Garuda - Garba Rujukan Digital

Legal Studies Concerning Children As Victims Of Prostitution Atikah Rahmi
International Journal Reglement & Society (IJRS) Vol 3, No 3 (2022): September-December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i3.312

Prostitution is a sexual crime based on unnatural and uncontrolled sex drive in the form of uncontrolled lust for many people accompanied by exploitation and commercialization. Not a few children who later became victims. This paper discusses the legal study of children as victims of prostitution including the causes and legal protection factors. The research method used in this study is normative legal research using secondary data which is analyzed through content analysis with a statutory approach (statua approach). Based on the research results, it is known that there are many factors behind children becoming victims of prostitution including family, religious and economic factors. Children who are victims of prostitution are given legal protection based on Law Number 23 of 2022 concerning Child Protection.

SEXUAL VIOLENCE AGAINST WOMEN: MYTH VERSUS JUSTICE FOR VICTIMS Atikah Rahmi
Proceeding International Seminar of Islamic Studies INSIS 5 (March 2023)
Publisher : Proceeding International Seminar of Islamic Studies

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

The cases of sexual violence against women continue to show a significant increase. Violence that occurs is essentially a manifestation of gender injustice, due to unequal relations. Women are humiliated and deprived of their rights. Victims do not only experience physical violence, but also psychological, social violence in the form of ostracism, isolation and social disgrace due to the myths attached to women. Revictimization, even criminalization, is like a bitter pill that victims of sexual violence experience when expressing their suffering. This paper tries to uncover the myth of sexual violence against women which causes injustice to victims, through normative research by collecting literature and materials from the media and supported by the principle of essential justice and mub is a method that is initiated by the Indonesian Women's Ulema Congress (KUPI) as well as personal experience in handling cases of sexual violence. Based on this research, the myths of sexual violence are considered as if they are just normal occurrences and not crimes. Victims should have access to justice because the impact of the violence they experienced was very sad and prolonged.

Analisis Pembebanan Uang Pengganti Dalam Tindak Pidana Korupsi Aisyah, Siti; Atikah Rahmi
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1651

The criminal acts of corruption that have occurred so far have not only been detrimental to state finances, but also constitute a violation of the social and economic rights of society at large. Criminal acts of corruption which have occurred widely, have not only harmed state finances, but have also constituted violations of the social and economic rights of society at large, so that criminal acts of corruption need to be classified as crimes whose eradication must be carried out in an extraordinary manner. The research objective used in writing this journal is normative juridical research or commonly called normative legal research. Normative juridical research is a research method used to determine the legal norms contained in statutory regulations. In Indonesia, corruption is a collaboration between actors in the public sector and the private sector. This situation becomes even more difficult and almost becomes a decision when we see that law enforcement officials from upstream to downstream are involved in a network of corruption that should be made enemies of law enforcement or targets of law enforcement itself.

Perlindungan Hukum Terhadap Pasukan Asing yang Memberikan Bantuan Kemanusiaan di Wilayah Konflik Bersenjata Perspektif Hukum Internasional Raihan Satria; Atikah Rahmi
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 5 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Juli - Agustus 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i5.2265

Salah satu konflik terpanjang dalam sejarah modern Timur Tengah adalah konflik Israel-Palestina, yang melibatkan dua kelompok etnis yang berjuang untuk mendapatkan kedaulatan atas wilayah yang sama. Kekerasan dan ketidakstabilan konflik ini telah menyebabkan banyak penderitaan bagi kedua belah pihak, mengakibatkan ribuan kematian dan jutaan korban langsung. Studi ini menggunakan metode penelitian hukum normatif, yang juga dikenal dengan nama lain seperti metode penelitian hukum positif, metode penelitian hukum doktrinal, dan metode penelitian hukum murni. Sebagai ciri khas dari jenis penelitian hukum normatif, fokus penelitian ini adalah pada hukum tertulis atau hukum yang ditemukan dalam buku dan adat istiadat masyarakat. Untuk menjamin keselamatan dan keamanan pasukan asing yang terlibat dalam operasi kemanusiaan di wilayah konflik bersenjata, mereka berhak mendapatkan perlindungan hukum internasional. Perlindungan hukum internasional ini diatur oleh berbagai instrumen hukum internasional, seperti Protokol Tambahannya dan Konvensi Jenewa 1949, serta prinsip-prinsip hukum kemanusiaan internasional, seperti prinsip pembedaan dan kemanusiaan. Oleh karena itu, sangat penting untuk memberikan perlindungan kepada pasukan asing yang terlibat dalam operasi kemanusiaan di wilayah konflik Israel-Palestina. Organisasi kemanusiaan internasional seperti ICRC dan UNHCR sangat berkontribusi pada pelaksanaan hukum kemanusiaan internasional. Namun, tidak adanya penghormatan dan penegakan hukum kemanusiaan internasional oleh pihak-pihak yang bertikai menghalangi pelaksanaan ini.

