Theory Of Law Enforcement Research Articles

Judges' Considerations in Granting Permission to Underage Marriage Applications at the Luwuk Religious Court

This study discusses judges’ considerations in granting requests for underage marriages permission at the Luwuk Religious Court. This study used a qualitative method. The data was collected through direct observation, in-depth interviews, and written document analysis. The data, then, was analyzed using thematic analysis to find themes from the data. The results of this study show that the procedure for submitting a marriage dispensation at the religious court is the same as the mechanism for filing other application cases. Increasing the minimum age for marriage for women to 19 years impacted the increase cases of underage marriage dispensation applications at the Religious Courts. The filing of a underage marriage dispensation case in the Religious Courts was caused by preventive and curative factors. The basis used by the judge in deciding the application for underage marriage dispensation is based on the theory of law enforcement. Then there must be considerations encouraging the judge to grant the application for underage marriage dispensations. The factors considered by judges in determining the dispensation of marriage were also related to psychological, health, educational, and economic factors. These four factors were taken into serious consideration by the judge in determining the dispensation of marriage. Based on the results, we recommend the religious courts should be more selective in examining, considering, and determining applications for underage marriage dispensation to prevent social conflicts and the impact of these decisions to society.

APPOINTMENT OF MARRIAGE GUARDIANS IN MUALLAF MARRIAGES IN KARO REGENCY (COMPARATIVE ANALYSIS OF THE VIEWS OF KUA KABANJAHE AND KUA BERASTAGI)

Marriage is a method developed by Allah as a strategy to preserve the life of the people of the prophet Muhammad, one of the main pillars of marriage is a bride's guardian. This research is analyzed with the legal research method of empiricism, it’s empirical analysis of the ijtihad method of the Chief of Religious Affairs of Kabanjahe District and Berastagi District, Karo Regency, addressing the case of the appointment of a guardian in the marriage of a female Muslim convert , with a sociological and anthropological approach and Gustav Radbruch's theory of law enforcement, namely legal certainty, justice and expediency. The method of the Head of Religious Affairs of Kabanjahe Subdistrict in determining the marriage guardian of a muallaf is First; paying attention to the religion of the father of the bride, if he is Muslim then he has the right to become a guardian regardless of his previous religious background, Second; if he is not Muslim, then a search for his descendants who are Muslim because the head of the Kabanjahe sub-district religious affairs prioritizes the guardian of the lineage. Third; if a search has been made from the side of relatives and there are none, then the judge's guardian acts as a guardian in the marriage, However, according to the Head of the Kabanjahe Religious Affairs Office, the third point rarely occurs in Kabanjahe, because the Kabanjahe community is majority Karo, identical with Rakut Si Telu culture, which is very moderate in religion. As for the Berastagi religious affairs office, the determination of the marriage guardian is carried out by paying attention to three stages of analysis, namely; First; by paying attention to the context, namely the muallaf whether he is a muallaf from parents who have long been muallaf' or only he is a new muallaf and his parents are still non-Muslim. Secondly, by taking into account the marriage system of the parents, whether the marriage of the parents was carried out in a Christian marriage, Islam or just a customary marriage, then if it was not previously Islamic, then, Thirdly, the legal and entitled guardian of the judge.

Peretasan Database UIN Sultan Maulana Hasanudin Banten Berdasarkan Undang Undang Informasi dan Transaksi Elektronik

The advancement of technology in digital era is growing fastly, However hacking criminal act is growing happened. Hacking case observed by researcher is Maulana Hasanudin Banten Moslem State University database, researcher on this research use framework of thinking as follows: Law enforcement theory and sentencing law theory. In compiling the identification on this research, First, how law enforcement on hacking Maulana Hasanudin Banten Moslem State University database perpetrator based on Law of Information, Transaction, and Electronics ? Second, how law sentencing on hacking Maulana Hasanudin Banten Moslem State University database perpetrator based on Law of Information, Transaction, and Electronics ? This research use juridical normative methods and empirical normative methods. First observation result in enforcement law on perpetrator database is any difficulty to determine criminal law act location and to search lost data caused by hacking act. Second, sentencing on hacking database perpetrator, sentencing on hacking perpetrator is very enthereal and not include minimum sanction in Information, Transaction and Electronics law. So therefore it is necessary must increase law enforcer ability in this case law enforcement on hacking criminal act and must include minimum sanction in law, so that to notice justice people aspect.

