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Proceedings Series on Social Sciences & Humanities
Published by Universitas Muhammadiyah Purwokerto
ISSN : -     EISSN : 2808103X     DOI : https://doi.org/10.30595/pssh.v2i.92
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
The Proceedings Series on Social Sciences & Humanities aims to publish proceedings from conferences on the scope: 1. Business, Management & Accounting 2. Social Sciences (General)
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 1,156 Documents
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The Crime of Human Trafficking from the Perspective of National and International Law Daffa Jati Nugroho; Yusuf Saefudin
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1069

Abstract

Human trafficking is a form of abuse that violates human dignity. Human trafficking in the form of organised crime networks is increasing both domestically and internationally. This organised crime makes it difficult for governments to deal with it and protect its victims. Bloomsbury University refers to human trafficking as "human trafficking", which is "the illegal process of finding and mistreating people for unpaid and often unpleasant labour in settings with no rights defined as the act. How is the legal regulation of human trafficking crimes nationally and internationally and how is the legal protection for victims of these crimes? The method used in writing this research is an analytical approach with legal concepts or statutory approach. The results of the research show that although the regulation on human trafficking is contained in international instruments such as the Palermo Protocol, the domestic regulation in Law Number 21 Year 2007 on Crime Eradication does not allow the trade of human organs by Indonesians. However, if the organ can be used to save the life of another person, for example by transplantation, there will be additional legal requirements for human organ transplantation. For the regulation of human organ trafficking in Indonesia, Law No. 21 Year 2007 on the Eradication of the Criminal Offence of Trafficking in Persons. Currently, the form of protection for victims of human trafficking and human trafficking offences is to punish the perpetrators legally and fulfil the needs of the victims.
Juridical Review of the Crime of Money Laundering with the Mode of Fried Shares Derived from Corruption Crime (Study of Decision: Number 29/Pid.Sus-Tpk/2020/Pn.Jkt.Pst) Ari Setiawan
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1070

Abstract

This study discusses the judge's consideration in making a decision on criminal sanctions for perpetrators of money laundering with the mode of fried stocks originating from corruption (Study of Decision: Number 29/Pid.Sus-TPK/2020/PN.Jkt.Pst.). The writing of this research is motivated by the fact that in cases related to corruption, judges' decisions often do not match the expectations of the community, especially in this case the perpetrators of these crimes play quite beautifully using the proceeds of their corruption to look like legitimate. So from this research it is important to ensure that the decisions that have been given are decisions that are in accordance with the proper regulations so that the public can believe that the law in Indonesia is enforced fairly and efficiently by law enforcers. The type of research in writing this article uses normative juridical research, namely research conducted using the library method by emphasizing the applicable laws and regulations that are relevant to the legal issues that are the focus of the research. The results of the research regarding the application of material criminal law with evidence that has been listed in the decision are in accordance with applicable regulations which refer to Article 2 Paragraph (1) Jo Article 18 of Law Number 31 of 1999 concerning Eradication of Corruption Crimes as amended by Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes Jo. Article 55 paragraph (1) to 1 of the Criminal Code and Article 3 of Law Number 8 of 2010 on the Prevention and Eradication of the Crime of Money Laundering, and Law Number 8 of 1981 on Criminal Procedure and other laws and regulations.
Juridical Review of The Criminal Actions Performed by Children Against Children by Doing Deception and A Series of Lies (Decision Study Number 17/Pid.Sus-Children/2022/Pn Pwt) Arvina Nur Febriana Putri
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1071

