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KEBIJAKAN PENJATUHAN PIDANA PADA ANAK: STUDI PERBANDINGAN ANTARA IRAN DAN INDONESIA Sandya Sandya Mahendra; Bambang Sukoco; Moh. Indra Bangsawan
Academic Journal of Islamic Principles and Philosophy Vol. 3 No. 1 (2022)
Publisher : UIN Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/ajipp.v3i1.5056

Abstract

Every child has human rights as well as the rights of adults, so respecting children's rights is the same as respecting human rights. This paper aims to compare the policy of imposing the death penalty on a child between Iran and Indonesia. This research is a normative legal research conducted by examining library materials or secondary data. The approach used is a comparative approach, which is to compare child protection laws between Iran and Indonesia. The regulation of criminal penalties against children in Iran is regulated in Article 91 of the Iranian Islamic Criminal Code in 2013 and in Indonesia it is regulated in Law Number 35 of 2014 concerning Child Protection and Law Number 11 of 2012 concerning the Child Criminal Justice System. The regulation of legal protection for children in Iran and in the State of Indonesia, when compared, has quite basic differences in several aspects of the provisions of criminal acts and the criminal system. In the criminal setting in Iran, it justifies the application of the death penalty for crimes committed by children under 18 years of age. In the last 7 years, almost all juvenile offenders who were executed were sentenced to death based on qisas and hudud verses. Meanwhile, in Indonesia, it does not apply the death penalty to children but prioritizes restorative justice and diversion which is intended to avoid and keep children away from the judicial process so as to avoid stigmatization of children in conflict with the law and it is hoped that children can return to the social environment naturally.
Advocacy on children victims of violence in the era of the covid-19 pandemic Bambang Sukoco; Dewi Eko Wati; Dewi Kusuma Diarti; Moh. Indra Bangsawan; Arief Budiono; Arnold Tri Hantoro; Sandya Mahendra
ABDIMAS DEWANTARA Vol 5 No 2 (2022)
Publisher : Universitas Sarjanawiyata Tamansiswa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30738/ad.v5i2.13578

Abstract

Children are human beings and therefore respecting children's human rights is the same as respecting human rights. In addition, children are an inseparable part of the survival of human life and the sustainability of the entire nation and state. This community service aims to: 1). Describe the current legal basis for child protection; and 2). Describe legal protection for children in the era of the covid-19 pandemic. The results of the service show that the Covid-19 pandemic phenomenon has an influence on the formation and regulation of children's character in all aspects and conditions, including the current situation in the midst of the COVID-19 pandemic which demands a change in children's interactions with full activities at home. The intense presence of children at home has caused many violations of children'
Unraveling Child Legal Problems in the Era of the Covid-19 Pandemic in a Holistic Paradigm Perspective Bambang Sukoco; Moh. Indra Bangsawan Indra; Dewi Eko Wati; Dewi Kusuma Diarti; Sandya Mahendra; Arnold Tri Hantoro
Law and Justice Vol. 8 No. 1 (2023): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v8i1.1201

Abstract

The legal approach (Law No. 35 of 2014 concerning Child Protection) in solving problems related to child protection during the Covid-19 pandemic has not shown optimal results so that an alternative approach is through a holistic approach that will elaborate on the relationship between law and other scientists. Objective: This research aims to: 1). Describe a holistic paradigm from a legal perspective; 2). Describe the concept of a holistic paradigm as an effort to protect children from acts of family-based violence during the Covid-19 pandemic. Methods: This research is normative legal research with a statutory approach and a holistic concept approach. Findings: A holistic approach in law means reinstatement the law with its environment; by reuniting it with society’s realities, it will restore the integrity of the law itself. A holistic approach to child protection in the Covid-19 pandemic era can be learnt in several aspects, namely religious aspects, health aspects, psychological aspects, sociological aspects, economic aspects and legal aspects. Function: This research explains the urgency of the holistic concept that regulates child protection, which means recombining the law with its environment. Novelty: There has not been any research that studies the same topic as that discussed in this article
FILSAFAT HUKUM PIDANA PADA ANAK DI IRAN DAN INDONESIA Sandya Sandya Mahendra; Bambang Sukoco; Moh. Indra Bangsawan
Academic Journal of Islamic Principles and Philosophy Vol. 3 No. 1 (2022)
Publisher : UIN Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/ajipp.v3i1.5056

Abstract

Every child has human rights as well as the rights of adults, so respecting children's rights is the same as respecting human rights. This paper aims to compare the policy of imposing the death penalty on a child between Iran and Indonesia. This research is a normative legal research conducted by examining library materials or secondary data. The approach used is a comparative approach, which is to compare child protection laws between Iran and Indonesia. The regulation of criminal penalties against children in Iran is regulated in Article 91 of the Iranian Islamic Criminal Code in 2013 and in Indonesia it is regulated in Law Number 35 of 2014 concerning Child Protection and Law Number 11 of 2012 concerning the Child Criminal Justice System. The regulation of legal protection for children in Iran and in the State of Indonesia, when compared, has quite basic differences in several aspects of the provisions of criminal acts and the criminal system. In the criminal setting in Iran, it justifies the application of the death penalty for crimes committed by children under 18 years of age. In the last 7 years, almost all juvenile offenders who were executed were sentenced to death based on qisas and hudud verses. Meanwhile, in Indonesia, it does not apply the death penalty to children but prioritizes restorative justice and diversion which is intended to avoid and keep children away from the judicial process so as to avoid stigmatization of children in conflict with the law and it is hoped that children can return to the social environment naturally.