Legal Protection For Victims Research Articles

Sexual Exploitation in Marriage Tourism: Justice and Legal Protection for Victims in Cianjur and Jember

This article aims to provide recommendations for establishing regional regulations related to tourist marriage, the imposition of strict sanctions, and efforts to protect victims. The urgency of this research is because, in several tourist areas, there has been a practice of contract marriage involving women and children with tourists for years. This research uses descriptive-qualitative data analysis with a case study approach. In contrast, data collection techniques are done through interviews and a literature review of online source data. Based on the results of the research, it was found that contract marriage cases in the Puncak Bogor area and the Jember area are one type of sexual trafficking with child victims involving marriage brokers, parents, and tourists. This marriage is motivated by economic factors to save themselves and their families from poverty. Victims are primarily virgin girls aged 14-18 years who are married off on a transactional basis in exchange for half of the promised dowry. In practice, marriages are conducted are not registered. The local government in Jember has passed a local regulation on protecting women and children, while in Cianjur a district head regulation on the prohibition of contract marriages was passed. Socialization from the Religious Affairs Office and local government is still done in tourist areas. However, some contract marriage practices can still be found because women do not feel they are victims of sexual trafficking. This research provides a basis for local government policy towards handling and minimizing the practice of contract marriage.

Perlindungan Hukum terhadap Korban Jalan Berlubang di Tol Palembang-Lampung

This study aims to analyze the legal protection provided to victims of accidents caused by potholes on the Palembang-Lampung toll road. The research method used is descriptive with a qualitative approach, involving analysis of legal documents, interviews, and field observations. The results show that the losses suffered by victims due to potholes on the road do not always receive adequate compensation in accordance with the losses suffered. Legal protection for victims is still limited and not optimal, especially in terms of fulfilling the rights of victims to compensation and rehabilitation. Improvements in the legal system and law enforcement are needed to ensure that victims of potholes receive legal protection in accordance with their rights. This is important to improve road safety and justice for accident victims

Enforcement of Law Against Corporations That Commit Environmental Crime and Transnational Crime

Objective: This research wants to explore the following. Analysis of Environmental Crime as a Transnational Crime Involving Corporations and Analysis of Law Enforcement Problems Regarding Company Responsibility as Perpetrators of Environmental Crime. Methodology: This research is a normative legal research based on empirical cases using a statutory approach. Techniques for obtaining through Normative law by researching legal material, primary, secondary legal material, and also tertiary legal material. In empirical legal research, data collection techniques exist 2 (two) techniques that can be used, either individually or together. An interview is a direct question-and-answer session between researchers and respondents or sources for getting information. Results: The results of this research show that the problems in law enforcement against corporations in environmental crimes can be grouped as follows: There is no legal provision that regulates the definition of corporations, or sanctions for corporations that commit environmental crimes; Law enforcement is still offender oriented without any legal protection for victims; Weak evidence and lack of expert witnesses. Document study is a method of collecting data use and study documentation or documents in the form of archives, notes, and tables, places used as research. Conclusion: Environmental crime is a transnational crime because most environmental crimes often involve corporations. Legal regulations for environmental crimes against corporations are still very difficult to implement and encounter various problems. The problem of law enforcement against corporations can be grouped with legal provisions governing corporations, for corporations that commit environmental crimes, due to weak evidence and a lack of expert witnesses.

Content analysis of legal protection regulations for money laundering victims in Indonesia

The offense of money laundering is included within the context of corruption. Money laundering persists in evolving via many techniques, often facilitated by advancements in information technology. Consequently, a notable number of persons use these technological advancements to engage in illicit activities, including the washing of illicitly obtained funds. This research aims to analyze the development of regulations regarding the laundering crime and legal protection for victims. This research uses regulatory and statutory documents as the main data. Documents collected include laws and government regulations regarding money laundering crimes and legal protection for victims. This research uses Nvivo 12 Plus software to code documents for presentation to produce numbers in the form of images. This research found that the development of regulations relating to the crime of money laundering continues to develop so that it is no longer possible for there to be a legal vacuum. Furthermore, Indonesia has not only created legal instruments to deal with perpetrators of corruption but also provides legal protection for victims of money laundering crimes. This research only discusses the aspect of statutory documents. Future research needs a more in-depth analysis by comparing regulations and cases of money laundering crimes.

