Crime Abuse Research Articles

Juridical Review of Advocates In Providing Free Legal Aid to Perpetrators of Narcotics Abuse Crimes

The authority of advocates in providing legal assistance to perpetrators of narcotics abuse crimes, as stipulated in Article 55 paragraph (1) of the Advocate Law, gives status to advocates as law enforcers who have an equal position with other law enforcers in upholding law and justice. Legal aid provided by advocates for free is a right owned by a person who has the status of a defendant to the perpetrator of narcotics crimes. The obstacles and solutions faced by advocates in providing legal aid to perpetrators of narcotics abuse crimes, namely the lack of legal knowledge and awareness in the community itself about the Legal Aid Process that they only know from the information of the public in general is one of the obstacles in the process of providing Legal Aid

Impact of Un-ethical Decision Making in Managing Teacher Disciplinary Matters in Public Secondary Schools in Malawi

Public administration inclusive the education sector, is catalyst for national development, it hinges citizen’s intellectual and professional development. Malawi vision 2063, for self and reliant nation incorporates New public management that calls for competent public administrators to influence delivery of quality service to Malawians. The study examines the impact of Heads unethical decisions in managing teacher disciplinary matters in public secondary schools in Malawi a case of Mzuzu City. Research implores mixed methods exploratory sequential under pragmatics paradigm. Quantitative survey uses quota sampling of estimated 9 respondents from each school within the 22 public secondary schools in Mzuzu City. Sample size of participants came to approximately 200 participants out of 514 total secondary school teachers’ population. Within each school, random sampling was utilized to identify 9 to 10 teachers. Qualitative used purposive sampling to identify one respondent from each of twenty-two secondary schools. Quantitative used semi-structured questionnaire while qualitative used interview guide to collect data. Qualitative data was transcribed and coded, codes were grouped into sub-themes and sub-themes were grouped into themes which answered research questions aided by Nvivo application. Quantitative data was analyzed using descriptive statistics which ended up producing tables and graphs through SPSS 20. Through bounded rationality theoretical framework, findings reveal that respondents agreed to have knowledge of disciplinary procedures. Implying that teachers expect total compliance from responsible authorities to handle teacher disciplinary matters professionally. However, Heads gave oral warnings, written warnings, suspensions and interdictions. Heads deliberately flouted the procedures. Heads unethical decisions affected teaching and learning industry; where teachers stopped teaching for a long period of time, half pay reduced victim’s economic dignity, students suffered because they had no other teachers to teach them, some teachers left the school for better place, demoralized staff, litigations and government compensated victims of arbitrary decisions, victim teachers were sociologically affected because no other teachers wanted to associate with suspended/interdicted teacher, violation of Constitutional rights and school poor performances. The impact is negative thwarting the aspirations of Malawi Vision 2063 through derailing of quality human resources, compromised future generation and continuous breeding of mediocrity. Public service administrators deliberately bring disorder in the system for personal interests. They are committing crimes of abuse of office and neglect of official duties. Citizens be enlightened to call for accountability and transparency to those acting with mediocrity of negligence, corruption and compromised character. There must be personal liability to compensate for mediocrity.

Legal Criticism of The Conceptualization of The Legal Good Protected Against the Crime of Animal Abuse in Peru

Animal abuse is understood as non-accidental and socially unacceptable human behavior that causes pain, suffering or distress and/or death to an animal. This article aims to determine the conceptualization of the legal good protected against the crime of animal abuse when they are improperly exploited or treated with extreme cruelty; in the face of the impact on biodiversity and the ecosystem, typified in the Peruvian criminal system within property crimes, which leads to the interest of the owner being protected and not the life of the animal, producing legal-criminal conflicts in the sense that a difficulty is created to punish the crime. The method used is a topic review, exploratory in scope, with a thematic analysis design. From the results it has been corroborated that the annual number of animal abuse in the world amounts to 115 million, only to use them for cosmetic and scientific purposes; Japan, the United Kingdom, China, Canada and the United States are the countries that together carry out this practice in a percentage greater than 55% of the 115 million. It is concluded that Peruvian Law No. 30407 classifies animal abuse as a crime, in article 206-A of the Penal Code, producing doctrinal discussions referring to the protected legal good, causing insufficient guarantees to protect the animal life that society and society Actually, it demands it.

