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Emy Rosnawati
Universitas Muhammadiyah Sidoarjo
Humanities Civil Engineering, Building, Construction & Architecture Control & Systems Engineering Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Physics Public Health Social Sciences Other

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Journal : Academia Open

 1 
Analysis of the Kuala Kapuas District Court Decision Regarding Legal Protection for Children Who Become Victims of Sexual Violence : Analisis Putusan Pengadilan Negeri Kuala Kapuas Terkait Perlindungan Hukum Bagi Anak yang Menjadi Korban Kekerasan Seksual Yuniar Imroatus Solikhah; Emy Rosnawati
Academia Open Vol. 3 (2020): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.3.2020.539

Abstract

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: Pertanggungjawaban Hukum Pelaku Aborsi Korban Pemerkosaan di Indonesia Nini Ayu Nataria Rawis; Ahmad Riyadh UB; Emy Rosnawati
Academia Open Vol. 5 (2021): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.5.2021.560

Abstract

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: Tinjauan Status Pernikahan Menggunakan Akta Cerai Palsu Sifani Ekawati; Sri Budi Purwaningsih; Emy Rosnawati
Academia Open Vol. 5 (2021): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.5.2021.732

Abstract

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: Perlindungan Hukum bagi Anak Penyandang Disabilitas Korban Kekerasan Seksual di 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

Abstract

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
Advocate Role in Ensuring Justice in Criminal Proceedings: Peran Advokat dalam Menjamin Keadilan dalam Proses Peradilan Pidana Muhammad Naufal Fatchurrahman; Emy Rosnawati
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.9806

Abstract

General Background: Criminal justice systems rely on multiple law enforcement actors, including advocates, to safeguard legal rights and uphold fairness during judicial processes. Specific Background: In Indonesia, advocates serve as legal counsel responsible for defending defendants, ensuring due process, and maintaining adherence to professional ethics while operating alongside police, prosecutors, and judges. Knowledge Gap: Despite their formal status as law enforcers, limited empirical insight exists into the practical challenges advocates face, particularly regarding ethical dilemmas, institutional pressures, and evolving legal contexts. Aims: This study seeks to explore advocates’ roles, challenges, defense strategies, and perspectives on legal reform in criminal cases through an in-depth interview with a legal practitioner. Results: Findings indicate that advocates encounter bureaucratic obstacles, public pressure, threats, and potential interference from other authorities, which may compromise professional independence. Effective defense relies on comprehensive investigative approaches, strong client communication, and strict adherence to ethical standards. The study also highlights the necessity of legal accompaniment for suspects facing serious charges and underscores concerns about outdated legislation in addressing modern crimes such as cyber offenses. Novelty: By presenting practitioner-based insights, the study illuminates the intersection of professional ethics, procedural justice, and legislative adequacy within real criminal case handling. Implications: Periodic legal reform, clearer recognition of advocates’ institutional position, and inclusion of legal practitioners in legislative processes are essential to build a responsive and equitable criminal justice system. Highlights: Legal practitioners confront administrative complexity, societal pressure, and security risks during case handling. Thorough evidence gathering and close client consultation form the basis of defense preparation. Regulatory updates are required to address technological developments and reduce discriminatory provisions. Keywords:Advocate Role; Criminal Justice System; Legal Defense; Professional Ethics; Legal Reform
Police Response to Narcotics Abuse Crimes in Sidoarjo: Tanggapan Kepolisian terhadap Kejahatan Penyalahgunaan Narkotika di Sidoarjo Marsha Ivo Miranda; Emy Rosnawati
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.9813

Abstract

General Background Narcotics abuse constitutes a serious criminal and public health problem in Indonesia, threatening social stability, security, and community welfare. Specific Background In Sidoarjo, East Java, reported cases of narcotics misuse have risen in recent years, particularly among adolescents and individuals of productive age, prompting intensified law enforcement and preventive measures by the local police narcotics unit. Knowledge Gap Despite the growing concern, limited documentation exists regarding operational practices, legal procedures, and challenges faced by regional police institutions in addressing narcotics crimes at the local level. Aims This study aims to describe the role, legal framework, and operational actions of the Sidoarjo City Police Narcotics Unit in handling narcotics abuse crimes based on an interview with a senior operational officer. Results The findings indicate that the police conduct both repressive enforcement against dealers and preventive activities, while drug users may undergo an assessment process leading to rehabilitation rather than imprisonment in accordance with national narcotics law. However, the unit encounters complex challenges, including sophisticated trafficking methods, resource limitations, and the involvement of diverse social groups. Novelty This work provides primary qualitative insight derived from practitioner testimony, offering a grounded depiction of institutional practices and challenges in a specific regional context. Implications Strengthening public education, increasing operational resources, advancing investigative capabilities, and fostering cross-sector collaboration are necessary to address narcotics abuse comprehensively at the community level. Highlights: Drug users may receive treatment placement following an integrated assessment rather than custodial sentencing. Trafficking networks employ increasingly sophisticated methods that complicate investigations. Multi-stakeholder cooperation and community participation are considered essential for suppression efforts. Keywords: Narcotics Abuse; Law Enforcement; Police Role; Rehabilitation Policy; Indonesia
Street Vendor Control Procedures in Sidoarjo Regency: Prosedur Pengendalian Pedagang Kaki Lima di Kabupaten Sidoarjo M. Adi Santoso; Emy Rosnawati
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.11104

Abstract

General Background: Street vendor governance constitutes a central issue in urban public order management and local regulatory enforcement in developing regions. Specific Background: In Sidoarjo Regency, the Municipal Police Unit (Satpol PP) is mandated to maintain public order while addressing the presence of vendors operating in restricted public spaces under regional regulations. Knowledge Gap: Despite frequent regulatory actions, limited empirical descriptions exist regarding the procedural stages, operational strategies, and ethical considerations applied during enforcement at the local level. Aims: This study seeks to examine the strategies, procedures, and approaches implemented by Satpol PP in controlling street vendors in prohibited areas. Results: Findings reveal that enforcement is conducted progressively through socialization, warnings, routine patrols, public reporting mechanisms, confiscation procedures, and inter-agency coordination, accompanied by preventive education and relocation efforts to designated zones. A persuasive and humanistic approach is consistently prioritized to balance regulatory compliance with vendor rights and to minimize social conflict. Novelty: The study provides a detailed qualitative account of staged enforcement practices that integrate legal authority, administrative procedures, and social considerations within a single local governance framework. Implications: These insights offer practical guidance for policymakers seeking to manage informal economic activities while preserving public order, social stability, and equitable treatment of vulnerable urban workers. Highlights: Regulatory actions follow sequential stages from outreach to confiscation when violations persist. Continuous monitoring relies on patrol activities, community reports, and surveillance systems. Preventive measures include education programs and allocation of designated trading locations. Keywords: Street Vendors; Municipal Police; Public Order; Local Regulation Enforcement; Informal Economy
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 M. Adi Santoso Made Warka, Made Maharani, Yuniar Carmelia Mardiyani, Sindi Mega Marsha Ivo Miranda Masuddin, Noor Masudin, Noor Mawa, Damai Yanti Zulfatal Mochammad Tanzil Multazam Mohammad Chandra Bachtiar Effendi Monica Firda Nurjannah Muhammad Naufal Fatchurrahman 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