Enforcement Process Research Articles

Adapting Law Enforcement Strategies: Correlating Traditional Crimes with Emerging Cybercrimes in the Internet Era

With the development of the Internet era, various new forms of cybercrime have frequently appeared, the current study aimed to clarify the correlation between traditional crimes and new cybercrimes, and to make feasible suggestions for law enforcement agencies in adjusting their law enforcement programmers previous research has demonstrated the characteristics of new cybercrime and its various controversies in investigation, legislation and justice. The previous research has demonstrated the characteristics of the new cybercrime and its various controversies in investigation and legislation and justice. The enforcement process of law enforcement agencies is based on these previous controversial exploration programmers, and the governance of new types of cybercrime is much more difficult and controversial. Therefore, it is important to distil the commonalities between the governance model and judicial experience of traditional crime and apply them to new cybercrime.

The Existence of Supreme Court Regulation of the Republic of Indonesia No. 02 of 2012 concerning the Adjustment of the Limitation of Minor Offences and the Amount of Fines in the Criminal Code Towards the Law Enforcement Process

This research aims to analyze the position of Supreme Court Regulation No. 02 of 2012 in determining minor offenses in the criminal law enforcement process and to analyze the binding force of Supreme Court Regulation No. 02 of 2012 in law enforcement practice. The research method used is normative legal research with statutory and conceptual approaches. The research results show: 1) Supreme Court Regulation No. 2 of 2012 concerning the Adjustment of the Limitation of Minor Offences and the Amount of Fines in the Criminal Code is not included in the hierarchy of Laws and Regulations, but the Supreme Court Regulation is recognized as long as it is ordered by higher Laws and Regulations or formed based on authority, so the position of this Supreme Court Regulation is not equal or below the Law; 2) The Supreme Court Regulation is binding on the Police, Attorney General's Office, and Courts due to the signing of a Joint Memorandum of Agreement with the Minister of Law and Human Rights of the Republic of Indonesia, the Attorney General of the Republic of Indonesia and the National Police of the Republic of Indonesia.

Pandangan Mahasiswa Mahasiswi IAIN Terhadap Negara Hukum Dan Penegakan Hukum Di Indonesia

Since its independence, Indonesia has declared itself a state governed by law, as stated in the Preamble of the 1945 Constitution of the Republic of Indonesia. This noble ideal asserts that Indonesia is a state based on the rule of law, not merely power. However, the journey to realizing this ideal is fraught with challenges. Law enforcement in Indonesia faces serious issues such as weak rule of law, lack of accountability among law enforcers, low legal awareness among the public, and an inefficient judicial system. These problems lead to negative public perceptions of law enforcement in Indonesia. The public often sees law enforcement as unjust, with laws frequently "weak on the powerful and harsh on the powerless," where those in power often escape legal consequences while the underprivileged are easily punished. Additionally, the professionalism and integrity of law enforcement officials are often questioned, further tarnishing the image of law enforcement. This negative perception has severe implications for the stability and security of the nation, fostering public distrust that can lead to criminal and anarchic actions. addressing these issues requires continuous and comprehensive efforts involving all elements of the nation. The government needs to enhance transparency and accountability in law enforcement processes and enforce laws fairly and indiscriminately. The public also needs to actively supervise and criticize the performance of law enforcers. Surveys indicate that the majority of Indonesians have high hopes for the enforcement of laws in Indonesia, despite existing doubts and dissatisfaction with the slow and convoluted judicial process and the professionalism of law enforcers. The majority of respondents also acknowledge that corruption remains a serious issue requiring primary attention.

