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Journal : Yustisia Tirtayasa: Jurnal Tugas Akhir

Efektivitas Mediasi Penal Pada Proses Penyidikan Kasus Kekerasan Perspektif Restorative Justice (Studi di Kepolisian Resor Bojonegoro) Ameilia Herpina Denovita; Hervina Puspitosari
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol 2 No.2 Agustus 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v2i2.14352

Abstract

This research aims to determine the implementation of penal mediation for violent crimes against the investigation process at the Bojonegoro Police, the effectiveness of the penal media in realizing the principle of restorative justice at the Bojonegoro Police in reducing violent crimes, as well as discussing issues related to the application of penal mediation in violent cases at the Resort Police. Bojonegoro, and the second sub-chapter discusses efforts to overcome obstacles to the implementation of effective mediation. This type of legal research is empirical. Sources of data obtained in this study using primary, secondary, and tertiary legal materials. The results of this study can be said that the penal mediation carried out on cases of violence was not successful. The factors that hinder the implementation of mediation are that the party who is the victim of the case remains to be continued because it is harmed, and the victim does not want an attempt to harm the losses obtained from the perpetrator's actions and only wants to continue the case through the litigation stage so that the perpetrator of the punishment is equivalent to the act.. Efforts to overcome these obstacles are through penal mediation accompanied by the Bojonegoro Police as law enforcement officers who act as mediators who are neutral and protect the community, and the need for third party assistance such as experienced mediators, families of litigants, and community leaders who was at the scene of the incident.
Implementasi Rehabilitasi terhadap Anak sebagai Korban Kejahatan Berbasis Seksual (Studi di Unit Layanan Terpadu Perlindungan Sosial Anak Integratif (ULT PSAI) Kabupaten Tulungagung) Karisma Nilam Ayuandani; Hervina Puspitosari
Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v2i3.16391

Abstract

Special protection of children who are victims of sexual violence according to The Statute of Child Protection Number 35 of 2014 is carried out through rehabilitation efforts. The same is also regulated in Law Number 12 of 2022 concerning the Crime of Sexual Violence which explains that rehabilitation is the victim's right to recovery efforts. By the mandate of the law, the government and also other state institutions should provide special protection for children, which encourages the Integrated Service Unit for Integrative Children's Social Protection of Tulungagung Regency. This institution has an ideal range of services for children, including services for children who are victims with response including victim rehabilitation. This study will analyze the implementation of rehabilitation by the Integrated Service Unit for Integrative Children's Social Protection of Tulungagung Regency for child victims of sexual violence and the obstacles to its implementation. The research methodology used is empirical juridical with a case study approach. The results of the study show that the implementation of rehabilitation of children who are victims of sexual violence must go through several processes first. The main and first process carried out is data collection and continued with mentoring. Rehabilitation is carried out through several stages, namely the initial approach, assessment, intervention, evaluation, formulation of conclusions, ending with termination. Obstacles in efforts to provide rehabilitation to child victims of sexual violence come from the lack of parental assistance related to recovery rights for children who are victims of sexual violence so that they consider that rehabilitation is a futile effort, the lack of facilities and infrastructure and the emergence of the COVID-19 pandemic makes the lack of reach to victims pose new challenges for social workers of the Integrated Service Unit for Integrative Children's Social Protection of Tulungagung Regency
Urgensi Kriminalisasi Pengguna Jasa Prostitusi di Indonesia Andrew Ramadhani; Hervina Puspitosari
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 2 May-August 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i2.15138

Abstract

Prostitution is a crime that not only injures legal norms, but the whole norm is also injured, starting from religious norms, decency, and decency. The number of cases of prostitution in Indonesia is increasing. There are 3 (three) interrelated subjects in the practice of prostitution, namely service users, service providers or commercial sex workers (PSK) and pimps. The Criminal Code (KUHP) actually only regulates the threat of punishment for prostitution against the pimp, does not regulate the threat of punishment against users of prostitution services. Based on this, this research needs to explore criminal law policies against users of prostitution services in Indonesia as well as the urgency of their criminalization. The research methodology is normative, with a statutory and conceptual approach. Data collection was obtained by means of library research and interviews by taking samples at the Surabaya District Attorney. The results of the study indicate that criminal law policies against prostitution service users in Indonesia are contained in Regional Regulations (perda) which only exist in a few areas, namely the City of Surabaya, Jakarta and Bumbu Regency, South Kalimantan Province, which regulates punishments in the form of imprisonment/fines/ returned to his family. The inconsistency of the sentencing rules is certainly very confusing and the punishment is also not a deterrent. Cases of prostitution in Indonesia if you look at the side of the Criminal Code, of course it is difficult to reduce it if you only criminalize the pimps and allow users of prostitution services which are actually the root cause of the practice of prostitution. If there are no prostitution service users, then there are no pimps and service providers either. Users of prostitution services in Indonesia are therefore obliged to be eradicated by criminalizing them.