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All Journal Ensiklopedia of Journal Ensiklopedia Education Review University Of Bengkulu Law Journal
Benget Hasudungan Simatupang
Fakultas Hukum Universitas Bengkulu
Arts Humanities Computer Science & IT Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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PEMBIARAN PERILAKU MEROKOK PADA ANAK SEBAGAI PELANGGARAN HAK ASASI ANAK UNTUK TUMBUH DAN KEMBANG SECARA SEHAT Benget Hasudungan Simatupang
Ensiklopedia Education Review Vol 4, No 2 (2022): Volume 4 No 2 Agustus 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v4i2.1680

Abstract

Children's rights are guaranteed in Constitution to grow in Article 28B paragraph 2. Teenage smokers in Indonesia are increasing every year. They are generally produced from parents or environmental smokers. This is a threat to the nation's next generation because smoking behavior causes health problems and acute illness. This research method is normative legal research with an approach to statutory regulations related to children's human rights to grow and develop in a healthy and optimal manner. The law does not clearly regulate protection so that children avoid smoking behavior but in Government Regulation Number 109 of 2012 concerning the Security of materials containing addictive substances in the form of tobacco for health there are special provisions so that a child (under 18 years) and pregnant women protected from addictive substances in the form of prevention activities, restoration of physical and mental health and social recovery. Factors that can encourage a child to become an active smoker are usually determined by the environment in which the child grows and develops. Such as easy access for someone to get cigarettes at relatively cheap prices and influence from peers or unhealthy associations. Efforts that can be made so that children avoid smoking behavior really need the participation of parents in taking the right approach for their children and firm action from the government in taking action against violators of provisions in laws and regulations. it is necessary to strictly regulate the prohibition of active smoking behavior towards children in a law with a rehabilitation paradigm.Keywords: Child Smoking Behavior, Human rights violations, Healthy Growth. 
PENERAPAN DIVERSI DALAM PENYELESAIAN PERKARA ANAK SEBAGAI UPAYA MENGURANGI BEBAN KERJA SISTEM PERADILAN PIDANA DI WILAYAH HUKUM POLRES BENGKULU Benget Hasudungan Simatupang; Sudirman Sitepu; Pipi Susanti
Ensiklopedia of Journal Vol 5, No 3 (2022): Volume 5 No. 1 Edisi 3 Desember 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (189.479 KB) | DOI: 10.33559/eoj.v5i3.1679

Abstract

The treatment of children as perpetrators of criminal acts should be in accordance with the Convention on the Rights of the Child as ratified by the government of the Republic of Indonesia with Presidential Decree Number 36 of 1990 concerning ratification of the Convention on the Rights of the Child (Convention concerning the Rights of the Child) which strictly regulates the rights of children who have problems and are related to criminal justice. The objectives and rationale of juvenile justice clearly cannot be separated from its main objective, namely to realize child welfare which is basically an integral part of social welfare. . Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System regulates Restorative Justice and Diversion with the mission to avoid and keep children away from the judicial process so as to avoid stigmatization of children who are in conflict with the law and it is hoped that children can return to the social environment as a whole. reasonable. This research is an empirical normative research that uses primary data, namely interviews and secondary data consisting of primary, secondary and tertiary legal materials. Methods of data collection through literature and interviews, while the data collection tool uses interview guidelines. From the results of the research it is known that cases of children who are dealing with the law must be tried at the Juvenile Court which is within the general court environment. The process of court cases for children since they are arrested, detained and tried, their guidance must be carried out by special officials who understand children's problems. However, before entering the judicial process, law enforcers, families and the community are required to seek a settlement process outside the court line, namely through Diversion based on a Restorative Justice approach at the investigation stage at the Police. There are several obstacles faced by investigators in implementing diversion, including victims or victims' families who still have a paradigm of retaliation against perpetrators so that perpetrators are deterred, legal awareness is still low and it is difficult to bring parties together in a meeting so that a diversion agreement is reached.Keywords: Juvenile Case, Diversion, Criminal Justice System.
HAK RESTITUSI BAGI ANAK YANG MENJADI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL Benget Hasudungan Simatupang; Clarita William; Sudirman Sitepu; Pipi Susanti
University Of Bengkulu Law Journal Vol. 8 No. 1 (2023): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.8.1.68-78

Abstract

Restitution arrangements are still lacking in terms of fulfilling the rights of victims of criminal acts. It is necessary to study the application for the right of restitution given to children as victims of criminal acts of violence and the legal consequences of restitution not being paid by the perpetrators. This study uses a type of normative research. The collection of legal materials was carried out using literature study techniques and analyzed using descriptive analysis. Government Regulation Number 43 of 2017 does not regulate coercion if the perpetrator is unable to carry out restitution, so there is no guarantee that restitution can be paid to a child as a victim of a crime. Therefore, this causes no certainty for children who are victims of criminal acts to receive restitution and imposition of sanctions against perpetrators of criminal acts who do not pay restitution in accordance with court decisions that have permanent legal force. Restitution in Law Number 12 of 2022 concerning Crimes of Sexual Violence emphasizes that in the event that the confiscated assets of the convict are not sufficient to pay restitution, the convict will be subject to a replacement prison sentence which does not exceed the threat of the principal sentence. The state then provides victim compensation.
Co-Authors Clarita William Pipi Susanti Sudirman SItepu