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All Journal Jurnal Online Mahasiswa (JOM) Bidang Keguruan dan Ilmu Pendidikan Journal of Teaching and Learning in Elementary Education JURNAL MERCATORIA Awang Long Law Review Jurnal Ilmiah Penegakan Hukum DIVERSI : Jurnal Hukum JUSTISI Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Journal La Sociale REVELATIA: Jurnal Ilmu al-Qur`an dan Tafsir Journal of Law, Poliitic and Humanities International Significance of Notary Academia Open
Rahmatul Hidayati, Rahmatul
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Public Health Social Sciences Other

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The Position of the Heritage Property Center (BHP) in Providing Legal Protection for the Civil Rights of Persons in Custody and the Child in Custody Budiarti, Lilik; Hidayati, Rahmatul; Sunardi, Sunardi
Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i6.2106

Abstract

This study uses normative juridical research, using the statute approach, conceptual approach, and historical approach. This thesis is studied to analyze all laws and regulations related to the administration, guardianship, duties and functions of BHP. In order to analyze the position of BHP in providing legal protection for the civil rights of people in custody and children in guardianship, namely as supervisors and guardians. as well as analyzing the legal consequences of a Notary deed or PPAT that contains a determination of custody and guardianship and is not notified or registered at BHP. Legal consequences of the Notary deed or PPAT, the act can be declared to violate Article 418 of the Civil Code, thus the deed can be declared null and void or worthless. So that this of course causes harm to the parties, for that the parties can file a civil lawsuit with a Notary or PPAT to be demanded for compensation for the losses that have been incurred from the making of the deed and can be administratively dismissed. To avoid the problems mentioned above, synergy and cooperation between all parties is needed, the Court, Dukcapil, BPN, Notary and PPAT and the Government also immediately issue a law that clearly regulates the affirmation of the Registration of Court Determination at BHP and strict sanctions if it is violated.
Legal Review of the Process of Handling Cases of Sexual Violence Against Children Utama, Bobby Edwan Ramnissa; Hidayati, Rahmatul; Parmono, Budi
Journal La Sociale Vol. 6 No. 6 (2025): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v6i6.2478

Abstract

This study aims to examine and analyze the handling of cases of sexual violence against children from a positive legal perspective, focusing on the implementation of legal procedures at the Batu Police Department. The method used is normative juridical, with a statutory and conceptual approach. The primary data sources consist of primary legal materials, such as the Criminal Code (KUHP), Law Number 35 of 2014 concerning Child Protection, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, and Law Number 11 of 2012 concerning the juvenile criminal justice system. Secondary legal materials were obtained from academic literature, scientific journals, and relevant law enforcement documents. The results of the study indicate that normatively, the handling of cases of sexual violence against children is clearly regulated through laws and regulations that require maximum protection for child victims, including in investigations, special treatment during examinations, and the fulfillment of victims' rights. However, in practice at the Batu Police Department, law enforcement still faces various challenges, such as limited investigative resources, minimal psychological support, and a lack of understanding of the victim's perspective. Furthermore, the legal process still does not fully comply with the principles of restorative justice mandated by the latest regulations. This study recommends improving the capacity of investigators through gender-sensitive and child protection training, strengthening synergy between the police, child protection agencies, and supporting agencies, and ensuring ongoing oversight of the case handling process to ensure optimal protection of child victims' rights at every stage of the legal process.
Regulasi Hukum Terhadap Pemidanaan Orang Yang Melakukan Kohabitasi (Kumpul Kebo) Sholikah, Ana; Hidayati, Rahmatul; Parmono, Budi; Muhibbin, Muh; Ilmania, Nurika Falah
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i1.3009

