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IMPLEMNTASI HUKUM ADAT DAN HUKUM NASIONAL DALAM KASUS KEKERASAN SEKSUAL TERHADAP ANAK DI KABUPATEN BIMA Nurmayana, Suri; Sumanto, Listyowati
Ensiklopedia Education Review Vol 6, No 3 (2024): Volume 6 No 3 Desember 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v6i3.2852

Abstract

Abstract: The sexual violence case involving a religious teacher in Bima Regency, who abused 10 of his students, including his nephew, reveals serious challenges in law enforcement in Indonesia. Based on the Child Protection Law and the Criminal Code, perpetrators can be sentenced to prison terms ranging from 5 to 20 years, depending on the severity of the act. The problem is how is the implementation of Maja Labo Dahu customary law in optimizing the synergy between customary law and national law in protecting children from sexual violence in Bima Regency? How effective is the implementation of national law, especially the Child Protection Law, in handling cases of sexual violence against children in Bima Regency? This study uses a descriptive normative legal research type. Data analysis is qualitative. Conclusions are drawn using deductive logic. The study results show that although there is a clear legal framework, challenges such as social stigma against victims and lack of legal awareness in the community hinder the effectiveness of law enforcement. This situation shows that although laws exist to protect children, social and cultural factors often hamper their implementation. This case also emphasizes the important role of the community and child protection institutions in creating a safe environment for children. A comprehensive approach, which integrates consistent law enforcement and social support for victims, is essential to prevent similar incidents from happening again and ensure justice for children who are victims of sexual violence. Thus, there needs to be a collaborative effort to increase legal awareness and create a more effective child protection system.Keywords: Sexual violence, child protection, social stigma, law enforcement, Bima Regency.
SANKSI PIDANA PELAKU PERDAGANGAN ORANG ONLINE MELALUI UNDANG-UNDANG NOMOR 11 TAHUN 2008 DAN TRANSAKSI ELEKTRONIK PASAL 27 AYAT 1 Nurmayana, Suri; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 3 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2836

Abstract

In light of "Law Number 11/2008 on Electronic Information and Transactions," this study addresses the criminal penalties for internet trafficking. Trafficking through online platforms is becoming more common as a result of the quick advancement of information technology, which presents significant difficulties for law enforcement. Examining the relevant legal provisions and the execution of criminal penalties in court-decided instances is the goal of this study. The following are issues with writing about the study: (1) Which sections of Law Number 11 of 2008 are pertinent to the criminal penalties for internet traffickers? (2) Based on previous court rulings, how are criminal penalties for traffickers using internet platforms being applied? It is intended that by thoroughly examining laws and writing, it will fulfill a function and demonstrate a commitment to the efficiency of law enforcement and the safety of human trafficking victims in the digital age. This study attempts to shed light on how well laws work to deter and punish those who engage in online human trafficking by using a normative juridical approach backed by a review of court rulings. The study aims to investigate how the law can best protect victims, especially in the increasingly complicated digital age. It is anticipated that the findings of this study will significantly aid in the creation of laws that are more efficient and sensitive to the difficulties posed by human trafficking in the digital sphere.Keywords: Online Pimps, EIT Law, Article 27 Paragra, Criminal Law, Online Human Trafficking, Law Enforcement Officers
DIVERSI SEBAGAI UPAYA MEMINIMALISIR PENYELESAIAN PERKARA ANAK YANG BERKONFLIK DENGAN HUKUM Kolono, Sucipto; Nurmayana, Suri; Juliani, Wenny; B, Meky Yadi Saputra; Widjajanti, Ermania
Ensiklopedia of Journal Vol 7, No 4 (2025): Vol. 7 No. 4 Edisi 2 Juli 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i4.3282

Abstract

Abstract: This paper discusses the implementation of diversion as a form of solution to criminal cases of children with legal problems outside the formal legal institution mechanism. Diversion is seen as a humanist solution because it puts forward the basis of restorative justice and protection of children's rights, as contained in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA). This study uses a theoretical approach through child protection theory and restorative justice theory, and highlights the effectiveness of diversion in practice, including various challenges faced from normative, structural, cultural, to technical operational aspects. The results of the study show that the implementation of diversion has not run optimally due to limited regulations, lack of understanding of the apparatus, lack of supporting infrastructure, and community resistance to non-retributive approaches. In addition, the inconsistency of evaluative data and uneven implementation between regions also worsen the condition. Therefore, it is necessary to strengthen regulations, increase the capacity of human resources, enlighten the community, and synergize between institutions to ensure the implementation of effective and equitable diversion. Diversion that is carried out substantially is expected to be a means of social rehabilitation and long-term protection for children in the Indonesian legal system.Keywords: diversion, children in conflict with the law, restorative justice, child protection, UU SPPA.