Mahasiswa Indonesia Korban Eksploitasi Program Magang Ferienjob di Jerman Nurfajriana, Syifa; Prasetyo, Handoyo
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11666797

Abstract

Universities must design innovative learning to optimize student attitudes, knowledge, and skills. One of them includes the internship program at the Merdeka Campus. However, some parties abuse this situation resulting in the exploitation of students in the Ferienjob Internship Program in Germany. The aim of this research is to determine the government's responsibility towards students in the Ferienjob Internship Program in Germany. The research method used is normative research. This criminal act of human trafficking (TPPO) began with the socialization of the Ferienjob program at various universities by PT Cvgen and PT Sinar Harapan Bangsa (SHB). The perpetrators attract potential participants with tempting promises, such as stating that this internship program equals 20 college credits. The human trafficking case has involved several parties, both the government and the target company, so the government must be responsible for providing protection to the victims. The criminal act of trafficking in persons (TPPO) involves many parties, and students are exploited economically and energetically, so the government has a big responsibility to provide adequate protection. The author suggests that the government immediately develop special regulations for international internship programs for vocational and non-vocational students.
Maraknya Tenaga Kerja Asing Ilegal di Indonesia Sebagai Akibat Lemahnya Pengawasan Ketenagakerjaan Pranitiaz, Laras Medina; Wibowo, Hanifah Fairuz; Putri, Nasywa Awalia; Dewanti, Tyur Regina; Prasetyo, Handoyo
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11779827

Abstract

The existence and increase in the quantity of Foreign Workers (TKA) in Indonesia has given rise to a lot of debate that has spread in society, especially for workers. So that in certain conditions it can actually give rise to various problems, including violations of the residence and work permits of foreign workers, often in their passports it is written that the permission given by the Indonesian government and immigration authorities is for them to work as foreign workers in Indonesia. position and certain period of time, not just as a tourist. The research conducted by the author is a type of normative juridical research. Normative law focuses on legal concepts, principles and legal rules. Normative legal research focuses on positive legal norms such as statutory regulations. Apart from that, in principle this research also comes from secondary legal materials.. The research results show that the influx of foreign workers (TKA) into Indonesia hampers economic growth, reduces employment opportunities, and reduces the wage level of local workers. Law enforcement is carried out by checking, inspecting and providing sanctions for TKA violations. Administrative sanctions in the form of a fine of IDR 6-36 million in accordance with PP No. 34 of 2021. Apart from that, the sanction for illegal foreign workers is in the form of deportation. Preventive and educational efforts are carried out through outreach to companies regarding the rules for employing foreign workers.
Eksekusi Mati Dalam Perspektif Hukum Pidana Internasional dan Penerapannya di Indonesia Fikrie, Safina Nabila; Prasetyo, Handoyo
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12547249

Abstract

This article examines death executions from the perspective of international criminal law and its application in Indonesia considering that there are still clashes or conflicting norms in implementing them in Indonesia. The research method used is the Normative Juridical research method. Normative Juridical Research is a legal research method carried out by examining library materials or mere secondary materials. This research approach is a statutory and case approach. This approach is carried out by examining laws and cases related to the legal issues being studied. In this case the author refers to Law Number 1 of 2023 concerning the Criminal Code, Declaration of Human Rights, and the International Covenant on Civil and Political Rights (ICCPR). The research results show that the implementation of death executions in Indonesia faces complex challenges, especially due to international pressure related to human rights. Many countries and international organizations have criticized the death penalty as a violation of the right to life, including Amnesty International and Human Rights Watch. Indonesia's commitment to international treaties, such as the International Covenant on Civil and Political Rights (ICCPR), adds to the dilemma of balancing international compliance with national law. Differences between national laws that allow the death penalty for serious crimes, such as narcotics and terrorism, and international standards that encourage restrictions on the death penalty also complicate the situation.
Implikasi Hukum dari Tindak Kejahatan Anak di Bawah Umur: Analisis Kasus Bullying di Pondok Pesantren Al-Hanafiyah Kediri Sachmaso, Hana Humaira; Harsanti, Khairunnisa Putri; Izzati, Aulia Putri; Fawwaz, Razky; Prasetyo, Handoyo
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11849919

