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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Tahasak Sahay
Universitas Palangka Raya
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CRIMINAL LAW POLICY AGAINST MINORS WHO ARE BULLYING PERPETRATORS IN THE CENTRAL KALIMANTAN REGIONAL POLICE Kezia Friscilla Angelina; Tahasak Sahay; Yurika Fahliany Dewi
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 2 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i2.3799

Abstract

This study aims to understand how criminal law policies are applied to minors who become perpetrators of bullying in the jurisdiction of the Central Kalimantan Regional Police. Using an empirical legal approach, this study examines the application of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA), particularly in the context of restorative justice. The research was conducted through literature review, interviews with police officers, and a review of juvenile case decision documents. The results indicate that juveniles as perpetrators of bullying cannot be treated the same as adults, because psychologically and socially, children are still in the development process. Therefore, resolving cases through diversion or mediation is a more appropriate option to create a sense of justice for all parties. In many cases, the police act not only as law enforcers but also as facilitators in the mediation process between the juvenile perpetrator and the victim, involving parents, schools, and counselors from the Child Protection Agency (BAPAS). However, the restorative approach cannot be applied arbitrarily because there are formal and material requirements that must be met. In addition, challenges faced by the police include a lack of evidence, victims' reluctance to speak out, and delays in reporting. To address these challenges, synergy between schools, families, and the community is needed so that the resolution process doesn't stop at mediation but also results in sustainable behavioral changes in children. This study recommends strengthening training for police officers, providing prevention education in schools, and optimizing the role of families in developing children's character to prevent future bullying.
GRANTING RESTITUTION AS A FORM OF LEGAL PROTECTION FOR CHILD VICTIMS OF SEXUAL VIOLENCE (ANALYSIS OF DECISION NO. 298/PID.SUS/2024/PN PLK) Febi Riana Sinta; Tahasak Sahay; Rizki Setyobowo
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 5 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i5.4388

Abstract

Cases of sexual violence against children are a serious form of violation of human rights that cause deep suffering for victims both physically, psychologically, and socially. Restitution is an important instrument to restore victims' rights. This article aims to analyze the application of restitution as a form of legal protection for child victims of sexual violence based on Decision Number 298/Pid.Sus/2024/PN Plk. This study uses a normative juridical method with a qualitative approach. Data sources consist of court decisions as primary data and laws and legal literature as secondary data. The results of the study indicate that restitution in the decision has been implemented as a concrete form of legal protection for victims in accordance with the provisions of Article 7A of Law Number 31 of 2014 in conjunction with Law Number 13 of 2006 concerning Protection of Witnesses and Victims and Article 82 paragraph (1) of Law Number 17 of 2016 concerning Child Protection. The provision of restitution reflects a form of restorative justice that is oriented towards victim recovery rather than merely punishing the perpetrator. However, its implementation in the field still faces obstacles such as a lack of legal understanding and limited mechanisms for enforcing restitution decisions. This article emphasizes the importance of strengthening a legal system that is responsive to victims' needs by encouraging the implementation of restitution as a mandatory instrument in every child sexual violence decision.
Co-Authors Febi Riana Sinta Kezia Friscilla Angelina Rizki Setyobowo Yurika Fahliany Dewi