Masyarakat Sebagai Pilar Penegakan Hukum: Konstitusi Kritis Warga Negara

This article discusses the role of society as one of the important pillars in law enforcement, particularly in the context of the critical constitution of citizens. This type of research is qualitative research, namely literature study. Data collection is carried out through research literature published through google scholar. Various articles relevant to the focus of research are reviewed and analyzed various findings. In addition, analysis and synthesis are carried out through various relevant book sources. The process of data analysis is carried out qualitatively which consists of data reduction, data presentation, and conclusion drawing. The finding of this study is that people who have a good understanding and awareness of the law can play an active role in supervising and criticizing the implementation of the law by the government and law enforcement officials. Civil society participation is essential to prevent abuse of power and ensure compliance with the constitution. Legal education for the community needs to be improved so that citizens understand their rights and obligations and can participate in the law enforcement process. Community involvement in the legal policy-making process is also needed so that the laws made are in accordance with the needs and sense of justice of the community. Partnerships between governments, law enforcement officials, and civil society are essential to effective and equitable law enforcement

Reconstruction of Investigation Regulations in Absentia Criminal Corruption Cases in Indonesia Based on Justice Values

Regulations for eradicating Corruption Crimes in Indonesia have regulated the examination of cases without the presence of the defendant in Court, however examinations at the investigation stage are not regulated, thus having an impact on the effectiveness of eradicating criminal acts of corruption. The aim of this research is to analyze the regulations for investigating cases of corruption crimes that have not been fair and to explore the weaknesses in the rules for investigating in absentia cases of criminal acts of corruption in Indonesia which are based on the value of justice. The paradigm used in this research is the Constructivism Paradigm, a type of normative juridical research and the research approach used is a statutory approach, a case approach, using primary and secondary data. The research results were analyzed using qualitative descriptive methods. The results of research into in absentia investigations into cases of criminal acts of corruption can give rise to differences in interpretation among law enforcement officials ranging from Investigators, Public Prosecutors to Judges, each of whom has inherent authority in examining cases of criminal acts of corruption, especially in examining cases involving prospective witnesses. suspects, suspects and defendants are not present even though they have been legally summoned without giving a proper and reasonable reason, the legal vacuum regulating in absentia investigations of corruption cases can be used by perpetrators of corruption crimes to evade the law enforcement process by running away and can be used as an excuse not to continue the investigation and transfer the case from the investigator to the public prosecutor and can be used as a reason to refuse prosecution by the Public Prosecutor. To realize the eradication of criminal acts of corruption based on the value of justice, it is necessary to reconstruct the regulations for investigations in absentia in the Law on the Eradication of Corruption Crimes by regulating 1) the exclusion of examining witnesses before being named as suspects with conditions; 2) waiver of examination of the suspect with conditions; 3) procedures/mechanisms for examining cases without the presence of the suspect; 4) waiver of handover of responsibility for the case from the investigator to the public prosecutor without the presence of the suspect with conditions; and 5) restrictions on case examinations that can be carried out without the presence of the suspect.

Application of the Principle of Transparency in the Law Enforcement Process (Analysis of the Vina Cirebon Case)

Application of the Principle of Transparency in the Law Enforcement Process (Analysis of the Vina Cirebon Case)

Penegakan Disiplin Pegawai Negeri Sipil dan di Kantor Badan Kepegawaian dan Pengembangan Sumber Daya Manusia Daerah Kabupaten Lembata

The purpose of this study was to analyze the enforcement of civil servant discipline and in the office of the staffing agency and regional human resource development of Lembata Regency. The results showed that (a) The application of disciplinary sanctions against civil servants at the Office of the Civil Service Agency and Regional Human Resources Development of Lembata Regency is applied to civil servants who do not comply with Government Regulation Number 94 of 2021 concerning Civil Servant Discipline as stated in Government Regulations article 4 and article 5 and Regent Regulation Number 86 of 2022 in article 4 and article 5 concerning guidelines for implementing the enforcement of State Civil Apparatus discipline within the Lembata Regency Government; (b) External and internal obstacles occur in Lembata Regency which greatly affect the level of discipline of civil servants so that it is necessary to increase human resources and also SOPs in the process of enforcing discipline in Lembata Regency. The author's suggestions (a) there is a need for increased discipline. The author assesses the steps and procedures taken to enforce the discipline of civil servants as government officials in Lembata Regency based on data from the Lembata Regency Regional Personnel and Human Resources Development Agency in accordance with existing regulations starting from the stage of summoning coaching and imposing disciplinary sanctions, but in enforcement it often experiences obstacles that make the enforcement process often hampered (b) The factors that cause obstacles in the implementation of civil servant discipline in Lembata Regency are, still low awareness of employees to act and be disciplined in carrying out their duties.

