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Journal : Kosmik Hukum

School Transfer to Support Reintegration of Juveniles Involved in Inappropriate Photo-Sharing Situmeang, Ampuan; Hutauruk, Rufinus Hotmaulana; Alhakim, Abdurrakhman; Febriyani, Emiliya
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25550

Abstract

One the negative usages of digital technology is the sharing of inappropriate photo to someone online. However, as social media users are often the target of doxing, young persons who commit this offense can also be considered victims, leaving them vulnerable to bullying, especially in their own environment, such as school. Using normative legal research method and statutory approach, this research analyzes the potentials of school transfer as a post-criminal proceedings method for juveniles who commit sexual offense in the form of inappropriate photo-sharing, to first get them to an environment safe enough for them to be educated on their mistakes in another school, which is important for their growth. This study identifies normative gaps within the Juvenile Justice, Pornography, and Education Laws that hinder the reintegration of juveniles involved in online sexual offenses, proposing school transfer as a mitigative strategy against bullying and harassment. It emphasizes the need for further research to address implementation challenges, underscoring the importance of a holistic restorative justice approach.
Mens Rea and Causal Nexus in Public Procurement Corruption: Reconstructing Anti-Corruption Frameworks in ASEAN Seroja, Triana Dewi; Chansrakaeo, Ruetaitip; Febriyani, Emiliya; Hutauruk, Rufinus Hotmaulana; Alhakim, Abdurrakhman
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.28398

Abstract

Public procurement corruption is one of the most prevalent forms of corruption, with one of the most dangerous and potentially catastrophic impacts on public interests. Despite the continuous efforts to battle corrupt in Indonesia, Malaysia, and Thailand, the three countries are still haunted by the possibility of public procurement corruption, which can significantly stunt their economic growth and overall prosperity. Employing the normative legal research method, this study aims to assess the legal implications of corruption in public procurement and make a case for the acknowledgement of aggravating factors in the relevant criminalization. For this objective, this study analyzes elements of mens rea and causal nexus in the countries’ relevant anti-corruption frameworks. Analysis conclusively reveals that the three countries are not equipped to tie mens rea and causal nexus due to the lack of distinction between them in the relevant frameworks. The study therefore recommends possible amendment by adding a provision that would enable a dual-layered culpability approach, tying mens rea and the actual evidence of corrupt act to the knowledge of possible harm that the perpetrators have, to potentially build a case for a stronger punishment, or provide better normative foundation for future legal developments with the explicit acknowledgement of the broader harms caused by public procurement corruption. The significance of this study lies in its effort to increase the awareness on corruption, particularly by assessing the impacts of public procurement corruption and the mental state behind it, to ultimately make the legal case for harsher punishments against this enduring crime that has stunted growth in Indonesia, Malaysia, and Thailand