NATIONAL AND INTERNATIONAL COOPERATION IN INVESTIGATING CRIMES OF CHILD SEXUAL ABUSE OR SEXUAL EXPLOITATION COMMITTED BY USING INFORMATION TECHNOLOGIES

This article explores the relevance of national and international cooperation in investigating crimes of child sexual abuse and exploitation using information technology. It will look at the cooperation between prosecutors and forensic experts, which is essential to carry out accurate forensic examinations of the devices involved, thus facilitating the identification and proof of offences. It also discusses the involvement of specialised NGOs, which contribute significantly to the detection of crime and provide additional resources and expertise in the investigation process. The role of psychologists and psycho-educators in interacting with child victims to ensure a sensitive and appropriate approach, safeguarding their welfare and ensuring respect for the best interests of the child will be addressed. In terms of international cooperation, the article examines international legal assistance, in particular, the formation of joint investigation teams, essential for coordinating cross-border efforts in the context of globalised crime, and collaboration with organisations such as Interpol and NCMEC. Thus, the article stresses that these forms of cooperation create an integrated and comprehensive framework for tackling the crimes under consideration, ensuring the protection of victims and bringing offenders to justice.

The Crime Of Elder Abuse According To Criminal Law Law

The aim of this research is to analyze the factors causing abuse by biological children against their parents and the judge's considerations regarding the decision in case Decision Number 421/PidSus/2020/PN.Tgn. This research method uses a normative juridical research approach by reviewing statutory regulations, law books and Islamic law books related to the research focus. The research results show that the factors behind the abuse of biological mothers are economic, family, social environment and social jealousy. Based on the considerations of the judge at the Tangerang District Court with Decision Case Number 421/PidSus/2020/PN.Tgn. Regarding criminal cases, we have referred to legislation no. 23 of 2004 concerning the Elimination of Domestic Violence. However, in terms of justice, the punishment given was not fair for the victim who had been treated badly by his own biological child.

Implementation of Pre-Trial Legal Efforts Taken by Suspects of Crimes of Sexual Abuse Against Minors

Implementation of Pre-Trial Legal Efforts Taken by Suspects of Crimes of Sexual Abuse Against Minors

Resolution of Case Of Abuse Against Child Offenders (Comparatory Study Between Bali Customary Law And National Law)

In Indonesia, there is one crime that occurs in the environment of children, known as the crime of abuse or often known as bullying. Bullying cases not only require national law but also customary law. In principle, the settlement of cases in customary criminal law with national law, especially in the handling of crimes committed by children, is the same as in national law in resolving cases using restorative justice whose resolution involves the perpetrator, victim, family of the perpetrator/victim and other parties. Related parties to jointly seek a just solution. In customary criminal law, a similar approach is taken by Adat leaders involving perpetrators, victims, families of perpetrators/victims and other related parties to seek Settlement based on Awig-awig, agreed upon and also using the norms prevailing in Adat people. In the process, it is carried out before the case in question is brought to court, while the settlement through restorative justice is carried out with trial proceedings. The sanction in customary crimes will be imposed if the person concerned repeats the same mistake. In this study, the autors uses normative legal research, which focuses on positive legal norms, the Child Criminal Justice System and Costumary law in Bali, especially Klungkung and Tabanan areas.

Law Enforcement against Children as Perpetrators of the Crime of Sexual Abuse in the Study of Human Rights

Law enforcement against children as perpetrators of sexual abuse is a complex problem, especially in the study of human rights. This paper aims to discuss the efforts to balance between law enforcement and human rights protection for children as perpetrators of sexual abuse. The research in this paper uses descriptive analytical research specifications with a normative juridical approach method The results of the paper show that law enforcement on this issue is dominated by imprisonment sanctions for children and the protection of human rights is only limited while the child is undergoing the judicial process and criminal period. Meanwhile, the protection of children's rights after serving the criminal period has not been regulated in the law so that it needs to be reviewed through the reform of the Law on Juvenile Justice System. A balance between law enforcement and human rights protection with a progressive legal approach oriented towards the best interests of children needs to be carried out in order to create a fair juvenile justice system for children as perpetrators and victims.