Abstract

Bullying is defined as the abuse of power by an individual or group against a weaker party, which causes physical, psychological or social suffering to the victim. Based on Law Number 35 of 2014, bullying against children is a criminal act with heavy legal sanctions. A case study of students in Kediri who died as a result of abuse at the Islamic boarding school shows the serious impact of bullying. This research uses normative juridical methods to analyze regulations and legal protection for victims of bullying, as well as legal implications for perpetrators who are still minors. The findings show that lack of supervision and wrong parenting patterns contribute to the high number of bullying cases in Islamic boarding schools. To prevent similar incidents, a restorative justice approach and collaboration between the government, schools and the community is needed to protect children from violence.
Tinjauan Pengaturan Mengenai Pemenuhan Hak Anak Sebagai Korban Kejahatan Asusila di Indonesia Rinanti, Pitra; Sigiro, Talenta Ribka; Alifiandra, Muhammad Reiza; Fadhillah, Muhammad Arif; Prasetyo, Handoyo
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11962817

Abstract

When discussing sexual crimes against children, it is not only about the concept of sexual offenses but also about the nature of perpetrators and victims and how society and law enforcement handle such crimes. Data shows that cases of sexual crimes against children are increasing, indicating that children still frequently fall victim to sexual crimes. This proves that it is difficult for children to feel safe and unaffected by sexual crimes. In this study, the author uses a normative juridical research method that is qualitative in nature, which relies on a legal norm existing in legislation, accompanied by norms that have developed in society. This research is descriptive-analytical, meaning the author elucidates the legislation related to various legal theories that are the object of research. The Criminal Code (KUHP) has regulated sexual offenses in Chapter XIV, which covers 20 criminal law provisions divided into the material of indecency in public, such as acts of openly violating decency, dissemination of indecent material, facilitating access to indecent material, and adultery. The Criminal Code also regulates acts of molestation, rape, indecent acts related to abortion or pregnancy prevention, and acts of indecency. Comprehensive regulations regarding the rights of children as victims of sexual offenses in Indonesia have also been stipulated in Law Number 23 of 2002 Concerning Child Protection and related articles in the Criminal Code.
Upaya Perlindungan Hukum dan Pemulangan Dalam Kasus Tindak Pidana Perdagangan Orang di Myanmar (Legal Protection And Return Efforts of Human Trafficking People In Myanmar Cases) Sabrina, Fadiah Tarisa; Prasetyo, Handoyo
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12547373

Abstract

Everyone desires a prosperous life, but challenges in the modern era are increasingly diverse, encompassing economic, educational, and cultural issues. Poverty and low education levels are the main drivers for people to improve their welfare. In 2016, more than 9 million Indonesian migrant workers were recorded working abroad, contributing remittances amounting to Rp 118 trillion. The majority of migrant workers come from poor rural areas with low education levels, and many work non-procedurally. This condition is often exploited by human traffickers. Human trafficking is a transnational crime that occurs across borders. In Indonesia, this crime is regulated by Law No. 21 of 2007 on the Eradication of the Crime of Human Trafficking, which provides protection and restitution for victims. However, law enforcement is still lacking. Southeast Asia is a region with high human trafficking activity, where ASEAN and the UN have made agreements to address it. The recent case in Myanmar shows the gap between regulations and practices on the ground. Several Indonesian citizens were smuggled into Myanmar, deceived, forced, and exploited. The Indonesian government is trying to repatriate them, but it is hampered because the online scamming company is located in a conflict area. This shows that despite various legal instruments, there are still significant challenges in law enforcement related to human trafficking.
Perlindungan Hukum Bagi Masyarakat Indonesia Yang Menjadi Korban Perdagangan Manusia di Luar Negeri Putri, Amelia; Prasetyo, Handoyo
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12548815

