Legal Protection Of Children Research Articles

Inheritance rights of children from sirri marriages: An analysis based on fiqh and positive law in Indonesia

Sirri marriage or marriage under the hand is a marriage that is kept secret and not registered and not recorded based on applicable regulations. The validity of marriage under sirri according to fiqh and positive law conflicts with opinion. This article reviews these provisions based on the views of the scholars of the madhab (fiqh) and the provisions of positive law based on Law Number 1 of 1974 concerning marriage and its derivative regulations, as well as the Compilation of Islamic Law. According to fiqh law, marriage is still valid as long as it fulfils the pillars and conditions of marriage according to Islamic law. Meanwhile, according to positive law, the sirri marriage is not recognized. It will have adverse effects on children born, namely not getting legal protection for children’s rights, including the right to inheritance from their biological father and mother. However, when viewed through the lens of fiqh law, children who are born are considered to still get their rights from their father and mother, including being able to inherit property from both parents.

Restorative Justice As An Alternative To Resolving Criminal Cases Committed By Children In Conflict With The Law

Child protection in the criminal justice system for children, in conflict with the law in accordance with Law Number 11 of 2012 concerning the Criminal Justice System for children Crimes committed by children, is legal protection for children at the investigation, prosecution, and trial stages. The Restorative Justice approach prioritizes improving the relationship between the victim and the perpetrator of the crime. Law No. 11 of 2012 Article 9 paragraphs (1) and (2) regulate the pursuit of diversion in paragraph (1), investigators, prosecutors, and judges must consider; the category of a criminal offence, the age of the child, the results of community research from tapas; and the support of the family environment and society. Paragraph (2) Diversion agreements must obtain the consent of the victim and/or the victim's family and the willingness of the child and his/her family, except for criminal offences in the form of violations, minor criminal offences, victimless criminal offences or the value of the victim's loss is not more than the value of the minimum wage of the local provision. The forms of Diversion agreements, among others, Peace with or without compensation; handover back to parents/guardians participation in education or training in educational institutions or LPKS for a maximum of 3 (three) months; or community service.

LEGAL PROTECTION OF CHILDREN IN CONTACT WITH THE LAW BASED ON THE PRINCIPLE OF BEST INTEREST FOR THE CHILD

Legal protection for children who are in conflict with the law in Indonesian legislation is the result of the Ratification of the United Nations (UN) Convention on the Rights of the Child in 1989, which in one of the principles in the convention is the principle of the best interests of the child. Ratification is carried out by incorporating and making the basis for the formation of laws involving children. The principle of best interest for children is the main reference. This study used the Juridical-Normative Research Method with a Descriptive Analysis Approach, with the aim of analyzing Legislation Related to Children in Conflict with the Law and then to look at the essence and objectives of the Principle of Best Interests for Children. So that this research results in that Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) is the Main Law being studied, in that Law provides Legal Protection for children who are dealing with the Law with Three Classifications, children as perpetrators prioritizing restorative justice and diversion, children as victims receive special medical treatment, and children as witnesses are facilitated by electronic recording media to reduce trauma. This is given as an effort to protect the law against children who are in conflict with the law according to the status of children in criminal acts, in addition to obtaining rights that are general in nature, children who are positioned as perpetrators, victims and witnesses still get special rights. under legal protection.Keywords: Legal Protection, Children Against the Law, The Best Interests of Children.

Legal Protection of Children from The Results of Sirri's Marriage in The Perspective of Marriage Law in Ineonesia

Normatively, in Indonesia the registration of a marriage is mandatory. Although the existence of the marriage law umbrella, namely Law No. 1 of 1974 concerning Marriage (which has later been amended by Law No. 16 of 2019) has been relatively long, in reality there are still many who violate it. One of them is that there is still a phenomenon of unrecorded marriage (sirri marriage) in the community. This of course has an impact on legal certainty for children from the results of the sirri marriage. Therefore, this study discusses the juridical tijnauan regarding the position of children in marriage serially based on Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law.

