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Journal : Rechtsvinding

Legal Review of Criminal Law on Children as Victims of Human Trafficking (Study of Decision Number: 1824/Pid.Sus/2023/PN.Mdn) Marsally, Putri Ayu; Pratitis, Sugih Ayu; Harahap, Muslim
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.711

Abstract

Children are a vulnerable group that requires special legal protection, especially in cases of human trafficking. The research method used is normative juridical or library research, by analyzing library materials or secondary data relevant to the topic. This research is descriptive analytical, namely data obtained and processed and analyzed to provide a comprehensive picture of the legal regulations and law enforcement against children as victims of human trafficking as regulated in Article 2 and Article 3 of Law Number 21 of 2007 concerning TPPO and Article 455 - 257 of Law Number 1 of 2023 concerning the Criminal Code with data collection methods through document studies and interviews. Research Results Show that criminal law in Indonesia has strictly regulated the protection of children as victims of human trafficking, both through Law Number 35 of 2014 concerning Child Protection and Law Number 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking, then in Decision Number: 1824 / Pid.Sus / 2023 / PN.Mdn Shows the role of law enforcement officers is quite significant in enforcing the law and providing justice for child victims, although there are still challenges such as evidence, protection of witnesses / victims, and psychological recovery of children after the incident.
Criminal Law Enforcement Against Perpetrators of the Crime of Flying Hot Air Balloons (Study of Decision Number 114.Pid.B/2022/PN Mjy) Tarisa, Mona; Pratitis, Sugih Ayu
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1299

Abstract

Hot air balloon flights are considered as dangerous for aviation safety because they can interfere with air traffic and endangered aircraft, particularly when balloon materials risk being drawn into aircraft propellers. The Ministry of Transportation states that unauthorized hot air balloon flights may be subject to Article 411 of Law Number 1 of 2009 on Aviation, which provides for a maximum imprisonment of two years and a fine of up to IDR 500,000,000. This study examines the hot air balloon case decided in Decision Number 114/Pid.B/2022/PN Mjy, involving several defendants. The main legal issue concerns the judges' considerations in applying Article 411, given that the provision does not explicitly mention hot air balloons in its elements. Using normative juridical research based on secondary data and qualitative analysis, the study finds that the judges imposed criminal sanctions on the grounds that the defendants' actions violated Article 411 of the Aviation Law and Ministry of Transportation Regulation Number 40 of 2018. The defendants were sentenced to one month's imprisonment and a fine of IDR 1,000,000 each. However, ideally, criminal sanctions should not have been imposed due to the absence of explicit regulation of hot air balloons in Article 411
Criminal Law Enforcement for Children Who Perpetrated Hit-and-Run Accidents Resulting in Death in Traffic Accidents (Case Study Number 19/Pid.Sus-Anak/2024/PN.Mks) Ardiansyah, Nugra; Pratitis, Sugih Ayu
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1314

Abstract

A traffic accident is a sudden and unintentional incident on the road, involving a motorized vehicle and other road users, and causing human casualties and property damage. This study aims to analyze the enforcement of criminal law against children as perpetrators of hit-and-run accidents that result in death in traffic accidents. The research method used is a normative juridical approach with qualitative data analysis. The results show that the handling of children who commit hit-and-run crimes in Indonesia is regulated by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which emphasizes the principles of restorative justice, diversion, and the protection of children's rights. The role of parents, law enforcement officers, and the government is very important in prevention and response efforts. In practice, judges tend not to impose detention sentences to prevent children from being imprisoned.