Purpose of Implementing Progressive Law against Criminal Offenders in Order to Provide Legal Certainty and Legal Benefits

The implementation of Progressive Law Enforcement is motivated by the desire to avoid negative effects on the ineffectiveness of the criminal justice system in accommodating criminal cases so that the law enforcement process does not continue through the courts. This writing uses descriptive legal research, in which the author uses a normative juridical research type using the Library Research data collection method. This research aims to find out the philosophical basis of Progressive Law in providing legal certainty and legal benefits and the application of Progressive Law by the National Police in increasing the resolution of criminal cases. Based on the research and discussion results, a picture is obtained that law is the rules and guidelines that regulate life in society to create peace and order. Progressive legal ideas occupy a separate legal position. Various groups in handling legal cases, especially in the country, emphasize the preposition of Progressive Legal theory. Especially emphasizing the element of benefit in the form of human peace in society, nation, and state, the implementation of progressive law as an effort to improve the resolution of criminal cases requires that police investigators be able to carry out their duties and authority professionally, accountably and morally so that progressive law enforcement can be in line with legal objectives. It provides legal certainty, legal benefits, and a sense of justice.

Establishing Boundaries to Combat Tax Crimes in Indonesia

Enforcing criminal tax law in Indonesia presents a critical yet challenging task, because of the intricate interplay between tax and criminal law interests. The Indonesian Government has introduced leniency in tax criminal law enforcement, guided by the ultimum remedium principle, where criminal sanctions are considered as a last resort. Under this policy, tax offenders can absolve themselves from legal liability. However, such leniency throughout the enforcement process can lead to perceptions of injustice within society. This research uses descriptive, evaluative, and normative juridical methods to examine Indonesia’s approach to enforcing criminal tax laws within the framework of tax and legal interests. Our findings reveal that the current policies heavily favor taxpayer interests by providing numerous concessions to offenders. This trend is concerning, as it may result in a surge of tax crime cases. Conversely, adopting the primum remedium principle, where criminal sanctions are the initial response, poses the risk of harsh legal consequences. In light of these challenges, we propose a balanced approach incorporating elements of both ultimum and primum remedium principles to establish clear boundaries and provisions within criminal tax law enforcement policies. By doing so, we aim to accommodate tax interests while upholding legal interests.

Antitrust Law in the BRICS Countries: A Review and Critique

A growing trend shows that global economic power is shifting away from the United States and Europe and towards the BRICS nations. The BRICS nations are predicted to hold the dominant position in the world by 2050. The rapid development of these economies and their markets is also raising a serious concern for the national antitrust enforcement authorities of the BRICS countries in their respective jurisdictions. This study attempts to examine the effectiveness of antitrust law, with a special focus on new developing trends in each of the BRICS jurisdictions. In addition, the study examines the proposed changes and limitations of the Indian Competition (Amendment) Bill 2022. The study reveals that the national antitrust laws and their enforcement processes are not fully developed and in need of considerable changes. Furthermore, the study indicates that while the proposed Amendment Bill 2022 is a progressive step in the right direction, it fails to cover certain key areas of the digital era, requiring further modifications to anticipate future impacts of economic development. In conclusion, the author recommends some points for effective policymaking, along with their future implications.