Perlindungan Hukum Kepada Anak Yang Melakukan Tindak Pidana

This study is entitled "Legal Protection of Children as Criminal Actors. Nowadays there are often criminal acts committed by children. The problem in this study is the legal protection for children as perpetrators of crime in accordance with the juvenile criminal justice system in Indonesia and its implementation in the Merauke region. The research method used is a juridical-empirical legal research method with a fact and legislation approach. The existing law is used as a guideline about what people should and should not do and see the phenomena that occur in the field. The forms of protection provided to children in conflict with the law are based on Law no. 11 of 2012 concerning the Child Criminal Justice System, which provides protection to children in the stages of arrest and detention, investigation, prosecution, trial and coaching, and through the application of diversion. The conclusion of this study is that children as perpetrators of torture must be treated humanely, accompanied, provided with special facilities and infrastructure as well as sanctions given to children in accordance with the principle of the child's best interests.

Child Trafficking Offence: Case Study of Surabaya District Court Decision No. 685/PID.SUS/2022/PN SBY

The emergence of various forms of manipulation and exploitation has resulted in rampant trafficking in persons, in which children are also trafficked. Basically, children as the next generation of the nation have a role in ensuring the continuity of the nation. Therefore, children need to get ample opportunities to grow and develop. This study was conducted with the aim of describing how legal protection of children as victims of trafficking in persons. The research method used in this study is normative legal research which is studied using a statutory approach (statute approach). The results of this study show that children are very vulnerable to becoming victims of child trafficking for the purpose of exploitation. The law relating to child trafficking has been in force and has binding legal force, but its enforcement has not been sufficient to provide a deterrent effect for perpetrators. In this case, children as victims should get legal protection which includes protection of their dignity, dignity, and fulfillment of their rights. However, in the criminal justice system, victims are often given less attention, in reality Indonesian law only focuses on punishing perpetrators and overrides the rights and protection of victims.
 
 Keywords: Child Trafficking.Exploitation. Legal Protection

Legal Views in Indonesia on Children with Problems with the Law

Children are God's creations that need to be protected by anyone because of their limitations. One of the protections provided is legal protection for children who get a form of violence. Violence that children receive will have a negative impact on the child's future. This paper aims to find out the need to provide legal protection for children as victims of violence and legal protection for children as victims of violence according to statutory regulations. To find out this, normative research was carried out by studying and researching laws and regulations related to child protection. The need for normative legal research in order to know the legal protection for children as victims of violence. The problems formulated in this research are, firstly, why children who are victims of violence need to be given legal protection, and secondly, how is legal protection for children who are victims of violence according to statutory regulations. Legal protection for children is given so that children's rights are protected as stated in the laws and regulations governing child protection, namely not getting forms of violence as stated in Articles 76A to 76J Law Number 35 of 2014 and legal protection given for the justice of the child. Therefore, the state provides legal protection for all children which has been regulated to be implemented in Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims and Law Number 35 of 2014 concerning child protection and the Law - Law Number 1 of 2023 concerning the Criminal Code, in order to prevent violence against children.

Balinese Local Wisdom's Perspective on Legal Protection for Children as Victims and Perpetrators of Sexual Abuse

Introduction to The Problem: The low quality of child protection based on the perspective of Positive Law in Indonesia has drawn much criticism from various elements of society who seem to prioritize the interests of victims compared to perpetrators of rape. Because without optimal protection, children will only become victims of a society that tends to be patriarchal. Therefore, the concept of restorative justice based on local wisdom is one of the solutions in legal protection for victims and children who commit sexual harassment towards minors who prioritize recovery. Purpose/Objective Study: This study aims to understand, explain, and analyze the existence of legal protection for victims and children who sexually abuse minors from the perspective of Balinese local wisdom. Design/Methodology/Approach: This article is the result of legal research, with statutory approaches, conceptual approaches, and case approaches. The types of legal materials used in this research are primary legal materials, secondary legal materials, and tertiary legal materials. Findings: Legal protection for children based on local wisdom is a form of settlement that can be used against children as victims and children as perpetrators referring to the provisions of Article 1 number 6 of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. The protection in question is the existence of traditional village institutions in Bali as an effort to protect children. Paper Type: Research Article

