Rachmat Ihya
Universitas Sunan Giri Surabaya, Indonesia

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PERLINDUNGAN ANAK DAN PERTANGGUNGJAWABAN HUKUM TERHADAP PELAKU KEKERASAN SEKSUAL TERHADAP ANAK (TINJAUAN YURIDIS UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK) Binaadi Ryanjaya; Rachmat Ihya
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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This study aims to investigate and assess the sorts of child protection covered by Law No. 23 of 2002, which has been updated with Law No. 35 of 2014, as well as the legal accountability of sexual assault offenders. Normative research includes the study at hand. The findings of this study indicate that the type of child protection covered by Law No. 23 of 2002, which was amended by Law No. 35 of 2014 concerning child protection, namely special protection for children given to: children in emergency situations; children in conflict with the law; children from minority and isolated groups; children who are economically or sexually exploited; child drug abuse; child victims of pornography; HIV/AIDS in children; physical or psychological harm to children; and children who are victims of other forms of child abuse, The study's findings also demonstrate that those who sexually assault minors are legally responsible. Articles 76D and 76E of Law No. 35 of 2014 Concerning Amendments to Law Number 23 of 2002 Concerning Child Protection, for instance, stipulate that offenders may be sentenced to 5 to 15 years in jail and/or a maximum punishment of IDR 5,000,000,000.00. If a parent, guardian, caregiver for a kid, teacher, or other member of the educational staff additionally commits sexual assault, the punishment is raised by one-third of the original amount.
STUDI KOMPARATIF PELAKU TINDAK PIDANA NARKOTIKA MENURUT UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DAN HUKUM ISLAM Wahyu Akbar Prantoko; Rachmat Ihya
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This research examines how drug criminal sanctions are implemented against violators inaccordance with Law no. 35 of 2009 concerning Narcotics and how to apply sanctions accordingto Islamic law. Research from the library includes this research. Research findings show that theapplication of penalties in Law no. 35 of 2009 concerning Narcotics towards perpetrators of drugcrimes relating to Articles 116, 121, 133 and 134. The findings of this research also show that thepunishment of ta'zir, as stipulated in Islamic law, can be imposed on those who commit drug- related offences. According to the judge's policy, there are several types of punishment for ta'zir, including beatings, detention, publication, punishment in the form of property, and others. He believes that this form of punishment can have a deterrent effect on both the perpetrator and otherpeople. Both the use of illegal substances and drug laws are prohibited. Similar to the prohibitionof drinking alcoholic beverages according to certain hadiths and the holy Koran, narcotics and the consumption of illegal drugs are also prohibited. Apart from that, some academics think thereare sanctions.