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Addressing Juvenile Protection Discrepancies: A Study on Legal Safeguards and Challenges against Sexual Abuse by Educators in Seluma Regency Pradityo, Randy; Rahmasari, Helda; Ramadhani, Susi; Suhertini, Sakinah; Lekattia, Kurnia
The Indonesian Journal of International Clinical Legal Education Vol 5 No 4 (2023): Sustainable Development and Legal Innovations: Exploring Environmental Conservati
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v5i4.76321

Law Number 11 of 2012, commonly referred to as the Juvenile Criminal Justice System Law, stands as a legal framework designed to safeguard children entangled in legal conflicts. Its primary objective is to secure a promising future for these children, facilitating opportunities for identity development that fosters independence, responsibility, and constructive contributions to themselves, their families, society, and the nation. Despite the existence of these legal safeguards, their efficacy often encounters challenges within the intricate dynamics of social life. This disjunction is particularly conspicuous in institutional environments such as schools, where the assurance of safety is not guaranteed. Disturbingly, statistical data compiled by the PPA Unit of the Criminal Investigation Unit of the Seluma Police spanning from 2019 to 2021 reveals a disconcerting prevalence of eight cases of sexual abuse perpetrated by teachers against their students. A poignant instance unfolded in Talang Alai Village, Kec. Air Periukan District, wherein a child named RA became a victim of molestation by an individual identified by the initials AI on August 18, 2019. In response to these distressing occurrences, this research endeavors to formulate strategies for addressing criminal acts of sexual abuse committed by teaching staff in Seluma Regency. The study aims to meticulously scrutinize and analyze the prevalence of such crimes, providing scholarly insights into the harsh reality of sexual abuse committed by teaching staff in this specific region.

Rethinking Early Marriages in Indonesia: Advocating for Reform to Tackle Domestic Conflict, Violence, and Rights Infringements Utami, Ria Anggraeni; Pradityo, Randy; Karo, Lidia Br.; Karinda, Risna
Indonesian Journal of Advocacy and Legal Services Vol 5 No 1 (2023): Various Issues on Advocacy, Policy-Making, and Law Enforcement
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i1.66569

The significance of establishing an age limit for marriage cannot be overstated, as marrying at a young age often leads to heightened domestic conflicts, encompassing instances of domestic violence and an increased likelihood of divorce. This study employs an empirical juridical research method, combining field research and library materials, to delve into the factors contributing to child marriages. The findings reveal various drivers of child marriages, notably rooted in economic hardships within families (poverty), parental-arranged marriages, influence from peer groups with a high prevalence of early marriages, cultural perspectives on marriage age, discontinued education, and instances of premarital sexual activities. The repercussions of child marriages extend beyond the act itself, jeopardizing fundamental rights that the young individuals may have otherwise enjoyed. This research underscores the vulnerability of several rights in the context of child marriages, including the right to education, the right to a sustainable livelihood, the right to holistic growth and development, and the right to live free from violence. The forms of violence stemming from child marriages are manifold, encompassing both physical and psychological abuse perpetrated by partners or individuals with familial ties, such as blood relations, marital bonds, and guardians residing in the household. Addressing these multifaceted factors is crucial for the protection and well-being of individuals ensnared in early marriages, paving the way for more informed policies and interventions.

Relasi Kebijakan Kriminal dan Hak Asasi Manusia dalam Upaya Penanggulangan Kejahatan Randy Pradityo
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

The state has the authority to regulate how social organisations' activities are coordinated and directed towards national goals. This power is wielded through the legal system, with the help of the government and all its agents. The most important thing a country needs is power, which manifests itself in its ability to regulate the population (society) that lives on its territory. One of these arrangements can be seen in the government's anti-crime initiatives. Crime prevention efforts can be seen in crime statistics prepared by the Central Statistics Agency (BPS). According to crime statistics, the number of crimes committed in Indonesia is on the rise. As a result, it is critical to conduct research to combat crime by investigating the relationship between human rights and criminal policy. This study employs the normative research method. The goal of this study is to provide a fair assessment of criminal policy and crime prevention efforts. This legal research used both a statutory and a conceptual approach. Aside from using criminal channels, Indonesia must tackle crime by developing non-penal policies based on crime statistics. This non-penal policy may take a technological, cultural, moral/educational, global, or international cooperation approach, as well as a scientific one. What must be understood is that all crimes are the result of economic factors such as poverty and others. As a result, the government or state is expected to be present before the crime takes place to ensure the protection of citizens' human rights.