Analisis Pembebanan Uang Pengganti Dalam Tindak Pidana Korupsi Aisyah, Siti; Atikah Rahmi
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1651

The criminal acts of corruption that have occurred so far have not only been detrimental to state finances, but also constitute a violation of the social and economic rights of society at large. Criminal acts of corruption which have occurred widely, have not only harmed state finances, but have also constituted violations of the social and economic rights of society at large, so that criminal acts of corruption need to be classified as crimes whose eradication must be carried out in an extraordinary manner. The research objective used in writing this journal is normative juridical research or commonly called normative legal research. Normative juridical research is a research method used to determine the legal norms contained in statutory regulations. In Indonesia, corruption is a collaboration between actors in the public sector and the private sector. This situation becomes even more difficult and almost becomes a decision when we see that law enforcement officials from upstream to downstream are involved in a network of corruption that should be made enemies of law enforcement or targets of law enforcement itself.

Problematika Penegakan Hukum Kasus Pembunuhan Berencana di Indonesia: Studi Kasus Pembunuhan Berencana Kopi Sianida oleh Jessica Wongso terhadap Mirna Salihin Siti Rahma Sagala; Atikah Rahmi
As-Syar i: Jurnal Bimbingan & Konseling Keluarga Vol. 6 No. 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.1825

This research was conducted to look at the problems of law enforcement in Indonesia in the case of the premeditated murder of Wayan Mirna Salihin. Whether the judge's decision has provided justice that is as fair as possible to the victim and perpetrator, the evidence presented at the trial does not comply with procedures in accordance with the Criminal Code, the emergence of the films Ice Cold Murder, Coffee and Jessica Wongso has made the public less confident in the law in Indonesia. It is necessary to examine the role of the forensic autopsy in uncovering this case, the discovery of cyanide in Mirna's stomach, which is very strong evidence to prove that the cause of Mirna's death was poisoning by her friend Jessica Wongso. Research methods used used in this research is normative legal research, research using a problem approach, namely judicial case study by approaching the Mirna Salihin premeditated murder case, by examining the judge's decision which resulted in Jessica Wongso being convicted, by conducting this research uncovering the irregularities that occurred in This murder case creates a conflict of interest that cannot be resolved. Jessica Kumala Wongso has been convicted of violating Article 340 of the Criminal Code, namely premeditated murder. In the results of the examination, experts said that a complete autopsy must be carried out for human deaths due to poison. The expert concluded that the cause of WAYAN MIRNA SALIHIN's death was cyanide, especially since 0.2 mg/liter of cyanide was found in the stomach. The judge's decision regarding the premeditated murder of Mirna Salihin did not have any valid and strong evidence at all, starting from the testimony of witnesses who did not there was someone who saw Jessica put poison in the coffee that Mirna was drinking, then the expert's testimony in the examination was not perfect, one of which was that the autopsy did not comply with proper procedures, as well as evidence, such as CCTV which was not original and contrary to regulations. KAPOLRI No. 10 of 2009, as well as the defendant's statement that it never occurred to him to kill his own friend.

Settlement of Disputes Regarding the Collision Incident Between a Philippine Civilian Supply Ship and a Chinese Coast Guard Vessel in the South China Sea in 2023 Abdul Arif Putra; Atikah Rahmi
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 8 No 2 (2025): Sharia Economics
Publisher : Universitas KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v8i2.6995

The South China Sea dispute has emerged as a highly complex issue, marked by various tensions that disrupt regional stability. The collision incident between Philippine and Chinese vessels has further heightened these tensions. This research aims to examine the legal implications of the collision between the Philippine and Chinese ships, to understand the dispute resolution mechanisms under the 1982 UNCLOS, and to assess the application of UNCLOS provisions in the collision incident between the Philippines and China in the South China Sea. The research method used is normative legal research with a case approach. The results indicate that China’s actions constitute a violation of provisions under international law. The impact of the collision incident has further exacerbated the contest over territorial claims in the South China Sea.

