M Taofik Makarao
Universitas Islam As-Syafiiyah

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Perlindungan Hukum bagi Anak Pelaku Tindak Pidana Seksual menurut Undang-Undang Nomor 35 Tahun 2014 tentang Perlindungan Anak Ulfah Hidayah; M Taofik Makarao; Syarif Fadillah
Jurnal Hukum Jurisdictie Vol 2 No 2 (2020): Perlindungan Anak dalam Perspektif Hukum
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (292.618 KB) | DOI: 10.34005/jhj.v2i2.34

Abstract

Ulfa Hidayah Syarikatunnamla, 1220160028, Legal Protection for Child Actors Sexual Offenses According to Law No. 35 of 2014 regarding Child Protection. A child who has committed a criminal act of sexual need still obtain legal protection in all proceedings before or during the trial in the best interest of the child. The government has established Law Number 35 of 2014 concerning Child Protection as a strong legal basis to protect the rights of children as perpetrators. This research uses a qualitative descriptive research method, which is in the form of describing, analyzing and analyzing the applicable provisions, to provide an overview of how legal protection for child perpetrators of sexual crimes is linked to the Child Protection Act. The results of this study have illustrated that the Child Protection Law is good enough in terms of protecting children's rights and sanctions for children who violate the rules. It's just that what needs to be considered is the implementation, so that the regulations and their implementation can go walk side by side.
Perlindungan Hukum Hak-Hak Anak Pengguna Narkoba dan Pertanggungjawaban menurut Hukum Positif di Indonesia Mila Azizah; M Taofik Makarao; Syarif Fadillah
Jurnal Hukum Jurisdictie Vol 2 No 2 (2020): Perlindungan Anak dalam Perspektif Hukum
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (307.184 KB) | DOI: 10.34005/jhj.v2i2.35

Abstract

Cases of children as drug users are victims of drug abuse who are vulnerable to being part of the drug trafficking circle, even becoming an opportunity for dealers and suppliers to use children as couriers. The main problem of this research is about the legal protection of the rights of children who use drugs and criminal responsibility for children as perpetrators of criminal acts of drug users according to positive law in Indonesia. The research carried out for this thesis is normative legal research with a law and comparative approach. Data collected through primary, secondary and tertiary legal materials which were then analyzed qualitatively to obtain research results regarding the legal protection of the rights of children who use drugs to obtain legal assistance at the stage of investigation, prosecution and court based on the provisions of Law Number 3 of 1997 concerning Juvenile Court and criminal responsibility for children as perpetrators of criminal acts of drug users by undergoing action in the form of rehabilitation as drug abuse based on Law Number 3 of 1997 concerning Juvenile Court.
Implikasi Penyelesaian Perkara Anak Pelaku Penyalahguna Narkotika melalui Mekanisme Diversi dalam Perspektif Perlindungan Anak Nurkholis Nurkholis; M Taofik Makarao; Damrah Mamang
Jurnal Hukum Jurisdictie Vol 2 No 2 (2020): Perlindungan Anak dalam Perspektif Hukum
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (411.093 KB) | DOI: 10.34005/jhj.v2i2.36

Abstract

In general, the definition of diversion is the transition of settlement of child cases from criminal justice processes to processes outside criminal justice. In which, the diversion processes will apply a restorative justice approach as the goal of punishment in handling cases of child drug abusers. Nowdays, punishment is not the best solution for children. Imposing imprisonment for children who commit narcotics offenses becomes lame when Law Number 11 of 2012 Concerning the Child Criminal Justice System and Law Number 35 of 2009 concerning Narcotics, which emphasizes the rehabilitation process for addicts and narcotics abusers, are not implemented by the authorities. law enforcer. In addition, this thesis discusses and describes the factors that cause children to abuse narcotics, law enforcement against children of narcotics abusers through diversion mechanisms, and their implications for solving cases of children who abuse narcotics from a child protection perspective. This research is a normative juridical study, where the author examines the law which is then linked to the extent to which these regulations are applied and applicable in society. The results of this study reveal the factors that cause children to become offenders of narcotics crimes, which consist of internal and external factors, then law enforcement against children of narcotics abusers through a diversion mechanism must be carried out at all levels of the legal process both at the Pre-Adjudication, Adjudication, and Post Adjudication stages. This is in accordance with the Philosophy of Child Criminal Justice, which is to realize children's welfare and avoidance of retaliation, and its implications for the settlement of cases of children who abuse narcotics from a child protection perspective in 2 Decisions Number 53/Pid.Sus-Anak/2017/PN.Jkt.Brt, and Decision Number 47/Pid.Sus-Anak/2017/PN.Jkt.Brt, the fact is that no evidence has been found that diversion has been attempted, even though in the trial process the reference is made for the Juvenile Criminal Justice System. Whereas in a case that is almost similar through the Surabaya District Court Decision Number 111/Pid.Sus-Anak/2014/PN.Sby successfully attempted by diversion, so that differences in decisions or decisions can result in legal uncertainty and harm the interests, welfare and protection of children.