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Optimizing Oversight: Developing an Ideal Framework for Supervision Prisoners’ Rights Allocation Anis Widyawati; Dian Latifiani; Helda Rahmasari; Ade Adhari
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 9 No. 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.36628

Abstract

This study analyzes the problem of a prosecutor’s procrastination in executing a court judgment that delays the prisoners’ serving their sentences and causes some irregularities in the correctional facilities regarding the prisoners’ rights trade. The introduction of many prisons without a specific body to supervise the execution of the sentence, particularly the warded people’s freedom in Indonesia, appeared to have unfulfilled justice in the society. In this regard, this research aims to define the validity of the need to enhance the Supervision of prisoners’ rights protection in Central Java. It describes an optimal system relevant to such Supervision. The type of research that was utilized in this study is sociological juridical. Sociological juridical research serves to be the opposite of normative legal research. It is revealed that there have been ongoing infringements of prisoners’ rights, highlighting the further need to set a more comprehensive mechanism that would include the Police, the Prosecutors, the Courts, and the Correctional Institutions in the system of oversight and other management functions. Every level in the hierarchy system of the Criminal Justice System has its limit on including the human rights of prisoners containing adequate risks of intrusion, where checks and balances must be exercised. Formally and horizontally, these rights must be assured and upheld both legally and in their spirit by Justice and the Law. This study’s findings are that appropriate measures need to be applied to implement better Supervision policies aimed at safeguarding the human rights of prisoners and ensuring the justice system in Indonesia is not compromised.
Optimizing the Role of Community Guidance Officers as the Vanguard of the Juvenile Justice System Ria Anggraeni Utami; Randy Pradityo; Helda Rahmasari; Riska Karinda
Unnes Law Journal Vol. 10 No. 1 (2024): April, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v10i1.1858

Abstract

One provision in the juvenile justice system is that juvenile justice proceedings must involve Community Guidance Officers from correctional institutions (BAPAS) who conduct social investigations on the child, which serve as considerations in the juvenile justice process. However, the presence of Community Guidance Officers has received inadequate attention so far, as if the main actors in handling troubled children are only the Police, Prosecutors, Judges, and LPKA officers. The research method used is empirical juridical research, conducted through field research and literature review. The role of Community Guidance Officers in the Legal Jurisdiction of Bengkulu Province as the Vanguard of the Juvenile Justice System is to provide assistance and recommendations for handling children by conducting social investigations from pre-adjudication, adjudication, to post-adjudication. The obstacles faced by Community Guidance Officers in Bengkulu Province include lack of competence and uniformity in law enforcement officials' perception regarding the best interests of the child, incomplete implementation of recommendations due to lack of facilities for child placement, and societal stigma against the child. Additionally, there are technical obstacles such as distance between BAPAS Bengkulu and the child's residence area. Efforts to optimize the role of Community Guidance Officers in Bengkulu Province involve aligning law enforcement officials' perception regarding the best interests of the child, raising awareness among communities and relevant institutions to accept these children, establishing BAPAS posts, and optimizing the role of local governments to synergize government programs in combating juvenile crime.
The Disclosure of a Murder Case Using Fingerprint Identification Method: An Alternative Randy Pradityo; Herlambang Herlambang; Helda Rahmasari; Galih Purwo
Unnes Law Journal Vol. 8 No. 2 (2022): October, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v8i2.37282

Abstract

This study aims to identify the function and role of fingerprints as a tool in the disclosures of a crime and the identification of the victim and suspect. It was conducted in the jurisdiction of the Bengkulu Regional Police. Data were collected data by direct interviews and documentation. Data were analyzed using qualitative techniques and then presented descriptively by providing descriptions and explanations in accordance with the problems of the study. The results showed that the function and role of fingerprint identification to scientifically disclose the victim and suspect of a crime was very important. Fingerprint identification functions as a tool or evidence for investigators to first determine and narrow the investigation.
Bullying Prevention Among Students in Bengkulu City: A Study of Positive Law and Islamic Law Approaches Helda Rahmasari; Herlambang Unib; Randy Pradityo; Ardika Sari; Risna Karinda
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 1 (2025): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i1.5932

