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All Journal Journal of Law, Poliitic and Humanities
R. Rahaditya
Tarumanagara University, Jakarta, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical Review of Minors Facing Legal Proceedings in Pornography Offenses Lidya Imelda Rachmat; R. Rahaditya
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1021

Abstract

This research analyzes the legal perspective on children in conflict with the law in cases of pornography-related crimes. The primary focus of this study is on the implementation of Law No. 44 of 2008 on Pornography and the Juvenile Justice System in cases involving children as perpetrators or victims. The approach used combines normative and empirical studies with descriptive methods. The results indicate that although regulations are applied, there are challenges in field implementation, such as social stigma against children in conflict with the law. This study also highlights the importance of restorative justice approaches in handling these cases to minimize negative impacts on the child’s psychological and social development.
The Fulfillment of Diversion in Cases of Participation in Assault Resulting in Death by Children Merlin Theodor Handayani Samosir; R. Rahaditya
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1022

Abstract

The increasing number of crimes involving children, the diversion approach is a major concern as an alternative in the juvenile criminal justice system that should be prioritized as mandated by Law No. 11/2012 on Juvenile Criminal Justice System (UU SPPA), which emphasizes peaceful conflict resolution between juvenile offenders and victims. However, this process can be complicated when the victim's family does not accept an amicable settlement. Although peace efforts were achieved between the victim's family and the offender's parents, the difference in sentences between the defendants triggered dissatisfaction and violation of the initial agreement, posing a dilemma in the implementation of diversion. This study highlights the application of diversion in the case resolved in Decision Number 9/Pid.Sus-Anak/2021/PN Jmb, where the peace process between the victim's family and the perpetrator faced challenges, although an agreement was reached. This research uses a normative juridical method with descriptive analysis of legal sources, including laws, journals, and court decisions. The analysis shows that, although diversion is mandatory in juvenile cases, material compensation is not. Its success depends heavily on the willingness of the parties involved to reach a fair and binding agreement so as not to create dilemmas in its implementation. This study recommends refining the diversion mechanism to address conflicts arising from disagreements between the parties in cases of children in conflict with the law.
Analysis of the Judge's Consideration on the Decision of the Central Jakarta District Court Number 157/Pid.B/2024/PN Jkt.Pst In The Case Of Online Concert Ticket Fraud Malika Baby Natasha; R. Rahaditya
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1107

Abstract

This study seeks to examine the judicial interpretation underlying the judge's rationale in Central Jakarta District Court Decision Number 157/Pid.B/2024/PN Jkt.Pst, concerning the case of online concert ticket fraud involving defendant Ghisca Debora Aritonang. The main focus of this research is to understand how the judge handed down the verdict and how the verdict interprets the legal provisions regarding fraud in digital transactions. Using a normative legal research method with a statutory approach, the results of the analysis show that the judge's consideration in this decision is very in-depth and comprehensive. The results showed that the judge considered various legal aspects and facts revealed during the trial, ranging from the elements of fraud in accordance with Article 378 of the Criminal Code to malicious intent proven from evidence and witness testimony. In addition, the defendant's mental state and the social impact of the fraudulent act that harmed many people became the focus of the judge's attention. By emphasizing the absence of justification for the defendant's actions, the judge gave a firm decision that is expected to have a deterrent effect on other criminals. The legal interpretation in this decision reflects the application of the principles of justice and accountability in criminal law in Indonesia. It is hoped that there will be increased public education and awareness regarding the risks of online transactions as well as cooperation between law enforcement and concert organizers to facilitate safer transactions
Co-Authors Lidya Imelda Rachmat Malika Baby Natasha Merlin Theodor Handayani Samosir