Legal Protection of Children from Sexual Offenses (Law of the Republic of Indonesia Number 35 Year 2014 on Child Protection)

As one form of Tri Dharma Higher Education is the devotion to the masarakat, some lecturers of the Faculty of Law Hasanuddin University led by a team consisting of Wiwie Heryani, A. Tenri Famauri, and Ratnawati, held legal counseling at SMA Negeri 21 Makassar (Monday, October 1, 2017), with the topic "Legal Protection Against Children from Sexual Crimes". This counseling is an effort to implement Law of the Republic of Indonesia Number 35 Year 2014 on Child Protection. According to the extension team from the Faculty of Law Hasanuddin University, sexual crimes is one form of crime that increasingly widespread both the motive, nature, form, intensity, and ways causing unrest in the community. The recent rise of sex crimes is common in children, whether physical, psychological, sexual or neglectful, often of children and children without adequate legal and human rights protections so that children often become victims. Sexual crimes committed against children will certainly have an impact on the development of psychological and other development of the child. Psychological impact on the child will give birth to a prolonged trauma which can then give birth to unhealthy attitudes, such as minder, excessive fear that can certainly interfere with the development of the child's psyche. By the Indonesian government through agencies or agencies and law enforcement officers are expected to be able to make preventive and repressive efforts in the form of real law enforcement in accordance with the rules of law applicable so that the order of life of society and nation safe and orderly can be achieved, the core of legal counseling from this Faculty of Law Hasanuddin University Lecturer. Keywords: Legal Protection, Children, Sexual Offenses

Form and Principle of Responsibility in Broadcasting Agency: An Indonesian Experience

Broadcasting is organized to streghten and to build national integrity, as well as to improve public welfare in order to create society independent, democracy, just and civilised humanity. It is also to grow broadcasting industry in Indonesia. Basically, the purpose of broadcasting is to build national identity as the goal objective for broadcasting agency. The Law No. 32 of 2002 concerning Broadcasting gives a mandate to all broadcasting’s stakeholders to embody broadcasting industry in order to create national integrity and national identity...Competency Standard National Working Indonesia (hereinafter referredto SKKNI) is needed in broadcasting area for producer, director, and writer. However, SKKNI does not apply optimally because there is no regulation to govern that the broadcasting agency shall have their own workers in accordance with its competency standards as stipulated in SKKNI. The form of responsibility in Press and Journalism is stated by Ethic of Press and Ethic Code of Jurnalism and  the Guideline of Broadcasting Code and Standard of Broadcasting Program (P3 and SPS). The principle of responsibility is conducted “based on fault principle”, according to international, law, administrative law, and criminal law. Keywords: Form and Principle of responsibility, Broadcasting Agency, Indonesia Experienc

PERLINDUNGAN HUKUM KORBAN PENGHINAAN CITRA TUBUH (BODY SHAMING) MELALUI MEDIA SOSIAL

 Penelitian ini bertujuan menganalisis penegakan hukum terhadap korban penghinaan citra tubuh (body shaming) dan implementasi perlindungan hukum terhadap korban tindak pidana penghinaan citra tubuh (body shaming). Penelitian ini menggunakan metode penelitian hukum yuridis-empiris. Adapun hasil dari penelitian ini yaitu Ketidakpahaman aparat penegak hukum akan sistem peradilan pidana, akan menghambat dalam tercapainya pembangunan hukum yang sangat di inginkan oleh bangsa ini. Penegak hukum merupakan ujung tombak tercapainya keadilan, kepastian, dan kemanfaatan hukum. Bentuk perlindungan hukum bagi korban penghinaan citra tubuh body shaming belum berhasil diwujudkan. Baik dengan upaya preventif maupun upaya represif sehingga lebih jauh lagi korban yang sempat mengalami beban mental, menarik diri dari lingkungan, hingga depresi sekalipun hanya bisa menanggung penderitaan tersebut sendiri. Tidak adanya upaya represif yang dilakukan penegak hukum akan menimbulkan banyak korban dengan kasus yang serupa.Kata-Kunci: Penghinaan Citra Tubuh, Perlindungan Hukum, Penegakan Hukum This study aims to analyze law enforcement against victims of body image humiliation (body shaming) and the implementation of legal protection for victims of body shaming crimes. This research uses juridical-empirical legal research methods. The result of this research is that law enforcers' lack of understanding of the criminal justice system will hinder the achievement of legal development that is desired by this nation. Law enforcers are the spearhead of achieving justice, certainty and legal benefits. The form of legal protection for victims of body image humiliation has not yet been realized. Both with preventive and repressive measures so that even further victims who have experienced mental burdens, withdraw from their environment, and even become depressed can only endure the suffering themselves. The absence of repressive efforts by law enforcers will result in many victims with similar cases..Keywords: Body Shaming, Legal Protection, Law Enforcemen