Abstract

Indonesia is a country of law, all actions in Indonesia are regulated and bound by law. Human trafficking takes the form of an organized criminal act which is carried out using both conventional methods such as persuasion from labor recruiters at the village level to modern methods. The practice of human trafficking has become a crime that takes many victims from the public, especially people who have low incomes and low levels of education. In Indonesia, human trafficking takes the form of a crime that has the aim of sexual exploitation, domestic servants, housemaids, migrant workers, child labor, and arranged marriages. The end result of these crimes is that the victims are forced to work under poor working conditions and for inadequate wages. Cases of criminal acts have attracted public attention recently, this is also what attracted the attention of the writer to explore further the case of Indonesian citizens suspected of being victims of criminal acts of human trafficking in Myanmar. The research method used in this research is qualitative. To obtain the data needed in this research, the author conducted library research. Literary research is carried out to obtain secondary data by studying regulations, literature, including general references such as books, journals and so on. Factors that trigger the crime of human trafficking in Indonesia include poverty, education, lack of access to information, early marriage and divorce, difficulty finding work and so on.
Co-Authors Abdallah, Raffi Ikzaaz Abdul Haris Nafis Abdul Kolib Achmad Firdaus Afdhali, Dino Rizka Afifah, Dashilfa Aissyah Lintang Pramudya Aisyah, Rizka Rahadiyani Aji Lukman Ibrahim Akhmad Kautsar Fattah Alejendra Anjani, Axara Alifiandra, Muhammad Reiza Alreindra Pradityo Wahyu Alvaro Achmad Rabbani, Radiyya Amanda Cherly Nasution Angel Evelin Anissa Nabilla Anjani Nurdin, Aulia Apriyandi, Ryan Ardiana, Oktavia Dwi Arfah Naila Rahmah Aristias, Adinda Arsensius, Ricarda Atik Winanti Aurelita, Mira Avridha Riyanti Maharani Ayyasy, Rofi Azizah Arfah Azkia Nur Aulia Azzahra, Dinda Azzahra, Nabila Adifia Bambang Waluyo Bambang Waluyo Bayu Aji Adhyarsa Beniharmoni Harefa Bintang A, Immanuel Given Darosyifa, Tasya Darto Darto Darto Supadmo Dedin F. Rosida Dewanti, Tyur Regina Difqa Alvi Ramadhandiko Dwi Winda Lestari Edward Benedictus Roring Enina Wika Vetricha Wulandari Erni Agustin Erwan Budi Herianto Fabhian Halky Syahir Fadhillah, Muhammad Arif Fahrozi, Muhammad Helmi Falevi, Yunizar FANDY GULTOM Fauzan, Anis Fawwaz, Razky Febriyanto, Bagas Ferdiansyah, Diva Salsabila Fetty Tri Anggraeny Fikrie, Safina Nabila Gabriella, Theresia Ghifary, Fathan Muhammad Ghina Rhoudotul Jannah Halim, Wahidul Halomoan, Febrian Handar Subhandi Bakhtiar Hanifah, Nida Syahla Harsanti, Khairunnisa Putri Haryanto, Imam Hendra Parulian Heru Sugiyono Irwan Triadi Iswanti Rachmanisa Izzati, Aulia Putri Jaury Douglas Pardomuan Jonathan Andreas Sitorus Kholib, Abdul Khoyron Nasir, Tomi Kusuma, Aditama Candra Laksmana Triwiraputra, Ega Limbong, Albert Sintong Lois, Ariel Lulu Mufidah Mahameru, Danil Erlangga Mahardika, Agus Manullang, Imelda Arthameisia Manurung, Karina Hasiyanni Maulida Fitriani Michael Giovanni Joseph Milda, Nofi Mohammad Haikal Rasyid Muhammad Athaya Primananda Muhammad Bintang Firdaus Muhammad fauzan Mutaqin, Fadzal Nabila Putri Adelita Nada Prima Dirkareshza Nadjima, Aulia Rachmatullah Narindra, Rochella Amalia Natalia, Imelda Hera Nefrisa Adlina Maaruf Noerman, Chiquita Thefirstly Novyana, Hilda Nurfajriana, Syifa Nyndhya, Rozzyana Pakpahan, David Roger Julius Pasah, Marip Pranitiaz, Laras Medina Putra, Alfarel Endito Putri Azzuri Putri Mufidah Putri Sejati, Presyta Nurhalida Putri, Amelia Putri, Nasywa Awalia Qinthara, Alika Faza Rahardi, Andriyan Raihan Wibowo Raka Haikal Anfasya Rania Syifa Busroni Rara Siti Sandiah Rildo Anuar Sihite Rinanti, Pitra Riyawan, Dara Puspita Rizal Ananda Gibran Rohmah Dwi Cahyanigsih Roring, Edward Benedictus Sabrina, Fadiah Tarisa Sachmaso, Hana Humaira Salles, Sergio Saputra, Dhimas Setya, Clarita Ayu Putri Setyarini, Astri Dewi Sigiro, Talenta Ribka Singh, Rakhbir Siti Zubaidah Slamet Tri Wahyudi Subakdi Subakdi, Subakdi Sukma, Nina Fitria Supadmo, Darto Supardi Supardi Supardi Surahmad Surahmad, Surahmad Suzeeta, Nala Syandhira Syabilal Ali Syah, Aurellia Zerikha Syahda Mauldiyani Syifa, Nada Tamir A, Sulthan Muhammad Tesalonika, Ligina Vedita Akbar Vinka Arzetta Fiana Wahyu S.J. Saputra Wibowo, Hanifah Fairuz Wijaya, Deni Yanathifal Salsabila Anggraeni