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The Implementation of Restitution for Victims of Sexual Assault Against Children in Palangka Raya City Sitholabi, Sitholabi; Heriamariaty, Heriamariaty; Setyobowo Sangalang, Rizki; Theresia, Louise
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i1.51483

Abstract

The case of sexual intercourse against children is a serious crime that causes physical, psychological, and social impacts on the victim, so that the fulfillment of the right to restitution is a crucial element in legal protection for children, because it plays a role in the victim's recovery effort to return their condition as close as possible to the state before the crime occurred. This study aims to analyze the implementation of restitution for child victims of sexual intercourse in the jurisdiction of the Palangka Raya District Attorney's Office and examine the role and efforts of prosecutors in optimizing the implementation of restitution, including the factors that hinder it. The research method used is empirical legal research with a sociological juridical approach, which is carried out through a literature study of laws and court decisions, as well as interviews with relevant law enforcement officials, then analyzed qualitatively. The results of the study indicate that although restitution has been regulated normatively in various laws and regulations, its implementation has not been optimal due to the limited economic capacity of the perpetrator, the low understanding of victims and their families regarding the right to restitution, and the less than optimal coordination between prosecutors, law enforcement officials, and the Witness and Victim Protection Agency. This study concludes that optimizing restitution requires strengthening regulations, institutional readiness, and strong synergy between prosecutors, investigators, judges, and the LPSK so that protection can be realized effectively.
Extraterritoriality of Hate Speech in Cyberspace from The Perspective of Jurisdictional Limits of The Electronic Information and Transaction Law Rivana, Rivana; Mulyawan, Agus; Sangalang, Rizki Setyobowo; Heriamariaty, Heriamariaty
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i1.51870

Abstract

The advancement of information and communication technology has created a new sphere of interaction known as cyberspace, where information can be disseminated without geographical boundaries. This condition not only facilitates the exchange of information but also gives rise to complex legal challenges, particularly concerning hate speech offenses. In Indonesia, the regulation of online hate speech is stipulated in Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) as amended by Law Number 19 of 2016. The problem arises when perpetrators of hate speech reside outside Indonesia, yet their actions have legal impacts within the country. This situation relates to the application of the principle of extraterritoriality as regulated in Article 2 of the ITE Law, which extends Indonesia’s jurisdiction to acts committed abroad that have legal consequences domestically. However, the application of this principle raises debate due to its potential conflict with the principle of territoriality in Indonesian criminal law as regulated in the Criminal Code (KUHP). This study aims to analyze the criminal law regulation of extraterritoriality within the ITE Law regarding hate speech in cyberspace and to examine the limits of Indonesia’s jurisdiction in enforcing the law against cross-border cyber offenses. The research employs a normative legal method with statutory and conceptual approaches. The findings are expected to provide insight into the extent to which the principle of extraterritoriality in the ITE Law can be effectively applied in harmony with the general principles of Indonesian criminal law.