Methodology of tax consultation in the aspect of activity theory of law-enforcement

Tax reforms contributed to the recognition and consolidation of the institute of the tax consultations. This created the need to research new relationships between controlling tax authorities and taxpayers, as well as solving problems of legal regulation of their status at the level of industry legislation. The law-making methodology of tax consultations is of considerable interest, in particular through the prism of activity theory in law-enforcement. The application of the activity approach to the problems of modern tax law is inextricably linked with the trend of anthropologizing tax legal science and practice. Therefore, tax consultations act as informational and guarantee tools, through which conditions are created for the taxpayer to properly and consistently exercise his rights and obligations, even in such a rather difficult period of our state's existence.
 It has been proven that cooperation (partnership) in the tax field requires taxpayers to bring to the attention of the tax authorities all the circumstances of their economic activity that are important for taxation. Instead, taxpayers have the opportunity to receive from the tax authorities detailed and proper explanations on the issues of calculating and paying taxes, as well as fair (adequate) taxation and guarantees against prosecution for alleged miscalculations or mistakes made by the tax authorities.
 Individual tax consultation is an explanation of the controlling state authority; provided to the taxpayer regarding the practical use of certain norms of tax and other legislation (the control over compliance with which is entrusted to the controlling state authority); registered in the unified register of individual tax consultations. A general tax consultation is a publication of the position of the central executive state authority regarding the practical use of certain norms of tax and other legislation. This position was formed based on the generalization of individual tax consultations, which are provided by controlling state authorities to taxpayers, and/or in the event of discovering circumstances that indicate the ambiguity of certain norms of such legislation.
 The author defined the guiding principles that underlie the methodological law-making of tax consultation: the principle of demand for tax consultation, the principle of formally defined subject orientation of tax consultation, the principle of priority of generalizing tax consultation, the principle of guaranteeing the interests of the taxpayer, the principle of presumption of legality of the taxpayer's decisions. The results of the use of tax consultation depend on the chosen methodological principles of its formation – necessity, reliability of interpretation of the provisions of the legislation, level of comprehensiveness, degree of persuasiveness, and truthfulness for the addressee – the taxpayer.

Ratifikasi United Nations Convention Against Illicit Traffic in Narcotic and Psychotropic Substances 1988 Terhadap Pemberantasan Peredaran Gelap Narkotika di Indonesia

Narcotics are substances or drugs that are natural, synthetic, or semi-synthetic which cause a decrease in consciousness, hallucinations, and excitability, and can cause dependence if misused. The problem is: How is the implementation of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 towards eradicating illicit narcotics trafficking in Indonesia? The author uses transformation theory, legal certainty theory, and law enforcement theory in this thesis. The research specification in this thesis is descriptive analytical. The method used in this study is an empirical juridical method which is supported by a normative juridical method. The empirical juridical method is a research method carried out by researching directly into the field, while the normative juridical method is a research conducted by examining secondary materials. The data collection technique used is through interviews, which are supported by literature studies. The result of this study is: Indonesia has implemented the United Nations Convention Against Illicit Traffic In Narcotic Drugs and Psychotropic Substances, 1988 by ratifying the convention with Law Number 7 of 1997 as implementing legislation, as well as forming a law on narcotics, namely Law No. 22 of 1997 which was repealed by Law No. 35 of 2009.

The Policy of the Prosecutor's Authority in Termination of Prosecutions based on Restorative Justice in Criminal Justice System In Indonesia

This study aims to determine the policy of the prosecutor's authority in terminating prosecution based on restorative justice in the criminal justice system, namely based on the principle of opportunity, namely the Prosecutor's Office is the only State Institution controlling cases or has the authority to continue or not file cases to the Court based on the provisions of the Act. This authority is implied in the form of the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The approach method used is normative juridical. Specifications are descriptive analytical. The type of data is secondary data, divided into legal materials derived from law and legal science. The method of data collection through literature study and interviews with the data analysis method is qualitative analysis. The Prosecutor's Law is included in attribution, namely the granting of government authority by lawmakers to government organs. In Islamic criminal theory, the authority to stop prosecution based on restorative justice is included as special prevention and according to the history of Islamic development, it is included in the rehabilitation of the criminal. In the research conducted by the researcher, it was found that there were obstacles in stopping prosecution based on restorative justice at the Banggai District Prosecutor's Office, namely based on the decree of the Banggai District Attorney Number B-748/P.2.11/Eoh.2/11/2021, namely the distance traveled by the parties involved. The case with the Banggai District Prosecutor's Office is quite far away, with the condition of the road infrastructure being unfavorable. The crime committed is domestic violence which makes it difficult for peaceful efforts to be carried out, so that the time allotted is very limited. If drawn from the theory of law enforcement, these obstacles are included in the legal culture and legal substance.

