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All Journal Al-Qisth Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Hukum Pidana dan Pembangunan Hukum Jurnal Hukum Prioris Amicus Curiae
Rini Purwaningsih
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Amicus Curiae

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SANKSI PELAKU PIDANA EKSPLOITASI PEKERJA ANAK DI BAWAH UMUR DALAM PEKERJAAN YANG MEMBAHAYAKAN KESELAMATAN DAN MORAL PUTUSAN NO.88/PID.SUS.2019/PN.PTSB: Juridical Analysis of The Sanctions for The Perpetrators of Criminal Act of Exploitation of Child Labor in Endangering Safety and Morals Syaida Radella Clarissa Chairy; Rini Purwaningsih
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24006

Abstract

Child exploitation in the world of work is a serious violation of children's rights, especially when it involves sexual aspects and work that can endanger safety and morals. The purpose of this research is to analyze the application of criminal penalties against perpetrators of child exploitation based on Decision Number 88/Pid.Sus/2019/PN.PTSB, as well as assess how effective the law is. The method used in this research is normative law. The research findings indicate that the defendant was sentenced to one year imprisonment and a fine of 200 million, in accordance with Article 185 jo Article 68 of Law No. 13 of 2003 concerning Manpower. However, these sanctions are considered lenient when compared to the penalty under Article 2 paragraph (1) of Law No. 21 of 2007on the Eradication of the Crime of Trafficking in Persons, which has a maximum of 15 years imprisonment and a fine of up to 600 million. This study research result and concludes that the application of criminal measures in this case has not been sufficient to provide a deterrent effect for violators or protection for exploited children. Law enforcement among perpetrators of child exploitation should take stricter measures, including strengthening the enforcement of more responsible articles with more severe threats to ensure better protection for children.
TINDAK PIDANA PENGANIAYAAN MENGAKIBATKAN KEMATIAN KARENA BELA PAKSA (Putusan No. 103/Pid.B/2021/PN.Gdt): The Crime of Assault Resulting in Death Due to Self-Defense (Judgment No. 103/Pid.B/2021/PN.Gdt) Abraham Julian Hasudungan; Rini Purwaningsih
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24693

Abstract

In the context of persecution, there is a criminal law principle called self-defense that exceeds the limit, also called Noodweer Exces. The problem of this study is how the regulations regarding ordinary self-defense and those that exceed the limit based on decision number 103/Pid.B/2021/PN.Gdt and whether the consistency of the elements contained in Article 49 Paragraph 2 of the Criminal Code for the case of Noodweer Excesses that occurred in the facts of the trial from decision number 103/Pid.B/2021/PN.Gdt. This study uses a normative type with a descriptive nature, where data is collected through literature studies, with legal sources used including the 1945 Constitution, Article 49 of the Criminal Code.. This study concludes that the judge's decision decided that Nuryadin was proven guilty of his actions but received a pardon because he had been proven to have committed self-defense that exceeded the limit by the elements listed in Article 49 of the Criminal Code. Taking into account the elements in Article 49 Paragraph 2 of the Criminal Code, Nuryadin is considered to have committed an act of Noodweer Exces by admitting that his actions were an effort to defend himself that exceeded the limits in an emergency.
Co-Authors Abraham Julian Hasudungan Ahmad, Nadzriah Andi Widiatn Cholidin, Achmad Dian Adriawan Daeng Tawang Dian Adriawan DG Tawang Dian Adriawan Tawang, Dian Adriawan Dian Purnamasari I Gede Yudi Arsawan Maria Silvya E Wangg Putu Elvina Rita Pranawati Setiyono . Siti Nurbaiti Syaida Radella Clarissa Chairy Wulandari , Wahyuni Retno Yulia Fitriliani, Yulia