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Juridical Analysis of Judges' Considerations in Denying the Rights of Restitution to Victims of Human Trafficking Crimes (Study Decision No. 359 / Pid.Sus / 2020 / PN Cbi) Dharmawan, Nancy Natalia; Santoso, Aris Prio Agus; Aryono, Aryono
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 2 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i2.6939

Abstract

The implementation of providing restitution is not easy for the court to grant. assist in fulfilling the rights of restitution to victims because prosecutors in carrying out loans have difficulty presenting evidence of expenditure to determine the size of compensation. Settlement case No. 359 /Pid.Sus/2020/PN Cbi is one of the cases where the panel of judges rejected the request for restitution requested by public submission. This research aims to determine the legal provisions governing restitution as a right for victims of human trafficking crimes in Indonesia, analyze the considerations of judges who deny the right to restitution for victims of TIP and enforce the judge's decision that refuses to grant the right to restitution for victims of TIP in the case of Decision No. 359 / Pid.Sus / 2020 / PN Cbi. This research is included in normative juridical research with data obtained from literature studies or library research. The results of this research are that the legal provisions governing restitution as a right of victims of criminal acts of human trafficking in Indonesia are regulated in Article 48 of Law 21/2017 which basically regulates a series of mechanisms for implementing provisions for providing restitution for criminal acts of human trafficking. The panel of judges was correct in providing a legal opinion in rejecting the request for restitution. This causes general lending to not follow the terms, procedures and procedures for requests for restitution, and the panel of judges cannot decide on its own general order regarding the amount of restitution without being based on the provisions regarding restitution which are considered correct and in accordance with applicable regulations so that the panel of judges must request restitution. what is being requested is not in accordance with the applicable law and the impedance of a judge's sentence who refuses to grant a TIP victim the right to restitution. The victim will suffer either physical injury or physical or mental deterioration due to the absence of compensation given to him as a victim of the criminal act of trafficking in persons. 
Social Semiotics "Masako Package”: Systemic Functional Linguistics Perspective Dharmawan, Nancy Natalia; Suardana, I Ketut; Semadi, Yoga Putra
Journal of Pragmatics Research Vol. 7 No. 1 (2025): Journal of Pragmatics Research
Publisher : UIN Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/jopr.v7i1.34-53

Abstract

This research investigates the references which are realized by signs within the Masako package. The scope of this research is language in function, which is presented in both verbal and non-verbal languages. The theory used for this research is Systemic Functional Linguistics (SFL), which is supported with the theory of semiotic for non-verbal language. The research implies qualitative research, and phenomenology. The data were taken from Masako package. The verbal language such as clauses are analyzed with theory of SFL proposed by Halliday, while nonverbal language such as; colours, pictures, photos are analysed with semiotic proposed by Peirce. The research results indicate that the Massako package hires nonverbal and verbal languages. The yellow colour indicates that Masako is very suitable for cooked food. The red indicates that the spice contains chilly, which is not good for baby food. The green indicates that the spice is very good with fresh meat and vegetables. The ideologies of Masako are; (i) the company of Masako wants to share the market with some segmentation by providing several taste and different weight in the packages, (ii) the company want to dominate the market by showing “Halal” so most of Indonesian communities are not in doubt about the material. This research is significant for semiotics, discourse analysis, and language teaching. This research is expected to be very useful for communities and to stimulate other researchers to do similar research.