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PERLINDUNGAN HUKUM TERHADAP ANAK DARI KEJAHATAN PORNOGRAFI DI MASA PANDEMI COVID-19 Dian Adriawan Dg Tawang; Maria Silvya E Wangg; Andi Widiatn; Rini Purwaningsih; Rita Pranawati; Putu Elvina
Jurnal Hukum PRIORIS Vol. 9 No. 1 (2021): Jurnal Hukum Prioris Volume 9 Nomor 1 Tahun 2021
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v9i1.16640

Abstract

Covid 19 detected in Indonesia was overcome by establishing a policy of physical restrictions. All Ministries, including the Ministry of Education, issued Circular Letter Number 4 of 2020 concerning the Implementation of Educational Policies in the Emergency Period for the Spread of Coronavirus Disease (COVID 19). ECPAT Indonesia (End Child Prostitution, Child Prostitution) Pornography, & Trafficking of Children for Sexual Purposes) reports that during the COVID-19 pandemic, children experience various vulnerabilities when engaging in online activities. The Indonesian Child Protection Commission (KPAI) revealed data from 2011 to 2020 that children who were victims and perpetrators of pornography and cybercrime were 3178 children. and how is the law enforcement of cyber pornography crimes against children in the laws and regulations in Indonesia? The results of the study conclude that the protection of children against cyber crimes in Indonesia is not only penal but also non-penal by severing the network for the manufacture and distribution of child pornography cyber products, blocking pornography via the internet, monitoring the manufacture, distribution, and use of pornography; and cooperate and coordinate with various parties, both from within and outside the country, in preventing the manufacture, distribution, and use of pornography. Law enforcement of child pornography cybercrimes in Indonesia is based on Law No. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, considering that Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection has not specifically regulated law enforcement for child pornography cyber crimes in Indonesia. Key Words: Protection, Children, Pornography and Covid -19
PERTIMBANGAN HAKIM TERHADAP KEDUDUKAN SAKSI MAHKOTA DALAM PERKARA TINDAK PIDANA KORUPSI YANG DILAKUKAN JULIARI BATUBARA: - Maria Amalia Farentchois Sani Asa; Dian Adriawan Dg Tawang
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18684

Abstract

Law enforcement in the case of criminal acts of corruption committed by Juliari Batubara involved various problems. One of them is related to the judge's consideration of presenting a crown witness at the trial who actually had sufficient evidence at the trial. This is not in accordance with the Supreme Court Circular Number 05 of 2014. In the discussion the author will focus on the analysis of the judge's considerations in decision number: 29/Pid.Sus-Tpk/2021/PN.Jkt Pst based on evidence according to the procedural law book Criminal. The research method used by the author is Normative Juridical, and is descriptive in nature so that data collection is carried out by literature study to produce conclusions in a deductive manner. Based on the author's analysis, the panel of judges' considerations regarding the use of crown witnesses in the Covid-19 Social Assistance Corruption crime case did not meet the requirements as evidence, but what was presented at trial was sufficient, in fact this could provide an opportunity for the defendant to have his sentence reduced. Apart from that, there is a discrepancy with the provisions of the Criminal Procedure Code (KUHAP). Therefore, the author suggests that there is a need for a review of crown witnesses who are presented in the trial process for criminal acts of corruption, so that judges can provide more appropriate decisions by considering all the evidence and witness statements presented in a case.