The principles of international law mandate diversion as a model for solving juvenile cases. The diversion model as a resolution model in Indonesia, Philippines, and Thailand is rooted in the traditional culture and local wisdom of the people. Diversion agreement can take form of restitution. This study discusses three issues: (1) diversion in juvenile criminal justice system, (2) restitution in diversion, and (3) comparison of restitution in the Philippines and Thailand. This study employs normative legal approach, which examines the ambiguity of norms of restitution forms. Currently, restitution is interpreted merely as reimbursement for victim. This study collected primary and secondary legal materials collected through literature study. This study employed statutory, legal concept, and comparative law approaches. The focus was on the Philippines and Thailand contexts. The analysis was conducted qualitatively. Diversion is a specialty in the juvenile criminal justice system in which criminal cases committed by children are resolved by deliberation. The result of the diversion agreement can be in the form of restitution as agreed in the deliberation. The Law Number 11 of 2012 on the Juvenile Criminal Justice System recognizes form of restitution. The form is money. It is different from the Philippines and Thailand that formulating a form of restitution in the form of services provided by the perpetrator and/or his family to the victim and/or his family. This form of restitution is based on social realities in which the economic condition of the perpetrator’s family makes it impossible to pay restitution in the form of money. The restitution of work services can be a material for reformulation in the dimension of ius constituendum in Indonesia.
Trafficking in persons is a cross-border crime which injures human dignity. The mode of trafficking in persons is to take advantage of the economic conditions of potential victims by luring them a better job. This research will discuss the profile of victims of trafficking in persons, gender analysis in human trafficking, and international policies in victim protection that are gender equality oriented. This research is a normative juridical study examining the analysis of international legal instruments, laws and court decisions. The research was conducted using the statute approach, legal concepts and the concept of gender. The victims of trafficking in persons are dominated by women, although it does not rule out the possibility that men can also be the victims. Women are considered as commodities that can provide benefits because they can be bought and sold to do work without requiring high education, and even provide sexual services. The perpetrators of the criminal network carry out the recruitment of potential victims by involving the householder of the potential victim, in this case the husband or father of the potential victim. This condition cannot be separated from the deep rooted patriarchal culture in the society, in which the men play a role as the decision makers in the family. Power relations play an important role in analyzing this crime of trafficking in persons. Efforts to combat trafficking in persons are carried out within the framework of a gender-equitable policy. However, the existing legal instruments have not addressed the fundamental problems of trafficking in women. Reconstruction of the legal culture of society is very important in protecting women from various forms of violence.
Abstract:Â Imprisonment is the most frequent primary sanction imposed by the judge. It is influenced by classical thinking about retaliation against the perpetrators. Implementation of imprisonment has not been effective to provide coaching and preparing the former inmates to return to society. Prison will only be a place for someone to learn about committing crimes more professional. Negative stigma always attached to ex-prisoners, so they are hard to get back into his social life. One attempt to minimize the imposition of imprisonment is to resolve the criminal matter amicably out of court (through penal mediation). Completion of a criminal case in a peaceful manner will reduce the workload for law enforcement and provide better justice for perpetrators, victims and their families.Keywords: imprisonment, inmates and penal mediation.
Online loans that are part of Financial Technology create a new mode of crime, in which perpetrators can use other people's personal data to find the online loans. This action causes losses to the online loan service providers and people whose personal identities are used by the perpetrators to make online loans. For this reason, the problems discussed in this paper are: 1) How is the formulation of fintech based on online loans? 2) How is the protection of personal data in online loans? 3) What are the criminal sanctions for using other people's identities in online loans? To answer these problems, a normative juridical research method is used by using the literature sources as the primary source of legal material. Based on research originating from literature sources, criminal sanctions that can be imposed on perpetrators can be charged with Article 27 paragraph (1), (2), (3) or paragraph (4) of the Law on Information and Electronic Transactions, with a criminal penalty regulated in Article 45 of the Law on Information and Electronic Transactions with a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp. 750,000,000 (seven hundred and fifty million rupiah). Judging from the elements in the criminal act of using false identities in making online loans, the criminal sanctions for using false identities on online loans can be suspected by Article 263 paragraph (1) of the Criminal Code regarding the crime of identity fraud, Article 378 of the Criminal Code on fraud, Article 311 paragraph (1) KUHP on slander/defamation.
Packaging design is fundamental for a company because it has a visual meaning that is implied both from the corporate culture, history, and positioning of a company. Every company has a packaging design, some are well-conceived and some are just perfunctory. Maintaining the consistency and quality of the brand image in the minds of consumers is very important so that it is easy to recognize the company in every communication. Products and services that are successful will be satisfying and easy to remember by consumers, as well as the company's brand. The packaging design in which there is a logo makes it the main identity for the launch of a newly established company or new organization. Without a visual identity, it will be difficult for consumers to identify the company. Micro, Small and Medium Enterprises or MSMEs can be interpreted as businesses run by individuals, households, or small-scale business activities that drive the movement of development and the Indonesian economy. According to data from the Cooperatives and UKM Office of the City of Denpasar, for the type of Creative MSMEs, the Micro scale is specifically in the creative field of knitwear craftsmen. RH (Reta Handycrafts) doesn't have a packaging design yet, of course this will cause problems when introducing a product. A product that is sold has more value if it can be packaged very well, but not a few partners ignore it. able to support their business income.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.