Abstract

Bullying is a form of violence against children that has become increasingly prevalent, particularly within the school environment, which is ideally a secure space. Consequently, it is essential to conduct further studies on the efforts to combat bullying among students in Bengkulu City, with the aim of identifying the strategies and measures implemented to prevent or manage instances of bullying across all demographics, as well as understanding the obstacles encountered in addressing bullying in Bengkulu City. To address these issues, the researcher employs an empirical legal research methodology, adopting a sociological approach to law in action, utilising both primary and secondary data. Based on research conducted in schools, as well as with the DP3AP2KB, PUPA, and Polresta Bengkulu, it is evident that initiatives to combat bullying have been established. However, these efforts have not yet been fully realised and are hindered by several factors, one of which stems from parental involvement. The schools participating in this research have made efforts to address bullying, such as conducting socialisation campaigns, forming anti- bullying teams, and other related activities; however, these initiatives have not yet been executed to their full potential. This research contributes to the existing body of knowledge by mapping out the current anti-bullying strategies and identifying the practical and institutional challenges faced in their implementation. The findings are expected to inform policymakers, educators, and legal practitioners in developing more effective and collaborative interventions to prevent bullying in school environments
Perdagangan Tenaga Kerja Di Indonesia: Analisis Patologi Sosial Dan Perlindungan Hukum Ellie Andini; Tiara Okta Yanti; Reza Seby Alfikri; Anjar Rusadi; Helda Rahmasari; Wevy Efticha Sary
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 1 (2025): Oktober - Desember
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

This study analyzes the trafficking of Indonesian Migrant Workers (TKI) and Female Migrant Workers (TKW) abroad as a social pathology and the effectiveness of legal protection. Despite regulations such as Law No. 21 of 2007 and Law No. 18 of 2017, illegal agents, non-procedural departures, exploitation, and limited victim access to legal protection remain. This normative study uses literature and legal document analysis to identify gaps between regulation and implementation in the socio-economic context of migrant workers. Findings show TKI atau TKW trafficking is a systemic social issue influenced by poverty, low education, and limited employment alternatives. Effective legal protection requires strengthened regulations, agent supervision, public education, capacity building, international intervention, and socio-economic rehabilitation for victims. The study provides policy recommendations to enhance migrant worker protection and sustainably prevent human trafficking.
Conceptualizing an Ideal Rehabilitation Policy for Children in Conflict with the Law in Indonesia Helda Rahmasari; Herlambang; Antory Royan Adyan; Putri Lestari
YURIS: Journal of Court and Justice [IN PRESS] Vol. 5 Issue 3 (2026)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v5i3.1024

Abstract

This study examines the conceptualization of an ideal rehabilitation policy for children in conflict with the law within the juvenile criminal justice system in Indonesia. Although existing studies have examined juvenile rehabilitation from legal and social perspectives, few have offered an integrated conceptual framework that connects restorative justice principles with the institutional and coordination challenges specific to Indonesia's justice system. The research employs normative legal research using statutory and conceptual approaches, analyzing legal norms, doctrines, and regulations related to child protection, restorative justice, and rehabilitation. The findings indicate that rehabilitative treatment constitutes an essential approach in handling juvenile offenders, as children require protection, guidance, and social reintegration rather than punitive treatment. However, the implementation of this approach in Indonesia still encounters several obstacles, including limited treatment facilities, insufficient professional human resources, lack of coordination among institutions, and the persistence of punitive paradigms among law enforcement officials. In addition, social stigma against children in conflict with the law often hinders the reintegration process. Therefore, an ideal policy must integrate restorative justice principles, comprehensive intervention programs, inter-agency cooperation, and community participation, structured around a coordinated institutional model rather than isolated sectoral efforts, to ensure the fulfillment of children's rights and their future development. Such a policy is expected to create a more humane juvenile criminal justice system that prioritizes the best interests of the child while preventing recidivism.
The Divine Values in The Development of Legal Science: A Perspective of the Philosophy of Science Helda Rahmasari; Nur Sulistyo Budi Ambarini; David Aprizon Putra
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 7 No. 1 (2025)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v7i1.10224

Abstract

This research seeks to explore the divine values in the development of legal science through the lens of the philosophy of science. In the context of humans as social beings created by the Almighty God, law functions as a normative guide to achieve justice and regulate social interactions. This research focuses on two main issues: the influence of divine values on the formation and development of legal science, and the integration of these values to create a balance between legal certainty, utility, and justice. This study employs a qualitative approach using historical and analytical methods. The type of research is a literature study. This research utilizes primary legal materials such as books, scholarly articles, previous academic studies, and other documents discussing divine values, the philosophy of science, and their relationship with legal principles such as justice, utility, and legal certainty. Subsequently, all obtained data is analyzed through qualitative analysis. The findings indicate that divine values play a crucial role in shaping a divinely-oriented legal paradigm that not only prioritises the formal aspects of law but also the moral and spiritual values derived from religious teachings. From this perspective, law is understood as a manifestation of universal divine values, with Pancasila serving as the epistemological framework that ensures the integration of moral principles within Indonesian law. Furthermore, divine values can create harmony between legal certainty, utility, and justice, where the concept of justice is emphasised to be not merely formal but also substantive, reflecting social justice and human dignity as creations of God. This research underscores the importance of divine values as a foundation in the development of legal science that is adaptive to the social dynamics of society.