LEGAL ANALYSIS ON THE INFLUENCE VICTIMS' ROLE IN CRIMINAL ACTS OF SEXUAL VIOLENCE

Victims, who also acts as a participant in the occurrence of a crime, essentially have a functional role. This role arises from certain conditions and situations that are basically attached to the victim, so it is necessary to know the type or category of the victim that can influence the occurrence of a crime of sexual violence. The type of research used in this research is normative legal research. The research approach used is a statute approach and a case approach.The result shows that the categorization of victims that can influence the sexual violence crime (TPKS) is victims with passive causes, victims with active causes, and victims who are also perpetrator

EFEKTIVITAS PENERAPAN SCIENTIFIC CRIME INVESTIGATION TERHADAP PEMBUKTIAN DALAM PERKARA PIDANA

This study aims to analyze the effectiveness of the application of Scientific Crime Investigation in proving criminal cases and the urgency of implementing scientific crime investigation in proving criminal cases This research was conducted using empirical research methods. The data obtained, both primary and secondary data, are categorized according to the type of data. Then the data was analyzed using qualitative methods The results of this study indicate that: 1). The application of Scientific Crime Investigation (SCI) in proving a crime is a quality assurance and quality control, where in proving a crime, the application plays an important role in minimizing errors that often occur when processing evidence, and without any certain facilities and facilities, it is impossible for law enforcement to take place smoothly. Such facilities or facilities include, among others, educated and skilled human workers, good organization, adequate equipment, sufficient finances and so on. 2) Science in proving criminal cases has a broad understanding that covers almost all disciplines used to conduct investigations. The application of science through the scientific crime investigation (SCI) method is a breakthrough in the evidentiary process in proving a crime. Proof of criminal cases by SCI cannot be separated from the assistance of the Forensic Laboratory, which is the place for checking evidence using scientific knowledg

Law Enforcement of Money Laundering: Case Studies on Fighting Narcotic Crime

The research was based on the fact of increasing narcotics crime, both quantitatively and qualitatively as well as it has begun become a transnational organized-crime. It is an empirical-legal research. The site of research was the National Narcotics Agency. It was designed to look at the relationship between the three independent variables (investigation, arrest, and investigation of drug leader assets) on the effectiveness of law enforcement on the drug leader case as dependent variable. The hypothesis of research indicates that the more intense of investigation, arrest and investigation of narcotics asset, the higher of effectiveness of law enforcement in narcotics leader case. Keywords: Narcotics, Money Laundering, Transnational Crime DOI: 10.7176/JLPG/88-22 Publication date: August 31st 201

Penjatuhan Sanksi Pidana Anak oleh Hakim: Idealitas dan Realitas

Penelitian ini bertujuan untuk mengkaji sanksi pidana yang diterapkan kepada anak pelaku terhadap anak korban yang tidak sesuai dikarenakan perlindungan hukum khusus terhadap anak yang berhadapan dengan hukum masih banyak, sanksi yang diterapkan belum sesuai dengan Undang-undang yang berlaku. Penelitian ini dilakukan secara normatif empiris, yang dilakukan baik melalui studi kepustakaan maupun studi lapangan. Hasil penelitian ini menunjukkan bahwa Penjatuhan Sanksi Pidana bagi Anak Pelaku Tindak Pidana Kekerasan terhadap Anak di Pengadilan Negeri Makassar, Hakim memutuskan menjatuhkan sanksi pidana terhadap Anak mempertimbangkan rasa keadilan terhadap korban yang telah menanggung akibat dari perbuatan Anak pelaku, namun bukanlah wujud pembalasan dendam kepada Anak pelaku tetapi untuk mengingatkan bahwa perbuatan yang telah dilakukan Anak pelaku adalah melanggar suatu ketentuan Undang-undang. Dalam penjatuhan sanksi pada Undang-undang sampai sekarang belum dikeluarkannya Peraturan Pemerintah yang sebagaimana mestinya. Maka, hakim menjatuhkan putusan sanksi melihat 3 (tiga) perspektif yaitu aspek Filosofis, aspek Yuridis, dan aspek Sosiologis selain itu yang menjadi pertimbangan hakim yaitu Usia pertanggungjawaban pidana anak dan Berat atau ringannya tindak pidana