Requiem for a dream

Aim: A look back at the successful history of scientific research in the field of home affairs prior to the establishment of law enforcement science, namely the theoretical and applied research carried out at the Law Enforcement Research Institute, established in 1991 at the Ministry of the Interior.Methodology: Review of the research carried out at the Institute during the existence of the Law Enforcement Research Institute, as well as the presentation to what extent the results of these research contributed to the later acceptance and accreditation of law enforcement science.Findings: The activities of the Law Enforcement Research Institute of the Ministry of the Interior, and later of the Police College’s Institute for Leadership Training and Research between 1991 and 1998, are worth remembering as an important legacy of the research institute’s past. It can be stated that without the research carried out at the Law Enforcement Research Institute at that time, the academic recognition of law enforcement science could not have taken place, which laid the foundation for the establishment of the Doctoral School of Law Enforcement.Value: We consider it a value that scientific research and leadership training took place in the above-mentioned research institute for several years, as a result of which the latest domestic and international results of law enforcement theory were always present in the training, and researchers could learn about the state of practice in leadership courses, they could check the reception of their work in the law enforcement services and also learn from the criticisms. Several aspirations that were first articulated during the regime change have become a reality. For example, the elevation of higher law enforcement education to university level, the establishment of master’s degrees, the strengthening of the acceptance of law enforcement science, the increasing exploration of sources of law enforcement history, and the appearance of all these results in the operation of the Hungarian Law Enforcement Society.

About János Sallai’s book entitled The Establishment and Accreditation of Law Enforcement Science in Hungary, with special emphasis on the chapters dealing with impact of professional journals on the develo

Aim: The aim of the review of János Sallai’s publication entitled The Establishment and Accreditation of Law Enforcement Science in Hungary is to present in a short and concise form the domestic acceptance and accreditation of law enforcement science written from a historian’s perspective, for the readers of Belügyi Szemle.Methodology: The authors of this review have sought to use both qualitative and quantitative content analysis in preparing this review. The review’s authors use the same intertextuality approach to present the content of the book as it is found in the structure of the book. This is because the chapters and subchapters of the book itself are not independent, completely separate items, but are organically connected, intertwined in a chain.Conclusion: The author has fully succeeded in realizing his original intention. The publication presents almost entirely the historically long process, its individual stages, as a result of which law enforcement science has become an accepted, independent discipline in Hungary, and its acceptance in both academia and higher education has been achieved.Value: The scientific findings and information revealed by the author of the book and summarized in this publication can make a significant contribution to the further development of Hungarian law enforcement science, to its treatment as an independent science, and to the fact that in the future, journals dealing with law enforcement theory can play a major role in the further development of law enforcement science and its wider recognition.

Reconstruction of Diversion Regulations in a Juvenile-Crime System Based on Justice Value

The purpose of this research is to analyze and examine: 1) the regulation of diversion requirements in the current juvenile criminal justice system is not based on the value of justice; 2) weaknesses in the regulation of diversion requirements in the juvenile criminal justice system which is currently not based on the value of justice; 3) reconstruction of diversion requirements regulations in the juvenile criminal justice system based on the value of justice. This research is a qualitative research, with a sociological juridical approach, descriptive analysis, using primary data and secondary data, using the Grand Theory: Lawrence M. Friedman's Legal System Theory and Pancasila Justice Theory; Middle Theory: Law Enforcement Theory Soerjono Soekanto; and Applied Theory: Progressive Legal Theory Satjipto Rahardjo. The research findings are: (1) The regulation of diversion requirements in the juvenile criminal justice system is not currently based on the value of justice because the regulation of diversion requirements in children's cases is contrary to the values of Pancasila justice, and in the perspective of legal norms, the diversion requirement with restrictions is punishable by imprisonment under 7 (seven) years is discriminatory compared to the case of adults who can mediate or peacefully are limited by criminal threats, (2) The weakness of the regulation on diversion requirements is not based on the value of justice, because the regulation on diversion requirements is regulated in Article 7 of Law Number 11 of the Year 2012 concerning the Juvenile Criminal Justice System is discriminatory between child cases and adult cases. (3) Reconstruction of the regulation on diversion requirements in Article 7 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System based on the value of justice, especially paragraph (2) whose initial phrase reads Diversion as referred to in paragraph (1) is carried out in the case of a crime committed: threatened with imprisonment under 7 (seven) years; and is not a repetition of a crime. Reconstructed into Diversion as referred to in paragraph (1) is carried out in the event that the crime committed is not a repetition of a crime.