Application of the Principle of Lex Specialis Derogat Legi Generali in Cases of Domestic Violence with Unofficial Marriage Status

This study aims to analyze the application of the principle lex specialis derogat legi generali through Law Number 23 of 2004 in cases of domestic violence with unofficial marriage status. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that Law Number 23 of 2004 effectively applies in cases of domestic violence with unofficial marriage status. An unofficial marriage, even though not registered at the Religious Affairs Office, receives recognition and legal protection under Islamic law provisions. Furthermore, the lex specialis derogat legi generali principle ensures that Law Number 23 of 2004 supersedes the Penal Code in handling domestic violence cases. The Gorontalo District Court Decision Number 323/Pid.Sus/2016/PN Gto has also reinforced this validity, which applied Law Number 23 of 2004 in a case of domestic violence with unofficial marriage status. Conversely, applying the Penal Code in cases of domestic violence with unofficial marriage status would contradict the principle of lex specialis derogat legi generali. Therefore, it is recommended that the Police increase awareness and training on the importance of recognizing unofficial marriage status according to Islamic law in the context of applying Law Number 23 of 2004. For the Public Prosecutor, there needs to be a consistent approach in applying Law Number 23 of 2004 as the foundation for prosecution, ensuring that Law Number 23 of 2004 is prioritized over the Penal Code. Meanwhile, for Judges, it is crucial to continue strengthening jurisprudence that supports the supremacy of Law Number 23 of 2004 in cases of domestic violence with unofficial marriage status, as established in the Gorontalo District Court Decision. It will enhance justice and legal protection for victims in future cases of domestic violence.

Criminal Sanctions and Legal Protection of Victims against the Crime of Fornication of Minors

Some of the events are quite an impact on the victim is a felony obscenity. However, this is not a necessarily rule out the existence of criminal acts committed by children. So it’s necessary to apply a legal sanctions and special protection in cases involving these children. As this research highlight the implementation of legal sanctions on minors in cases that will be raised related to fornication by children with Verdict Number 2/ Pid.Sus.Anak/ 2018/ PN PMS. This research is an empirical sociological study, which collects field data for further analysis of the data with the applicable legal rules. The result of this research is the practice of legal sanctions on subject of minors through Verdict Number 2/ Pid.Sus.Anak/ 2018/ PN PMS to a children regarding the sentence of 1 (one) year incarcerated and 3 (three) months of job training has been in accordance with applicable legal rules. Caused the subject is a minor, a child who is 15 (fifteen) years old, based on Law Number 11 of 2012 on The Criminal Justice System of Children, legal protection for minors of victims has been carried out such as legal assistance, psychological assistance, and ensuring that the child still get them rights as a child in society such as receiving education, socializing, and so on, the right not to be covered by the media, in collaboration with the Indonesian Child Protection Commission (“KPAI”) in terms of the victim’s psychology and social issues of the victim.

Legal Protection of Staycation Victims (Women Workers) In A Criminological Perspective)

Staycation or vacation at home is increasingly in demand by many people, including female workers. However, this does not guarantee safety during the staycation. There is a risk of crimes such as sexual harassment that can occur. Therefore, legal protection for staycation victims needs to be considered, especially for female workers. This article discusses the legal protection of staycation victims (female workers) in criminological theories such as sociological theory, psychological theory, environmental theory, social control theory, and deterrence theory, as well as a focus on feminist criminology. These theories can help understand the causes of crimes against female workers in staycation environments and provide solutions for better legal protection for victims. Therefore, it is important to develop policies and regulations governing staycations so that female workers can feel safer when carrying out these activities. In conclusion, legal protection of staycation victims (female workers) requires cooperation between the community, security forces, government, and hotel staff in Creating a safe and comfortable environment for staycations conducted by female workers. The research used in this journal is juridical research normative.

