This paper aims to examine the implementation of the Child Friendly Cities and Districts in Indonesia, as part of the decentralized agenda of current Indonesian reform. Child protection has become one of the current problematic issues. This protection includes the effort to guarantee and ensure the right to live, grow, develop, and participate fully in realizing each child's future. The Indonesian government introduces regional child protection, it is Child-Friendly Cities and Districts as a part of the critical address responding to the issue to the extent the government provide a serious protection for the infant generation. Historically, the United Nations Children's Fund (UNICEF) initiated this concept, whose purpose was to aspire to children's rights through the goals, programs, policies, and local governance structures. To date, there remain many regional governments that do not have regulations on child-friendly cities or districts. This paper considers Indonesia's regions experiencing in regulating and implementing the child-friendly cities and districts that have become a benchmark for the other regions. In the end, this paper concludes that each region must regulate and implement the child-friendly cities with regional characteristics into a series of regional regulations, particularly preceded by the regional regulation. KEYWORDS: Human Rights, Child Protection, Children Rights, Child-Friendly Cities.
This paper aims to analyze the mechanism for submitting and granting restitution as the responsibility of perpetrators of crimes. This is to fulfill the rights of children who are victims of criminal acts. The implemented provisions governing the submission and granting of restitution are regulated in PP No. 44 of 2008 and PP No. 43 of 2017. However, the implementation of the restitution provision,which is the right of the child (victim), has not been fully implemented due to a lack of maximum assistance by the relevant government, such us fulfilling the rights of victims to obtain rehabilitation, compensation and restitution as a form of protection of children after the occurrence of a crime for the loss suffered by the child and / or the family of the victim. This study uses doctrinal research (doctrinal legal research), while the approach used is (socio-legal studies) an effort to explore a problem by not only fulfilling the study of legal norms or doctrines, but also looking comprehensively at the context of norms and enforcement. The results showed that the submission of restitution stipulated in Government Regulation No. 43 of 2017 outlines that restitution is a compensation payment charged to the perpetrator based on a court decision. It has permanent legal force for material and immaterial losses suffered by the victim or his family, as in the case of giving restitution for a non specifically regulated the period of payment and a rejection of payments from perpetrators of sexual crimes.
This study aims to obtain similarities and differences regarding legal formulation in online prostitution. Hitherto, prostitution has remained to exist in Indonesian society. In context, the existing perpetrators of prostitution do not peddle conventionally but also virtually, in which online prostitution that gradually increases is a common term that refers to this phenomenon. The current law enforcement against perpetrators of online prostitution performs as the consequence of the national law in which national laws have yet remained to accommodate in criminalizing perpetrators of online prostitution. The criminalization of perpetrators in online prostitution may contrast with the principle of legality so that national laws should accommodate perpetrators of online prostitution regarding their criminal liability. In particular, these national laws should address whether to prohibit the attitude that proliferates online prostitution so that perpetrators of online prostitution should be accountable for their crimes. Henceforth, this measure intends to avoid the overlap of the principle of legality in criminal law. Keywords: Online Prostitution, Criminal Liabilities, Principle of Legality.
AbstrakUndang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik (UU ITE) merupakan aturan pidana di luar Kitab Undang-undang Hukum Pidana (KUHP). UU ITE merupakan aturan dengan sifatnya yang khusus (lex specialis) dan mengesampingkan aturan hukum yang sifatnya umum yakni KUHP (lex generalis). Sesuai dengan asas yang terdapat dalam hukum pidana yaitu asas lex specialis derogate legi generalis. Penelitian hukum ini mengkaji Putusan Pengadilan Negeri Bandung Nomor 1033/PID.B/2014/PN.BDG menggunakan pendekatan perundang-undangan dan kasus. Di dalam putusan tersebut, ternyata hakim tidak cermat dalam menerapkan asas lex specialis derogate legi generalis pada pertimbangannya. Hal ini dikaitkan dengan dakwaan Penuntut Umum yang hanya mendakwa terdakwa dengan Pasal 303 Ayat (1) ke-2. Padahal, ketika surat dakwaan itu tidak memenuhi syarat uraian yang cermat, jelas, dan lengkap akan berakibat surat dakwaan batal demi hukum.Kata Kunci: Perjudian Online, Asas Pidana, Surat Dakwaan Abstract Law Number 11 / 2008 on Information and Electronic Transaction (UU ITE) is the regulation concerning on criminal law in addition to the Criminal Code (KUHP). UU ITE is commonly regarded additional regulation of the Criminal Code as a special law (lex specialis) in which Penal Code is deemed as lex generalis. It is based on the principle of lex specialis derogate legi generalis. This article uses legal research to review the decision of District
The existence of human life is extremely dependent on the environment, and the environment has provided free various needs for humans, which is an absolute requirement so that humans can maintain their lives. Environmental problems are essentially human ecological problems and environmental problems arise as a result of environmental pollution. This is an element of many negligence errors committed by companies or legal entities that operate, including the element of deliberate and negligent use of environmental law through Law No. 32 of 2009, concerning Environmental Protection stated in Article 116 UUPPLH. Corporate liability in environmental crime is the subject of discussion in cases with the decision register number No.1405K / Pid.Sus / 2013, namely PT. KARAWANG PRIMA SEJAHTERA (PT. KPSS), which is engaged in the metal, steel, and export-import aluminum and trade industry. In its location, PT KPSS produces Aero Slag waste from iron and steel smelting, bottom ash waste and fly ash obtained from the burning of coal in power plans. The criminal responsibility of environmental crimes is also carried out by PT KALISTA ALAM, which operates in the fields of plantation, industry, supplier, and shipping in the oil palm business. In its violation, PT KALISTA ALAM has opened land by burning it, which is carried out continuously to expand oil palm cultivation/ In the verdict, No. 131 / Pid.B / 2013 / PN.MBO, the company was charged for committing environmental crimes. Keyword: Environmental Pollution, Environmental Crime, Criminal Accountability
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