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Peranan Ahli Forensik Dalam Pembuktian Penyebab Kematian Remaja Putri Di Kuburan Cina Palembang Witasya Aurelia Sulaeman; Handar Subhandi Bakhtiar
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.709

Abstract

When it comes to crime, evidence is an issue that plays an important role in the legal process. This evidence determines the fate of the accused. In the event that the results of the examination of evidence based on the evidence provided by law are not sufficient to prove the guilt of the accused, if the guilt of the accused can be proven based on evidence, the accused is acquitted. According to Article 184 of the Criminal Procedure Code, a defendant must be punished first before being sentenced. Expert testimony is valid evidence, and Visum et Repertum can also be used as evidence to replace a manuscript in the form of a letter because Visum et Repertum is one aspect of the role of experts and/or expert testimony, so the relationship between the two cannot be separated. This study aims to determine the role of forensic legal experts in proving the cause of death and the position of evidence to reveal the cause of death of the victim. The method used in this study is normative legal research, using a statute approach and a case approach. The results of this study indicate that the role of forensic legal experts and the regulation of criminal law based on the evidentiary power of the visum et repertum in proving the cause of the victim's death.
Law Enforcement Against the Crime of Sexual Exploitation of Children in the Legal Systems of Indonesia and Malaysia Witasya Aurelia Sulaeman; Beniharmoni Harefa; Handar Subhandi Bakhtiar
International Journal of Social Welfare and Family Law Vol. 2 No. 3 (2025): Juli: International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v2i3.362

Abstract

Child sexual exploitation is a severe violation of human rights that demands a firm and multidimensional legal response. This study aims to identify the underlying causes of child sexual exploitation and to analyze and compare law enforcement practices against such crimes within the legal systems of Indonesia and Malaysia. The research employs a normative juridical method with a comparative law approach. The findings reveal that the contributing factors in both countries include weak legal enforcement, socio-economic vulnerability, misuse of digital technology, and prevailing cultural norms. In terms of punishment, Indonesia has introduced chemical castration as an additional sanction under Government Regulation No. 70 of 2020, while Malaysia imposes imprisonment and caning based on the Penal Code and the Child Act 2001. Despite having comprehensive legal frameworks, Indonesia continues to face challenges in implementation, such as inadequate law enforcement sensitivity and insufficient psychosocial support for victims. The comparative analysis indicates that legal effectiveness relies not only on statutory provisions but also on institutional commitment to uphold justice and child protection.