PERLINDUNGAN HUKUM TERHADAP KORBAN CYBERBULLYING DALAM GAME ONLINE MOBILE LEGENDS PADA PELAJAR MAN DI WILAYAH DAERAH ISTIMEWA YOGYAKARTA

Mobile Legends is one game where students cyberbully. This online game has chat features. In-game chat may be used for cyberbullying. This research examines cyberbullying laws in online mobile legendary games for teens and legal protection for victims. The survey found that the Criminal Code and ITE Law include various cyberbullying rules, yet MAN Yogyakarta students are unaware that online gaming bullying is a criminal. Diversion may be used to resolve bullying situations involving minors outside the criminal court system. Article 4 of the Law on the Protection of Witnesses and Victims protects minors who are bullied from threats to their personal, family, and property and their testimony.
 Keywords: Legal rotection, Cyberbullying, Student, Game Online

Legal Protection for Female Victims of Electronic-based Sexual Violence (EBSV): A Legal System Theory Perspective

Since 2017-2021, case of electronic-based sexual violence (EBSV) reported to service institution continues to increase, and a majority of the victims are women. This research aims to describe the EBSV case data, explain legal protection efforts given to the victims, then analyze it using the legal system theory. The type of research used is juridical-empirical with locus research at Women Crisis Centre (WCC) Dian Mutiara. The research results show that on month January 2020 - September 2022, there were 42 cases handled by WCC Dian Mutiara. Then the legal protection for victims is carried out through preventive and repressive efforts. In terms of legal structure, the facilities and infrastructure for handling KSBE cases at WCC Dian Mutiara and the police are not yet fully available. At WCC Dian Mutiara, this can be seen from the lack of human resources (assistants) and the unstable finances of the institution. Meanwhile, in the police, it can be seen from the victim's complaint at the time of confiscation of evidence in the form of a handphone which is usually used for daily activities by the victim. Then the analysis of the legal substance shows that the rules regarding EBSV already exist in the Law on Electronic Transactions (UU ITE) and the Pornography Law, but more comprehensive rules are contained in the Law on Crimes against Sexual Violence (RUU TPKS). Finally, an analysis of legal culture shows that public oversight of the performance of law enforcers, especially the police, is increasing. However, some­times the community's understanding of a case is still partial, making it easy to intervene. Meanwhile, the legal culture of law enforcement officials can be seen from the lack of optimal cases in the process of resolving cases, coupled with the occasional attitude of the police, not on the side of the victims.

MODEL PENCEGAHAN KEJAHATAN SEKSUAL DI LEMBAGA PENDIDIKAN PESANTREN

Islamic boarding schools must be a safe and friendly place for students and female students. Pesantren educational institutions must be perpendicular to the objectives of the establishment of the pesantren, among others, teaching the values ​​of Islamic teachings in order to improve and make society much better. However, on the other hand, there are several Islamic boarding schools that are suspected of having committed a sexual crime against their students. What is more worrying is that the sexual crime was committed by the teacher or instructor of the pesantren. There needs to be preventive efforts to respond to the number of sexual crimes in Islamic boarding schools so that these incidents do not happen again. In addition to carrying out legal protection for victims which is one form of protection, prevention efforts are also part of the concept of protecting students and female students in Islamic boarding schools.
 The purpose of this study was to find out how the urgency of regulating efforts to prevent sexual violence in Islamic Boarding Schools and the second to realize the sexual crime prevention model at Islamic Boarding Schools in protecting santri and female students.
 This research was conducted using descriptive analysis method, namely providing researched data about the condition of the object under study, namely victims and the concept of preventing sexual crimes in Islamic Boarding Schools associated with laws and regulations, and normative juridical methods. The data obtained from library research is supported by field research and then analyzed qualitatively.
 Based on the results of the study, it was concluded that efforts to prevent sexual violence from Islamic boarding schools could be carried out by strengthening state, government and government supervision of Islamic boarding schools, conducting legal counseling on the dangers of sexual crimes so that students and female students could act when receiving sexual crimes, making a sexual crime complaint post at the Institute. Islamic boarding school education and supervision of Islamic boarding schools by the Ministry of Religion.