Restorative Justice Against Child Abuse

The crime of child molestation is interesting to study, especially regarding legal arrangements and countermeasures, when associated with efforts to apply the concept or restorative justice system (restorative justice system), which is a system developed in the concept of criminal law to resolve certain cases in the corridors of the criminal justice system (criminal justice system), both at the level of Investigation, investigation, prosecution and examination of court hearings.Based on this, the authors are interested in conducting research, namely to find out how the practice of examining cases of sexual abuse of minors in an effort to apply Restorative justice and also find out what factors hinder the practice of resolving cases of sexual abuse of minors through Restorative Justice. In this study, the type of research used is normative juridical research and empirical juridical research. Normative juridical research is research that comes from library data or secondary data, (primary legal materials and secondary legal materials), especially the provisions of legislation that have synchronization with the title and formulation of the problem. This study is expected as input in the framework of the development of criminal justice system policy (criminal justice system) in relation to aspects of legal protection against the crime of sexual abuse of minors as well as the process of resolving cases of sexual abuse.

The Role of Advocates in Providing Legal Assistance in Drug Abuse Criminal Cases

The purpose of this study is to analyze: 1) How the role of advocates in carrying out legal assistance to clients in criminal cases; 2) What are the obstacles for Advocates in providing legal assistance to perpetrators of drug abuse crimes? The research method used is the normative legal research method or literature law research. The results showed that: The enactment of Law Number 18 of 2003 concerning Advocates has provided a strong and solid foundation in the implementation of the duty of advocate service in community life. This law regulates more comprehensively various important provisions that surround the advocate profession. Various principles are also regulated in the implementation of the duties of the advocate profession, especially in its role in upholding justice and the realization of the principles of the rule of law in general. From the results of the study, it can be concluded that the terms and procedures for obtaining legal aid are regulated in Article 14 of Law No. 16 of 2011 concerning legal aid. The role of the Advocate as law enforcement, namely as a supervisor of law enforcement, as a guardian of Judicial Power and as a social worker

Underage Murder Case Against Robbers in the Perspective of Criminal Law and Islamic Criminal Law

This research explores legal issues related to perpetrators of child abuse with a focus on the analysis of the decision of the Kepanjen District Court (Number: 1/Pid.Sus-Anak/2020/PN.KPn). The crime of abuse, which involves an attack on another individual with the aim of torturing or oppressing, has serious implications in criminal law and Islamic criminal law. The research uses a statutory and case approach, exploring normative and doctrinal aspects of Indonesian and Islamic law that are relevant to the case. The main data is obtained from primary legal materials such as the 1945 Constitution, Criminal Code, Law Number 11 of 2012, Law Number 35 of 2014 concerning Child Protection, as well as Islamic legal sources such as the Qur'an and Hadith and also secondary legal materials such as books, articles, journals, and other scientific works. By using deductive analysis, this research aims to provide an overview and solution to legal problems that occur, especially regarding legal protection for minors who commit persecution as a form of defense that causes the death of begal both according to criminal law and Islamic law. This study found that children who commit persecution against begal until they die, both criminal law and Islamic law both agree that minors can only be sentenced as a last resort and must still pay attention to the best interests of the child. In juvenile law, research considers psychological factors, the need for compassion, and rehabilitation efforts to achieve balanced justice. This research contributes to the understanding of criminal law and Islamic criminal law related to cases of sexual abuse, especially those involving underage offenders.

Challenges in investigating self-generated online child sexual abuse material

Aim: The overall aim of this paper is to offer a greater understanding of the context of children’s online sexual behaviour through exploring what are some of the main challenges the police encounter when investigating digital content of a sexual nature produced by young people, such as photographs, videos and chat messages.Methodology: The research is primarily reviewing and analysing academic literature, policy papers, legal sources and statistical data. The main areas examined include the increasing prevalence of self-generated child sexual abuse material (CSAM), how contemporary peer-to-peer relations amongst children impact the self-production of sexual material, and how creating sexual content online for commercial reasons and the development of digital technologies add to the complexity and ambiguities of investigations.Findings: Findings in this paper highlight that law enforcement alone will not be able to manage all the challenges that online child sexual abuse crimes imply on society and children in particular. They will need clear guidelines to differentiate between children’s harmful and healthy online sexual behaviour and upto- date knowledge on how to avoid the unnecessary victimisation of children.Value: This paper promotes a more nuanced understanding of the complex phenomenon of children self-generating explicit content, which is often embedded within wider societal issues of peer-to-peer relations, financial deprivation and technological advancement. As a result, we will be able to better protect young people, distinguishing between adolescents’ healthy and harmful online