Perlindungan Hukum Anak Korban Perkosaan Inses dalam Sistem Peradilan Pidana

This article discusses the legal issue of protecting the rights of children who are victims of incest rape after abortion in the law enforcement process. The crimes that occur should be resolved by the criminal justice system. In fact, child victims of incest rape have not received protection at every stage of the examination, from the investigation, prosecution to court decision. The importance of protecting child victims can be seen as a form of protection by the state in the form of administering justice. Apart from the completeness of statutory regulations regarding the protection of child victims, (the Witness and Victim Protection Agency), law enforcement officials, related government agencies and other relevant parties, the function of the judiciary plays an important role. This article aims first, to analyze the regulations regarding forms of protection for victims of incest rape in the criminal justice system. Second, it aims to analyze the enforcement of legal protection for child victims of incest rape in the judicial system. The method used in this article is a normative juridical research type using a statutory approach, conceptual approach and case approach. Analysis of legal materials, namely legal materials and literature that have been collected through systematic methods and then analyzed by inventorying, systematizing and interpreting all legal regulations and concepts according to the problems discussed. Substantially, from a regulatory perspective, a lot has been regulated regarding legal protection for child victims of incest, but in law enforcement it has not been able to provide protection, because the regulations for victim protection are still partially regulated. Studies of court decisions have not been able to accommodate the values of legal efficacy and the value of legal justice in providing legal protection to child victims of incest rape, especially in the criminal justice system. This study is important to carry out so that in the future there will be legal harmonization regarding legal protection for child victims of incest in the future.

Penegakan Hukum Pelanggaran Lalu Lintas Merokok Saat Berkendara Oleh Satuan Lalu Lintas Polresta Bukittinggi

The development of road transport infrastructure has an important role in supporting economic activities, but on the other hand it gives rise to various problems regarding traffic law violations, accidents, etc. To prevent this, law enforcement officers are needed who have the authority and responsibility for state security and order, namely the State Police of the Republic of Indonesia as stated in their main duties, namely Law Number 2 of 2022 concerning the State Police of the Republic of Indonesia. Motor vehicle accident cases that occur in Indonesia have attracted a lot of public attention. One of them is caused by the driver not focusing when driving the vehicle. An action that is often carried out by motorbike riders is smoking while driving. There are already regulations prohibiting smoking while driving, which are contained in the Regulation of the Minister of Transportation of the Republic of Indonesia Number 12 of 2019 Article 6C. The research will analyze the law enforcement process for smoking while driving traffic violations by the Bukittinggi Police Traffic Unit and its obstacles and efforts to overcome these obstacles. This research includes library research, the approach method is empirical juridical, in the real sense and examines the law in society and how the law relates to society. The data required is primary and secondary data, collected through interviews, documents and literature review. The results of the research show that the public does not yet have the awareness of smoking-free driving, while the law enforcement provided by the police is only limited to warnings, this makes drivers continue to commit traffic violations due to the lack of strict law enforcement provided. Even though the regulations exist, law enforcement is still weak, in terms of community habits and law enforcement officers.

FORENSIC LINGUISTICS: CONTRIBUTION OF LINGUISTICS IN LEGAL CONTEXT

This research describes the contribution of linguistics in forensic linguistics, especially in a legal context. This research is library research. The analysis shows that forensic linguistics applies language analysis and linguistic theories in linguistic events involved in the legal process, including products, interactions in the judicial process, and interactions between individuals that result in certain legal impacts. Forensic linguistic analysis involves linguistic fields, including phonetics, semantics, discourse and pragmatics, stylistics, morphological, syntactical, and sociological. The important role of forensic linguistics is supporting the law enforcement process, examining counterfeit documents, detecting plagiarism/lies, and analyzing sound recordings and conversations directly and indirectly. With the ‘power’ of the analysis tool of each branch, the results and conclusions obtained by linguistics forensic experts may indicate a high level of confidence. Many legal cases occur in society, including oral or written in social media such as cases of insults, defamation, threats, fraud, bullying, criticism, mockery, instigation, slander, insults, and defamation also other cases can be solved by using a forensic linguistic perspective. These cases may be quite challenging because everyone in this field is required to have comprehensive linguistic abilities with the support of elaborative capabilities of the use of spoken language or writing.

