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PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN PELECEHAN SEKSUAL DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Tomanda, Diva Beauty; Artina, Dessy; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Everyone has human rights, one of which is legal protection. Victimprotection revealed that in principle it has been regulated in Law Section Number12 of 2022 concerning Crimes of Sexual Violence in articles 42 to article 47concerning Victim Protection. In accordance with the provisions of Article 4 ofthe Witness and Victim Protection Law, witness and victim protection aims toprovide a sense of security to witnesses and/or victims in providing informationduring any criminal detention process. Therefore, the aim of this thesis researchis firstly to explain the legal protection for female victims of sexual disclosurefrom the perspective of Indonesian criminal law, secondly to describe theweaknesses contained in the PSK Law regarding the legal protection of femalevictims of sexual disclosure.This research is normative legal research, referring to positive legalnorms that apply in Indonesia to answer issues that exist on the surface. This isbased on library research which takes quotations from book readings, orscientific research as support that is related to the problem to be researched. Thisresearch uses secondary data sources consisting of primary, secondary andtertiary legal materials. This research also uses qualitative data analysis andproduces descriptive data.From the results of the discussion it was concluded that, firstly, legalprotection for women who are sexually victims is discussed in the Criminal Lawin Indonesia regarding the restoration of victims' rights, while technicalprotection is mandated by the Witness and Victim Protection Law. The secondobstacle in legal protection for victims of sexual disclosure is that the realizationof the LPSK's duties and authority in the PSK Law is not specifically regulated ina separate provision or chapter, the victim is actually re-criminalized by theperpetrator through the ITE Law in the article on defamation, a culture ofblaming the victim, legal sanctions are required. For perpetrators of restitutiveviolence, many forms are open but the laws used are still the same, resulting inlegal violations. The author's suggestion is that regulations are needed thataccommodate a sense of justice for victims of sexual harassment. It requires astrong desire by each stakeholder to ensure that all stages run correctly.Keywords: Legal Protection, Victims, Sexual Harassment

PENEGAKAN HUKUM TERHADAP ANAK YANG TIDAK MENGGUNAKAN HELM DI WILAYAH KOTA PEKANBARU Sundari, Nur Shinta; R, Mukhlis; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Law Number 22 of 2009 concerning Road Traffic and Transport states inArticle 291 paragraph (1) every person who drives a motorcycle without wearingan Indonesian national standard helmet as referred to in Article 106 paragraph(8) shall be punished with a maximum imprisonment of 1 (one) month or amaximum fine of Rp.250 (2) every person driving a motorcycle who allows hispassenger not to wear a helmet as referred to in Article 106 paragraph (8) shallbe punished with a maximum imprisonment of 1 (one) month or a maximum fineof Rp.250.000,00 (two hundred and fifty thousand rupiah). However, in realitythere are still many motorbike riders who commit violations by not wearinghelmet when riding, whice can threaten safety if an accident accurs.This type of research can be classified as sociological research becausethe author directly conducts research at the location or field where it isresearched in order to provide a complete and clear picture of the problem understudy. This research was conducted at the Pekanbaru City Resort Police, wherethe population and sample were all parties related to the problem under study.The The results of this study explain that law enforcement is carried out bythe police by conducting operations in one place (stationary) and operationscarried out in motion (hunting) by carrying out preventive and repressiveenforcement. The efforts made by the police are to provide socialization to thecommunity and students. The obstacles faced by the police are the lack of publiclegal awareness and the lack of firmness and discipline of police officers inenforcing the law. It is suggested that law enforcers cooperate more withorganizations, community leaders, and schools in conducting socialization. It issuggested that law enforcers be more assertive and disciplined in enforcing thelaw against violators who do not wear helmets. It is hoped that the people ofPekanbaru City will be more concerned with safety when driving in order tominimize the impact of accidents that occur to children.Keywords: Law Enforcement, Traffic Violations, Children.

