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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Indonesia Law Reform Journal (ILREJ)
Yaris Adhial Fajrin
Fakultas Hukum, Universitas Muhammadiyah Malang
Law, Crime, Criminology & Criminal Justice

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Perlindungan Hak Anak Sebagai Korban Tindak Pidana Persetubuhan dalam Penyelidikan : (Studi di Kepolisian Resort Kota Batu) Fachry Ahsany; Sidik Sunaryo; Yaris Adhial Fajrin
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (252.494 KB) | DOI: 10.22219/ilrej.v2i3.22404

Abstract

This research was to determine the form of providing protection for children's rights as victims of the crime of sexual intercourse during the investigation stage. This study uses a sociological juridical method with an empirical legal approach that describes the actual conditions that live in society. Data was collected by direct observation at the Criminal Investigation Unit of the PPA Police of the Batu City Resort Police, interviews with investigators and other related parties. The data analysis technique is the investigation of children's rights as victims of criminal acts of sexual intercourse based on Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. The results of this study are that in the investigation process there are still obligations for children's rights that are not given or fulfilled, such as children being free from treatment that demeans their dignity and getting social advocacy assistance from child social workers during examinations at the police to determine physical, psychological and psychosocial conditions. The child is a victim of a crime of sexual intercourse.
The Synergy of Customary Criminal Law and National Criminal Law: Orientation Towards Criminal Law Pluralism Kukuh Dwi Kurniawan; Yaris Adhial Fajrin; Ade Sathya Sanathana Ishwara
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3358

Abstract

The synergy between customary criminal law and national criminal law is an important orientation in criminal law reform. This can be seen from the substance of the New Criminal Code which emphasizes the importance of acknowledging the existence of customary criminal law so that aspects of legal pluralism are implemented. This study aims to analyze aspects of the notion of pluralism of criminal law in Indonesia as well as to describe the new orientation of Indonesian criminal law which emphasizes the synergy between customary criminal law and national criminal law. This research is a juridical-normative legal research using a conceptual and statutory approach. The results of the study confirm that the development of the idea of legal pluralism in Indonesia has implicitly been going on for a long time and has even been discussed in a limited way at the BPUPK-PPKI session. After the ratification of the New Criminal Code, the idea of criminal law pluralism has increasingly come to the fore by providing recognition of customary criminal law which emphasizes that after the passage of the New Criminal Code there has been a change in the orientation of legal pluralism which leads to aspects of public law, namely criminal law pluralism. orientation and synergy between national criminal law and customary criminal law based on legal pluralism also requires synergy and precise division of tasks between national law enforcement officials and customary law enforcement officials
Co-Authors Ade Sathya Sanathana Ishwara Fachry Ahsany Kurniawan, Kukuh Dwi Sidik Sunaryo