Restorative Justice Approach To Victimless Crime

Restorative Justice Approach To Victimless Crime

Considerations about pedophilia and child sexual abuse speeches: concepts and differentiations

The article discusses the confusion prevalent on social media between pedophilia as a mental disorder and the crime of child sexual abuse. The lack of distinction between individuals with pedophilic disorder and aggressors without such a disorder is highlighted. The study uses Twitter as a source of analysis, collecting popular tweets between December 2019 and July 2020. The methodology combines literature review, exploring medical and legal concepts, and analysis of speeches on Twitter. The results highlight the mistaken association between pedophilia and crime, with opinions emphasizing the condemnation of the "pedophile" without considering clinical nuances. The term "pedophilia" is approached as a medical and legal diagnosis, differentiating it from crimes of child sexual abuse. The study concludes that the lack of in-depth debate on the topic contributes to automatic revulsion, hampering effective preventive proposals and highlights the need to consider treatments in addition to social remoteness to reduce risks of recurrence. The work highlights the importance of deepening the discussion on the conceptualization of pedophilia, considering its clinical and legal implications.

아동에 대한 정서적 학대행위의 형사처벌에 관한 소고

Recently, teachers' disciplinary behavior at the school site has been recognized as emotional abuse, and criminal justice cases have occurred repeatedly, raising the question of how to distinguish between discipline and abuse. This is because, in the case of emotional abuse, even if it is conducted for the purpose of discipline with the fundamental ambiguity and abstraction of the term, the teacher's words or actions toward the child can be regarded as emotional abuse because they affect the child emotionally in some form. This confusion is being raised because the law does not clearly define the concept of child abuse and does not even describe examples of detailed types of abuse. Moreover, this phenomenon is intensified by 「Act on Special Cases Concerning the Punishment of Child Abuse Crimes」 enacted on January 28, 2014, which considers prohibited acts under 「Child Welfare Act」 as child abuse crimes. In particular, in the case of emotional abuse, unlike in the case of physical and sexual abuse, the limitations of neglect are not clear due to its own ambiguity and abstraction, and this phenomenon is more prominent.
 Accordingly, this paper first examined precedents, academic attitudes, and major foreign legislation on the standards of criminal punishment for emotional abuse as a type of child abuse crime. And based on this, a concrete plan for reorganization of criminal punishment regulations on emotional abuse was proposed to reasonably cope with emotional abuse. Also, in relation to the protection of teaching rights, the requirements for exemption from the discipline and guidance of guardians such as parents and teachers, which have recently been controversial, were presented.

PEMBINAAN TERHADAP NARAPIDANA RESIDIVIS TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA

The definition of coaching according to Law Number 22 of 2022 concerning Corrections is an activity carried out to improve the quality of personality and independence of prisoners and assisted children which aims to improve the quality of personality and independence of inmates so that they realize mistakes, improve themselves and not repeat criminal acts, so that can be accepted again by the community, can live normally as a good, law-abiding, responsible citizen, and can play an active role in development; and provide protection to the community from repetition of criminal acts. However, in reality, in the Class IIB Tapaktuan Detention Center, there are still many repeat crimes of narcotics abuse. This paper examines the implementation of training for recidivist prisoners for the crime of narcotics abuse in the class IIb detention center in Tapaktuan and the effectiveness of training for prisoners recidivist for the crime of narcotics abuse in the class IIb detention center in Tapaktuan. Based on the discussion above, it can be concluded that the implementation of guidance for criminal recidivists is in accordance with applicable laws and regulations, but the implementation has not been effective due to the limited skills possessed by officers, the lack of facilities in the Tapaktuan Class IIB Detention Center and the lack of The awareness of the perpetrators is that there are still very few prisoners who are conscious and willing to learn.

Law Enforcement in Handling Narcotics Abuse Cases Based on Justice Values

Introduction: The development of narcotics abuse crimes currently tends to increase, both in quality and quantity, so it can be predicted that crimes of distribution and abuse of narcotics in the future will continue to increase along with the development of society. Objective: This research aims to: Understand, analyze and discover the essence of law enforcement in handling narcotics abuse cases based on the value of justice in the South Sulawesi Regional Police. Method: The research method uses sociological empirical legal research and normative legal research. Result: The results of the research show that the essence of law enforcement against perpetrators of narcotics abuse at the South Sulawesi Regional Police has been implemented by the criminal provisions in Articles 59 to Article 111 of Law Number 35 of 2009 concerning Narcotics. Law enforcers, in this case, the police, prosecutors, judges and advocates, really determine whether the law is implemented or not as it should be. Conclusion: Law enforcement against perpetrators of narcotics abuse at the South Sulawesi Regional Police has been carried out by the criminal provisions in Article 59 to Article 111 of Law Number 35 of 2009 concerning Narcotics.

