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HAK ATAS KESETARAAN DAN ANTI-DISKRIMINASI KELOMPOK IDENTITAS GENDER NETRAL (NON-BINARY) DALAM HUKUM POSITIF INDONESIA Miftakhur Rohmah; Wiwik Afifah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.182

Knowledge about non-binary gender identity has become increasingly widespread over the past few years, but that does not mean that these groups are not discriminated and have received recognition in Indonesian positive law. The purpose of this article is to identify human rights violations by the state as a result of the lack of recognition of non-binary gender identity groups in Indonesian positive law. The research method used in making this scientific article is normative. The approach used is statute approach and comparison approach of Indonesian law with Australia and Argentina. The results of this study prove that there are human rights violations against non-binary gender identity groups by the state in the form of violations of the right to equality before the law and non-discrimination

PROSEDUR PENANGANAN KEKERASAN SEKSUAL DI LINGKUNGAN PERGURUAN TINGGI S MENURUT PERATURAN MENTERI PENDIDIKAN, KEBUDAYAAN, RISET, DAN TEKNOLOGI NOMOR 30 TAHUN 2021 TENTANG PENCEGAHAN DAN PENANGANAN KEKERASAN SEKSUAL DI LINGKUNGAN PERGURUAN TINGGI Dessy Ratna Sari; Wiwik Afifah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.231

At present the Indonesialn people alre falcing al sexuall emergency. Countries halve yet to halve lalws on sexuall violence in the college environment. Naldiem malkalrim, als minister of Educaltion alnd Culture Regulaltion No. 30 of 2021 concerning the prevention alnd malnalgement of sexuall violence alt universities. Als for the purpose of the relealse of this rule, it is alsal prevention of sexuall violence in the college walrd alnd allso reinforcing the halndling of sexuall violence through chalperoning, victim recovery, aldministraltive salnctions, als well als protection. The study alims to find out how the procedures for halndling sexuall violence in the college environment alre alnd How is legall protection provided for victims of sexuall violence at the university environment

URGENSI KRIMINALISASI BAGI PEKERJA SEKS KOMERSIAL Yurista Ardien Adhipradana; Wiwik Afifah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.264

Prostitution s a phenomenon that s familiar to society. Prostitution s considered a crime against decency or morals. There are 3 parties nvolved n this practice of prostitution, namely, pimps, commercial sex workers who are victims of TIP or commercial sex workers who sell themselves. The purpose of this research s to find out what s the urgency of criminalizing Commercial Sex Workers. the factors that cause the crime of prostitution, the majority of the problem lies n economic factors which are nfluenced by one's ncome or needs, especially the difficulties for women to meet their needs especially women who do not have skills so that competitiveness n the world of work s very low, then coupled with the occurrence of a pandemic which has made fewer and fewer jobs and competition n the world of work s even tighter, this has made them choose shortcuts by colonizing themselves (their bodies) n order to survive. n addition, social factors also nfluence, especially environmental conditions, environmental conditions, and one's education. This study uses a normative juridical method using a statutory approach, a conceptual approach, and a comparative approach. The results of this study can be concluded that basically criminalizing Commercial Sex Workers s not possible because Commercial Sex Workers are basically victims so Commercial Sex Workers should not be criminalized but n rehabilitation

MENGUKUR SIFAT ASAS UNUS TESTIS NULLUS TESTIS TERHADAP PEMBUKTIAN TINDAK PIDANA KEKERASAN SEKSUAL Maulana Daffa Ilhami; Wiwik Afifah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.269

There is no handling in cases of criminal acts of sexual violence or sexual crimes which is the fault of the government and can violate human rights because basically, the state is making regulations to prevent the occurrence of a crime that can harm its people. The importance of law in a country, of which is to create a comfortable scope so that people become safe in carrying out their activities. Statistically, sexual violence or sexual crimes are still targeting women, this is due to a difference in relations in which women are generally considered the lowest so victims of sexual crimes or sexual violence are still predominantly committed against women. Apart from that, there are also targets for children who still do not have enough knowledge about their bodily functions, so perpetrators of sexual crimes can persuade the child by offering objects that the victim likes or by threatening the victim. The low reporting of cases of sexual violence is also still passive because fear of the surrounding community does not help victims, but has a negative impact such as isolating or discriminating against victims so that victims become exploited by society. This can traumatize victims of sexual violence or sexual crimes. In addition to trauma being an obstacle to reporting, there was also a lack of evidence, most victims told more about the violence perpetrated against them someone so in reporting, the victim only invited a friend or someone to be a witness. this also becomes difficult considering that there is the principle of unus testis nullus testis which means that one witness is not a witness, because the testimony of a witness cannot convince a judge in passing a decision on the perpetrators of sexual violence or sexual crimes if it is not accompanied by other evidence.