Expert Testimony in Law Enforcement of Corruption in the Procurement of Goods and Services in Handling Emergencies

The objective of this research is to examine the extent of regulations regarding the utilization of expert information in the investigation of corrupt criminal acts, as stipulated in Law Number 8 of 1981 on the Criminal Procedure Code. Additionally, it aims to analyze the use of expert information in the investigation of corrupt criminal acts related to the procurement of goods and services in emergency situations. The research employs normative legal research methods. The findings reveal the role of expert testimony in the criminal law enforcement process based on Law Number 8 of 1981 on the Criminal Procedure Code. Expert testimony can serve as evidence in a criminal case in two possible ways: as expert testimony itself or as documentary evidence. Expert testimony is presented in court under oath or affirmation according to the individual's religious beliefs. On the other hand, documentary evidence is provided during an examination by an investigator or public prosecutor, in the form of a report that takes into account the oath taken when assuming the position or job. Furthermore, the use of expert information in elucidating the investigation process of corrupt criminal acts in the procurement of goods and services during emergency situations holds non-binding power. Expert information serves as a tool to mitigate the potential for human negligence. By drawing upon the information provided by experts, a coherent narrative can be constructed to uncover the truth, with the expectation that the Mataram Police Criminal Investigation Unit can reach a judgment (ratio decidendi). From the expert statement from PBJ, the Mataram Police Criminal Investigation Unit obtained this expert statement which was able to explain the case currently being handled regarding a criminal act of corruption at the NTB Province Small and Medium Enterprise Cooperative Service, that there had been a conflict of interest of the parties involved, either directly or indirectly.

The place of judicial enforcement in the process of implementation of legal norms (on the example of the enforcement activity of administrative courts and courts whose competence includes consideration of cases on administrative offenses)

The article discusses the characteristics of judicial application of legal norms as a stage of implementation of these norms. It is noted that judicial enforcement neither in administrative proceedings nor in the process of court consideration of cases on administrative offenses cannot start the process of implementing legal norms. In the first case, the appeal to the administrative court occurs as an element of the protection of the rights of a certain subject, that is, the actions for the realization of the right due to it were already carried out by this subject and for some reason (most often - due to the reasons for their violation by subjects of authority) were not implemented and require the intervention of the judicial branch of government. In the second case (in administrative-delict proceedings), the participation of the court is also a continuation of certain relations that have already arisen (when prohibitions were violated) and require a state response. In both cases, judicial enforcement also does not complete the process of law enforcement, because further actions (voluntary or coercive) to implement court decisions are foreseen. Having studied scientific views on the staged implementation of legal norms, the author proposes a simplified model of it (regarding judicial enforcement in the order of administrative proceedings), in which judicial enforcement can appear as the second stage of the process of implementing legal norms (the first is unsuccessful (due to obstacles or any other reasons ) an attempt to implement in the forms of “execution”, “use” or “observance”, the second – appeal to the administrative court and the latter’s actions from judicial application). The author’s position is expressed regarding the mandatory or optional nature of judicial enforcement as a stage of legal enforcement. It is noted that the law enforcement activity of the administrative court cannot be recognized as a mandatory stage from the point of view of the initiative of its initiation, because the established right to judicial protection may not be realized by subjects of private law. On the other hand, if there is such an appeal to the court for protection, its consideration is mandatory. Judicial enforcement is mandatory in cases where it is necessary to protect the interests of the state and maintain law and order. In particular, in the case of the commission of an administrative offense, the consideration of which is assigned to the competence of the court, judicial enforcement is mandatory, if all the necessary conditions for its implementation are present. The provision on the lack of interest of law enforcers in the final results of their law enforcement in relation to judicial enforcement is discussed, taking into account the peculiarity of the law enforcer – the court, which, as a representative of the judicial branch of government, which is one of the branches of state power, has a certain indirect interest in the results of its law enforcement (interest from the position of global interest - ensuring the operation of justice).

