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CAUSES OF CHILDREN COMMITTING THEFT CRIMES (Case Study of the Ngawi District Attorney's Office in 2022) Agustin Dwi Ria Mahardika; Rehnalemken Ginting
Asian Journal of Social and Humanities Vol. 2 No. 1 (2023): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i1.157

Abstract

In the future, the child plays an important role in shaping the history, country and way of life of a country. In other words, children are the next generation of the nation. However, the potential for criminal behavior is also inherent in children. One of them is through theft. The factors that underlie children committing theft include family, environment, and even self. This study aims to determine and examine the factors that cause children to commit theft, as well as the efforts made to prevent this occurrence and law enforcement. This legal research uses descriptive analysis techniques by combining sociological or empirical approaches. Based on the results of the study, the main factors that encourage young people to commit theft in the Ngawi region are family, education, and economic factors. Poor education, weak economy, and a less harmonious family environment due to family conditions that are no longer intact due to divorce or death of parents, become additional factors in themselves. As a result, children lose positive role models on how to live their lives. To overcome this, efforts are needed to handle it as early as possible with various approaches and patterns of prevention, repressive, and curative handling.
Criminal Liability for Human Trafficking Offenders Through the Non-Procedural Placement of Indonesian Migrant Workers Alya Silva Baskara; Hartiwiningsih; Rehnalemken Ginting
Journal of Creative Power and Ambition (JCPA) Vol. 4 No. 01 (2026): Journal of Creative Power and Ambition (JCPA)
Publisher : CV Edujavare Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70610/jcpa.1256

Abstract

The non-procedural placement of Indonesian Migrant Workers (PMI) remains a serious issue because it has the potential to result in exploitation, violence, and the crime of trafficking in persons. Such practices are generally carried out through illegal recruitment, the use of forged documents, and the deployment of migrant workers without complying with applicable legal procedures. This study aims to analyze the regulation of Indonesian positive law concerning the criminal offense of non-procedural placement of PMI and to examine the construction of criminal liability of its perpetrators from the perspectives of criminal law and trafficking in persons. This research employs a normative legal research method using statutory, conceptual, and case approaches. The findings indicate that the regulation of non-procedural placement of PMI is governed by Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers and is closely related to Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. Criminal liability may be imposed where the elements of criminal responsibility, fault, and the absence of grounds for the exclusion of criminal liability are fulfilled. Furthermore, where elements of exploitation, fraud, or abuse of the victim’s vulnerable position are present, perpetrators may also be prosecuted under the Anti-Trafficking Law. Therefore, the complementary application of both laws is necessary to ensure optimal legal protection for Indonesian Migrant Workers.