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Juridical Analysis of Legal Protection for Victims of Sexual Harassment Crime in the Perspective of Law Number 12 Year 2022 Anasitas Nius Nifati Gulo; Van Lodewijk Purba; Jenriswandi Damanik
KOLABORASI: Journal of Multidisciplinary Vol. 1 No. 1 (2024): February
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/sxzzb172

Abstract

Sexual harassment is deviant behavior that forces a person to become the object of unwanted attention or sexual acts, either physically or verbally. Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS) regulates protection for victims, as stipulated in Articles 42 and 45, granting law enforcement and judges the authority to restrict the perpetrator’s movement to safeguard victims. The legal enforcement issues surrounding sexual harassment involve three key aspects: qualification of criminal acts, challenges in legal protection, and the effectiveness of victim protection. First, sexual harassment is an evolving crime, with an increasing number of victims each year, yet many victims still do not receive adequate legal protection. Second, the main challenge in ensuring legal protection lies in the suboptimal implementation of the UU TPKS, which aims to address law enforcement challenges, from prevention to victim recovery. Third, the UU TPKS provides a systemic protection framework for victims, including compensation-restitution, medical assistance, psychosocial rehabilitation, legal assistance, and an integrated criminal justice system that places victims as subjects in legal proceedings. To address these issues, the study adopts a library research method, examining legal literature, legislation, and expert theories related to penal policy and victim protection in sexual harassment cases. The findings affirm that the UU TPKS serves as a more comprehensive legal umbrella compared to the Indonesian Penal Code (KUHP) in safeguarding victims and prosecuting perpetrators of sexual harassment.
Legal Protection for Children Working Under Age: Normative and Implementative Studies Dodi Harisandy; Jenriswandi Damanik; Desy Kartika C. Sitepu
KOLABORASI: Journal of Multidisciplinary Vol. 1 No. 2 (2024): July
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/xm0sa819

Abstract

Cases of underage employment and discrimination against child workers—such as being forced into street performing, begging, construction labor, or commercial sexual exploitation—remain prevalent in society, despite clear legal prohibitions under Indonesia’s Child Protection Law. This study explores three key issues: (1) the legal protection mechanisms for underage workers, (2) government efforts to address child labor, and (3) the challenges faced in enforcing child labor laws through a dual-method research approach, combining library research (literature review) and field research (empirical study). The findings indicate that legal protection for child labor victims in Pematang Siantar involves strict legal actions against perpetrators, alongside active community participation—including individuals, child protection agencies, social organizations, NGOs, educational institutions, religious bodies, businesses, and mass media—all of which must operate in accordance with existing laws (Law No. 35/2014). Additionally, the government promotes community involvement through social institutions and NGOs, encouraging them to actively contribute to child protection programs and assist underage workers in accessing support services. However, significant challenges persist, including unequal access to free education for underprivileged children and law enforcement’s focus on curative rather than preventive measures, which fails to address the root causes of child labor and allows exploitation to persist
Legal and Criminological Analysis of the Crime of Abortion from the Perspective of Criminal Law in Indonesia Johan Alfred Sarades Silalahi; Novelina Mutiara S Hutapea; Jenriswandi Damanik; Senni Pionita Saragih; Desy Kartika C. Sitepu
KOLABORASI: Journal of Multidisciplinary Vol. 2 No. 1 (2025): February
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/bp55cz20

Abstract

Abortion or termination of pregnancy is a controversial issue that causes debate between the pros and cons in society, where abortion cases continue to increase every year and can occur in various circles, including teenagers who are involved in free sex, but in positive law in Indonesia, abortion in certain cases can be justified if it is an abortion provokatus medicinalis, while abortion that is generalized as a criminal act is known as abortion provokatus criminalis, so in this study three main problems were studied, namely the factors that encourage a woman to commit the crime of abortion, the application of criminal sanctions for the crime of abortion, and efforts to overcome it, using library research methods, and from the results of the analysis it was found that socio-economic factors such as financial inability, pregnancy due to rape, and pregnancy outside of marriage are the main drivers for women to have illegal abortions as a solution to unwanted pregnancies; the application of criminal sanctions against perpetrators of abortion can only be carried out if there is an element of error in the act which violates the provisions as regulated in Article 77A paragraph (1) of Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection, which states that anyone who intentionally carries out an abortion on a child who is still in the womb for reasons and procedures which are not permitted by statutory regulations as referred to in Article 45A, can be subject to a maximum prison sentence of ten years and a maximum fine of one billion rupiah; and efforts to overcome abortion can be carried out through pre-emptive, preventive, and repressive strategies, where pre-emptive efforts are carried out through routine counseling on abortion, socialization of reproductive health, and appeals to parents and the community to carry out strict supervision and provide positive activities to build the future of the younger generation, while preventive efforts are carried out through cooperation between law enforcement and health institutions such as the Doctors Association, Police Medicine, Forensic Laboratory, and the Ministry of Health to provide guidance to women who experience unwanted pregnancies so that they do not have illegal abortions, while repressive efforts are carried out through law enforcement by imposing penalties on perpetrators in accordance with applicable provisions