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Journal : Nagari Law Review

Kontemplasi dan Analisis Hukum Terhadap Penanganan Eksploitasi Seksual Komersial Anak di Indonesia Nurafni Nurafni; Topo Santoso
Nagari Law Review Vol 5 No 2 (2022): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.5.i.2.p.142-159.2022

Abstract

The problem of commercial sexual exploitation of children is a serious problem and is not a new problem that has emerged recently. This crime has been happening for a long time and has been experienced by many countries, including Indonesia. For a long time, the Indonesian government has made various efforts to minimize the increase in the types of crimes that attack the future of children, such as by issuing several policies. However, day by day this crime is getting more and more victims. Moreover, with the development of an increasingly sophisticated era, this criminal activity is growing. With technological capabilities that facilitate the modus operandi of perpetrators, it certainly raises its own concerns in protecting children from sexual exploitation for commercial purposes. This research is a socio-legal research using secondary data consisting of primary, secondary and tertiary legal materials collected through the study of library materials then analyzed qualitatively and presented descriptively so as to obtain a detailed and systematic description of the description of the crime of commercial sexual exploitation of children. divided into several periods and the development of its handling in Indonesia.
A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context Nani Mulyati; Topo Santoso; Elwi Danil
Nagari Law Review Vol 1 No 1 (2017): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (537.054 KB) | DOI: 10.25077/nalrev.v.1.i.1.p.56-73.2017

Abstract

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.