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All Journal DE JURE Rechtsidee Res Judicata JURNAL MERCATORIA Kosmik Hukum Academia Open Indonesian Journal of Cultural and Community Development Indonesian Journal of Law and Economics Review IJ3PE Indonesian Journal of Public Policy Review Proceedings of The ICECRS ATHENA: Journal of Social Culture and Society Web of Scientist: International Scientific Research Journal ResearchJet Journal of Analysis and Inventions Journal Customary Law Indonesian Journal of Law and Justice Journal of Social Comunity Services Journal of Geography, Regional Planning and Development International Journal of Business, Law and Political Science

Emy Rosnawati

Universitas Muhammadiyah Sidoarjo

Author-ID : 3651705

Agriculture, Biological Sciences & Forestry Arts Humanities Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Earth & Planetary Sciences Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Physics Social Sciences Other

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Analysis of the Kuala Kapuas District Court Decision Regarding Legal Protection for Children Who Become Victims of Sexual Violence Yuniar Imroatus Solikhah; Emy Rosnawati
Academia Open Vol 3 (2020): December
Publisher : Universitas Muhammadiyah Sidoarjo

In Law No. 35 year 2014 about child protection, explained that each child is potential, and the young generation of the nation's successors. The country has a strategic role, so it is obligatory to protect the child from all forms of inhumane treatment that can lead to violations of human rights. One form of human rights violations is sexual violence. This research uses normative research methods with a legal approach as well as a case approach. To analyze whether the fundamental difference of the two judges in the District Court of Kuala Kapuas criminal matter number 164/Pid.Sus/2019/PN. Klk with the participation of the State of Kupang criminal Matters No. 249/Pid. Sus/2019/PN.KPG in the decision to take the case of a criminal lawsuit in child sexual violence. The occurrence of the decision of judge or disparity of judges is not separated from the discretion of the judges and also due to the minimum sanction system and maximum sanctions in the Indonesian criminal system. The consideration of the Tribunal judges gave a 14-year criminal verdict against the defendant Armayansyah, considering that the defendant was a lecturer or teacher in the victim's school and the age of the victim who still stepped on 13 years.

Legal Liability of Abortion Perpetrators of Rape Victims in Indonesia Nini Ayu Nataria Rawis; Ahmad Riyadh UB; Emy Rosnawati
Academia Open Vol 5 (2021): December
Publisher : Universitas Muhammadiyah Sidoarjo

Abortion is generally an act of abortion that is carried out without giving the opportunity to live outside the womb for certain reasons. Abortion committed by rape victims becomes a polemic in the context of criminal law to be held accountable. There are different formulations in the regulations that regulate even though these regulations regulate the same material so that rape victims who have abortions can be criminally charged. The method used is a statutory (normative) approach by using data collection namely laws and secondary sources of material in the form of previous thesis, books, scientific journals, and other literacy. The results of the research obtained are that the perpetrators of abortion victims of rape cannot be held criminally responsible because of the principle of no crime without fault where the perpetrators of abortion of rape victims have abortions which are prohibited by the Criminal Code but in accordance with the provisions of Article 75 paragraph (2) of Law Number 36 of 2009 concerning Health that allows abortion due to rape.

An Overview of Marriage Status Using Fake Divorce Certificates Sifani Ekawati; Sri Budi Purwaningsih; Emy Rosnawati
Academia Open Vol 5 (2021): December
Publisher : Universitas Muhammadiyah Sidoarjo

This study aims to determine the legal consequences if a marriage is carried out using a fake divorce certificate. And also And also to find out the legal sanctions imposed on someone who is getting married by using a fake divorce certificate. The method used is normatife juridicl with a statutory approach. Marriage using a fake divorce certificate does not only cover the area of civil law but also criminal law, which imposes sanctions on the perpetrator and the party who participates in the forgery. The conclusion from this research is that marital status using a fake divorce certificate can be canceled. Then the parties have their status as before the marriage. And parties involved in committing the crime of counterfeiting are punished by up to eight years in prison

Legal Protections for Disabled Child Victims of Sexual Violence in Sidoarjo, Indonesia Perta Wida Subastian; Emy Rosnawati
Academia Open Vol 8 No 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.8.2023.6198