PENYULUHAN HUKUM TENTANG PERLINDUNGAN HUKUM DAN PENCEGAHAAN TERHADAP PENIPUAN INVESTASI ONLINE

Abstract— This legal counseling aims to carry out the tridharma obligation, namely community service where we conduct legal counseling about legal protection and prevention of online investment fraud. The method used is to conduct a survey to the target community and conduct socialization and education directly to the community. This counseling educates about forms of legal protection for victims of online investment fraud, namely preventive and repressive legal protection and prevention strategies so that people do not become victims of online investments by educating people to be smart in choosing and sorting safe investments. On the one hand, investment provides forgiveness for improving the economy and on the other hand, if you place the wrong investment, it will result in losses to consumers. This legal counseling will provide education on which investments are legal and protected by the OJK and which ones are not. Provide legal assistance to victims who have been affected by fraudulent investments and how to resolve them so that the money and perpetrators of these fraudulent investments can be caught and will not harm other people.

Perlindungan Hukum terhadap Korban Penganiayaan yang Dilakukan oleh Oknum Polri Saat Aksi Demonstrasi

This study aims to analyze the legal rules governing legal protection for victims of repressive actions carried out by police officers when securing demonstrations or what are commonly called rallies. The right to express opinions is a human right that is guaranteed in Article 28 of the 1945 Constitution of the Republic of Indonesia. In the implementation of demonstrations that result in casualties, it is clear that there is an error or a form of violation, including Human Rights which are clearly regulated in the Constitution. some pre-existing rules. This study uses a juridical-normative method with a conceptual approach and legislation. The authors in this study used primary legal materials derived from legislation and secondary sources from legal books and journals that were relevant to the discussion. Then to enrich the references in this study, the authors use non-legal materials. This research shows that, there has been legal protection that has been provided by the Government in the form of preventive and repressive protection and the existence of PROPAM is considered helpful in protecting the rights of the community.
 Keywords: Legal Protection, Repressive Action, Demonstration

Perlindungan Hukum bagi Korban Kejahatan Penipuan

The arrangement on victims in the Kuhap is only stipulated in Article 98 to Article 101, the articles relate to the right of victims in demanding compensation. The mechanism taken is the merger of lawsuit cases in exchange for criminal cases. The purpose of this study is to explain the underlying importance of legal protection against victims of fraud crimes and forms of legal protection for victims of fraud crimes in the provisions of the Kuhap and RKUHAP. The research methods used in this study are: Normative type of juridical research. With a legal approach, and a conceptual approach. The victim is a party who is harmed in the occurrence of a crime so that it must get attention and service in providing protection against it. The importance of protection to create a just and peaceful society without any crime or violence. Article 133 RKUHAP is regulated on compensation for victims who state if the defendant is criminally convicted and there are victims who suffer material losses. For law enforcement officials to pay attention and prioritize justice in providing protection to victims because victims have suffered losses and mental disorders and the rule of law that has been made must be carried out and given in accordance with what has been determined.

