Claim Missing Document
Check
Articles

Found 4 Documents
Search
Journal : Kosmik Hukum

Mencegah Second Victimization Melalui Asesmen Terpadu bagi Korban Penyalahgunaan Narkotika di Kabupaten Banyumas Yusuf Saefudin; Gamalel Rifqi Samhudi
Kosmik Hukum Vol 21, No 3 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i3.12029

Abstract

Cases of drugs abuse and illicit trafficking continue to rise along with the increasing number of addicts and abusers of narcotics. Addicts and Victims of Narcotics Abuse are often in a dilemma between the perpetrator or victim. Assessment integrated can clarify their position. The problems studied in this research is about how the concept of assessment integrated into the case of criminal acts of narcotics and how the mechanism of placement of victims of abuse of narcotics into institutions of rehabilitation. This research is a juridical-sociological, designed using survey method, observation, interview and literature study. The Data obtained were collected and analyzed qualitatively with the model of descriptive-analytical. Based on the results of research, assessment integrated designed to distinguish between addicts and victims of narcotics abuse with a drug dealer/courier narcotics. Assessment integrated to produce recommendations that contain a description of the involvement of the suspect with a network of illicit narcotics, the level of dependence on narcotics and a plan of rehabilitation of addicts and victims of narcotics abuse. Of the 15 cases studied, there were 8 cases of drug abuse and only 1 of 8 such cases that boil down to rehabilitation. The assessment integrated a mechanism that is able to avoid the victims of the abuse of narcotics from the threat of imprisonment. Avoiding the victims of drug abuse from a criminal to prison is expected to break the chain of problems of drug abuse and illicit trafficking. It can be realized through a pattern of different handling between the addict/abuser with a drug dealer/courier narcoticsKeywords: Integrated Assessment, the Narcotics Crime, the Victims of Drug Abuse 
Legal Protection for the Victims of Religious Hate Speech on the Internet Agus Raharjo; Yusuf Saefudin; Sonny Zulhuda
Kosmik Hukum Vol 23, No 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i2.18426

Abstract

Over recent decades, the boom in information and communication technologies (ICTs) has brought completely new ways of establishing and maintaining relationships. Nevertheless, in very different ways, people are vulnerable to multiple forms of violence that threaten their physical and psychological integrity. Various media and new technologies are explored, but particularly the Internet and mobile phones and the convergence between the two are discussed. The religious hate speech was easily found on the internet. The victims on certain social media can report it to the managers for blocked. But on some websites, such things cannot be done, so those who feel victimized ended up doing the same thing to the first attack. Cyberwar through words will continue without end. State responses alone will never be sufficient. This happens for several reasons. First, the possibility of anonymity; second, the rapidly growing anarchy in cyberspace as a form of culture wild-wild west; the third, still weak law enforcement in the field of cybercrime – especially religious hate speech; fourth, the possibility of committing crime outside the criminal jurisdiction of a country; and fifth, diminishing of tolerant awareness. There should be a criminal policy and strong in handling this crime, and growing healthy behaviors for Internet users to communicate with other users.Keywords: cybercrime; religious hate speech; internet; anonymity; anarchy.
Death Penalty and Right to Life: A Comparison between International Bill of Human Rights and Islam Mahdi Muhammad; Kem Nori Alfath; Yusuf Saefudin
Kosmik Hukum Vol 23, No 3 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i3.18390

Abstract

In human history, the death penalty is not a brand-new form of punishment. In early civilizations, it was known and widely used throughout the world. It was legalized in Codex Hammurabi. Contrary to its long history, the view changed radically after World War II. The abolition of it began to be propagated during the Universal Declaration of Human Rights (UDHR) formulation in 1948 due to respect for the right to life. Islam adheres to the fundamental principle that everyone has the right to life, but that does not mean there is no death penalty in Islam. In this research, the problem to be solved is whether the death penalty regulation, according to the International Bill of Human Rights and Islam, has accommodated the right to life. The purpose of it is to find out and analyze which death penalty regulatory regime is more accommodating to the right to life. This type of research is normative juridical research using secondary data consisting of primary and secondary legal materials. The approaches used are statute and comparative approaches. This research shows that the right to life is thoroughly accommodated in the Islamic death penalty regulation, while the abolition of it under the mandate of the International Bill of Human Rights, especially the Second Protocol to International Covenant on Civil and Political Rights, only accommodates the perpetrator right to life of the perpetrator by ignoring many people right who could potentially be taken away if they are not sentenced to death.Keywords: right to life, death penalty, Islam.
Tindak Pidana Kekerasan Seksual dan Perlindungan Hukum bagi Korban Kekerasan Seksual di Indonesia Yusuf Saefudin; Fatin Rohmah Nur Wahidah; Rahtami Susanti; Luthfi Kalbu Adi; Prima Maharani Putri
Kosmik Hukum Vol 23, No 1 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i1.17320

Abstract

This study aims to describe the various forms of acts that fall into the category of criminal acts of sexual violence. In addition, this research is directed to comprehensively examine what forms of legal protection for victims of sexual violence in Indonesia have been specifically regulated in Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence. Therefore, this research is designed using the normative juridical method. Where the main data comes from laws and regulations, legal concepts related to sexual violence. The approaches used are statute approach and conceptual approach. The results showed, first, there are twelve types of sexual violence criminal offenses regulated in the TPKS Law. Second, Victims are entitled to Handling, Protection, and Recovery since the occurrence of Sexual Violence Crimes. Meanwhile, victims with disabilities are entitled to accessibility and reasonable accommodation for the fulfillment of their rights in accordance with the provisions of laws and regulations.Keywords: Legal Protection, Sexual Violence, Victims of Sexual Violence.