This study probes the legal safeguards available for children with disabilities subjected to sexual violence in Sidoarjo Regency, Indonesia, adopting a normative juridical approach. Using normative legal research methodologies, the data collection was conducted through document studies and legal document analysis concerning the legal protection of children and people with disabilities. The research unveiled that the Child Protection Law No. 35/2014 provides special regulations for the protection of children with disabilities, yet it does not explicitly address sexual violence. Conversely, the Disability Law No. 8 of 2016 expressly outlines the rights of disabled children against sexual abuse and their entitlement to education. The study also found congruity in the TPKS Law No. 12 of 2022, which stipulates the protection of disabled children subjected to sexual violence during legal proceedings. The results imply the potential for improved preventive measures, such as local regulations in Sidoarjo Regency addressing sexual violence against disabled children, proactive parental supervision, and a call for societal protection of these children. Furthermore, the implementation of strict sanctions as per applicable laws may provide a sense of justice for the victims.Highlights: Child Protection Law No. 35/2014 and Disability Law No. 8 of 2016 together address the protection of children with disabilities, albeit without explicit mention of sexual violence in the former. The TPKS Law No. 12 of 2022 provides a specific legal framework for the protection of disabled children who are victims of sexual violence during court proceedings. Preventive measures and stringent sanctions, as per these laws, could provide an enhanced sense of justice and security for victims, underscoring the necessity of societal vigilance and parental involvement. Keywords: Legal protection, Children with disabilities, Sexual violence, Indonesia, Normative juridical approach

Co-Authors Afnia Nur Masjidah Ahmad Riyadh Umar Balahmar Andriansyah, Mohammad Anissa, Salsabila Ashar, Bramo Al Asri Widya Trisnani Atikha Sidhi Cahyana Azizah, Aulia Sarah Azmi, Li Ulil Bagus Afianto Budiani, Revalio Budiani, Revalio Putra Drajad Kuncoro Aji Erny Herlin Setyorini, Erny Herlin F. M., Izza Saltsa Fauzi, Lutfiah Fidayanti, Anita Rohma Fiddinia, Irta Firdausi, Muhammad Farrel Alaysia Fitria, Anis Handy Ariansyah Hasan, Rizqi Hermansyah, Malik Muhammad Herni Eva Wulandari Ika Mariyati, Lely Indakto, Ratro Islam, Alif Izza Anshory Jamaaluddin Kharis, Dwishar Khotimah, Siti Dewi Khumairoh, Bulqis Kosasih, Jaylu Krisna Brian Adam Putra Ladita, Firrisa Farah Lestari, Lusiana Lestari, Melati Indah Made Warka, Made Maharani, Yuniar Carmelia Mardiyani, Sindi Mega Masuddin, Noor Masudin, Noor Mawa, Damai Yanti Zulfatal Moch Tanzil Multazam Mohammad Chandra Bachtiar Effendi Monica Firda Nurjannah Nana Mardiana Nini Ayu Nataria Rawis Nisa' Nur Amalia Noor Fatimah Mediawati Nurhayati Nursukma, Ananda Wahyu Okviani Assa Anggraini Pahlevy, Rifqi Ridhlo Patama, Ilham Muhammad Jalu Perta Wida Subastian Pertiwi, Tahta Pradhista, Vendira De Pramesti, Yusri Ardiyah Pramitaqwati, Anindya Prasetyo, Suyo Gigih Pristiwanto Putri, Syntia Puspita Andini Ika Hariyanto Rachman, Dhea Amanda Aulia Rangga, Naufal Catur Resy Aprista Rifqi Ridho Phahlevy Rifqi Ridlo Phahlevy, Rifqi Ridlo Rositasari, Dewi Safari, Ferdi Safitri, Sifa' Ulya Sanjaya, Yusrizal Sarda Novanda Sari, Dwi Anita Puspita Satrio, Bram Saxti, Muhammad Bima Setiadi, Fajar Nur Sifani Ekawati Siti Musdalifa Soamole, Muhammad Giffari Sri Budi Purwaningsih Sulaiman Sulaiman Sumarsono, Tresnia Octaviani Suyo Gigih Prasetyo Ummah, Faizzah Wardatul Wati, Anindya Pramitaqwati Wulayana, Damar Yuli Rahmawati Yuniar Imroatus Solikhah Yunita, Aingga Rahma Zain, Nur Khofifah

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