Lolong, Wenly R. J.
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Perlindungan Hukum terhadap Anak Dari Bahaya Perbuatan Child Grooming Tulung, Gladys Monica; Lolong, Wenly R. J.; Runtunuwu, Yoan B.
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.2023

Abstract

This study aims to analyze regulations on child grooming and to understand and strengthen legal protection for children from the threat of sexual violence and exploitation, especially child grooming, given the increasing threat of child grooming in Indonesia. The type of research used by the author in this study is normative juridical using a statute approach. The results of the study show that cases of child exploitation originating from cyber grooming involving online media continue to rise steadily. Criminal activities in cyberspace include child sexual abuse/exploitation material, sexual extortion, sexting, live online sexual abuse, and child grooming. Child grooming itself is a process of deception used by sexual abusers to manipulate the minds of minors for the purpose of carrying out practices such as pornography, sexual violence, and indecent acts. Efforts to protect children have been made through various policies and programs to prevent violence, protect victims, and address the negative impacts caused. The Indonesian government has adopted various legal instruments and their implementing regulations to ensure the protection of children from all forms of violence.
Tinjauan Hukum Atas Kepemilikan Senjata Tajam oleh Anak di Bawah Umur Lahindo, Christum Octaphanni; Lolong, Wenly R. J.; Rumagit, Harly
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.2022

Abstract

The purpose of this study is to determine how legal regulations deal with the possession of sharp weapons by minors, as well as the appropriate way to apply criminal sanctions. In this study, legislative, conceptual, and case approaches were used. Primary, secondary, and tertiary legal materials were analyzed qualitatively through normative analysis. The results of the study show that Emergency Law Number 12 of 1951 regulates the possession of sharp weapons. This law prohibits anyone from possessing or carrying sharp weapons without a permit. However, Law No. 11 of 2012 concerning the Juvenile Criminal Justice System and Law No. 35 of 2014 concerning Child Protection must be applied when the perpetrator is a minor. Both laws emphasize the best interests of the child and the principle of restorative justice. Therefore, the focus of handling is diversion, guidance, and rehabilitation, and judges must consider the age, psychological condition, and social circumstances of the child.
Problematika Penjatuhan Sanksi Pidana terhadap Anak dalam Kasus Penyalahgunaan Narkotika Walukow, Veronica Agnes; Lolong, Wenly R. J.; Simandjuntak, Reynold
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.2011

Abstract

Drug abuse among children is a multidimensional issue that requires a legal response that is sensitive to the principle of the best interests of the child. This study examines the issue of imposing criminal sanctions on children who abuse drugs, focusing on efforts to harmonize the Child Protection Law and the Narcotics Law and the application of the concept of restorative justice. Based on a normative legal research method with a legislative and conceptual approach, this study examines various regulations, court decisions, and relevant legal literature. The findings show a gap between the rehabilitative principle mandated by the Child Protection Law and the practice in the field, which is still predominantly oriented towards punishment. Although diversion mechanisms and restorative justice have been prioritized, their implementation is still hampered by the low level of understanding among law enforcement officials, limited rehabilitation facilities, and strong social stigma. Synchronization between the repressive nature of the Narcotics Law and the protective orientation of the SPPA Law has not been optimally achieved, resulting in inconsistencies in the application of sanctions. This study concludes that there is a need to reformulate policies that place rehabilitation as the main focus, strengthen the capacity of officials in restorative justice, develop community-based rehabilitation models, and improve coordination among stakeholders. The recommendations proposed include revising regulations on diversion, establishing special rehabilitation institutions for children, and implementing public education programs to reduce social stigma. Consistent application of the principle of the best interests of the child is expected to create a more protective and rehabilitation-oriented juvenile justice system.
Actio Pauliana Sebagai Bentuk Perlindungan Hukum Bagi Kreditor Konkuren dalam Kepailitan Gosal, Gwyneth Maylaffasya; Lolong, Wenly R. J.; Lumenta, Henry N.
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.2056