Abstract

The development of the world in this era of globalization shows a very rapid development, marked by positive influences, namely more advanced and developed science and technology. In addition to the positive effects that have been received, there have also been many negative effects that have also been received from globalization, in which crime has become more developed and sophisticated both in terms of quantity and quality. Along with the development of the era of globalization, there are also many crimes committed by children, which causes public concern. Crimes committed by these children include rape, obscenity, sexual abuse and sexual acts.. In this research, the problem to be solved is how to consider the decision of the judge issued to the child, from the point of view of restorative justice. The purpose of it is to find out the grounds for sentencing children in the order of restorative justice as a form of settlement of the crime of sexual intercourse committed by a child against a child. The authors used empirical legal and regulatory research with reference to the theoretical nature of the provisions of the applicable law and field research to establish facts about specific legal developments. In this research, the authors use the case approach method. The results of this research will be useful for the development of legal science, in particular to increase knowledge and add references, especially on issues related to the use of punishment against children in Indonesia, especially in cases of child-on-child sexual intercourse.
Juridical Analysis in The Case of The Crime of Theft with Aggravation Committed by Minors Muhammad Yusuf Al Ghani
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1072

Abstract

Law No. 11/2012 regulates the special treatment of children in conflict with the law, which is different from adult criminal offenders. A child according to Article 1 number 1 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection is a person who is not yet 18 (eighteen) years old, including children who are still in the womb.Children are vulnerable groups in society who need protection. This research aims at the qualification of criminal acts of theft with aggravation committed by children in the view of criminal law and knowing the basis of the judge's consideration in imposing punishment with aggravation committed by children.applied in order to answer the problem of criminal acts of theft with aggravation committed by children in the view of criminal law. The type of research used in this research is normative juridical by focusing on positive law and through a statutory approach. the results of this study know the basis of the judge's consideration in deciding a case of theft committed by a child and the judge's consideration is in accordance with the applicable provisions in the criminal code (KUHP).
Implementation of The Concept of Restorative Justice in Overcoming Over Capacity in Correctional Institutions Prio Budi Tri Utomo; Yusuf Saefudin
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1073

Abstract

The concept of restorative justice as a form of out-of-court settlement is needed to overcome various problems beyond the capacity of prisoners in prisons. Because the overcapacity of prisoners can cause many kinds of problems that exist in correctional institutions. Overcapacity in correctional institutions is influenced by several factors, one of which is the high rate of imprisonment used in existing regulations. The application of the concept of restorative justice can reduce the use of imprisonment to overcome overcapacity in correctional institutions. The research method of legal writing is normative legal research. Restorative justice policies are regulated by international legal instruments and national laws. The results of the study show that the policy of building restorative justice in combating prisoner overcrowding has been contained in the 2000 Vienna Declaration, the Minimum Standard Rules for the Treatment of Prisoners, Law No. December 1995 on Corrections, Perkapolri No. 6 of 2019, Perjak No. 15 of 2020, MARI Badilum Decree No. 1691/DJU/SK/PS.00/12/2020). The implementation of the concept of restorative justice aims to overcome overcapacity in correctional institutions.
Legal Protection of Victims of Verbal Catcalling in the Perspective of the Law on Criminal Acts of Sexual Violence Sifa Aminudin; Yusuf Saefudin
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1074

Abstract

The purpose of this study is to evaluate the violence that often befalls women who are victims of verbal sexual harassment. Law Number 12 Year 2022 provides legal protection for victims of sexual violence (TPKS Law). The method used in this case study is the normative method. This is based on the fact that bullying is a form of verbal violence that expresses non-physical actions involving the body, sexual desire and inappropriate attractiveness to lower a person's mood. This can degrade human dignity based on their decency. As stipulated in the TPKS Law, victims of verbal sexual harassment have the right to be protected from actions that can degrade dignity. The form of protection is the implementation of duties and instilling a sense of security for victims, provided that it is carried out by LPSK and other institutions authorized by law. Verbal harassment or acts of violence should not be taken lightly, there must be firm action to provide a deterrent effect for the perpetrators. Because it is not only detrimental to the victim, but also a problem from the point of view of the norms that exist in society. In essence, humans are social creatures who live side by side to build community life and create synergy. Most catcalling occurs in community settings directed at women.
Copyright Protection of Graphic Design Works on Print on Demand Ega Haidar Afif
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1075

