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Pertanggungjawaban Pidana Pelaku Kekerasan Seksual Terhadap Anak Dalam Kerangka Hukum Dan Ham Di Indonesia Acintya, Reka Saditri; Dzakyyah Ameizki Atmaja; Zaqia Salsabillah; Asep Suherman
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 1 (2025): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/0xaevw22

Abstract

Children are the nation’s next generation whose fundamental rights to live, grow, and develop safely must be guaranteed. However, along with the changing times and weak supervision, cases of sexual violence against children still frequently occur and cause serious physical and psychological impacts. Based on this, the purpose of this research is to analyze the criminal liability of perpetrators of sexual violence against children within the framework of national law and the perspective of human rights. The type of research used is normative legal research with a statutory approach, a conceptual approach, and qualitative analysis of secondary data. The results show that the criminal liability of perpetrators of sexual violence against children has been regulated in Law Number 35 of 2014 in conjunction with Law Number 17 of 2016 concerning Child Protection, as well as Law Number 12 of 2022 concerning Sexual Violence Crimes. However, in practice, there are still court decisions that are considered not to provide an optimal deterrent effect due to relatively light sanctions. Therefore, judges should place greater emphasis on child protection as victims, principles of justice, and the objectives of punishment, so that they align with human rights values and help prevent the recurrence of similar crimes. The central government’s efforts to prevent human rights violations are carried out through the establishment of regulations, stricter criminal sanctions, victim rehabilitation, and dissemination of child protection awareness.
Sengketa Perikatan dalam Influencer Marketing: Ketika Endorsement Berujung Wanprestasi dan Persoalan Pembuktian Digital di Media Sosial Clara Nuraini; Dzakyyah Ameizki Atmaja; Aqsal Ilham Saparullah
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 1 (2025): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/2z5px555

Abstract

The rapid growth of influencer marketing in Indonesia has transformed social media into a major platform for digital promotion. However, collaborations often carried out through electronic communication without a structured written agreement create legal challenges, particularly concerning breach of contract and digital evidence. This study examines the legal standing and evidentiary strength of electronic documents in proving breach of contract within influencer marketing agreements, as well as the legal responsibilities of the parties under the Indonesian Civil Code, the Electronic Information and Transactions Law, and consumer protection regulations. Using a normative juridical method and a descriptive-analytical approach, this research analyzes the legal norms governing digital contractual relations and reviews academic findings from relevant journals. The results indicate that digital evidence such as chats, direct messages, emails, and screenshots is legally admissible, but its effectiveness depends heavily on authenticity, integrity, and relevance. The absence of structured contracts complicates the proof of breach of contract because many agreements lack clear specifications of obligations. Legally, both influencers and business actors bear contractual, civil, and regulatory responsibilities, including the duty to provide accurate information to consumers. This study concludes that clear contractual arrangements, proper handling of electronic evidence, and good faith between parties are essential in resolving disputes within digital contractual relationships in Indonesia’s influencer marketing practices.