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Journal : Journal of Legal and Cultural Analytics (JLCA)

The Urgency of Legal Protection For Child Victims of Economic Exploitation by Parents in Cirebon Regency Saefulloh, Asep Aep; Juanda, Ferdy Adrian; Ramadhan, Galuh; Henda, Raden; Nurhaqi, Ari
Journal of Legal and Cultural Analytics Vol. 4 No. 2 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i2.14365

Abstract

Economic exploitation of children by parents is a form of human rights violation that requires comprehensive legal protection. This study aims to assess the urgency of legal protection for child victims of economic exploitation in Cirebon Regency. Methods, Using a juridical-empirical approach. Various laws and regulations have guaranteed child protection, such as Law Number 35 of 2014 concerning child protection. However, the reality on the ground shows that there are still cases of child exploitation carried out by parents, especially in the Plered District. This finding was obtained from interviews with the Cirebon Regency social service and the direct perpetrators. The study's results show that even though regulations are in place, their implementation is still weak due to limited supervision and a lack of legal awareness among the public. Therefore, institutional strengthening and legal education are needed to prevent the economic exploitation of children more effectively.
Juridical Analysis of the Normative Gap in the Summoning of A Charge and A De Charge Witnesses in Indonesia Manurung, Arthur Kusuma Atmaja; Prasetyawan, Tegar Eka; Setiawan, Frans; Rahman, Alip; Nurhaqi, Ari
Journal of Legal and Cultural Analytics Vol. 4 No. 2 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i2.14498

Abstract

The Public Prosecutor, as the representative of the State, holds dominant authority in regulating the course of criminal trials (dominus litis). The role of the Prosecutor inevitably places them in direct opposition to the interests of the Defendant. This clearly demonstrates a disparity in how the law treats the summoning of witnesses: while the Prosecutor’s witnesses are compelled by law, those of the Defendant are not equally supported or guaranteed by the legal framework. As a result, the Defendant’s right to present mitigating witnesses remains a theoretical entitlement (lex scripta) without enforceability. This research conducts a normative juridical analysis of relevant legal texts, scholarly literature, and journal sources. A significant imbalance is evident in the process of summoning witnesses those summoned by the Prosecutor aim to incriminate (a charge), while those proposed by the Defendant seek to mitigate or exculpate (a de charge). Incriminating witnesses are bound by legal obligations and face sanctions under Article 224 in conjunction with Article 552 of the Indonesian Penal Code if they fail to appear, and their testimony is considered valid evidence in court. The findings indicate that this legal imbalance significantly affects the objectivity of criminal proceedings, often leading to a tendency to disadvantage the defendant. In contrast, exculpatory witnesses are treated merely as a "right" of the Defendant, without any enforceable obligation to appear, as no legal consequences exist for their absence.