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Yenny Fitri Z
Fakultas Hukum, Universitas Muhammadiyah Sumatera Barat
Arts Humanities Computer Science & IT Law, Crime, Criminology & Criminal Justice Social Sciences

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PELAKSANAAN PEMBERIAN RESTITUSI TERHADAP ANAK KORBAN PENCABULAN DI PENGADILAN NEGERI BUKITTINGGI Ihsan Kamil; Erry Gusman; Yenny Fitri Z
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 1 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1921

Abstract

Being a victim of sexual abuse is something that no one ever wants because it is a very inhumane act, including the category of human rights violations that should receive legal protection and freedom in all fields. From a regulatory point of view, punishment for perpetrators has been regulated in law and for victims there is a need for protection. One form of legal protection for child victims of criminal acts of obscenity is to get restitution. Restitution or compensation is a fee paid by someone because of a loss suffered by another person economically. The purpose of this study is to find out how the implementation of the granting of Restitution to child victims of sexual abuse, the type of research used is empirical legal research, because empirical legal research looks at law in a real sense and examines the law in society and how the law relates to society. It can also be said that empirical research is taken from facts that exist in a society, legal entity or government agency. The data processing technique used in this study was carried out through stages, including data checking techniques, data tagging, or data systematization.
ORANG DENGAN GANGGUAN JIWA: KONSTRUKSI PERTANGGUNGJAWABAN PIDANA DALAM KONSTELASI HUKUM PIDANA NASIONAL Yenny Fitri Z
Ensiklopedia of Journal Vol 5, No 4 (2023): Vol. 5 No. 4 Edisi 1 Juli 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i4.1475

Abstract

Abstract: Criminal cases involving perpetrators with mental disorders (OD-GJ) are increasing in number and variety in Indonesia. The perpetrators not only damaged other people's property, but also abused them and killed them. The regulation of national criminal law (Indonesia) still leaves many problems. If an OD-GJ person commits a crime, then the norm of abolishing a crime (Article 44 of the Criminal Code) applies. If this accountability is erased, then the reason for forgiving the offender will apply. That is, the offender has reasons to erase his guilt so that he cannot be punished. This research wants to see how the dimensions of contemporary national criminal law actually view OD-GJ when committing a criminal act. Can accountability be pinned on him. So, what are the prospects for regulation if the crime is committed by OD-GJ. This research is based on normative methods using secondary data and collected through literature study. This research found that criminal liability for people with mental disorders cannot be treated equally, but rather is adjusted to the qualifications of the mental disorder and the form of the crime he committed. If at present, criminal acts committed by someone who is in an OD-GJ condition can eliminate his criminal responsibility, then in accordance with developments there should have been various reforms made regarding legal arrangements for perpetrators of crimes with this mental disorder. 
Co-Authors Erry Gusman Ihsan Kamil