IMPLEMENTASI PEMBERIAN BANTUAN HUKUM TERHADAP PEREMPUAN YANG MENGALAMI PERMASALAHAN KEKERASAN SEKSUAL DI KOTA PEKANBARU Saragih, John Meidi; Rahmadan, Davit; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Sexual violence is a crime that is currently receiving a lot of publicattention. The media often covers news about sexual violence crimes. As a type ofclassic crime, this crime has existed for a long time and will continue to exist anddevelop along with human culture. The aim of this research is to find out how thePekanbaru legal aid system helps victims of sexual violence. Sociological legalresearch is the research approach used in this research. A literature review andinterviews in the field of law constitute this research. The implementation of legalaid for women who experience sexual violence in Pekanbaru is the focus of thisresearch debate. Primary, secondary and tertiary legal sources are used as datasources. As legal aid institutions, PBH Pekanbaru, UPT PPA Pekanbaru City,LBH Putra Bangsa Justice Forum and PBH Adin Siak.A woman who is a victim of sexual violence faces too many obstacles whenit comes to accessing justice or needing legal protection. Weak laws and negativeviews of victims of violence are considered to be the basic reasons why not manywomen report the violence they experience. And it becomes more difficult inlayers when the perpetrator is a public official or public figure. There is animbalance in power relations where the perpetrator may use his relations andpower to influence the victim's access to justice. This results in impunity forperpetrators while victims of violence do not have their rights to justice, truth andrecovery fulfilledLegal aid institutions As part of its initiative to protect women andchildren from sexual violence, the Indonesian government has offered legal aidthrough the Women and Children Protection UPT. People in Indonesia have feltthe benefits of community and government efforts in providing legal assistance.Based on a study by the Pekanbaru Legal Aid Center, PBH Pekanbaru as a lawfirm should naturally take legal action to help all its customers. The first line ofdefense against sexual violence is Psychosocial, Paralegal Post, Advocacy andSafe House.Keywords: Implementation, Provision Of Legal Aid, Women, Sexual Violence.

IMPLEMENTASI PENEGAKAN HUKUM TERHADAP ANAK SEBAGAI PELAKU KEKERASAN SEKSUAL DI KOTA PEKANBARU Salsabila, Putri Nanda; Erdianto, Erdianto; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Article 76 E of Law Number 35 of 2014 concerning Amendments to LawNumber 23 of 2002 concerning Child Protection states that the criminal act ofmolesting a child which is punishable by a minimum sentence of 5 (five) years in prisonis a serious crime, but in reality in the Police Pekanbaru City Resort has several casesof fornication that have not been resolved because the police have stopped investigatingthe cases because mediation has been carried out. This type of research is sociologicallegal research, namely an attempt to see the influence of the enactment of positive lawon people's lives.This research is also descriptive in nature, namely the author tries to describelaw as a form of social control related to the establishment and maintenance of socialrules, with a basic view of the law's ability to control human behavior and createconformity in these behaviors.This research aims to find out how law enforcement is carried out by thePekanbaru City Resort Police, especially Women and Child Protection UnitInvestigators, what obstacles are faced in law enforcement and what efforts can bemade to overcome obstacles to law enforcement at the Pekanbaru City Resort Police.The results of this research explain that law enforcement carried out by thePekanbaru City Police, especially the Women and Children Protection UnitInvestigators, has not been optimal in cases of criminal sexual abuse of children. Theobstacles faced by the Police are the lack of quality and quantity of Women andChildren Unit Investigators, lack of cooperation from the victim or the victim's family inproviding information related to the case being processed, and a lack of public legalawareness. The efforts that the author offers in this research are to improve the qualityand quantity of investigators in the women's and children's unit at the Pekanbaru CityPolice Department, increasing public insight regarding the importance of legalawareness in order to create justice, benefit and public welfare.Keywords: Law Enforcement - Crime - Sexual Abuse - Children.

