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All Journal University Of Bengkulu Law Journal TRIBUTE: JOURNAL OF COMMUNITY SERVICES Commerce Law TOFEDU: The Future of Education Journal Journal of Innovative and Creativity Jurnal Kajian Hukum Dan Kebijakan Publik Sultan Adam : Jurnal Hukum dan Sosial Jurnal Hukum dan Pendidikan Kewarganegaraan
Wevy Efticha Sary
Universitas Bengkulu
Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Patologi Sosial Prostitusi Anak Dan Perdagangan Manusia: Kajian Patologi Sosial Dalam Perspektif Hak Asasi Manusia Aurellya Ramadhani Syainda Putri; Khansa Athaya Nurulkamila; Khinalya Farradiba Syahnaz; Tasya Amanda Putri; Wevy Efticha Sary
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 1 (2025): Oktober - Desember
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

Child prostitution tied to human trafficking stands out as one of the gravest and most intricate social issues plaguing Indonesia. It highlights the extreme susceptibility of children to sexual abuse while revealing underlying societal flaws, such as widespread poverty, inadequate educational opportunities, crumbling family units, and the decline of ethical and communal standards. As outlined in the document, this exploitation occurs via multiple methods, including luring victims with deceptive job offers, transporting them between locations, abusing them in local brothels or entertainment spots, and newer trends like online solicitation via social media and secure digital channels. These operations typically involve coordinated groups of recruiters, middlemen, exploiters, and clients. Viewed through a human rights lens, child prostitution is a serious infringement on children's basic dignity and rights, as protected by the Convention on the Rights of the Child (CRC), Indonesia's Child Protection Law, and the Anti-Human Trafficking Law. Affected children are deprived of safeguards, schooling, healthcare, safety, and the chance to mature normally. The discussion stresses the government's duty to uphold, safeguard, and ensure these rights, yet execution is hindered by ineffective policing, poor collaboration among agencies, and insufficient support for victim recovery and reintegration. The study determines that child prostitution within human trafficking reflects a breakdown in societal structures and shortcomings in child welfare systems. Consequently, a comprehensive strategy is imperative, combining prevention via education and financial support, rigorous prosecution of trafficking rings, and thorough rehabilitation for survivors. Reinforcing compassionate principles and widespread societal consciousness is crucial to ending the cycle of abuse and securing complete rights-based protection for children.
Seizure As A Coercive Measure In A Comparison Of Criminal Procedural Law Between Indonesia And France Salwa Aulia; Wevy Efticha Sary
University Of Bengkulu Law Journal Vol. 10 No. 2 (2025): October
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v10i2.46708

Abstract

Seizure is a form of coercive measure in criminal procedure law that inherently restricts constitutional rights, particularly the right to property and protection against arbitrary actions by law enforcement officials. Changes to criminal procedure law regulations in Indonesia through the New Criminal Procedure Code mark a fundamental reform of the investigation mechanism, including regulations on seizure. However, these normative reforms need to be critically examined to assess the extent to which the new regulations are able to guarantee due process of law and prevent abuse of authority. This article aims to analyze the provisions on seizure in the New Indonesian Criminal Procedure Code by comparing them with the seizure system in the French Code de procédure pénale as a representation of an established civil law system. This study uses a normative juridical method with a legislative, conceptual, and comparative legal approach. The results show that the New Criminal Procedure Code has strengthened the normative basis for seizure by confirming the objectives, objects, and procedures for seizure, but still leaves broad discretion to investigators. In contrast, French criminal procedure law places strong judicial control through a mechanism of judicial authorization and procedural guarantees for suspects and third parties. This comparison emphasizes the importance of strengthening judicial oversight and limiting the authority of investigators in the seizure system in Indonesia. This article contributes by formulating normative implications and offering a reconstruction of seizure regulations in the New Criminal Procedure Code that is oriented towards the protection of human rights, legal certainty, and the principle of proportionality in criminal procedure law.
A Juridical Analysis of Human Trafficking as a Transnational Crime from the Perspective of International Criminal Law and Its Implementation in Indonesia Jeli Yanti; Wevy Efticha Sary
The Future of Education Journal Vol 5 No 2 (2026)
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i2.1742

Abstract

Human trafficking constitutes one of the most serious and systematic forms of transnational crime in the era of globalization. Indonesia, as a country of origin, transit, and destination for human trafficking, faces complex challenges in enforcing international criminal law. This study aims to normatively analyze the legal position of human trafficking as a transnational crime from the perspective of international criminal law, while evaluating the effectiveness of the implementation of Law Number 21 of 2007 on the Eradication of the Crime of Trafficking in Persons in Indonesia. Employing a statute approach and a conceptual approach, this study finds a significant gap between international legal norms as stipulated in the Palermo Protocol 2000 and Indonesia's domestic regulations, particularly regarding the definition of victims, recovery mechanisms, and inter-agency coordination. The novelty of this research lies in the identification of three structural weaknesses in the implementation of the Anti-Trafficking Law: (1) normative ambiguity in defining exploitation; (2) weak restitution and compensation mechanisms for victims; and (3) institutional misalignment between central and regional Anti-Trafficking Task Forces. This study recommends a partial revision of the Anti-Trafficking Law and strengthening of vertical-horizontal coordination among law enforcement agencies.
Validity of Land Rights Determination Decisions Issued Beyond the Scope of Delegated Authority within the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) Yelse Maya Wulandari; Imelda Aprilia Putri; Wevy Efticha Sary
The Future of Education Journal Vol 5 No 3 (2026)
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/ct3jzs08

