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All Journal Ex Aequo Et Bono Journal of Law Annals of Justice and Humanity
Maya Shafira
University of Lampung, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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Modification of the sentencing of transgender convict Maya Shafira; Hasnaa Niditya Rosyaadah; Emilia Susanti; Gunawan Jatmiko; Damanhuri Warganegara
Ex Aequo Et Bono Journal Of Law Vol. 1 No. 1: (July) 2023
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v1i1.2023.18

Abstract

The existence of transgender people in Indonesia cannot be accepted by society because they are considered to deviate from existing cultural values. Their status as transgender also makes it difficult to place them in correctional institutions when someone commits a crime. There is no legal certainty and there is a legal vacuum so that there is a need for criminal law modifications such as alternative punishments outside of prison for transgender inmates. This study has two aims: First to find out criminal modifications in the current punishment of transgender inmates, Second to that describe the concept of ideal criminal modification for transgender inmates. this study uses a normative juridical and empirical juridical approach with data collected through literature studies and field studies. The conclusion is there is a need for modifications in the criminal system, such as the placement of transgender prisoners as seen from their identification cards such as ID cards or passports, as well as court decisions if they have applied for a sex change and it has been legalized. In addition, alternative punishments other than imprisonment for transgender convicts can provide legal certainty for them in order to avoid a legal vacuum. Alternative punishment also serves to protect prisoners from the possibility of bullying and harassment for transgender prisoners.
Non-Penal efforts in countermeasures online prostitution crimes Hasiholan Pardamean Manalu; Maya Shafira; Ahmad Irzal Fardiansyah; Firganefi Firganefi; Aisyah Muda Cemerlang
Annals of Justice and Humanity Vol. 1 No. 2 (2022): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v1i2.1602

Abstract

Purpose: This study analyzes the laws and regulations that apply to legal phenomena and online prostitution. Research Methodology: This study uses a normative juridical method and analyzes the laws and regulations that apply to legal phenomena and online prostitution. Results: The factors that cause online prostitution are as follows:1. internal factors, such as family and friendships, and 2. External factors such as avoiding tracking officers and economic factors to obtain large amounts of money quickly. Preventive efforts can be made through educational facilities, means of economic equality and employment in the informal sector, increasing social and cultural awareness starting from the neighborhood of Neighborhood Groups (RT), and supervising boarding houses or apartments/flats so as not to be misused as a place of prostitution. The repressive efforts that can be carried out are through the provision of legal sanctions based on prevailing laws and regulations, online prostitutes, users of commercial sex workers, prostitutes, and pimps. The purpose of the criminal sanctions is to make deterrence so that no other people will carry out online prostitution & so that these former prisoners can be well received in society.
Co-Authors Ahmad Irzal Fardiansyah Aisyah Muda Cemerlang Damanhuri Warganegara Emilia Susanti Firganefi Firganefi Gunawan Jatmiko Hasiholan Pardamean Manalu Hasnaa Niditya Rosyaadah