PENERAPAN KETENTUAN PASAL 42 UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERBANKAN DALAM PENYIDIKAN TINDAK PIDANA PENIPUAN MELALUI MEDIA ELEKTRONIK DI SUBDIT V DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU Putra, Yanda Syahrul Qotni; Erdiansyah, Erdiansyah; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The crime of fraud through electronic media is one of the cyber crimes that existtoday, and the regulation related to this crime has also been regulated in Article 28Paragraph (1) of the Law on Electronic Information and Transactions. However, theenforcement of the regulation can be considered less than optimal because during thehandling, especially during the investigation, there are several obstacles that occur, and oneof these obstacles is due to the existence of Article 42 of Law Number 10 of 1998 concerningBanking which causes obstacles to an effective investigation process. The main problems inthis research are: How is the application of Article 42 of Law Number 10 of 1998concerning Banking in the investigation of criminal acts of fraud through electronic mediain Subdit V of the Special Criminal Investigation Directorate of Riau Police; What are theobstacles faced by investigators of Subdit V of the Special Criminal InvestigationDirectorate of Riau Police in applying the provisions of Article 42 of Law Number 10 of1998 concerning Banking in investigating criminal acts of fraud through electronic media;What efforts are made by investigators of Subdit V of the Special Criminal InvestigationDirectorate of Riau Police in applying the provisions of Article 42 of Law Number 10 of1998 concerning Banking in investigating criminal acts of fraud through electronic media.The type of research conducted is sociological legal research conducted at SubDirectorate V of the Special Criminal Investigation Directorate of Riau Police. The datasources used are primary data and secondary data. The data collection techniques used areinterviews and literature review. The data is then analyzed which is descriptive, evaluativeand prescriptive to be concluded using a deductive method of thinking.The results of this research are the application of Article 42 of Law Number 10 of1998 concerning Banking in the investigation of criminal acts of fraud through electronicmedia in Subdit V of the Special Criminal Investigation Directorate of Riau Police in theinvestigation of criminal acts of fraud through electronic media, where the regulation arisesif the investigator wants to disclose information related to bank secrets, especiallyinformation about customers.Keywords: Application - Crime - Fraud - Electronic Media

IMPLEMENTASI PEMBERIAN BANTUAN HUKUM TERHADAP PEREMPUAN YANG MENGALAMI PERMASALAHAN KEKERASAN SEKSUAL DI KOTA PEKANBARU Saragih, John Meidi; Rahmadan, Davit; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Sexual violence is a crime that is currently receiving a lot of publicattention. The media often covers news about sexual violence crimes. As a type ofclassic crime, this crime has existed for a long time and will continue to exist anddevelop along with human culture. The aim of this research is to find out how thePekanbaru legal aid system helps victims of sexual violence. Sociological legalresearch is the research approach used in this research. A literature review andinterviews in the field of law constitute this research. The implementation of legalaid for women who experience sexual violence in Pekanbaru is the focus of thisresearch debate. Primary, secondary and tertiary legal sources are used as datasources. As legal aid institutions, PBH Pekanbaru, UPT PPA Pekanbaru City,LBH Putra Bangsa Justice Forum and PBH Adin Siak.A woman who is a victim of sexual violence faces too many obstacles whenit comes to accessing justice or needing legal protection. Weak laws and negativeviews of victims of violence are considered to be the basic reasons why not manywomen report the violence they experience. And it becomes more difficult inlayers when the perpetrator is a public official or public figure. There is animbalance in power relations where the perpetrator may use his relations andpower to influence the victim's access to justice. This results in impunity forperpetrators while victims of violence do not have their rights to justice, truth andrecovery fulfilledLegal aid institutions As part of its initiative to protect women andchildren from sexual violence, the Indonesian government has offered legal aidthrough the Women and Children Protection UPT. People in Indonesia have feltthe benefits of community and government efforts in providing legal assistance.Based on a study by the Pekanbaru Legal Aid Center, PBH Pekanbaru as a lawfirm should naturally take legal action to help all its customers. The first line ofdefense against sexual violence is Psychosocial, Paralegal Post, Advocacy andSafe House.Keywords: Implementation, Provision Of Legal Aid, Women, Sexual Violence.