Abstract

Cohabitation (cohabitation) is an act that violates the juridical and social norms of criminal law carried out in the State of Indonesia. The research was prepared to find out the legal rules for cohabitation offenders and a comparison of cohabitation according to the Criminal Code Law Number 1 of 1946, Law Number 1 of 1951 and Emergency Law Number 1 of 1951 concerning Temporary Measures to Organize the Unity of the Structure of Powers and Procedures of Civil Courts. This research is normative juridical research using the technique of approaching the law. The results of the study reveal that in the regulation there is no explicit formulation policy on cohabitation in the Criminal Code / WvS. Legal arrangements for cohabitation offenders are contained in Article 412 of Law Number 1 of 2023 but have not been enforced. So that the legal arrangements for cohabitation offenders use Jurisprudence, but only certain regions use it. Keywords: Regulation; Legal Consequences; Cohabitation.
Non-Decriminalization of Political Offenses in Indonesia: A Study on Article 154 of the Criminal Code (KUHP) Parmono, Budi; Hidayati, Rahmatul; Ahnaf, Muhammad Qatrunnada
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 8, No 4 (2025): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v8i4.8136

Abstract

Article 154 of the Indonesian Criminal Code (Kitab Undang-undang Hukum Pidana; KUHP) is classified as a political offense because it is directed against the state, aims at public harm (public wrong), and involves non-violent expression of enmity or contempt (oral, written, or visual). The Dutch Government, however, viewed Article 154 KUHP as undemocratic and contrary to free expression and opinion, arguing it was only justifiable in colonial Indonesia for their interests. This created a divergence between the legislative interests of a colonized nation and a democratic one regarding 'expression' or 'opinion'. The Netherlands has equivalent provisions in Articles 137a to 137e of their Criminal Code, focusing on public insult against authorities or specific groups. While the Dutch code formulates these as formal insult offenses, Indonesia’s Article 154 KUHP is broader, covering both formal and material insult. Notably, Articles 137a and 137b of the Dutch Criminal Code were revoked in 1978 for conflicting with Dutch freedom of expression, while Article 154 KUHP remains enforced in Indonesia because its elements are considered identical to Political Offenses.
Criminal Accountability for Perpetrators of Distributing Child Pornography Content on Social Media Maliha, Rohatul; Hidayati, Rahmatul; Parmono, Budi
Academia Open Vol. 11 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.11.2026.13145

Abstract

General Background: The rapid development of information and communication technology has facilitated the spread of criminal activities in digital environments, including the distribution of child pornography on social media platforms. Specific Background: Children, as rights-bearing legal subjects requiring special protection, are increasingly exposed to sexual exploitation within open and anonymous online spaces, raising significant legal concerns in Indonesia. Knowledge Gap: Although multiple legal instruments regulate this crime, there remains limited clarity regarding the practical implementation and coordination of these regulations in addressing accountability. Aims: This study aims to analyze the existing legal frameworks and examine the forms of criminal accountability for perpetrators distributing child pornography content on social media. Results: Using a normative juridical method with statutory and conceptual approaches, the findings indicate that Indonesia’s legal provisions are normatively comprehensive and have been strengthened through various laws and regulations; however, enforcement faces persistent challenges, including difficulties in digital evidence collection, perpetrator tracking, and inter-agency coordination. Novelty: The study provides an integrated examination of multiple legal instruments alongside practical enforcement barriers in the digital context. Implications: Strengthening law enforcement capacity and improving regulatory synergy are necessary to ensure effective and just child protection in digital spaces. Highlights: Legal provisions addressing the issue are comprehensive and increasingly reinforced. Practical challenges arise in evidence handling, perpetrator identification, and institutional coordination. Strengthened enforcement capacity and regulatory alignment are required for improved child protection. Keywords: Criminal Accountability, Child Pornography, Social Media.
Co-Authors Ahnaf, Muhammad Qatrunnada Budiarti, Lilik Eddy Noviana Hidayati, Ummi Huda, Muhammad Nailul Isnaeni , Diyan Kulsum, Firda Ummi Ma'aly, Moh. Haizul Maliha, Rohatul Maulani, Siti Baroya MAYENDRA, ENDRA Moh Muhibbin, Moh Muhammad Aldi, Muhammad Muhibbin, Muh Otang Kurniaman Parmono, Budi Rokhim , Abdul Saiful Munir Sholikah, Ana Sunardi Sunardi Sunardi Supentri Utama, Bobby Edwan Ramnissa Zuliatin, Mafadhotul