1,720,959 research outputs found

    Legal Protection for Child Victims of Human Trafficking

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    Human trafficking criminal act is, until now, a form of human slavery. Human trafficking is one of the worst treatments and a violation of human honor and dignity, and is automatically a violation of human rights. This paper aims at describing factors which cause child trafficking many occurring recently and the efforts to prevent child trafficking. This normative juridical research employs a statute approach and a case approach. The research finds that child victims of trafficking are trafficked for various forms of exploitation from sexual exploitation (organized prostitution), forced labor, slavery and other slavery practices. The efforts to prevent child trafficking are regulated through various laws and regulations, such as Law Number 35 of 2014 concerning the Amendment to Law Number 23 of 2002 concerning Child Protection. The factors to cause child trafficking are lack of awareness, poverty, culture, lack of education and weak law enforcement.</jats:p

    Upholding the Best Interests of the Child Principle in Police Investigations of Child Sexual Violence Victims in Indonesia

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    Sexual violence against children is a serious crime with long-term effects, requiring legal proceedings that prioritize the interests of children as victims. This study aims to analyze the factors that hinder the realization of the principle of the best interests of the child in the investigation process and to formulate its ideal implementation. The method used is normative legal research with a legislative and case study approach, supplemented by empirical data through interviews with investigators from the South Jakarta Metro Police PPA Unit. The results of the study show that the main obstacles include a lack of understanding among investigators, limited support facilities, the absence of explicit technical SOPs, the influence of conservative culture, and low public legal awareness. This study offers novelty by filling the gap in research on the principle of the best interests of the child specifically for children who are victims of sexual violence, with a focus on the investigation process an aspect that has been more extensively discussed in the context of children as perpetrators or at the trial stage. The implications of this study emphasize the importance of harmonizing regulations, developing technical guidelines based on the protection of children and victims of sexual violence, and enhancing the capacity of law enforcement officials to ensure optimal protectio

    PENERAPAN KONSEP DIVERSI BAGI ANAK PENYANDANG DISABILITAS PELAKU TINDAK PIDANA KEKERASAN

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    Penelitian ini bertujuan untuk menganalisis perlindungan hukum terhadap anak penyandang disabilitas yang berhadapan dengan hukum menurut peraturan perundang-undangan di Indonesia serta penerapan konsep diversi bagi anak penyandang disabilitas pelaku tindak pidana kekerasan. Penelitian ini dilatarbelakangi oleh masih sedikitnya penelitian mengenai penerapan diversi pada anak penyandang disabilitas. Kebaharuan dari penelitian ini adalah belum adanya penelitian yang membahas mengenai penerapan diversi bagi anak penyandang disabilitas yang berhadapan dengan hukum sebagai pelaku tindak pidana kekerasan. Metode penelitian yang digunakan adalah yuridis-normatif dengan pendekatan perundang-undangan (statute approach) dan pendekatan konseptual (conseptual approach). Hasil penelitian menyimpulkan bahwa pertama, untuk kepentingan pemeriksaan proses hukum, anak penyandang disabilitas berhak mendapakan pendampingan dari keluarga atau pendamping yang bersangkutan. Kedua, konsep diversi dapat diterapkan untuk kasus kekerasan yang dilakukan anak penyandang disabilitas mulai dari tahap penyidikan, penuntutan, hingga proses peradilan di Pengadilan Negeri

    Law Enforcement Against Parents Perpetrating Physical Violence Against Children Which Causes Death

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    This research aims to determine the factors that cause physical violence by parents against children, which causes death, and how law enforcement applies to parents as perpetrators of physical violence against children, which causes death. This research is based on the phenomenon of vulnerability and the increasing cases of physical violence by parents against children, which causes death. Based on Data received throughout 2023 shows 985 instances of physical violence, with 35% of them occurring in the family environment. This research is a normative juridical method with a statutory approach. The results of the study show that the factors causing physical violence against children by parents, which causes death, are children as targets of domestic violence, economic factors, parental personality factors or stress, experiences of violence, and culture in society. The implementation of the Child Protection Law No. 35 of 2014 and the Law on the Elimination of Domestic Violence No. 23 of 2004  is used as a law enforcement effort to prevent criminal acts of physical violence against children which causes death

    Reframing Prosecutorial Legitimacy: Embracing Restorative Justice in Criminal Case Discontinuation

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    This research aims to find out and understand the scope of the Prosecutor's office, especially in the field of prosecution in the criminal justice system, as explained in this journal, namely regarding regulations related to the authority of the Prosecutor in implementing the termination of prosecution for criminal cases based on the principle of restorative justice and regarding obstacles to the implementation of restorative principles. justice at the prosecution stage. This research was carried out using a statutory regulatory approach and a conceptual approach using library data, namely normative juridical, which was carried out by examining library materials or secondary materials that were collected and analyzed qualitatively. The authority of the Prosecutor's Office in implementing the Termination of Prosecution is strictly regulated in the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative justice and is supplemented by the Circular Letter of the Deputy Attorney General for General Crimes Number 01/E/EJP/02/2022 dated 10 February 2022 and in its implementation Restorative justice is considered capable of being a solution in resolving cases quickly with the main principle of prioritizing participation between victims, perpetrators and the community as well as restoration of a situation. Furthermore, in implementing the termination of prosecution of a case, it is not impossible that there are obstacles that must be faced by the Prosecutor as Public Prosecutor, especially in reconciling the interests of the victim and the perpetrator in achieving peace

    Penyelesaian Perkara Anak Berkonflik Dengan Hukum Melalui Diversi Pada Tahap Penyidikan Dalam Rangka Mewujudkan Keadilan Restoratif

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    This study aims to analyze the settlement of cases of children in conflict with the law through a diversion approach at the investigation stage in order to realize restorative justice. . Diversion efforts at the investigation stage need to be carried out if cases of children in conflict with the law meet the requirements for diversion. Diversion means the granting of authority to law enforcement officials to take policy actions in dealing with or resolving the problem of child violations by not taking formal steps, including stopping or not continuing from the criminal justice process or returning it to the community. Or in other words, diversion is the transfer of a child\u27s case from the criminal justice process to a process outside of criminal justice. This effort is carried out, especially in the investigation stage, which needs to be carried out in order to provide protection for children in conflict with the law, especially if the crime committed meets the diversion requirements. However, in reality in the field there are still many law enforcers, especially the police, who do not use this authority, this is due to various factors such as a lack of understanding from law enforcement officials regarding the treatment and handling of children in conflict with the law at every stage of the legal process. If diversion can be carried out early, it can prevent children in conflict with the law from having to go through all the long legal processes that can ultimately affect the child\u27s psychological development. Diversion efforts are also in the context of realizing restorative justice which emphasizes recovery back to its original state rather than retaliation. The research method used is a juridical-normative approach with a statute approach and a conceptual approach. The results of the study conclude that firstly, for the best interests of the child, both as the perpetrator and the victim, it is necessary to make diversion efforts at the investigation stage if it meets the requirements to protect children. Second, the concept of diversion at the investigation stage experienced problems or was not carried out due to several factors such as the lack of understanding of law enforcement officials and the absence of agreement in the diversion deliberation

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed

    Variations on the Author

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    “Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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