KESESUAIAN SEMA NOMOR 4 TAHUN 2011 YANG MENGATUR EKSISTENSI WHISTLEBLOWER DAN JUSTICE COLLABORATOR TERHADAP UNDANG-UNDANG NOMOR 8 TAHUN 2010 Ester Johana Elisabeth; Wiwik Afifah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.271

To combat organized crime, including money laundering, whistleblowers and justice partners are involved in the criminal justice system. involve both those who committed the crime and those who reported it, with the reporting witness being someone who was there when the crime was committed. While these offenders are actors ready to assist law enforcement authorities. This paper examines if SEMA No. 4 of 2011, which governs whistleblowers and justice collaborators, and Law No. 8 of 2011 are compatible using normative legal research methodologies with a statutory and conceptual approach. The study's findings indicate that SEMA is the highest regulation governing whistleblowers and justice collaborators because Law No. 8 of 2011 2010 does not regulate them

Criminal Responsibility of Artificial Intelligence Committing Deepfake Crimes in Indonesia Asri Gresmelian Eurike Hailtik; Wiwik Afifah
Asian Journal of Social and Humanities Vol. 2 No. 4 (2023): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i4.222

The development of technology that continues to evolve has given birth to an innovation called artificial intelligence or artificial intelligence which is usually called "AI". The development of AI has sparked an algorithm called deepfake technology. Deepfakes use machine learning and neural network technology, which are methods in AI that teach computers to process data in a way inspired by the human brain. This study aims to determine the regulation of AI as perpetrators of deepfake crimes and to determine the criminal responsibility of AI who commit criminal acts in Indonesia. The research method used is normative legal research using a statutory approach (statue approach), conceptual approach (conceptual approach), and comparative approach (comparative approach). AI is classified as an electronic system and electronic agent which when viewed to the characteristics of AI that has a match with the definition of electronic systems and electronic agents. If AI commits deepfake crimes, it can violate several articles in Law No. 19 of 2016 concerning Electronic Information and Transactions. In California, legislation has been passed to address deepfakes related to pornography, fraud, and defamation: Calif AB-602 and Calif AB-730. There are three AI criminal liability models that commit criminal acts, namely Perpetration-via another model (PVM), Natural-Probable-Consequence Liability Model (NPCLM), and Direct Liability Model (DLM). In Indonesia, AI has not been recognized as a legal subject so that if you commit a criminal act, the person who must be responsible is the creator of AI or AI users

Criminal Responsibility of Artificial Intelligence Committing Deepfake Crimes in Indonesia Asri Gresmelian Eurike Hailtik; Wiwik Afifah
Asian Journal of Social and Humanities Vol. 2 No. 4 (2023): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i4.222

The development of technology that continues to evolve has given birth to an innovation called artificial intelligence or artificial intelligence which is usually called "AI". The development of AI has sparked an algorithm called deepfake technology. Deepfakes use machine learning and neural network technology, which are methods in AI that teach computers to process data in a way inspired by the human brain. This study aims to determine the regulation of AI as perpetrators of deepfake crimes and to determine the criminal responsibility of AI who commit criminal acts in Indonesia. The research method used is normative legal research using a statutory approach (statue approach), conceptual approach (conceptual approach), and comparative approach (comparative approach). AI is classified as an electronic system and electronic agent which when viewed to the characteristics of AI that has a match with the definition of electronic systems and electronic agents. If AI commits deepfake crimes, it can violate several articles in Law No. 19 of 2016 concerning Electronic Information and Transactions. In California, legislation has been passed to address deepfakes related to pornography, fraud, and defamation: Calif AB-602 and Calif AB-730. There are three AI criminal liability models that commit criminal acts, namely Perpetration-via another model (PVM), Natural-Probable-Consequence Liability Model (NPCLM), and Direct Liability Model (DLM). In Indonesia, AI has not been recognized as a legal subject so that if you commit a criminal act, the person who must be responsible is the creator of AI or AI users

Pelatihan Tourguide Di Desa Candipari, Kabupaten Sidoarjo Wiwik Afifah; Sultoni Fikri; Rendy Dwi Syahputra; Gaung Agung Rachmatullah
Jurnal Pengabdian Kepada Masyarakat Vol. 1 No. 1 (2024): Jurnal Pengabdian Kepada Masyarakat
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jpkm.v1i1.840

The tourguide training held by students of Universitas 17 Agustus 1945 Surabaya in collaboration with the Sidoarjo City Tourism Office is a strategic initiative to develop the tourism potential of Candi Pari Village, Sidoarjo. This activity aims to increase the capacity of the local community as professional tour guides, so that they are able to better manage and promote their village tourism destinations. The training covered a range of important aspects, from knowledge of local history and culture to practical skills in tour guiding. As the keynote speaker, the Sidoarjo City Tourism Office provided in-depth material on effective guiding techniques, ethics in guiding, and tourism marketing strategies. In addition, participants were also given training on sustainable and environmentally friendly tourism destination management. This direct interaction with experienced practitioners and speakers allowed participants to gain practical and applicable insights that can be directly applied in the field. Through this training, it is hoped that the people of Candi Pari Village can be more confident and competent in carrying out their roles as tour guides. The results of this training not only have an impact on improving the quality of tourist services, but are also expected to encourage local economic growth through a more organized and attractive tourism sector for tourists. Thus, the tourism potential of Candi Pari Village can be optimally and sustainably developed, providing long-term benefits for the local community.

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