Rethinking Early Marriages in Indonesia: Advocating for Reform to Tackle Domestic Conflict, Violence, and Rights Infringements Utami, Ria Anggraeni; Pradityo, Randy; Karo, Lidia Br.; Karinda, Risna
Indonesian Journal of Advocacy and Legal Services Vol. 5 No. 1 (2023): Various Issues on Advocacy, Policy-Making, and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i1.29849

The significance of establishing an age limit for marriage cannot be overstated, as marrying at a young age often leads to heightened domestic conflicts, encompassing instances of domestic violence and an increased likelihood of divorce. This study employs an empirical juridical research method, combining field research and library materials, to delve into the factors contributing to child marriages. The findings reveal various drivers of child marriages, notably rooted in economic hardships within families (poverty), parental-arranged marriages, influence from peer groups with a high prevalence of early marriages, cultural perspectives on marriage age, discontinued education, and instances of premarital sexual activities. The repercussions of child marriages extend beyond the act itself, jeopardizing fundamental rights that the young individuals may have otherwise enjoyed. This research underscores the vulnerability of several rights in the context of child marriages, including the right to education, the right to a sustainable livelihood, the right to holistic growth and development, and the right to live free from violence. The forms of violence stemming from child marriages are manifold, encompassing both physical and psychological abuse perpetrated by partners or individuals with familial ties, such as blood relations, marital bonds, and guardians residing in the household. Addressing these multifaceted factors is crucial for the protection and well-being of individuals ensnared in early marriages, paving the way for more informed policies and interventions.

KRIMINALISASI PENYALAHGUNAAN WEWENANG DALAM TINDAK PIDANA YANG BERKAITAN DENGAN PENGELOLAAN DAN PERTANGGUNGJAWABAN KEUANGAN NEGARA (Criminalization of Authority Abuse In Criminal Act Related to Management And Accountability of State Finance) Pradityo, Randy
Jurnal Ilmiah Kebijakan Hukum Vol 10, No 3 (2016): November Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2016.V10.269-278

Dalam mengelola dan mempertanggungjawabkan keuangan negara, hendaknya mengutamakan asas transparansi dan akuntabilitas. Hal tersebut dikarenakan pengelolaan keuangan negara memang cukup rentan dengan pelanggaran bahkan menjurus pada penyalahgunaan wewenang, terutama ketika dalam proses pemeriksaan, pertanggungjawaban maupun setelahnya. Karena kerentanan itu pula, perlu berbagai upaya agar dapat menanggulangi pelanggaran atau penyalahgunaan wewenang tersebut, salah satunya melalui sarana penal. Penulis menganalisa kebijakan kriminalisasi penyalahgunaan wewenang dalam pengelolaan dan pertanggungjawaban keuangan negara yang dilakukan oleh pemeriksa keuangan, yang memang mempunyai kewenangan cukup besar dalam memeriksa pengelolaan dan pertanggungjawaban keuangan negara. Maka dari itu untuk menanggulangi penyalahgunaan wewenang tersebut, perlu keterlibatan dari masyarakat luas sebagai fungsi kontrol agar tercipta sistem pengelolaan dan pertanggungjawaban keuangan negara yang baik dan transparan.AbstractIn managing and taking responsibility for state finance should accentuate transparency and accountability principles. Because it is vulnerable with a violation that even it can lead to abuse of authority, especially when examining the process, accountability and after. So, it is necessary to prevent the violation or its abuse through court proceedings (penal). The writer analyzes criminalization policy of authority abuse in managing and taking accountability of state finance conducted by finance auditor whose big authority in examining of state finance. To prevent its abuse, it is needed the involvement of society as control function in order to create a good and transparency of management and accountability of state finance system.

RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK Pradityo, Randy
Jurnal Hukum dan Peradilan Vol 5 No 3 (2016)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.5.3.2016.319-330

Children as the nation's next generation is already deserve special attention. It aims in order to develop the child to realize the quality of human resources. Therefore, it is also necessary legal infrastructure to anticipate any problems that arise. The legal means to anticipate stigma or stamp evil inflicted when the child against the law, as well as restoring and re-socialize the child. One solution is to divert or placing the offender children out of the criminal justice system as well as providing an alternative to the settlement with justice approach in the best interests of the child, who was then known as restorative justice approach. Restorative justice which is the implementation of the concept of diversion has been formulated in the juvenile justice system, but a good system must be accompanied by an attitude which is imbued with the will to perceive and believe that this world is always getting better. In addition, should the principle of the best interest of the children always come first when dealing with children in conflict with the law.Keywords : restorative justice, diversion, criminal justice system, children

PENYELESAIAN PERSELISIHAN INTERNAL PARTAI POLITIK SECARA MUFAKAT DAN DEMOKRATIS / DISPUTE RESOLUTION OF INTERNAL POLITICAL PARTIES IN CONSENSUS AND DEMOCRATIC Pradityo, Randy
Jurnal Hukum dan Peradilan Vol 7 No 3 (2018)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.7.3.2018.375-386

Penyelesaian perkara pada jalur litigasi yang cenderung lambat ditambah dengan penumpukan perkara, didukung dengan banyaknya celah atau kekurangan pada undang-undang partai politik, khususnya terkait penyelesaian perselisihan internal partai. Banyaknya permasalahan tersebut mengharuskan setiap individu yang terlibat untuk mengambil tindakan progresif dengan melampaui peraturan tersebut. Tindakan progresif yang dimaksud salah satunya melalui jalur non-litigasi yakni mediasi. Mediasi dilaksanakan dengan musyawarah mufakat, dengan melibatkan rakyat didalamnya, atau lebih tepatnya tokoh masyarakat yang dirasa netral. Terlepas hal itu merupakan sengketa internal partai, namun rakyatlah yang memiliki andil di dalam setiap roda kehidupan partai politik di dalam sistem demokrasi. Kemudian ada beberapa cara yang bisa ditempuh dalam rangka penyelesaian perselisihan internal partai politik, selain mediasi tadi, ada tiga sistem penunjang untuk mencegah potensi buruk yang ditimbulkan akibat gejolak internal partai. Pertama, melalui mekanisme internal yang menjamin demokratisasi melalui partisipasi anggota partai politik tersebut dalam proses pengambilan keputusan. Kedua, melalui mekanisme transparansi partai melalui rakyat di luar partai yang dapat ikut-serta berpartisipasi dalam penentuan kebijakan yang hendak diperjuangkan melalui dan oleh partai politik. Ketiga, menjamin kebebasan berpikir, berpendapat dan berekspresi, serta kebebasan untuk berkumpul dan berorganisasi secara damai.The settlement of cases in litigation pathways that tend to be slow coupled with the accumulation of cases, supported by the many gaps or shortcomings in the laws of political parties, especially related to the settlement of internal party disputes. The number of these problems requires every individual involved to take progressive action by exceeding these regulations. The progressive actions that are meant by one of them through non-litigation means mediation. Mediation is carried out through consensus deliberations, involving the people in it, or more precisely the community leaders who are perceived as neutral. Apart from that it is an internal party dispute, but it is the people who have a share in every wheel of the life of a political party in a democratic system. Then there are several ways that can be pursued in order to resolve internal political party disputes, in addition to the mediation, there are three support systems to prevent the bad potential arising from internal party turmoil. First, through an internal mechanism that guarantees democratization through the participation of members of the political party in the decision making process. Second, through the mechanism of party transparency through people outside the party who can participate in the determination of policies that are to be fought for through and by political parties. Third, guarantee the freedom of thought, opinion and expression, as well as the freedom to gather and organize peacefully.