Legal protection for women victims of human trafficking in Indonesia

Human trafficking is a violation that destroys human’s honor and dignity. Every year the number of victims of human trafficking is soaring, LPSK states that in 2021 there will be 210 victims of human trafficking, with details of male victims as many as 75 persons, while women amounting to 135 persons. Several things cause human trafficking, one of which is the lack of legal protection for the victims, prevention of women trafficking that is not properly implementated, and lack of education which causes loss of legal morals and responsibility to protect people, especially who are vurnerable. In addition to the above, there is also a lack of public understanding and knowledge on human trafficking issues, despite since 2007 since the Criminal Act of Trafficking in Persons No. 21 of 2007 was established. Another cause is due to economic demands, demands for survival among the poor or marginalized group, and on the other hand there is a desire to earn large incomes in an easy and fast way. In national and international law, human trafficking is one of the most common violations of the law, especially for women and children’s victims. Human trafficking is very detrimental not only materially or immaterially but also to the protection of the poor and younger generations who are the main targets of human trafficking. This research will apply the normative juridical method from various sources of law and legislation to review the two issues of this research, namely (1) describing how the law is enforced against traffickers, and (2) analyzing the government's role in overcoming the recovery of victims of women trafficking. Preliminary research result shows that legal protection for victims of women trafficking is far from maximum. This will then be investigated further regarding regulations that will help enforce laws against trafficked women, as well as the extent of government support to assist the recovery of victims of women trafficking.

Legal Protection of Work Safety Crimes Victims In Indonesia

Between 2014 and 2018, the Indonesian Ministry of Manpower recorded 89,625 cases of work accidents, and 1,193 of them resulted in death. During this period, 34,075 companies were reported for alleged work safety crimes. From the 2,074 cases, only four have been sentenced to prison. The most interesting issue is that the victims of work safety crimes do not get any kind of restitution or even compensation. This article aims to investigate the legal protection for victims of work safety crimes from the criminal law perspective. The method used is normative qualitative research on primary data, such as work safety legislation, the Criminal Code, and criminal court decisions. As a result, the work safety law stipulates that the purpose of law enforcement on work safety is recovery for victims, repairs and prevention. They are carried out to protect the public interest. Work safety regulations also regulate the qualifications of actions categorized as work safety crimes. Unfortunately, the regulation does not provide a mechanism for resolving work safety crimes. So that the settlement of work safety crimes relies on the general criminal justice system that adheres to retributive objectives in law enforcement. The purpose of law enforcement on work safety cannot be applied because victims do not get restitution or compensation. Thus, to obtain legal protection in accordance with the objectives of law enforcement on work safety, the alternative solution is a criminal policy to establish a special criminal mechanism for the settlement of work safety crimes.

Environmental Crime and Law Enforcement in Indonesia: Some Reflections on Counterproductive Approaches

The enforcement of environmental law in Indonesia shows a contradictory nature. The exploitation of natural resources by corporations has caused unparalleled disasters. Yet, the perpetrators, especially those corporations who work in collective, are rarely able to be persecuted. This research aims to examine the obstacles to environmental law enforcement in Indonesia and analyze the ideal environmental law enforcement model for future use. This research uses a qualitative approach which examines the concepts related to the ideal law enforcement for the future (ius constituendum). Our examination finds that there are three main obstacles in enforcing environmental law in Indonesia: the inability to deal with corporations which have strong political backing, overlapping authorities in the process of crime investigation, and difficulties faced by law enforcement officers in finding evidence. In light of these findings, we propose a model of legal protection for victims of pollution and/ or environmental destruction using the principle of restorative justice. In this model, judges can represent facilitators from the state for the initial stage. The value of this model is that rather than only pursuing punishment for the perpetrators, it shifts the focus towards providing compensation for the victims by the perpetrators.

The Forms of Legal Protection for Victims of Rape in Qanun Number 6, 2014 concerning Jinayat Law

Victims are legally entitled to legal protection either indirectly or directly. One form of protection for rape victims as stated in Aceh Qanun Number 6 of 2014 concerning Jinayat Law is contained in Article 48 concerning indirect legal protection and Article 51 concerning direct legal protection in the form of restitution. However, in its implementation, victims have not received maximum legal protection. The forms of legal protection for rape victims in Qanun Number 6 of 2014 concerning the law of jinayat are in the form of indirect legal protection (in the abstract) and direct legal protection (in concreto). The lack of regulation causes direct legal protection for rape victims in Aceh Province has not been maximally obtained.

