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Jurnal Restorative Justice
Published by Universitas Musamus
ISSN : 25804200     EISSN : 26222051     DOI : https://doi.org/10.35724
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Restorative Justice is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various fields such as: civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, and another section related to contemporary issues in legal scholarship
Arjuna Subject : Ilmu Sosial - Hukum
Articles 144 Documents
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Pemberian Hak Restitusi Terhadap Anak Sebagai Korban Tindak Pidana Kekerasan Seksual Marikas Bertha Suitela; Marlyn Jane Alputila
Jurnal Restorative Justice Vol 7 No 1 (2023): Jurnal Restorative Justice
Publisher : Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/jrj.v7i1.5238

Abstract

There are still many children who are victims of crime, one of which is the crime of sexual violence. Sexual violence against children can impact children's health and cause lasting trauma even until the child grows up. The form of legal protection for children who are victims of crime is by providing restitution for the child. Restitution is a compensation payment charged to the offender based on a court decision with permanent legal force. This study aims to determine how restitution is arranged for children who are victims of sexual violence and to find out the application of the right of restitution to child victims of sexual violence in the Merauke Regency. This research is a type of empirical juridical research, with bibliographical and field data collection techniques and analyzing data qualitatively. The results of the research conducted by the author show that the legal basis for carrying out requests for restitution is Law Number 35 of 2014 concerning Child Protection and Government Regulation Number 43 of 2017 concerning Implementation of Restitution for Children who are Victims of Crime. The government or law enforcers can provide socialization to the public regarding the rules regarding criminal acts of sexual violence against children. Children who have become victims of criminal acts have rights regulated in laws and regulations. And in Merauke Regency, the implementation of the right of restitution for child victims of sexual violence has not yet been fulfilled because there are still several obstacles, one of which is that in Merauke Regency itself, there is no LPSK which makes it difficult for the public prosecutor to determine the amount of the cost of restitution. The government is expected to be able to open LPSK representatives in Merauke Regency so that the provision of compensation and reimbursement can run effectively and efficiently.
Perlindungan Hukum Bagi Anak Sebagai Korban Kekerasan Seksual Di Kabupaten Merauke Yusril Arba Saputra; Rudini Hasyim Rado
Jurnal Restorative Justice Vol 7 No 1 (2023): Jurnal Restorative Justice
Publisher : Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/jrj.v7i1.5250

Abstract

Protection of sexual violence for children is regulated in Law Number. 35 of 2014 on amendments to Law Number. 23 of 2002 concerning Child Protection. The purpose of this research is to find out the form of legal protection for children as victims of sexual violence in Merauke Regency. And to find out the inhibiting factors in the implementation of legal protection for children as victims of sexual violence in Merauke Regency. This study uses an empirical juridical method that uses laws and regulations as a benchmark and looks at facts and phenomena in the field. The results of research on Legal Protection for Children as Victims of Sexual Violence in the Regency are that the police carry out fast handling to be followed up, rehabilitation efforts for children as victims, efforts to protect identity from reporting through the mass media, and providing safety guarantees for child victims in accordance with the Law. Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The implementation of legal protection for children as victims of sexual violence needs to be supported with adequate facilities and infrastructure. So the authors argue, that it is necessary to have a safe house (shelter) for children who are victims of sexual violence. As well as the need for additional officers in child protection institutions, especially in the Merauke Regency area.
Legalitas Hak Cipta Atas Konten Eksploitasi Anak Dalam Media Sosial Tiktok Robby Robbson Lalaar; Yosman Leonard Silubun; Herry Hendri Fernando Mote; Raymond Paradeys Fenetiruma
Jurnal Restorative Justice Vol 7 No 1 (2023): Jurnal Restorative Justice
Publisher : Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/jrj.v7i1.5262

Abstract

The development of social media is very rapid because everyone wants to have their own media. TikTok as an entertainment application is currently very popular among Indonesian teenagers aged 13 to 21 years. TikTok also has a positive impact on teenagers that many people may not know about. On the basis of economic benefits, Tiktok users produce videos that use children, especially children with disabilities as actors with the aim of getting appreciation from the audience in the form of comments and likes on the video. This study aims to find out how the legality of copyright for child exploitation content in Tiktok media is. The research method used by the author is normative legal research or so-called normative law research. Normative legal research is a form of legal research that uses normative case studies in the form of searching for forms of legal behavior such as the study of laws. The results of the research conducted by the author show that the legality of copyright must meet several conditions that have been regulated in Law Number 28 of 2014 concerning copyright, namely automatically based on declarative principles, creations are realized in real form and do not conflict with laws and regulations. For child exploitation videos uploaded to the Tiktok application, it is mutatis mutandis against Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning child protection. The law prohibits exploitation of children in the form of economic, social and sexual exploitation. For this action, a person will receive criminal sanctions. Thus, videos of child exploitation on Tiktok media will not get copyright, because they do not meet the conditions and do not conflict with statutory regulations.
Analisis Yuridis Tata Kelola Perangkat Daerah Provinsi Papua Selatan Melalui Undang-Undang Nomor 14 Tahun 2022 Brampi Yopi Betaubun; Ruloff F. Y. Waas; Handika D. Ardiansyah Pelu
Jurnal Restorative Justice Vol 7 No 1 (2023): Jurnal Restorative Justice
Publisher : Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/jrj.v7i1.5266

Abstract

The Constitution of the Republic of Indonesia Year 1945, referred to as the 1945 Constitution, is the highest law and the center for the administration of the Indonesian state. The 1945 Constitution expressively affirms in Article 1 Paragraph 1 that the Indonesian state is a unitary state in the form of a Republic. Article 18 of the 1945 Constitution Paragraphs 1 and 2 explain that the Unitary State of the Republic of Indonesia is divided into Provinces. The Provinces are divided into Regencies and Municipalities, each of which has a Regional Government, which is regulated by Law; the Regional Government of Provinces, Regencies, and Municipalities regulate and manage their government affairs according to the principle of autonomy and assistance duties. The purpose of this study is to determine the governance of the Regional Apparatus of South Papua Province based on Law Number 14 of 2022 concerning the Establishment of South Papua Province so far by the regulations in its formation. This research used empirical juridical research methods (Empirical Legal Research / empirical juridisch onderzoek). Based on the spectrum of arguments that have been described that South Papua Province has a specialty in organizing and managing government affairs that become regional authorities because South Papua Province is given special autonomy by the state so that in carrying out regional government affairs, it is based on not only national laws and regulations but also compartments.

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