Abuse of Women and Children in Armed Conflict and Domestically: More Effective Safeguarding Systems Urgently Needed to Prevent these Crimes and Ensure Protection

Emergency medicine health workers have major roles in managing the clinical effects of armed conflict and domestic abuse on women and children. To safeguard vulnerable people from such criminal abuse, there is an urgent need for international and domestic action. International and national legal systems need to work more rapidly and efficiently with immediate power to protect against, and prevent, such abuse. Internationally, the current weakness of the United Nations Security Council to provide civilian protection, such as through UN troops on the ground and no-fly zones over conflict areas, and thereby minimise the effects of armed conflict on civilians, can, and has, largely resulted from self-serving, dangerous vetoes of the 5 permanent members with major conflicts of interest, in part related to their role in the manufacturing and global distribution of weapons. The International Court of Justice and the International Criminal Court have little immediate power to protect civilians affected by war crimes, including abuse, which breach the Geneva and other International Conventions. To date, the number of war criminals convicted by the International Criminal Court is incredibly small, and the long delay in the Courts’ decisions mean that the consequences of the war crimes sometimes continue for years. We describe new systems to better protect women and children from abuse in the home. We propose a new definition that separates ill treatment from criminal abuse that is undertaken for gain by perpetrators (who are often carers or intimate partners with antisocial personality disorders). Ill treatment undertaken within families experiencing adversity such as homelessness, poverty, displacement, and addiction requires compassion and socio-economic support. In contrast the crimes of abuse committed for gain require stronger forensic approaches investigated and addressed by special, inter-agency, forensic taskforce units led by senior experienced detectives in partnership with social, healthcare, and legal professionals. We also discuss additional issues linked to abuse, such as the links between animal/pet abuse and human abuse, the need for better systems to prevent and protect children living in institutions, better regulation of social media to protect children from scenes of violence and sexual abuse, and gun control needed to protect children, especially in the USA.

Juridical Analysis of Narcotics Abusers from a Restorative Justice Perspective (Research Study at the Directorate of Drug Investigation at the Riau Islands Regional Police)

Sanctions against drug users in the form of punishment with imprisonment which causes the inability of prisons to accommodate drug users, so that law enforcement makes policies by applying the concept of restorative justice to drug abuse crimes without submitting to the Court as a policy. This study aims to determine the application of the concept of restorative justice carried out by police investigators to drug abuse crimes. This study uses a descriptive method with a normative approach (legal research) to obtain secondary data and an empirical approach (sociological juridical) to obtain primary data through field research at the Ditresobat Polda Kepri. The results showed that the legal regulation of the application of the concept of restorative justice to narcotics abusers carried out by the National Police of the Republic of Indonesia has been regulated in the National Police Regulation of the Republic of Indonesia Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice and SEMA Number 4 of 2010 concerning Placement. Abuse of Abuse Victims and Drug Addicts into Medical Rehabilitation and Social Rehabilitation Institutions. In the application of restorative justice, it is sufficient to be applied in the law enforcement process of drug abusers.The act of carrying out rehabilitation at the investigation level by solving cases of drug abusers is very good and worthy of being regulated in the Narcotics Law, For this reason, it is expected that the government and the DPR will make changes to Law Number 35 of 2009 concerning Narcotics.

Patterns of Child Grooming and Sexual Harassment in Online Games

The purpose of this study is to discuss patterns of child sexual abuse that occur in the online games Minecraft and Hago. The crime of child sexual abuse with the "Online Child Grooming" mode in online games is regarded as an effective method for child predators to lure potential victims. Grooming is a process in which a perpetrator approaches a person or organization gradually through communication relationships with the intent of sexually harassing them. Victims are typically children, adolescents, or adults who are at risk of becoming harassed. This study employs activity routine theory, which assesses the absence of capable guardian factors, motivated actors, and the presence of suitable targets, all of which, if they occur at the same time and place, make child grooming possible. The research was conducted descriptively and qualitatively.