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All Journal Syntax Literate: Jurnal Ilmiah Indonesia JURNAL USM LAW REVIEW
Papuluwa, Nurlaila Kadarwati
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Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Effectiveness of Restitution Fulfillment for Children as Sexual Crime Victims: A Study in the North Maluku High Prosecutor’s Office Malik, Faissal; Hanafi, Muhammad Amin; Papuluwa, Nurlaila Kadarwati; Budiono, Arief
JURNAL USM LAW REVIEW Vol. 7 No. 3 (2024): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v7i3.10325

Abstract

 This paper aims to analyze the implementation of restitution right fulfillment for children as sexual crime victims in the legal area of the North Maluku High Prosecutor’s Office, Indonesia and the challenges in fulfilling these rights. Restitution is compensation given to the victim by the perpetrator of the crime or a third party and is an effort to guarantee the rights of victims. There was an issue where restitution rights were seldom strived for by law enforcers. Another problem is that society lacks knowledge of the existence of restitution rights. This paper is urgent because it may provide information on why these issues exist and how to resolve them in order to give victims their rights. This was empirical research which employed the statute approach and the case approach. In this paper, the live case study was applied. Results showed that the restitution fulfillment of children as sexual crime victims in the North Maluku High Prosecutor’s Office was still suboptimum as there was only one case in 2022 where the general prosecutor strived to demand restitution. The restitution is regulated in Governmental Regulation No. 43 of 2017 and Guidelines Supreme Court No. 1 of 2021. Law enforcing apparatuses and social institutions need to organize an education program for society on restitution rights for children as sexual crime victims in the North Maluku Province to increase their awareness. The application for restitution should be strived for by law enforcers starting from the investigation stage as more time is available.
Analisis Ketimpangan Penguasaan dan Pemilikan Tanah Pasca Reforma Agraria di Indonesia Umar, Mahmud Hi.; Suwarti; Papuluwa, Nurlaila Kadarwati
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v8i11.13918

Abstract

Reforming agrarian law will only be successful if agrarian law prioritizes farmers as the main pillar of national economic development, without ignoring the interests of investors and large investors as a source of development financing. In following up on the policy of reforming Agrarian law as regulated in the UUPA, the government has issued a decree as outlined in MPR Decree Number: IX/MPR/2001 concerning Agrarian Reform and Natural Resource Management. To overcome problems that will later hinder the implementation of agrarian law reform in Indonesia, Pancasila and the 1945 Constitution must be used as the ideal basis and constitutional basis for every legal act carried out by the State, meaning that regulations or policies issued in the context of implementing agrarian law reform must be based on on Pancasila and the 1945 Constitution. Agrarian conflict is still a legal problem in Indonesia. The presence of a strategy in the form of agrarian reform is expected to be able to make a real contribution in realizing social justice and people's prosperity for all Indonesian people. The implementation of agrarian reform is characterized by comprehensive asset management and access management, so it is important to carry out a comprehensive evaluation with fairness and community empowerment. The results obtained from this research show that the organizers of agrarian reform are expected to be able to guarantee increased community welfare and realize social justice, whether through the efforts of the Agrarian Reform Task Force (GTRA) or the Government which carries out a compromise strategy with ministries/institutions to ensure land rights through agrarian reform.
Co-Authors Arief Budiono Hanafi, Muhammad Amin Malik, Faissal SUWARTI Umar, Mahmud Hi.