Perlindungan Hukum Anak dalam Kandungan Hasil Zina Perspektif Hukum Positif dan Hukum Islam

This research deals with special problems in children resulting from adultery. This is shown in article 100 of the Compilation of Islamic Law (KHI) whose family relationship is only with the mother and the mother's family. The four schools of thought agree that children from adultery do not receive a lineage from their father. The formulation of the research problems are, 1) What is the role of state institutions in guaranteeing and protecting the rights of children born from adultery? 2) How is the legal protection of children's rights in the womb resulting from adultery from a positive legal perspective? 3) How is the legal protection of children's rights in the womb resulting from adultery from the perspective of Islamic law? This research is normative legal research research on secondary data from primary, secondary, and tertiary legal materials through literature review based on the Al-Quran and hadith, books, laws and regulations and other related matters. The result of this research is that the state's efforts to guarantee protection have been carried out through laws that are general in nature. However, there are no specific rules to guarantee legal protection for children in the womb of adultery. MK Decision No. 46/PUU-VII/2010 is a bright spot in legal protection for children resulting from adultery, namely having the same rights and treatment as children in general by means of proof and recognition of child status by their biological father. Meanwhile, the perspective of Islamic law also issued MUI Fatwa NO. 11 of 2012 concerning Children resulting from adultery and their treatment that children resulting from adultery do not have a family relationship with their father, and are only related to their mother and family. However, the biological father is obliged to provide the fulfillment of the child's rights with responsibility for adultery children who have existed since the womb.

Legal Protection of Children as Persons of Criminal Abuse in the Investigation Process at Polres Aceh Tenggara

Children as perpetrators of crimes will also experience a legal process that is identical to adults who commit crimes, the meaning of the word identical here means "almost the same", which differs only in the length and way of handling it. Facing and handling the juvenile justice process involved in a crime, the first thing that should not be forgotten is to look at his position as a child with all of his special characteristics and characteristics, thus the orientation is based on the concept of protection of children in the process of handling them so that things this will be based on the concept of child welfare and the interests of the child. Handling children in the legal process requires an approach, service, treatment. The Southeast Aceh Resort Police as the leading institution in law enforcement has a sizable responsibility to harmonize the duties and authorities of the Police, especially in Southeast Aceh District as stipulated in Law Number 2 of 2002 concerning the Indonesian National Police, in dealing with children in conflict By law, the police always have to pay attention to the condition of children who are different from adults. The nature of children as individuals who are still unstable, the future of children as national assets, and the position of children in society who still need protection can be used as a basis for finding an alternative solution how to prevent children from a formal criminal justice system, placing children in prison, and stigmatization of position of the child as a convict. The investigation process is an initial stage where a child is confronted with the police. Irregularities that usually often occur in the process of investigating child crimes in the form of abuse, beatings and other bad treatment certainly experience obstacles so that efforts are needed to achieve the goal of protecting children who are in conflict with the law, especially perpetrator of the crime of torture.

The Application of Diversion to Perpetrators of Criminal Acts Committed by Minors Based on Article 1 Number 7 of Law Number 11 of 2012 Concerning the Juvenile Criminal Justice System

The role of law enforcers is at the forefront of the legal world in Indonesia at this time the number of cases and resolutions of legal problems that are applied by prioritizing a sense of justice not only prioritizing legal certainty, legal protection for children can be done as an effort to protect the law against various freedoms and human rights of children. This protection of children also includes interests related to child welfare. The protection of children in conflict with the law is a shared responsibility of law enforcement officials. One form of restorative justice is dialogue between Indonesian people, better known as musyawarah for consensus. So that diversion, especially through restorative justice, becomes a reference for very important considerations in solving legal cases concerning children as perpetrators of crimes.