IMPLEMENTASI PENEGAKAN HUKUM TERHADAP ANAK SEBAGAI PELAKU KEKERASAN SEKSUAL DI KOTA PEKANBARU Salsabila, Putri Nanda; Erdianto, Erdianto; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Article 76 E of Law Number 35 of 2014 concerning Amendments to LawNumber 23 of 2002 concerning Child Protection states that the criminal act ofmolesting a child which is punishable by a minimum sentence of 5 (five) years in prisonis a serious crime, but in reality in the Police Pekanbaru City Resort has several casesof fornication that have not been resolved because the police have stopped investigatingthe cases because mediation has been carried out. This type of research is sociologicallegal research, namely an attempt to see the influence of the enactment of positive lawon people's lives.This research is also descriptive in nature, namely the author tries to describelaw as a form of social control related to the establishment and maintenance of socialrules, with a basic view of the law's ability to control human behavior and createconformity in these behaviors.This research aims to find out how law enforcement is carried out by thePekanbaru City Resort Police, especially Women and Child Protection UnitInvestigators, what obstacles are faced in law enforcement and what efforts can bemade to overcome obstacles to law enforcement at the Pekanbaru City Resort Police.The results of this research explain that law enforcement carried out by thePekanbaru City Police, especially the Women and Children Protection UnitInvestigators, has not been optimal in cases of criminal sexual abuse of children. Theobstacles faced by the Police are the lack of quality and quantity of Women andChildren Unit Investigators, lack of cooperation from the victim or the victim's family inproviding information related to the case being processed, and a lack of public legalawareness. The efforts that the author offers in this research are to improve the qualityand quantity of investigators in the women's and children's unit at the Pekanbaru CityPolice Department, increasing public insight regarding the importance of legalawareness in order to create justice, benefit and public welfare.Keywords: Law Enforcement - Crime - Sexual Abuse - Children.

PENERAPAN KETENTUAN PASAL 42 UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERBANKAN DALAM PENYIDIKAN TINDAK PIDANA PENIPUAN MELALUI MEDIA ELEKTRONIK DI SUBDIT V DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU Putra, Yanda Syahrul Qotni; Erdiansyah, Erdiansyah; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

The crime of fraud through electronic media is one of the cyber crimes that existtoday, and the regulation related to this crime has also been regulated in Article 28Paragraph (1) of the Law on Electronic Information and Transactions. However, theenforcement of the regulation can be considered less than optimal because during thehandling, especially during the investigation, there are several obstacles that occur, and oneof these obstacles is due to the existence of Article 42 of Law Number 10 of 1998 concerningBanking which causes obstacles to an effective investigation process. The main problems inthis research are: How is the application of Article 42 of Law Number 10 of 1998concerning Banking in the investigation of criminal acts of fraud through electronic mediain Subdit V of the Special Criminal Investigation Directorate of Riau Police; What are theobstacles faced by investigators of Subdit V of the Special Criminal InvestigationDirectorate of Riau Police in applying the provisions of Article 42 of Law Number 10 of1998 concerning Banking in investigating criminal acts of fraud through electronic media;What efforts are made by investigators of Subdit V of the Special Criminal InvestigationDirectorate of Riau Police in applying the provisions of Article 42 of Law Number 10 of1998 concerning Banking in investigating criminal acts of fraud through electronic media.The type of research conducted is sociological legal research conducted at SubDirectorate V of the Special Criminal Investigation Directorate of Riau Police. The datasources used are primary data and secondary data. The data collection techniques used areinterviews and literature review. The data is then analyzed which is descriptive, evaluativeand prescriptive to be concluded using a deductive method of thinking.The results of this research are the application of Article 42 of Law Number 10 of1998 concerning Banking in the investigation of criminal acts of fraud through electronicmedia in Subdit V of the Special Criminal Investigation Directorate of Riau Police in theinvestigation of criminal acts of fraud through electronic media, where the regulation arisesif the investigator wants to disclose information related to bank secrets, especiallyinformation about customers.Keywords: Application - Crime - Fraud - Electronic Media

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