Abstract

Bankruptcy is a situation in which a debtor is declared unable to fulfill their debt obligations to their creditors. In this situation, creditors, especially concurrent creditors, are often in a weak position because they have no security rights over the debtor's assets. To protect their interests, bankruptcy law provides the Actio Pauliana mechanism, which is the right of the trustee or creditor to cancel the debtor's legal actions that are detrimental to creditors before the debtor is declared bankrupt. This study uses a normative legal method with an approach to relevant legislation and legal doctrine. The results show that Actio Pauliana serves as a means of legal protection for concurrent creditors so that assets that have been transferred illegally can be returned to the bankruptcy estate to be used in the fair repayment of debts. This mechanism also has a preventive function to prevent debtors from committing fraud prior to bankruptcy. However, the implementation of Actio Pauliana still faces obstacles, including proving intent to harm creditors, time limits for filing, and the weak position of concurrent creditors compared to separate and preferential creditors. Thus, the application of Actio Pauliana is an important instrument in realizing the principles of justice and equality in bankruptcy law in Indonesia.
Kepastian Hukum Eksekusi Pidana Mati dalam Perspektif Pasal 100 KUHP 2023 Montolalu, Dean Christoforus; Lolong, Wenly R. J.; Runtunuwu, Yoan B.
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.2012

Abstract

This study aims to analyze the provisions and legal implications of Article 100 of the 2023 Criminal Code regarding the implementation of the death penalty in Indonesia, particularly in terms of legal certainty. Article 100 introduces a ten-year probation period for those sentenced to death, allowing for the conversion of the sentence to life imprisonment or 20 years if the convict demonstrates commendable behavior and actions. This policy raises questions about the consistency of court decisions, the predictability of sentence enforcement, and the authority of law enforcement agencies. The research uses a normative legal method with a legislative, conceptual, and analytical approach. The legal materials consist of the 2023 Criminal Code, the old Criminal Code, Constitutional Court decisions, academic literature, and related legal sources. The analysis was conducted qualitatively through the inventory and interpretation of legal norms. The results of the study show that Article 100 of the 2023 Criminal Code brings about a paradigm shift by placing the death penalty as a special punishment that is alternative and humanistic in nature. However, four main issues were found: potential legal uncertainty, the absence of objective standards in evaluating good behavior, the lack of synchronization between court decisions and the implementation of executions, which depend on administrative decisions, and the increasing burden on correctional institutions. Therefore, derivative regulations are needed to establish evaluation standards, oversight mechanisms, and inter-agency coordination so that the goal of humanizing the death penalty can be achieved without reducing legal certainty.
Pertanggungjawaban Pidana terhadap Pelaku Tindak Pidana Perdagangan Orang Gaib, Brigita Misrawati; Lolong, Wenly R. J.; Simandjuntak, Reynold
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.2021

Abstract

This study aims to discussone type of crime, namely human trafficking. This study uses a normative juridical research method, using literature analysis and secondary datacovering primary legal materials, secondary legal materials, and tertiary legal materials. The results of this studyshow that the Human Trafficking Law provides astrong legal basis. It explicitly formulates various elements of the crime ofhuman trafficking along with severe criminal sanctions. Criminal liability is not only given to the main perpetrator butalso to those who participate in the crime. However, one issue that often poses a challenge is the lack of in-depth understandingby law enforcement officials regarding the nature and complexity of the crime ofhuman trafficking. Therefore, continuous training forlaw enforcement officials and technical capacity building for investigators in maximizing the use ofthe articles on the crime of human trafficking are needed.
THE ROLE OF PENITENTIARY OFFICERS IN INMATE REHABILITATION Yoan Barbara Runtunuwu; Lolong, Wenly R. J.
Awang Long Law Review Vol. 8 No. 3 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i3.1946

Abstract

This study aims to analyze the role of the penitentiary system in supporting the effectiveness of inmate rehabilitation and its contribution to reducing recidivism rates and ensuring successful social reintegration. The method used is normative juridical legal research, which involves examining statutory regulations, legal doctrines, academic literature, and relevant court decisions. The approaches employed include the statutory approach, conceptual approach, case approach, and historical approach, all of which reinforce the analysis of regulatory developments and the application of norms related to the penitentiary system and inmate rehabilitation. The research findings indicate that the penitentiary plays a strategic role in reshaping inmate behavior through the implementation of development programs that include education, skills training, counseling, mental development, and social support. The success of the rehabilitation process is highly influenced by the ability of correctional institutions to integrate various aspects of guidance, supervision, and social reintegration in a synergistic manner. Additionally, the study finds that correctional institutions hold a vital position within the integrated criminal justice system, as they ensure the protection of inmates’ rights throughout the legal process. Overall, this study concludes that the effectiveness of the penitentiary system is determined not only by normative aspects but also by the commitment to implementation at the operational level. The success of correctional efforts is reflected in lower recidivism rates and the increased capacity of former inmates to return as productive and responsible members of society after serving their sentences.