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Journal : Journal on Education

Implementasi Pendampingan Pemeriksaan Awal Terhadap Anak yang Berhadapan dengan Hukum oleh Pembimbing Kemasyarakatan pada Balai Pemasyarakatan Kelas I Manado Pahotan Butarbutar; Devy Sondakh; Caecilia Waha
Journal on Education Vol 5 No 2 (2023): Journal on Education: Volume 5 Nomor 2 Tahun 2023
Publisher : Departement of Mathematics Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joe.v5i2.1170

Abstract

Children, including children who are in conflict with the law, are the future of the nation whose rights must be fulfilled so that they can grow and develop according to their potential. Probation Officer at Correctional Hall have the authority to provide assistance during the initial investigations by the police. This study aims to examine the rules and implementation of assistance for initial examination of children in conflict with the law by Probation Officer at the Class I Manado Correctional Hall. The method used in this research is empirical normative legal research. The results of the study show that Probation Odfficer in implementing initial examination assistance for children in conflict with the law carry out the role of researcher, mediator, and carry out a supervisory role. Probation Officers provide recommendations in the form of social research results (Penelitian Kemasyarakatan/Litmas) which are also a requirement in the process of investigation, prosecution and court hearings. In order for the implementation of assistance to run optimally, the advice that can be given is that it is hoped that there will be better coordination between law enforcers, be it the police, prosecutors, courts, and Correctional Hall, and it is hoped that Probation Officers will develop knowledge in fields other than law, namely science social welfare, psychology, and sociology.
Analisis Yuridis Penistaan Agama di Media Sosial Menurut Hak Asasi Manusia Aime Sumolangi; Emma V. T. Senewe; Caecilia J. J. Waha
Journal on Education Vol 6 No 1 (2023): Journal On Education: Volume 6 Nomor 1 Tahun 2023
Publisher : Departement of Mathematics Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joe.v6i1.3618

Abstract

Freedom of expression through social media is one of the rights guaranteed in international human rights agreements. Nonetheless, this freedom can create conflict if freedom of expression is used to insult or harass certain groups or religions. This thesis will examine the juridical analysis of religious blasphemy on social media according to human rights. The criminalization of blasphemy in Indonesia is primarily based on two legal documents. Article 156(a) of the Criminal Code criminalizes the expression "enmity, hatred or contempt for" a religious group. A presidential decree enacted in 1965 (PD No. 1/PNPS/1965) broadened the definition of blasphemy to prohibit “distorted interpretations” of religious teachings. Individuals convicted of blasphemy charges can be sentenced to a maximum of four years in prison under the Criminal Code and five years in prison under a presidential decree. This research is a type of library research. The data sources used in this study are secondary data in the form of books, journals, research results and other written sources. Data collection techniques were carried out using the documentation method and review of the written sources. The journals used in this study are journals published in the last 5 years, namely the period 2018-2022. The results of the study show that the human rights law against religious blasphemy in social media in Indonesia is basically contrary to universal human rights recognized in international conventions on freedom of expression. The existing human rights legal arrangements in Indonesia also do not yet cover in detail the limits of freedom of expression on social media which are considered to be religious blasphemy.