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Restorative Justice Dalam Tindak Pidana Terorisme Terhadap Anak Berhadapan Dengan Hukum Ping, Manuel Farsi; Kusnadi, Sekaring Ayumeida
Gorontalo Law Review Vol. 8 No. 1 April 2025, Gorontalo Law Review
Publisher : Universitas Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32662/golrev.v8i1.3945

Abstract

Terrorism crimes involving children are becoming an increasingly urgent problem around the world, as they have a serious impact on individuals and society. This study aims to analyze the legal regulation of the application of restorative justice and the application of restorative justice in terrorism crimes involving children facing the law. In this context, restorative justice is suggested to be a qualified solution in dealing with children facing the law. The restorative justice approach emphasizes redress rather than retribution, offering a more humane alternative to responding to these complex cases. This study uses normative legal research methods by analyzing relevant laws and regulations as well as related literature studies. The results of the study show that restorative justice in the context of terrorism crimes has not been explicitly regulated in the laws and regulations in Indonesia. In its application, there is a legal vacuum because there is no law that explicitly regulates restorative justice for children to face the law in terrorism crimes, because considering that terrorism crimes are crimes that have a wide impact and threaten the safety of many people. To address this legal vacuum, special regulations are needed that regulate in detail how children involved in terrorism crimes are treated, taking into account rehabilitation and deradicalization to protect and guarantee their rights and get fair and balanced treatment between ensuring justice for victims, providing appropriate protection and support for children, and protecting society.
PERTANGGUNGJAWABAN HUKUM MUCIKARI DALAM EKSPLOITASI SEKSUAL ANAK : ANALISIS KASUS PROSTITUSI ANAK MELALUI APLIKASI MICHAT Mutia Ayu Wulandari; Sekaring Ayumeida Kusnadi
HUKMY : Jurnal Hukum Vol. 5 No. 1 (2025): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2025.v5i1.868-879

Abstract

This study investigates pimps' legal liability in cases involving child sexual exploitation using the Michat application, which has gained popularity recently. The main topic of the study is Indonesia's laws pertaining to child sex exploitation, how those laws determine pimps' legal responsibility for their actions, and how harsher punishments are applied to discourage offenders. According to the case study, pimps may face charges under several statutes, such as the Child Protection Law, the Information and Electronic Transactions Law (ITE), and the Criminal Code (KUHP). In addition to human trafficking, pimps are also accountable for morally repugnant offenses involving children. Law enforcement against pimps is crucial to prevent further exploitation and to serve as a deterrent. It is concluded that legal accountability for pimps in this case is highly significant and requires stricter law enforcement to protect children from sexual exploitation, as well as to strengthen existing regulations in combating this criminal practice.
Kewenangan Rumah Sakit Dalam Pengambilan Keputusan Merujuk Pasien Ke Rumah Sakit Yang Tidak Disetujui Keluarga Pasien Rahmadi Mulyo Widianto; Sekaring Ayumeida Kusnadi
SAPIENTIA ET VIRTUS Vol. 11 No. 1 (2026): March
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v11i1.1065

Abstract

This study examines the legal dilemma faced by private hospitals not yet partnered with Indonesia’s national health insurance (BPJS Kesehatan) when referring critically ill patients whose families reject the recommended referral hospital after their preferred facility reaches full capacity. It analyzes the legal authority and legal protection available to hospitals in making referral decisions without family consent, and repositions that authority within the current legal framework following Law No. 17 of 2023 on Health, which revoked Law No. 44 of 2009 on Hospitals. Using normative legal research with a statute approach and a conceptual approach grounded in authority theory (attribution, delegation, mandate), the study finds that hospitals hold attributive authority to refer patients once they perform patient stabilization, inter-facility communication, and referral documentation as required by Article 14 paragraph (4) of Minister of Health Regulation No. 4 of 2018, a provision that remains valid as an implementing regulation despite the enactment of Law No. 17 of 2023. Hospitals that comply with this procedure are legally protected under Article 193 of Law No. 17 of 2023, while families who reject a medically and administratively appropriate referral must bear the resulting costs or independently file a reimbursement claim with BPJS Kesehatan.