Sudan’s Experience in the Legal Protection of Children from Exploitation and Recruitment

Sudan’s Experience in the Legal Protection of Children from Exploitation and Recruitment

Impact of Supervision on Burnout Syndrome in Workers of social and legal Protection of Children and social Guardianship

Objective: The aim of this research is to compare the level of burnout in workers of social and legal protection of children and social guardianship with regard to their perception of supervision effectiveness. Design: Comparative and quantitative research. Participants: The sample consisted of 317 workers of the social and legal protection of children and social guardianship departments. Methods: The level of burnout syndrome was determined and subsequent comparison was carried out using the MBI questionnaire by Christina Maslach & Susan E. Jackson. Results: The results of the research confirmed that workers of the social and legal protection of children and social guardianship who consider supervision to be effective show a lower level of depersonalization than workers of the social and legal protection of children and social guardianship who consider supervision to be ineffective. It has also been confirmed that workers of the social and legal protection of children and social guardianship who consider supervision to be effective report higher levels of personal satisfaction than workers of the social and legal protection of children and social guardianship who consider supervision to be ineffective. Conclusion: The results of the research point to the importance of effective supervision, which has a significant impact on the level of burnout syndrome among workers of the social and legal protection of children and social guardianship

Legal Protection of Children as Victims of Commercial Sexual Exploitation

Commercial Sexual Exploitation of Children is a crime committed against children which is currently happening a lot and is reported in print and electronic media, besides that this crime often occurs within the domestic sphere between villages and cities and even across national borders. Children are the nation's next generation and development successors who should be prepared as subjects for implementing sustainable development and controlling the future of a country. So to find out and examine more deeply about the legal protection of children as victims of sexual exploitation, researchers wish to conduct research on how is the legal protection for child victims of sexual exploitation? This research is a legal research using statutory approach (statute approach) and concept approach (conceptual approach). The results of this study are that the protection of children as victims of commercial sexual exploitation is carried out on the legal basis of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection according to the principle of lex specialis derogat legi generali. The protection of children as victims of commercial sexual exploitation is carried out in three stages of legal protection, namely the legal protection stage before the criminal justice process, during the criminal justice process, and after the criminal justice process. accompanied by a Legal Counselor from the Social Service for Women and Children. Legal protection for children as victims of commercial sexual exploitation is carried out by referring to the accusator principle, namely by means of persuasion, not by means of violence and prioritizing the rights of the examinee.

Legal Protection of Children as Victims of Commercial Sexual Exploitation

Legal Protection of Children as Victims of Commercial Sexual Exploitation

Perlindungan Hukum Terhadap Anak Korban Perundungan di Lingkungan Sekolah

Introduction: Bullying can happen anytime and anywhere, both in the real world such as at school, at home, in restaurants, or in cyberspace, and can also happen to anyone, including school students.Purposes of Devotion: This service activity aims to find out about bullying, the types and juridical consequences of bullying so as to form understanding and legal awareness for PKM participants. Method of Devotion: Carrying out legal counseling activities in Talaga Hamlet, Piru, West Seram, through panel discussions in which the speaker conveys the material then followed by a question and answer session between the presenter and the participants.Results of the Devotion: Children as the nation's successors must be protected in their growth and development, including from crime or bullying/bullying. Legal protection for children who are victims of the crime of bullying is contained in Article 76C of Law Number 35 of 2014 concerning Child Protection, which substantially accommodates the prohibition against committing violence against children, then legal protection for children who are victims of bullying is not enough only through only repressive efforts, but it is much more effective if there are preventive efforts carried out, one of which is through legal counseling activities that must be carried out on an ongoing basis to foster legal understanding and awareness, as well as the active role of the school, parents and the surrounding community is very important to apply in life.

Training of child welfare social workers: American, British, and Ukrainian approaches

The article considers the training of child social workers in the UK, the USA, and Ukraine. The study aim relates the structure, content, and forms of training. Theoretical, and comparative methods allowed to generalize the available data on the issue current state of professional training of social workers. The results of the study allow concluding that the common features of American, British, and Ukrainian system of social workers training for the work with children are: (i) the use of a variety of teaching forms, methods, and technologies; (ii) the curriculum orientation on the unity of theoretical and practical components; courses addressing direct work with children and families, social policy, social services for children and families with much attention to the aspects of adoption, foster care, juvenile justice, child abuse, child neglect, etc. The research outcomes testify that the principal difference between models of social workers training is the accent of curriculum in the UK and the USA on the issues of preventive care, social and legal protection of children, and in Ukraine − on the deviation’s correction, on the therapeutic assistance.