Inconsistencies of CSR Regulations in the Law Limited Liability Company in Relation to Justice Values

The discussion in this journal is built on the inconsistencies in the regulations regarding CSR in Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies, namely: First, the implementation of CSR is mandatory for companies that carry out their business in the field and/or related to natural resources. Second, the CSR funding system is voluntary. The purpose of this research is to find answers to the implications arising from the main problems mentioned above, namely: First, what are the legal implications in relation to justice from the inconsistency of regulations regarding CSR? Second, what is the ideal concept of CSR regulation? The research method used in this research is: descriptive normative research with a legal approach, legal theory and doctrine, and legal comparison. Research Results and Discussion: First, the implications of inconsistencies in CSR regulations in the Limited Liability Company Law can have an impact on the law enforcement process not being optimal in terms of justice, benefit and legal certainty as well as giving rise to unclear norms in relation to the CSR funding system which results in injustice for the community as the beneficiary CSR. Second, a more ideal concept of CSR regulation is: according to John Rowls’ Theory of Justice, if CSR funding sources are calculated from a portion of the Company’s profits, and according to Aristotle’s theory of justice, then the CSR funding system should be calculated as a percentage of the Company’s profits based on the principle of proportional equality between retention rights for Companies and the rights of the community as recipients of CSR benefits.

PROTECTION AND JUSTICE CONCEPTS FOR MEMBERS OF INDONESIAN POLICE AS NARCOTICS ABUSERS IN LINE WITH STATE OF LAW

Background: Drug or narcotic abuse is not only perpetrated by ordinary people but is often experienced by police officers. The law enforcement process applied to the public is generally different from the victims of abuse among police officers. People are more often rehabilitated, but police officers tend to resign disrespectfully. The law used is the same as the Law Number 35, 2009 on Narcotic. The non-treatment of the principle of equality before the law attracts a comprehensive study. Objective: The study aims to study and analyze justice for the victims of drug abuse police. Theoretical framework: To further consolidate the position and the implementation of Polri's duties as an integral part of the reform, the Police has been unified in Act No. 2 of 2002 on the Police of the Republic of Indonesia which sets out the functions, purposes, roles, arrangements, positions, membership, and formation of the profession. Particularly related to the training of the profession is regulated in Articles 31 to 36 which state that the official of the National Police of the Republic of Indonesia in carrying out their duties and authority must have the ability of the professional through the training profession. The foreign regulation relating to the Disrespectful Cessation of Drug Abuse is inconsistent with the Narcotics Act because it does not treat the general public equally with the police. It is advised to the police chief that the police officers who have committed drug abuse be rehabilitated so that they can return to being good human beings and free from drug use. Method: This research uses a method of normative jurisprudence with the primary legal sources of the Narcotic Drugs Act and Police Regulation Number 7 of 2022. Secondary legal materials are obtained through books, journals, and research results.

Принципи правового регулювання інституту державної служби

The article analyzes the principles of legal regulation of the civil service institute. The ontological, axiological and praxeological value of the civil service institution, its actualization in the context of Ukraine's European integration efforts, has been proven. It is indicated that today this institution becomes not only an internal mechanism of legitimate, democratic control over the effective exercise of power, but also achieves the necessary functions of transformation of the entire state-power apparatus by improving the power system and bringing it closer to European management standards. The basic principles of legal regulation of the civil service are defined as key standards for the normalization of this institution's functioning of the power system, in particular: legality and legal obligation, which provides that the institution's functioning should be based on clear normative acts and relevant legal norms; transparency and justice, indicates that the process of making state-authority decisions should be open and transparent, include guaranteed opportunities to participate in the process, providing a guarantee for presenting one's position, as well as ensuring the right to defense and the possibility of appealing the decision; confidentiality and protection of personal data, which consists in the fact that all data related to public service must be protected from unauthorized access and use; taking into account the specifics of the activity, it is assumed that when implementing legal and organizational-management measures, one should take into account the specifics of work and foreign-political and internal factors of labor relations; the principle of responsibility of civil servants to society. By creating a complex set of basic principles, they form a matrix of legal regulation of the civil service institution, contribute to an effective and fair rule-making and law enforcement (law enforcement) process in the researched area. The principles guarantee the provision of high standards of behavior of employees and provide a reliable mechanism for monitoring compliance with legal and ethical norms, form an institutional and organizational mechanism for the efficiency and independence of the power system, and are factors in increasing public trust in the decisions of authorities and improving the quality of public administration.

