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All Journal International Journal of Law Reconstruction Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Konstatering TABELLIUS
Achmad Arifulloh, Achmad
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

 1 
Effectiveness of Protection and Recovery Implementation for Child Victims of Sexual Violence Arifulloh, Achmad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i1.3523

Abstract

In its development, the criminal justice system in Indonesia only positions child victims of sexual violence as reporters and witnesses. This is clearly unfair to victims who suffer material and non-material losses. The urgency of this research is that the regulation of restitution for child victims of sexual violence has resulted in the violation of rights and justice for children victims of sexual violence. This article aims to determine and analyze the effectiveness of implementing restitution for child victims of sexual violence. The type of approach used is the normative juridical method. The results of the research show that the effectiveness of implementing the protection and recovery of child victims of sexual violence has not been effective, This is due to the lack of implementation of restitution for child victims of sexual violence which ultimately also hinders the implementation of rehabilitation for child victims of sexual violence. The obstacles that influence this are legal regulations which still do not explicitly and clearly contain the implementation of restitution. This culturally also hinders the system of implementing restitution for child victims of sexual violence. Solutions that can be implemented are efforts to provide counseling, improve facilities and infrastructure in efforts to prevent and eradicate sexual abuse against children, the need for a safe house for child victims of sexual abuse during the legal process, provide understanding to victims regarding their rights, and it is necessary to regulate the amount of restitution for child victims of sexual violence.
Responding the Crime of Running Away from Underage Girls: is Mediation the Right Solution Arifulloh, Achmad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.3777

Abstract

The research was based on the large number of criminal cases of running away underage women that occurred in Demak Regency. This research aims to find out and understand the legal construction of the crime of running away from underage women, the factors that cause the crime of running away from underage women, and the process of resolving the crime of running away from underage women through mediation. The research method uses a juridical-sociological approach. The results of this research show that the legal construction of the criminal act of running away from underage girls according to the Criminal Code is regulated in Article 332 and Article 82-83 of Law Number 23 of 2002 concerning Child Protection as amended by Law Number 35 2014 concerning Child Protection and must have elements of the subject running away, the object being run away and the act of taking them away. And the factors that cause the crime of running away from underage girls are factors: 1) lack of social interaction, 2) economic factors, 3) parental attention factors, 4) educational factors, and 5) low religious knowledge and the process of resolving criminal acts. Escaping minors through mediation is carried out in the following stages: 1) Report/complaint reception stage, 2) Forum formation stage, 3) Problem deepening stage, 4) Final settlement stage and determining the results of the agreement, 5) Stage involving community leaders, and 6) Mediation ending stage.
Co-Authors Butarbutar, Romasni Hapsari, Anindya Ayu ISWAHYUDI ISWAHYUDI Kostiawan, Shaiful Nanang Sri Darmadi Onetra, Rico Rizqi, Adella Fania Rusilah, Eni Sterisa, Raden Roro Nadia Sukrisno, Wijayono Hadi Triwibowo, Bagus Widayati Widayati