Urgensi Perlindungan Anak Korban Eksploitasi Seksual: Telaah Hukum Nasional dan Thailand Stevaniya Tarigan; Atikah Rahmi
Jurnal Hukum Lex Generalis Vol 6 No 1 (2025): Tema Hukum Internasional dan Perbandingan Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i1.825

Child exploitation is a significant global issue, particularly in Southeast Asia, including Indonesia and Thailand. This study aims to examine the legal regulations in Indonesia and Thailand regarding child exploitation and to understand the urgency of legal protection for child victims of sexual exploitation in both countries. A normative juridical research method is employed to analyze how these countries handle child exploitation cases, focusing on legal standards and their implementation. The study compares the laws in both nations and evaluates their application in child exploitation cases. The findings indicate that Indonesia's legal framework for addressing child exploitation refers to Article 76I in conjunction with Article 88 of the Child Protection Law (UUPA) and Article 12 in conjunction with Article 13 of the Law on Sexual Violence Crimes (UUTPKS). In Thailand, child exploitation is regulated under the Thailand Penal Code and the Child Protection Act of 2003. When applying Indonesian law to offenders of child exploitation crimes occurring in Thailand, it is essential to consider the United Nations Convention on the Rights of the Child (CRC) of September 2, 1990. Legal protection for child victims of sexual exploitation in Indonesia varies according to the provisions of the Child Protection Law. Meanwhile, Thailand implements protection measures through national campaigns, strategic policies, and international cooperation. Keywords: Law, Indonesia, Thailand, Child Exploitation

LEGAL ANALYSIS OF CONTRADICTIONS IN THE TESTIMONY OF THE WITNESS A DE CHARGE THAT INFLUENCE THE DEFENDANT: A CASE STUDY OF MA DECISION NUMBER 4050 K/PID.SUS/2024 Sofia Khairunnisa Damanik; Atikah Rahmi
International Journal of Synergy in Law, Criminal, and Justice Vol. 3 No. 1 (2026): Vol. 3 No. 1 (2026): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v3i1.169

The defendant's right to present mitigating witnesses (witnesses a de charge) is an integral part of the principle of fair trial and the protection of human rights in criminal procedural law. Normatively, the Criminal Procedure Code (KUHAP) does not differentiate the evidentiary value of witnesses based on the party presenting them, but rather emphasizes the fulfillment of formal and material requirements for witness testimony as valid evidence. However, in criminal justice practice, the testimony of witnesses a de charge is not always mitigating and in certain conditions actually contains contradictions that strengthen the charges and incriminate the defendant. This study aims to analyze the legal position and legal implications of the contradictions in the testimony of witnesses a de charge that incriminate the defendant, with a case study of Supreme Court Decision Number 4050 K/Pid.Sus/2024. The research method used is normative legal research with a statutory, doctrinal, and court decision study approach. The results of the study indicate that the witness's status as a de charge does not determine the direction of the assessment of his testimony. Judges, based on the principle of freedom to negatively assess evidence in the statutory evidentiary system, have the authority to objectively assess the substance, consistency, and relevance of witness testimony. Supreme Court Decision Number 4050 K/Pid.Sus/2024 confirms that contradictory testimony from a de charge witness may still be used as part of the evidence against the defendant as long as it meets the requirements of valid evidence and is linked to other evidence. This finding demonstrates that the protection of the defendant's rights within a fair trial framework is not absolute but must be placed proportionally in the pursuit of material truth and the upholding of substantive justice.

IMPLEMENTATION OF THE PRINCIPLE OF BEST INTERESTS FOR CHILDREN IN THE JUVENILE CRIMINAL JUSTICE SYSTEM: A CRITICAL ANALYSIS OF THE KISARAN DISTRICT COURT DECISION NUMBER 21/PID.SUS-ANAK/2025/PN KIS Amalia Anjani; Atikah Rahmi
International Journal of Synergy in Law, Criminal, and Justice Vol. 3 No. 1 (2026): Vol. 3 No. 1 (2026): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v3i1.170

The principle of the best interests of the child is a fundamental principle in the juvenile criminal justice system, as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study aims to analyze the application of these principles to the Kisaran District Court Decision Number 21/Pid.Sus-Anak/2025/PN KIS, which has sparked controversy in Batu Bara Regency. This case has garnered public attention because it involved a child as the perpetrator of a crime that resulted in the victim's death. The prosecutor's demand and the judge's decision both imposed a 7-year prison sentence. The victim's family considered the decision too lenient and did not reflect a sense of justice, while positive law in Indonesia stipulates that the potential criminal penalty for children is half the maximum penalty applicable to adults. This study employed normative legal research methods with statutory, case-based, and conceptual approaches. The results indicate that the judge's decision aligns with the national legal framework oriented toward child protection, but still leaves a tension between restorative justice for child perpetrators and the retributive justice expected by the victim's family. These findings emphasize the need for a balance between protecting children's rights and being sensitive to the community's sense of justice in handling juvenile criminal cases. Keywords: Best Interests of the Child, Juvenile Criminal Justice System, Kisaran District Court Decision

Title

Found 20 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 20 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 20 Documents
Search