Penegakan Hukum terhadap Pelaku Tindak Pidana Human Trafficking Berdasarkan Putusan (Nomor:3107/Pid.Sus/2018/PN Mdn)

The writing is to know law enforcement of the criminal trafficking of human trafficking based on ruling number 3107/ pid. SUS /2018/ pn MDN. The research method used in this writing was normative-that is, legal research that is conceptualized as written in legislation. The source of the legal material used was secondary data. The data-gathering technique used library studies and then qualitative data are analyzed. The study has a conclusion that the high crime rate of human trafficking shows yet the government's efforts to implement the protection of human trafficking victims are serious. Law enforcement is deemed to be lacking sterility to have a lasting effect on perpetrators. The crime of trafficking people is organized crime and all the perpetrators have different roles. Law enforcement in the 2007 statute number 21 was strengthened by the release of the amendment number 69 in 2008. The law policy against human trafficking according to rule number 3107/ pid. SUS /2018/ pn MDN used the penal approach that has been applied to the penal penal system in the theory of law enforcement and the coping of crime of the application of criminal law.

The Effect of Public Health Insurance on Criminal Recidivism

AbstractMental health and substance use disorders are highly prevalent among incarcerated individuals. Many prisoners reenter the community without receiving any specialized treatment and return to prison with existing behavioral health problems. We consider a Beckerian law enforcement theory to identify different channels through which access to healthcare may impact ex‐offenders’ propensities to recidivate, and empirically estimate the effect of access to public health insurance on criminal recidivism. By exploiting variation in state Medicaid expansion decisions, we find that increased access to healthcare through Medicaid coverage reduces recidivism among offenders convicted of violent and public order crimes. The decomposition of recidivism rates shows that this reduction is driven by marginal recidivists who, but for Medicaid expansions, would be reconvicted for the type of crime for which they were previously convicted. Analyses of potential mechanisms show an increase in criminal justice referrals to addiction treatment, which may reduce impulsive behavior. Back‐of‐the‐envelope calculations also indicate that there are substantial cost reductions from providing Medicaid coverage to former inmates.

International Law Enforcement Observer IV.

The column flashes excellent and also internationally interesting research results from several fields of law enforcement management and law enforcement practice at this time. Here you can get acquainted through several historical surveys and by use of statistics the course of contract killings in the Russian Federation between 2003 and 2019. Two further recensions focus on the coherences of law enforcement and public policy during the COVID-19 pandemic. On one hand you can get known the practice in the United States, characteristic for the role of the police in management of the pandemic, and on the other hand you can get a picture of the effects of coronavirus pandemic on environment protection and public health. A recurring topic is the corruption meeting the police organisations, through Turkish examples at this time. You can read in a new aspect about the „hybrid” practice of public and private security. An exciting topic is the review of debate questions between law enforcement science and practice. Here is a key question whether the scientific researches on the fields of security and law enforcement theory can be realised within the frames of an independent discipline and if they can consort with other scientific branches, too. A special area of crime prevention is architecture, where an important aspect is the increase of urban security in the environment of housing estates. To realise that, a cooperation among urban planners, criminologists and police experts is needed.

Money Politics Pada Pemilu 2019

The one of legal functions performed by the Election Law is the function of controlling behavior in the context of social and political life . To carry out this function , the Election Law formulates imperative norms so that political behavior complies with election law . The imperative norm is in the form of rules that prohibit money politics during the campaign , the quiet period and when the ballot takes place . Then, if there is a violation of the rule of law , the culprit will face legal proceedings to obtain criminals sanctions in the form of prisons and fines. Identification of the problem in this research is: why the imperative norms of the Election Law are not effective in preventing the practice of money politics, and what factors influence the weak power of the electoral law imperatives so that massive money politics practices occur? That problem is discussed and analyzed in this article. The author uses normative jurisdiction research, besides that the writer also uses the imperative theory of Edward A. Ross, Achmad Ali’s legal function theory and Jimly Asshiddiqie’s law enforcement theory. From this study the authors found that when the 2019 Concurrent Elections took place, the imperative norm was not effective in controlling political behavior expected by the Election Law. The practice of massive money politics took place so that the process of democracy and the 2019 Simultaneous Elections occurred.