Policies on Prevention and Repression Against Sexual Violence for Higher Education: The Challenges and Expectations Rahmasari, Helda; Pradityo, Randy; Karinda, Risna; Sitepu, Sudirman; Widyawati, Anis
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.42736

The Government's Policies on Prevention and Repression against Sexual Voilance in Higher Education through the Regulation of the Minister of Education, Culture, Research, and Technology of the Republic of Indonesia Number 30 of 2021 is a symbol of follow-up from the government to address the phenomenon of sexual violence in tertiary institutions in Indonesia. This study aims to analyze the challenges and expectations related to this policy. There are a number of qualitative and quantitative methods that are used in this study, which include interviews, questionnaires, and document analyses, and all are empirical research methods. There are several tertiary institutions in Indonesia, particularly those in Bengkulu City that have implemented Government's Policies on Prevention and Repression against Sexual Voilance in Higher Education, according to the results of this study. It is also important to note that there are also tertiary institutions that have not implemented these policies, but instead have their own policies or rules in regards to dealing with incidents of sexual violence at their institutions. A number of tertiary institutions, including tertiary schools in Indonesia, follow up on the rules governing the prevention and handling of sexual violence, but they follow policies that are not in line with the Regulation of the Minister of Education, Culture, Research and Technology of the Republic of Indonesia Number 30 of 2021 on Government's Policies on Prevention and Repression against Sexual Voilance in Higher Education.

The Idea of Privatization and Self-Financing of Prison Management in Positive Law and Islamic Law Herlambang, Herlambang; Pradityo, Randy; Rahmasari, Helda; Eryke, Herlita; Putra, Yagie Sagita
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.9055

This research aims to explore the basics of the idea of abolishing criminal justice in Indonesia and possible alternative solutions to problems that arise in prisons, especially from a theoretical perspective and comparison with Islamic law and customary law. The legal research method in this research is normative (doctrinal), research activities carried out include inventorying, explaining, interpreting and systematizing and broadcasting all Islamic law and customary law, which are related to the idea of abolishing prison sentences. The results of the research show that imprisonment is not recognized in the Islamic view, whereas currently imprisonment is acceptable only as long as the punishment provides a lot of benefits or kindness or benefits to society. Thus, imprisonment is not an absolute in the view of Islamic law. Based on the inventory of customary law as the original unwritten law of the Indonesian nation, no form of imprisonment was found. Therefore, without imprisonment, customary law can be enforced to maintain order and create justice in Indonesian society. From this analysis, especially related to the study of Islamic law and customary law, it is concluded that imprisonment can be considered for abolition if its shortcomings are more dominant than its benefits. Apart from that, the Indonesian Government should provide a forum for the idea of privatizing correctional institutions in the sense that the management of correctional institutions is carried out by private parties on a non-profit basis.

Addressing Juvenile Protection Discrepancies: A Study on Legal Safeguards and Challenges against Sexual Abuse by Educators in Seluma Regency Randy Pradityo; Helda Rahmasari; Susi Ramadhani; Sakinah Suhertini; Kurnia Lekattia
The Indonesian Journal of International Clinical Legal Education Vol. 5 No. 4 (2023): Sustainable Development and Legal Innovations: Exploring Environmental Conserva
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v5i4.36621

Law Number 11 of 2012, commonly referred to as the Juvenile Criminal Justice System Law, stands as a legal framework designed to safeguard children entangled in legal conflicts. Its primary objective is to secure a promising future for these children, facilitating opportunities for identity development that fosters independence, responsibility, and constructive contributions to themselves, their families, society, and the nation. Despite the existence of these legal safeguards, their efficacy often encounters challenges within the intricate dynamics of social life. This disjunction is particularly conspicuous in institutional environments such as schools, where the assurance of safety is not guaranteed. Disturbingly, statistical data compiled by the PPA Unit of the Criminal Investigation Unit of the Seluma Police spanning from 2019 to 2021 reveals a disconcerting prevalence of eight cases of sexual abuse perpetrated by teachers against their students. A poignant instance unfolded in Talang Alai Village, Kec. Air Periukan District, wherein a child named RA became a victim of molestation by an individual identified by the initials AI on August 18, 2019. In response to these distressing occurrences, this research endeavors to formulate strategies for addressing criminal acts of sexual abuse committed by teaching staff in Seluma Regency. The study aims to meticulously scrutinize and analyze the prevalence of such crimes, providing scholarly insights into the harsh reality of sexual abuse committed by teaching staff in this specific region.

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