Abstract

A land rights determination decision issued by an official beyond the limits of delegated authority raises legal issues concerning the validity of the decision and legal protection for the rights holder who has relied upon it. This issue is significant because Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 5 of 2025, as amended by Regulation Number 9 of 2025, distributes authority for determining land rights among the Minister, Director General, Head of Regional Office, and Head of Land Office based on the type of right, legal subject, land area, and other specified circumstances. Such distribution makes the competence of the issuing official an essential element in determining the validity of a land administration decision. This research applies normative legal research using statutory and conceptual approaches. The results indicate that the delegation of authority within the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency is carried out through delegation or subdelegation within predetermined limits. Officials receiving delegated authority are required to exercise it within those limits. A decision issued beyond such authority contains a defect of competence and may provide grounds for annulment or other administrative action under administrative law. Nevertheless, the settlement of such decisions must also consider legal protection, legal certainty, and the position of parties who acquired rights in good faith. Strengthening supervision over delegated authority and verifying official competence before the issuance of land rights decisions are therefore necessary to prevent legally defective land administration decisions.
Legal Protection of Buyers in The Pre-Project Selling Scheme for Residential Property in Indonesia Tasya Putri Afrudi; Thalita Audrey Azalia; Wevy Efticha Sary
The Future of Education Journal Vol 5 No 3 (2026)
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/k8d69t20

Abstract

This study examines the level of legal protection provided to buyers in pre-project selling (PPS) housing schemes during the early stages of development, when permits are incomplete, land titles are unclear, and buildings are not yet constructed. Using a normative approach and jurisprudential analysis, this study examines regulatory gaps, market practices, and relevant Supreme Court decisions. The results indicate that despite the existence of consumer protection regulations, protection during the pre-construction phase remains weak due to unclear land status, reliance on non-binding bank guarantees, and a lack of effective dispute resolution mechanisms. Implications of these findings include recommendations for regulatory improvements, increased transparency, and strengthening mediation institutions.
An Analysis of Murder Cases in Indonesia and the Evidence Used in Criminal Proceedings Dirgo Hafiizh Danil; Muhammad Azka Zidane; Wevy Efticha Sary
The Future of Education Journal Vol 5 No 3 (2026)
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/crhvth40

Abstract

In contemporary society, both individuals and groups may engage in conduct that deviates from prevailing social norms, particularly legal norms. The increasing incidence of criminal activity in Indonesia remains a significant concern, with criminal offenses ranging from seemingly minor acts of theft to robbery, sexual violence, and homicide. Homicide is a particularly serious criminal offense because it results in the loss of human life. In 2021, at least 1,076 homicide cases were recorded in Indonesia, involving victims of different ages and genders. This situation raises important questions regarding how homicide cases can be identified and distinguished and why evidence discovered at crime scenes can serve as a basis for identifying the perpetrator. This study employs normative legal research using statutory, case, and historical approaches. Homicide cases often originate from minor conflicts that escalate and persist over time. Under Article 184 of the Indonesian Code of Criminal Procedure (KUHAP), recognized forms of evidence include witness testimony, expert testimony, documentary evidence, indications, and the defendant’s statement. Factors contributing to premeditated and non-premeditated homicide include family circumstances, economic conditions, and environmental factors. Therefore, greater public awareness is needed regarding criminal offenses and the legal sanctions applicable under Indonesian law.
Co-Authors Ahmad Yasir Irsyahma Alya Novia Syafitri Amelia Saputri Anisa Fiteria Anjar Rusadi Annisya Nurhasanah Aprianti Lubis Arsyanika Nhayla Ananda Aulia Nafisha Rahma Aurellya Ramadhani Syainda Putri Chaerly Ernanda Safitri Chichi Savitri Dirgo Hafiizh Danil Dwi Putri Lestarika Eccha Revina Santika Ellie Andini Elshirah Triani Cory Ferin Almi Justisia Gun Ramajayadi Haikal Wedi Alfarezs Helda Rahmasari Herlambang Ihza Briliant Afifky Imelda Aprilia Putri Indri Kurnia Saputri Iqbal Haris Maulana Efendi Jeli Yanti Khansa Athaya Nurulkamila Khinalya Farradiba Syahnaz Muhammad Afarly Meliala Muhammad Azka Zidane Muhammad Fadhel Febriansyah Petra Alfa almunziri Reza Seby Alfikri Riani Risma Rahmadani Salaisyah Amalia Yusuf Salsabila Delfri Salwa Aulia Tasya Amanda Putri Tasya Putri Afrudi Thalita Audrey Azalia Tiara Okta Yanti Yelse Maya Wulandari Yuanda Restu Putri Chalista