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All Journal Parlementer : Jurnal Studi Hukum Dan Administrasi Publik Federalisme : Jurnal Kajian Hukum Dan Ilmu Komunikasi
Helvis Helvis
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Penegakan Hukum Pidana terhadap Praktek Prostitusi Terselubung pada Panti Pijat Tradisional di Indonesia Mansyur Naseh Husein; Helvis Helvis
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 3 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i3.54

Abstract

Traditional massage parlors have changed dramatically. Several traditional massage parlors in Indonesia have been in the spotlight in recent years due to the covert prostitution practices that occur in these places. This practice involves sexual services offered as part of traditional massage services, and it has become a serious problem affecting various aspects of society. The problem discussed is how the practice of covert prostitution in traditional massage parlors in Indonesia cannot be fully criminalized under Articles 296 & 506 of the Criminal Code and how criminal law is enforced against the practice of prostitution in covert massage parlors in Indonesia. The aim of this research is to analyze the practice of covert prostitution in traditional massage parlors in Indonesia which cannot yet be fully criminalized under Articles 296 & 506 of the Criminal Code and analyze criminal law enforcement against the practice of prostitution in covert massage parlors in Indonesia. The theories used in this thesis are law enforcement theory and legal certainty theory. The research method was carried out using a statutory approach which was carried out by examining all laws and regulations relating to the legal issues being handled as well as approaching cases that occurred in the practice of disguised prostitution in massage parlor activities. Problems in the Effectiveness of implementing Articles 296 and 506 of the Criminal Code in law enforcement against prostitution in massage parlors is very dependent on the joint efforts of various parties, availability of resources, and commitment to crack down on this crime consistently and fairly. According to the author, criminal law enforcement against the practice of prostitution in hidden massage parlors in Indonesia currently does not yet have full legal certainty in the application of Articles 296 and 506 of the Criminal Code and related laws. Furthermore, related to the law enforcement factor which is less than optimal, according to the author, the legal system in the crime of prostitution does not work properly, especially related to the legal culture of individual officers who have not made efforts to enforce the law. The suggestions in the research are the need for cooperation between the government, community sponsored organizations (NGO ),child protection institutions and civil society in dealing with the problem of prostitution and improving the legal culture or culture where there must be a mental improvement of government officials and law enforcement officials so that there are no more unscrupulous individuals playing in law enforcement efforts against hidden massage parlors under the guise of prostitution.
Kedudukan Hukum Justice Collaborator dalam Sistem Peradilan Pidana di Indonesia Aditya Redaya; Helvis Helvis; I Made Kantikha; Nardiman Nardiman
Parlementer : Jurnal Studi Hukum dan Administrasi Publik Vol. 1 No. 3 (2024): September: Parlementer: Jurnal Studi Hukum dan Administrasi Publik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/parlementer.v1i3.56

Abstract

Justice collaborators play an important role in law enforcement. The role or function of a justice collaborator includes disclosing a criminal act or the impending occurrence of a criminal act, so that the return of assets resulting from criminal acts can be achieved to the state, providing information to law enforcement officials, providing testimony in the judicial process. The aim of this research is to analyze the legal position of justice collaborators in the criminal justice legal system in Indonesia. This research uses a type of normative juridical research by analyzing primary, secondary and tertiary legal materials. The results of the research are that the legal position of justice collaborator has a very important role in uncovering a well-organized criminal act, or a particular criminal case, so that the suspect or defendant's request to become a justice collaborator must be granted. considered based on the evidence at trial in this case. It is within the judge's authority to grant the justice collaborator's request, because this will affect the sentence. In conclusion, justice collaborators are not regulated in the criminal procedural law book in Indonesia, but are regulated in Law Number 31 of 2014 concerning Protection of Witnesses and Victims, as well as Joint Regulations for Law Enforcement Officials and Witness and Victim Protection Institutions concerning Protection of Witnesses and Victims. Complainant, Reporting Witness and Perpetrator Witness Working Together.
Penyelesaian Perkara Tindak Pidana Anak Dibawah Umur Dengan Asas Restorative Justice di Lingkungan Polres Belitung Timur Revaldy Nugraha; I Made Kanthika; Markoni Markoni; Helvis Helvis
Parlementer : Jurnal Studi Hukum dan Administrasi Publik Vol. 1 No. 3 (2024): September: Parlementer: Jurnal Studi Hukum dan Administrasi Publik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/parlementer.v1i3.57

Abstract

Crimes of theft in the family committed by children require special handling by the police, not all cases involving children are resolved through the courts. This is in the best interests of the child and also considers justice for the victim, which is called a restorative justice approach. This research aims to analyze the form of resolution of criminal acts committed by minors in the East Belitung Police area. The results of the research are that the resolution of children's cases that applies restorative justice is guided by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the 2012 Political Regulations concerning Restorative Justice, namely the resolution of children's cases outside the criminal court which emphasizes restoring the situation. initially with an emphasis on conditions for creating justice and balance for children and their victims. The conclusion is that the form of resolving criminal acts of theft committed by the East Belitung Police is by implementing restorative justice. Restorative justice carried out by the East Belitung Police aims to accommodate the norms and values ​​that apply in society while providing legal certainty, especially the benefits and a sense of justice that meets the needs of the community. a sense of justice for all parties, which is a manifestation of the National Police's authority in carrying out duties in the field of criminal proceedings and police discretion based on Articles 16 and 18 of Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia.
Co-Authors Aditya Redaya I Made Kanthika I Made Kantikha Mansyur Naseh Husein Markoni Markoni Nardiman Nardiman Revaldy Nugraha