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Legal Protection of Childern as Perpetrators of Criminal Acts of Obscenity Mega Mustika; Hedwig A Mau; Mohamad Ismed
Jurnal Indonesia Sosial Sains Vol. 5 No. 07 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i07.1184

Abstract

The child protection is a fundamental human right. Every child is entitled to survival, development, participation, and protection from crime and discrimination. Legal protection for children involved in criminal acts, such as molestation, is governed by Law Number 11 of 2012 on the Criminal Justice System. This research utilizes Law Enforcement Theory and Law Protection Theory, adopting a normative juridical approach supported by empirical data. The study begins with an analysis of relevant legal articles and includes primary data to support secondary legal materials. The analysis aims to provide a prescriptive study with interpretive analysis. The findings reveal that legal regulations for child molestation cases, as in Decision Number 2/Pid.Sus-Anak/2022/PN Jkt Brt, are based on Article 82 paragraph (1) jo Article 76 E of Law Number 17 of 2016 and Article 64 paragraph (1) of the Criminal Code. Protection for child offenders is outlined in Article 71 paragraph (4) of the Child Protection Law and Article 3 of the Juvenile Criminal Justice System Law, emphasizing humane treatment and access to legal aid.
The Role and Benefits of People's Requirements (MPRS) in The Indonesian State System after The 1945 Amendment: Optimization and Challenges Bambang Soesatyo; Atma Suganda; Hedwig A Mau
AKSIOMA : Jurnal Sains Ekonomi dan Edukasi Vol. 1 No. 7 (2024): AKSIOMA : Jurnal Sains, Ekonomi dan Edukasi
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/jxpx3251

Abstract

The study seeks to examine the role and jurisdiction of the People's Assembly of Permusyavaratan (MPR) within the Indonesian statehood system after the modification of UUD 1945. It also intends to identify the efforts made to optimize its functioning and the problems encountered. Normative legal research methods are employed to specifically analyze primary, secondary, and tertiary legal material. The primary legal materials consist of the 1945 Basic Act and its subsequent changes, along with the relevant statutes that regulate the MPR. Secondary legal resources encompass pertinent literature, periodicals, and scientific publications. The research findings indicate that the modifications made to the 1945 UUD have limited the jurisdiction of the MPR, which currently possesses only one primary authority while the others are considered secondary. Constitutional Supremacy establishes the Constitution as the primary framework for governing the state, with the MPR being seen as an autonomous institution alongside the DPR and DPD. While the powers of the MP are restricted, responsibilities like the Socialization of the Four Pillars continue to be essential in maintaining the fundamental foundations of the state. The enhancement of the MPR's authority relies significantly on the agreement among parliament members as stated in the MD3 Act. The primary obstacle it faces is to ensure the MPR remains relevant and effective in a constantly changing statehood environment. The paper suggests implementing strategic initiatives to enhance the role of MPR in the Indonesian statehood system by implementing policy reforms and improving institutional capability.
Legal Protection of Childern as Perpetrators of Criminal Acts of Obscenity Mega Mustika; Hedwig A Mau; Mohamad Ismed
Jurnal Indonesia Sosial Sains Vol. 5 No. 07 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i07.1184

Abstract

The child protection is a fundamental human right. Every child is entitled to survival, development, participation, and protection from crime and discrimination. Legal protection for children involved in criminal acts, such as molestation, is governed by Law Number 11 of 2012 on the Criminal Justice System. This research utilizes Law Enforcement Theory and Law Protection Theory, adopting a normative juridical approach supported by empirical data. The study begins with an analysis of relevant legal articles and includes primary data to support secondary legal materials. The analysis aims to provide a prescriptive study with interpretive analysis. The findings reveal that legal regulations for child molestation cases, as in Decision Number 2/Pid.Sus-Anak/2022/PN Jkt Brt, are based on Article 82 paragraph (1) jo Article 76 E of Law Number 17 of 2016 and Article 64 paragraph (1) of the Criminal Code. Protection for child offenders is outlined in Article 71 paragraph (4) of the Child Protection Law and Article 3 of the Juvenile Criminal Justice System Law, emphasizing humane treatment and access to legal aid.