The Law Enforcement of Guarantees Halal Products in Indonesia

Law No. 33 of 2014 concerning GUARANTEES Halal Products states that products that enter, circulate, and are traded in the territory of Indonesia must be halal certified, except for products with ingredients that are prohibited. Business actors who do not carry out their obligations in halal certification can be subject to administrative sanctions and criminal sanctions. Based on the provisions above, law enforcement for Halal Product Guarantee must at least look at the factors of legal certainty, enforcement officers, facilities, culture and society. The main problem in this research; First, how is the JPH law enforcement process considering that until now there are still many industrial products that have not carried out halal certification. Second, how are the procedures for applying criminal or administrative sanctions applied to products that violate the provisions of halal certification. This study aims to determine the law enforcement of halal product guarantees in Indonesia in terms of the aspects of legal certainty, justice and benefits for all economic actors in Indonesia. This study uses the method of literature review (library research), namely research based on the opinions of legal experts. The research results conclude that; first, in the process of enforcing the law on halal product guarantees, it refers to other provisions that have been presented by the government, such as PP No. 31 of 2019, PP no. 39 of 2021, Minister of Religion Regulation No. 26 of 2019, Law no. 21 of 2000, Law no. 8 of 1999. As of October 17, 2024, the imposition of sanctions on business actors who do not yet have halal certification has not been enforced, however, products that already have halal certification but commit serious violations by using illegal substances can be subject to criminal provisions since Law Number 33 of 2014 was declared effective (5 Years after stipulation). Second, criminal provisions for violations of halal-certified products can refer to Article 4a, Article 7, Article 8f, and Article 62 paragraph (1) of the Consumer Protection Law. Settlement of the criminal case also refers to the provisions of the criminal procedural law which are the territory of the general court

Diskursus Anak Penderita Gangguan Jiwa Sebagai Korban Tindak Pidana Kekerasan Seksual Dalam Periskop Penegakan Hukum

Cases of sexual violence against children, especially those with mental disorders, are a serious problem that requires attention in law enforcement and child protection in Indonesia. In this context, the lack of regulations that specifically regulate the protection of children with mental disorders creates obstacles in handling cases and protecting victims. The problem raised in this research is: how is the law enforced for criminal acts of sexual violence committed against children with mental disorders and what efforts are made by investigators in this case to fulfill the rights of victims. This research is directed towards empirical legal research and the approach used in this research uses a statutory approach and a case approach. This research was carried out at Gorontalo Police. The results of the research and discussion explain that the law enforcement process for criminal acts of sexual violence against children who also experience mental disorders involves a series of steps that take into account the special conditions of the victims. Namely, the fulfillment of the victim's rights as a child with mental disorders, including: during the investigation and inquiry process the victim continues to be accompanied by P2TP2A, Social Services, psychologists and psychologists. This proves that the child is being looked after so that there is no trauma after the incident. In Indonesia there are no regulations that explicitly regulate this matter so investigators still use Article 81 paragraph 1 in conjunction with Article 76 e or Article 82 paragraph 1 in conjunction with Article 76 e of Republic of Indonesia Law No. 17 of 2016 concerning the Determination of Government Regulations in Lieu of Republic of Indonesia Law No. 1 of 2016 Regarding the 2nd Amendment to Republic of Indonesia Law No. 23 of 2002 concerning Child Protection into Law in conjunction with Article 64 paragraph 1 to 1 of the Criminal Code. With the general stages of the law enforcement process, namely, Reporting, Investigation, Examination of Victims, Collection of Evidence, Determination of Suspects, fingerprinting process, and then it is handed over to the prosecutor's office for the court process.