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Pemidanaan Terhadap Anak Pelaku Kekerasan Seksual dalam Perspektif Rehabilitasi Psikologis Sayib Fauzi Adiansyah; Fanny Tanuwijaya; Yusuf Adiwibowo
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 2 (2025): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v7i2.6597

Abstract

Children are a vulnerable group when children commit acts of sexual violence because of factors or causes such as environmental influences, past trauma, and post-incident trauma, so that with these influences and traumas children experience mental and psychological disorders, if not handled with an approach that can touch the child's mental and psychological, then it is likely that the child will be a recidivist. This study uses a normative juridical type with a statutory, conceptual, case, and comparative approach, legal materials are obtained from qualitative methods. The results of the study indicate that psychological rehabilitation is urgently applied because this approach is considered to be able to overcome mental and psychological disorders of children who commit sexual violence so that children recover from the disorders faced by children so that children do not become recidivists. Referring to the Netherlands and Sweden which implement psychological rehabilitation with high success rates. So the future regulations in Indonesia to handle children who commit sexual violence are to use a psychological rehabilitation approach, by adding provisions for psychological rehabilitation in additional criminal penalties contained in the SPPA Law or revising the TPKS Law to psychological rehabilitation.
Reformulasi Restitusi dalam Tindak Pidana Kekerasan Seksual Terhadap Korban Perempuan dengan Retardasi Mental Zainur Ratna Savitri; Fanny Tanuwijaya; Yusuf Adiwibowo
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 2 (2025): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v7i2.6909

Abstract

Article 7A paragraph (3) of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, states that "Submission of a request for restitution can be made before or after a court decision that has obtained permanent legal force through the LPSK". In formal juridical terms, these two articles give authority and at the same time legitimacy to the public prosecutor to include restitution in his demands, based on the recommendation of the LPSK so that it can be decided by the panel of judges examining the case. However, socially it turns out that the provisions of this article are not applicable, shown by the lack of openness for female victims with mental retardation to access protection from LPSK, either individually or through public prosecutors, so that the form of protection obtained by female victims with mental retardation is only limited to protection. abstract, there is no concrete and sustainable protection for victims. Therefore, an appropriate and specific system is needed for providing compensation to women with mental retardation who are victims of criminal acts of sexual violence, so that justice for women with mental retardation can be fulfilled
The Role of Notaries in Preventing the Misuse of Fintech and Crypto Assets for Money Laundering: Risk Analysis and Required Due Diligence Framework Surya Dharma Ali; Fanny Tanuwijaya; Moh. Ali
International Journal of Law and Society Vol. 3 No. 1 (2026): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i1.874

Abstract

The rapid development of financial technology (fintech) and crypto assets has created a paradox in the global financial system: while promoting inclusion and efficiency, it also opens new vulnerabilities for money laundering offenses. Notaries, as public officials and legal professionals involved in various financial and business transactions, are at the forefront of preventing this misuse. This article analyzes the specific risks of money laundering through fintech and crypto assets and formulates the due diligence framework required by notaries in carrying out their preventive functions. The research method uses a normative juridical approach with doctrinal analysis of regulations and international standards, enriched with case studies and best practice references. The findings indicate that notaries face three main challenges: (1) difficulty in identifying parties in virtual transactions, (2) the volatility and relative anonymity of crypto assets, and (3) the gap between the speed of technological innovation and regulatory adaptation. This article proposes an Enhanced Digital Due Diligence (ED3) model that integrates digital verification technology, blockchain forensic analysis, and a dynamic risk-based approach. This framework is expected to strengthen the role of notaries as gatekeepers in the rapidly evolving digital financial ecosystem while maintaining the profession's relevance in the era of digital transformation.
Penerapan Pemidanaan Terhadap Anak Sebagai Pelaku Tindak Pidana Pembunuhan Berdasarkan Prinsip Perlindungan Anak Nadya Melinda Oktarina; Fanny Tanuwijaya; Ainul Azizah
Jurnal Begawan Hukum (JBH) Vol. 2 No. 1 (2024): Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v2i1.103

Abstract

The legal principle states "nullum crimen sine poena legal", which means there is no criminal act without a crime according to the law. In principle, this principle means that no crime can be punished if it is not prohibited by law, so that actions and crimes must first be regulated by law. Likewise with this crime of murder. Where the crime of murder is a crime that violates very serious norms. The crime of murder is not only committed by adults, but children can also be involved in this crime.The crime of murder is a crime that can occur because it is carried out intentionally or because of someone's negligence/negligence, resulting in victims or the loss of another person's life.Handling of children involved in crime, especially children who are perpetrators of murder, must be given serious attention. Not only for the government but also for law enforcement officers and other parties including the surrounding environment. This treatment is quite important because the perpetrators who are categorized are still children. Handling cases in children cannot be the same as handling cases in adults, so there are many things that must be paid attention to and taken into consideration. One of them is the juvenile justice system.