Pelaksanaan Eksekusi Benda Bergerak Yang Tidak Dibebani Jaminan Fidusia Di Perkoperasian

Guarantee execution is one of the ways when the debtor is negligent in carrying out his obligations which are carried out in accordance with applicable legal procedures. Furthermore, two basic problems are formulated to be studied, namely: 1). How is the execution of movable objects that are not burdened with Fiduciary Guarantees? And 2). What legal efforts can be made by the creditor if the execution of movable objects that are not burdened? this section also describes the purpose and benefits of writing and the originality of research as the work of the real writer. This study uses an empirical juridical approach, data obtained through library research and direct research in the field. Based on the results of the study, it can be concluded that. Judging from the law enforcement theory, the execution of collateral objects with fiduciary guarantees at the Cooperative, namely when the debtor is declared default, the cooperative will seize the object of collateral, takeover or disbursement of collateral objects under the hand, and auction the guarantee object based on the Selling Power. And the creditor's legal efforts according to the theory of legal protection cannot be implemented, namely the cooperative as the creditor will take a non-litigation path such as negotiation and mediation. And if the non-litigation path does not produce results, the cooperative will take a litigation route, namely to file a lawsuit to the court on the basis of a default made by the debtor.

Analisis Hukum Mengenai Tindak Pidana Anak Yang Terlibat Geng Motor Sebagai Upaya Penegakan Hukum

This article or article aims to examine and analyze the legal rules governing children involved in motorcycle gangs, as well as the factors causing criminal acts against children involved in motorcycle gangs, as well as legal policies carried out by the police against children involved in motorcycle gangs. The problem is focused on how the legal rules regulate children who are involved in motorcycle gangs. In order to approach this problem, the reference theory of law enforcement, theory of legal certainty and theory of policy is used. The research method in this paper is a normative legal research method. The data were collected through primary, secondary and tertiary data sources, then analyzed using qualitative analysis methods. This study concludes that the legal rules regarding children involved in motorcycle gangs are contained in: the 1945 Constitution of the Republic of Indonesia, Law Number 1 of 1946 concerning the Criminal Code, Law Number 1 of 1974 concerning Marriage, Law Number 4 1979 concerning Child Welfare, Law Number 3 of 1997 concerning Juvenile Court, Law Number 23 of 2002 concerning Child Protection, Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Factors that cause crime against children involved in motorcycle gangs are as follows: (1) family factors, (2) social environment factors, (3) education factors. The legal policies carried out by the police against children involved in motorcycle gangs are as follows: (1) Penal policies are applied to children involved in motorcycle gangs as well as non-penal policies.

Penegakan Hukum Terhadap Pemberantasan Terorisme Pada Obyek Vital (Studi Pada Kepolisian Daerah Sumatera Utara)

This study aims to show that the legal rules regarding the eradication of terrorism are regulated in Law No. 5 of 2018 concerning Amendments to Law No. 15 of 2003 concerning the Stipulation of Perpu No. 1 of 2002 concerning the Eradication of Criminal Acts of Terrorism. Law enforcement against the eradication of terrorism in Vital Objects in the North Sumatra Regional Police refers to the theory of law enforcement according to Soerjono Soekanto that law enforcement has 3 elements, namely: first, legal certainty (rechtssicherheit), second; Benefits (zweckmassigkeit), and third, Justice (gerechtigkeit). The research method used is a normative juridical research with analytical descriptive research characteristics. This study uses materials obtained from the results of library research, from library research secondary data is collected which includes primary legal materials, secondary legal materials and tertiary legal materials. Data analysis in this study is qualitative. The results showed that the opportunity for the police to take preventive action, namely to prohibit and process the law of all public actions that could be categorized as leading to radicalism or terrorism refers to law enforcement theory.