Abstract

Graphic design is a profession responsible for developing and designing specific visual communications through images that successfully convey important messages, express emotions and values. This is achieved through a harmonious combination of visual elements such as typography, color, proportion, etc. The importance of this profession lies mainly in consideration of the image of today's society. Images are starting to dominate text, which is why more and more communication, advertising and marketing strategies are emphasizing visual formats, whether through photographs, brochures or posters. From a business strategy point of view, graphic design is essential for strengthening a company's image and differentiating itself from the competition. In addition, you must master product design techniques in both print and digital forms. A graphic designer should thoroughly understand copyright protection, which is essential to avoid infringing on the creator's economic and moral rights. Copyright is the right to work in the fields of science, literature and art. Graphic design is one form of work that is protected by copyright. POD or Print On Demand, is a method where designers collaborate with suppliers to print their designs on white-labeled items whenever customers request them, such as blankets, mugs, or t-shirts. Graphic design is one type of creation that is protected by copyright under the Copyright Act. The existence of the Copyright Act has not made Indonesia compliant with copyright protection. There is still frequent use and procurement of graphic designs without obtaining permission from the creator, so it is necessary to study the rights of creators to graphic designs used in sales products in Indonesia.
Normative Juridical Review of Legal Protection of Underage Child Laborers Rizki Gusti Perdana
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1076

Abstract

Exploitation of child labor still occurs in Indonesia. Poverty and weak legal protection of children is one contributing factor. Therefore this paper aims to examine the factors that cause the emergence of child labor, child rights and legal protection for child workers, and prevention of child labor in Indonesia. The results of this study indicate that the occurrence of child labor is influenced by various social factors such as poverty and economic. Protection of child labor has been arranged in the formulation of laws and International Conventions ratified by Indonesia. Various efforts have been made to overcome the problem of child labor, but the government's effort is not maximized as expected.
Legal Responsibility for the Perpetrators of Online Gambling Crimes in Indonesia Seviana Ratna Intan
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1077

Abstract

With the development of this technology, humans can easily access what they want, one of which is online gambling sites. Online gambling is a deviation that is contrary to religious, moral, moral and legal norms, but it is increasingly widespread and difficult to eradicate. Gambling is a form of community disease and is included in the qualification of crime. The rise of gambling will damage the social system of society itself. With the aim, the author is expected to provide usefulness to the development of legal science, especially in criminal law. Based on this, the author formulates the problem of factors causing online gambling and legal liability for online gambling offenders. From this writing, the research method used is normative juridical and statutory approaches, the data source that the author uses in this research is secondary data sources. Secondary data is obtained by conducting library research to obtain a theoretical basis. Based on the results of the research, the factors causing online gambling are divided into two, namely internal factors including intention, nature, talent, and emotional power, and also external factors including economic factors, social factors and facilities and infrastructure. Legal liability for online gambling offenders in Indonesia has been clearly and explicitly regulated in Article 303 paragraph (3) of the Criminal Code and Article 27 paragraph (2) of the Law on Electronic Information and Transactions.
The Role of The Police as Law Enforcement Officers in Handling Cases of Criminal Acts of Domestic Violence (KDRT) Against Women as Victims Based on A Normative Juridical Basis Sella Romantika
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1078

Abstract

Domestic violence against women is a serious and dangerous form of human rights violation. The police as law enforcement officers play an important role in handling domestic violence cases, including protecting women victims and providing justice for them. This research examines a brief overview of the role of the police in handling domestic violence cases against women victims, as well as the challenges faced in carrying out their duties with reference to UU No. 23 of 2004. This includes the initial response to the victim's report, careful investigation, collection of evidence, and arrest of the perpetrator. The police as one of the units of the police apparatus responsible for law enforcement has a duty to implement upright laws such as conducting investigations and providing protection for victims of violence in domestic violence. The police are at the forefront in handling domestic violence cases, namely by enforcing the law as stipulated in Article 13 of Law No. 23 of 2002 concerning the police of the Republic of Indonesia. The research conducted is normative juridical research, namely by examining legislation, literature in accordance with the problems studied.

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