The Role of Judges in Realizing Justice: A Criminal Justice Perspective

The judge occupies the most strategic position in creating justice through its verdict. The strategic position of the judge not only included legal authority, but also legal obligations which constituted the power attached to the judge as well as to the court. Type of the research is a normative legal research (doctrinal research). The results of the research show that the role of judges in in legal discoveries to realize a justice is very required, given the legislation that cannot accommodate all contemporary legal issues. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The weaknesses of these legislation require a concept of legal discovery by the judge even though in certain cases is limited to justice. The verdict of judge that close to the justice are not decisions that his reasoning put the judge as law horn, but the judge must be able to interpret the law actually in accordance with the needs and developments that occur in the midst of community life. It because the legal discovery is also one of the duties of the judge in exploring the sense of justice that lives in society (living law). In addition, requires law enforcers, especially judges can be more responsive and progressive in solving legal problems, that is by making legal discoveries if necessary to realize substantive and responsive justice. Keywords: Criminal Law; Criminal Justice System; Judge; Law Enforcemen

Legal Protection of Narcotic Abusers: A Restorative Justice Perspective

The increasing of narcotics cases from year to year makes the government must be more introspective related to the distribution of narcotics that comes from outside as well as the distribution that comes from inside. The research uses a socio-legal approach. This approach used to look at legal aspects of social interaction in the communities. The research site is Kediri, East Java province, Indonesia. The results show that the State and Government have an obligation to provide legal protection against narcotics abusers. Abusers are the citizen who must be fulfilled their rights. The appropriate treatment for a narcotics abuser is getting medical and social rehabilitation. By medical rehabilitation, narcotics abusers can recover from their dependence on narcotics and become a healthy person. Implementing restorative justice to narcotics abusers is not to bring narcotics abusers who have been arrested directly using narcotics without rights or against the law into the legal process, but place them in a place of medical and social rehabilitation. In realizing restorative justice, there are obstacles to narcotics crime includes no regulation equal to the law on the regulation of restorative justice especially for narcotics abusers as victims which can be used as guidelines by law enforcers to enforce restorative justice for narcotics abusers. Keywords: Criminal Law; Drugs; Narcotics; Restorative Justice DOI: 10.7176/JLPG/88-09 Publication date: August 31st 201

Disparity of Punishment at the Court of the Crime of Corruption

Research on the judge\u27s ruling against the disparity of offender criminal acts of corruption as well as the factors that influence the occurrence of the judge\u27s verdict, the disparity was held in the Court of a criminal offence, Corruption in the courts, the courts of Makassar Tipikor Tipikor Bandung, with this type of problem identification research perskriptif-shaped, with the descriptive nature of the use of legal normative approach. Primary data obtained through interviews with as many as 15 judges and prosecutors as well as 7 5 academics 3 advocates determination technique done with a sample of secondary data and sampling purporsiv acquired through the study of librarianship is analyzed then qualitatively.The research results showed that determination of the disparity, mistakes and condemnation to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in the great Mahkama occurs because positive Indonesia corruption criminal law that gives broad freedom to determine fault and criminal type (strafsoort) both weighs criminal ringannya or (strafmaat) to the perpetrator of the criminal offence of corruption all not under the minimum standard of judgment and memlampaui the maximum punishment standards defined in legislation the eradication of criminal acts of corruption. Factors that cause the occurrence of an error or judgment determining the disparity to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in legal substance Agungadalah Mahkama factor, which gives freedom to the judge in deciding guilt and punishment inflicted to the defendant, politics and power, because the perpetrator of the criminal offence of corruption involves many officials or former officials of the regional social stratification, which is strong in the Association community city of Makassar, which puts an official or former official as a person who has a high degree of social stratification, and the judge in the determination of fault to the defendant, as well as the reasons pemberatan and relaxation of his judgement very subjective judgment by the Tribunal judge