PENERAPAN SANKSI BAGI SANTRI BERMASALAH DI PONDOK PESANTREN NURUL JADID PERSPEKTIF TEORI PENEGAKAN HUKUM LAWRENCE M. FRIEDMAN

This study discusses the problems of applying bald sanctions for students who have problems in PP. Nurul Jadid. The purpose of this study was to determine the root cause of the application of bald sanctions against problematic students. Due to the fact, the sanction is not a deterrent reason for santri not to violate the rules of the pesantren. As an analytical tool for the problematic application of the bald sanction is the law enforcement theory of Lawrence M. Friedman. Therefore, the formulation of the problems that arise from this research are; 1) what are the sanctions given to students who have problems in PP. Nurul Jadid? 2) What is the basis for applying sanctions for students who have problems in PP. Nurul Jadid? 3) how are the problems of applying sanctions for students who have problems in PP. Nurul Jadid Paiton Probolinggo? While the purpose of this study is to find out the sanctions given to students who have problems in PP. Nurul Jadid, to find out the basis for applying sanctions for students who have problems in PP. Nurul Jadid den to find out the problems of applying sanctions for students who have problems in PP. Nurul Jadid Paiton Probolinggo.
 Keywords: Sanctions, Problematic Students, and Law Enforcement Theory

Executorial Power on Certificate of Liability Based on Credit Agreement

The Mortgage Certificate has executorial power in the credit agreement at Bank Mandiri of Semarang City and to identify and examine obstacles in the execution and solutions. This theoretical framework is using the theory of Progressive Theory, Theory of Law Enforcement, Theory of Islamic Justice. The research method was used to obtain data in this study, using an empirical juridical approach, with descriptive analysis research specifications. The results of this study are: (1) The executive power possessed by the Mortgage Certificate is the same as the court's decision which has permanent legal force, this is because the Mortgage Certificate has included an title which reads " For Justice Based On The Almighty God" (2) Obstacles and solutions found in the execution process of mortgage rights at Bank Mandiri of Semarang City include resistance from the executed parties through civil lawsuits, through reporting to the police, through debt acknowledgment deeds, and time mobilization to defend the object of the auction /object of mortgage. (3) The position of the Debtor and Creditor in the Execution of SHT in the credit agreement at the Semarang City of Bank Mandiri, in the Civil Code Article 1320 requires 4 conditions in the agreement.

Executorial Power on Certificate of Liability Based on Credit Agreement

The Mortgage Certificate has executorial power in the credit agreement at Bank Mandiri of Semarang City and to identify and examine obstacles in the execution and solutions. This theoretical framework is using the theory of Progressive Theory, Theory of Law Enforcement, Theory of Islamic Justice. The research method was used to obtain data in this study, using an empirical juridical approach, with descriptive analysis research specifications. The results of this study are: (1) The executive power possessed by the Mortgage Certificate is the same as the court's decision which has permanent legal force, this is because the Mortgage Certificate has included an title which reads For Justice Based On The Almighty God (2) Obstacles and solutions found in the execution process of mortgage rights at Bank Mandiri of Semarang City include resistance from the executed parties through civil lawsuits, through reporting to the police, through debt acknowledgment deeds, and time mobilization to defend the object of the auction /object of mortgage. (3) The position of the Debtor and Creditor in the Execution of SHT in the credit agreement at the Semarang City of Bank Mandiri, in the Civil Code Article 1320 requires 4 conditions in the agreement.

Legal Protection Of Victims In The Crime Of Rapes

The purpose of this study is to identify and analyze the legal protection of victims in the crime of rape, and to identify and analyze the obstacles and solutions to the legal protection of victims in the crime of rape. This study uses a normative juridical approach, which in this case relates to the legal protection of victims in the crime of rape with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using law enforcement theory, legal certainty and Islamic justice theory. The results of the study concluded that the protection of victims of the crime of rape in addition to experiencing physical suffering also experienced psychological suffering which took a long time to recover. Considering that the suffering experienced by the victims of the crime of rape is not light and it takes a long time to recover, the law enforcement officers are obliged to provide protection for the victims of the crime of rape. The obstacles that arise in the legal protection of the rights of victims in the process of resolving criminal cases: a) The criminals themselves, where the perpetrators of the crime are very good at committing crimes so that they are not caught or not caught; b) The attitude of the community, where the attitude of the community is indifferent in dealing with crimes that occur in their environment, so that people are less sensitive in dealing with crimes that occur; c) The compensation given by the perpetrator to the victim is not in accordance with what the victim expects because of the economic limitations of the perpetrator of the crime; d) For immaterial losses in criminal cases it cannot be done. The solution to the legal protection of victims in the crime of rape is the rehabilitation of victims of the crime of rape.