Legal protection of children as victims of associal crimin1wal at the binjai police (police report study lp/b/447/iv/2022/spkt)

Immoral acts against children are crimes that violate morals, morality and religion. The impact of this crime on children is to cause physical and psychological trauma to victims, especially children, so that it can affect the victim's self-development when he grows up. The problem in this research is how is the legal protection for child victims of immoral crimes based on Law Number 35 of 2014 concerning Child Protection. The type of research used in this study is a normative method. Data collection is done by literature study and field study. Data were analyzed qualitatively to obtain research conclusions. The results of the research and discussion show that legal protection for child victims of immoral crimes based on the legal protection of children in Law Number 35 of 2014 fulfills the legal interests of children as victims of criminal acts because it refers to comprehensive protection for child victims of immorality and fulfills children's rights in the enforcement process law and provide rehabilitation to children, either medically or psychologically. The form of legal protection for children as victims of immorality is carried out in an integrated and continuous manner starting from the level of the police, prosecutors and courts. Legal protection for child victims of immoral crimes based on the Child Protection Act shows that the enactment of this law provides comprehensive protection. For this reason, it is suggested that law enforcement officials are advised to be more intense in dealing with legal protection issues for children and should further increase socialization in order to disseminate knowledge and awareness to the community, especially people who are in remote, rural areas, with low educational and economic backgrounds. , about the importance of legal protection for children.

Legal Protection for Children as Victims of Domestic Violence

Domestic violence often occurs in human life. The forms of violence experienced by victims vary, both in the economic, social and educational fields.The formulation of the problem is how to protect children as victims of law (domestic violence). Victims who experience domestic violence are generally women and children. In this case, the government provides health facilities and efforts for children who have experienced violence in order to relieve the trauma experienced. This can be too contained in Law no. 23 of 2002 concerning Child Protection which has stipulated criminal sanctions, within the form of detainment or with. Which is for the good thing about the child. Legitimate security for children as casualties of residential viciousness is the assurance given, counting: providing legal help; privacy of the victim's personality; capture the culprit with preparatory prove; giving other help within the shape of wellbeing administrations; recovery endeavors. The reason of this investigate is to discover outlegal assurance for children as casualties (Household Savagery (KDRT) and lawful cures against children as victims of Domestic Violence (KDRT).This research uses descriptive analytical research method, the approach used is normative juridical. The approach method used in this research is the statutory approach.

Legal Protection of Child As Victims of Crime of Rape

Abstract: Along with the rapid flow of globalization and the negative impact of the development of information and communication technology is the occurrence of violence against children, especially related to sexual violence, which is increasing, where since the last year (2021) cases of violence against children have been reported reaching 11,952 cases, including 58,6 percent or 7,004 were cases of sexual violence. Based on this, the aim of this research is to identify and analyze forms of legal protection for children as victims of rape. This study uses a normative legal research type using approaches (1) statutory approach, (2) case approach, (3) conceptual approach, and also (4) analytic approach. (analitycal approach) with the data used, namely secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials, as well as qualitative analysis data using a descriptive, logical, and systematic approach so that they can answer problems or issues that exist and make withdrawals inductive to deductive conclusions. Based on the results of the research that legal protection for children as victims of the crime of rape in the Bandung District Court decision Number 989/Pid.Sus/ 2021/PN.Bdg and the Bandung High Court decision Number 86/Pid.Sus/2022/PT.Bdg on behalf of the defendant Herry Wirawan still has not provided protection to victims, especially in terms of providing compensation to victims in the form of compensation borne by the state and also fulfilling victims' rights in the form of recovery in the form of implementing both medical and social rehabilitation.