Kajian Hukum Tindak Pidana Kejahatan Terhadap Kesusilaan Ditinjau Dari UU No 21 Tahun 2007

Criminal action is a basic part of an error committed against someone in committing a crime. So for the existence of an error in the relationship between the situation and the actions that cause reproach, it must be in the form of deliberate action or starvation. The purpose of this research is to find out the form of legal protection for victims of decency based on law number 21 of 2007 and to find out how the law is applied to perpetrators of decency crime based on law number 21 of 2007. The type of research in this journal is juridical normative and The nature of the research that I take is descriptive analysis. The form of legal protection for victims of decency based on law number 21 of 2007 is to punish perpetrators of immoral crimes against children with severe criminal sanctions so that the purpose of punishment can be achieved based on the provisions of the Law on the application of the law against perpetrators of criminal acts decency based on law number 21 of 2007 is sentenced to imprisonment for 3 (three) years and a fine of at least Rp. 120,000,000 (one hundred and twenty million rupiah).

Perlindungan Hukum Anak Korban Kekerasan Seksual

Child protection law is a state policy in guaranteeing the rights and obligations of the child itself, both regulated in private law and in public law and formal law in the sense of the process of enforcing the protection of the child. Child protection is an effort to maintain children's human rights so that they can continue to grow and develop into the hope and successor of the nation and state. Legal protection for victims is an obligation of the state and society that must be sought, be it government institutions, be it the police or child protection institutions or the community itself. This study aims to find out how to realize legal protection for child victims of sexual violence, to find out the obstacles faced in implementing legal protection and to find out what efforts are being made to overcome obstacles in the legal protection process for victims of child abuse so that justice and legal certainty fully implemented. This research was conducted using descriptive analysis method, namely providing researched data about the condition of the object under study, namely victims of sexual violence associated with statutory regulations, and normative juridical methods. The data obtained from library research is supported by field research, namely conducting interviews, then analyzed qualitatively. This research was conducted at Komnas Perempuan, the Center for Integrated Protection for the Empowerment of Women and Children (P2TP2A), and the Institute for Child Rights Advocacy (LAHA), the Indonesian National Commission for Child Protection. Based on the results of the study, it was concluded that legal protection for child victims of underage sexual abuse has not been fully realized because there are still children who have not received the rights regulated by law. Such as the rehabilitation process and getting the progress of the case and the resolution of the case. Constraints faced are obstacles regarding legal protection for child victims of sexual violence, namely legal protection for child victims of sexual violence in the form of obscenity, namely the process of completing difficult case investigations, low level of public awareness and lack of facilities in the investigation process. Meanwhile, efforts that can be done are to resolve cases quickly and according to the law, increase public awareness and coordinate with institutions that are related to the legal protection process for victims of sexual abuse as a form of sexual violence.

Husband’s Sexual Violence: Protection Rights for Wives in Terms of Islamic and Indonesian State Law

This paper discusses the right to protect wives from husband's sexual violence, a perspective of Islamic law, the penal code, and the Law of Elimination of Domestic Violence. In recent years, violence to women has increased, while from a legal standpoint, it has not accommodated various problems related to sexual violence. Therefore, this paper reveals how these protections from three different law perspectives, and prove that these problems can be resolve through those laws. Through normative juridical research using grammatical and systematic interpretation methods, it was found that sexual violence in Islamic Law is categorized as a violation of honor which is punishable by ta’zīr. The punishments regarding violations of a person's freedom are in the form of imprisonment and banishment. In the Penal Code: Offense against decency and persecution. In the Domestic Violence Law: legal protection for victims in the form of physical, psychological, sexual violence. There is a correlation between these three different law perspectives, for instance, the equivalent view which perceives violent behavior as despicable behavior is prohibited, and threatens with imprisonment or ta’zīr. This synergy has implications for fulfilling human protection from violence, implementing a sense of security, and ensuring the survival of the community.