Justness : Jurnal Hukum Politik dan Agama最新文献

{"title":"MODUS DAN FAKTOR PENYEBAB MARAKNYA KASUS PEKERJA MIGRAN INDONESIA (PMI) ILEGAL DI KABUPATEN LUMAJANG","authors":"Kholidazia El Hamzah Fathullah, A. D. Ma’shum","doi":"10.61974/justness.v3i2.47","DOIUrl":"https://doi.org/10.61974/justness.v3i2.47","url":null,"abstract":"Abstract \u0000The low level of wages in the country is related to the limited number of jobs available, making people prefer to work abroad. Most Indonesian Migrant Workers (PMI) choose illegal routes. In many cases of illegal migration, both in the context of internal migration and international migration, the role of \"taikong\" or labor brokers is very important. As happened in Lumajang Regency, in November 2023, it was recorded in the Lumajang District Court's Case Tracking Information System (SIPP) that there were 6 cases of the Crime of Human Trafficking (TPPO) committed by taikong or brokers in sending and placing PMI illegally abroad. . The aim of this research is to analyze the Taikong or Broker Mode in Lumajang Regency in the Illegal Placement of Indonesian Migrant Workers (PMI) Abroad and to analyze the factors that cause Indonesian Migrant Workers (PMI) to choose illegal methods. This research uses empirical legal research with a juridical-sociological approach. \u0000Keyword : Modus, the Illegal Placement of Indonesian Migrant Workers, the Crime of Human Trafficking","PeriodicalId":517084,"journal":{"name":"Justness : Jurnal Hukum Politik dan Agama","volume":"127 2-3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496843","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"IMPLEMENTASI DIVERSI BAGI ANAK DIBAWAH UMUR YANG MELAKUKAN TINDAK PIDANA BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 11 TAHUN 2021 TENTANG SISTEM PERADILAN ANAK","authors":"Muhammad Zainal","doi":"10.61974/justness.v3i2.44","DOIUrl":"https://doi.org/10.61974/justness.v3i2.44","url":null,"abstract":"ABSTRACT \u0000This research aims to analyze the implementation of diversion for underage children who commit criminal acts in accordance with the provisions of Law Number 11 of 2021 concerning the Juvenile Justice System. Diversion is an alternative approach in handling juvenile offenders with the aim of providing a learning experience without going through formal court proceedings. This study examines the process of implementing diversion, influencing factors, and the impact of using diversion on underage juvenile offenders. \u0000The research method employed in this study is a normative juridical approach. The normative juridical approach involves studying theories and concepts related to normative issues through literature review by examining existing legal materials. \u0000Furthermore, this research also utilizes a statute approach, which involves analyzing regulations and rules related to the legal issue, especially Law Number 11 of 2021. The research findings indicate that the implementation of diversion has progressed, but still faces various challenges such as diverse understandings from those involved in the juvenile justice system and the community, as well as resource limitations. \u0000These outcomes are influenced by factors such as awareness of the importance of rehabilitating children, community involvement, and coordination among relevant institutions, which significantly impact the success of diversion implementation. In the long term, diversion is expected to contribute positively to improving the behavior of juvenile offenders, reducing recidivism rates, and minimizing the negative impact of the criminal justice system on underage children. \u0000This study provides in-depth insights into the implementation of diversion for underage children involved in criminal acts or commonly known as children in conflict with the law, focusing on legal, social, and rehabilitative aspects. The implications of this research are expected to support efforts to improve the juvenile justice system and provide guidance for stakeholders to take effective steps in facilitating diversion as a viable alternative in addressing juvenile offenders.","PeriodicalId":517084,"journal":{"name":"Justness : Jurnal Hukum Politik dan Agama","volume":"48 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140497470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"TUGAS LEMBAGA PERLINDUNGAN ANAK KABUPATEN PROBOLINGGO DALAM PENANGANAN EKSPLOITASI EKONOMI TERHADAP ANAK DI BAWAH UMUR","authors":"Hj. Khusnul Hitaminah, H. A. S. Askandar, SH.,MH, Rofiatul Umroh","doi":"10.61974/justness.v3i2.43","DOIUrl":"https://doi.org/10.61974/justness.v3i2.43","url":null,"abstract":"ABSTRACT \u0000This research aims to describe the duties of the Probolinggo Regency Child Protection Agency in handling economic exploitation of children. Nowadays, the majority of children in Indonesia have a bleak fate, especially in the Probolinggo Regency area, this is because children have to face the bitterness of life on the streets, where children are forced to go out on the streets to earn a living because they have become the backbone of the family. \u0000  \u0000Data collection in this research is normative empirical, namely a method that combines normative legal elements and is then supported by the addition of empirical data or elements. The method used in this research is qualitative descriptive, namely by tracing related documents and interviewing directly with the Chair of the Probolinggo Regency Child Protection Agency. The research results show that the task of the Child Protection Agency in handling economic exploitation of minors is to carry out prevention, handle report responses, protect children, society, carry out supervision and advocacy, carry out rehabilitation and support, develop policies and regulations, implement training and capacitation, maximizing education and awareness programs for the community, carrying out research and data collection and providing legal assistance. The obstacles that will be overcome in taking action to deal with economic exploitation of children are lack of resources which include adequate budgets, trained personnel, infrastructure and equipment, lack of understanding or ignorance, challenges in obtaining cooperation and partnerships, stigma and fear: Children who become Victims of economic exploitation often face stigma and fear in reporting cases or seeking help, weak legal systems, social and cultural factors, mobility and migration. \u0000Keywords: Treatment, Economic Exploitation, Children","PeriodicalId":517084,"journal":{"name":"Justness : Jurnal Hukum Politik dan Agama","volume":"2 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140497639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ANALISIS PERBUATAN MENGHALANGI PROSES PENYIDIKAN, PENUNTUTAN DAN PERADILAN (OBSTRUCTION OF JUSTICE) DALAM SISTEM PIDANA DI INDONESIA","authors":"Mohammad Anton Suryadi, Muhammad Zainal","doi":"10.61974/justness.v3i2.46","DOIUrl":"https://doi.org/10.61974/justness.v3i2.46","url":null,"abstract":"ABSTRACT \u0000Obstruction of justice or what is betterly known as the acts of obstructing to the judicial process is a type of crime because its action is considered to hamper the law enforcement system and damage to the image of law institutions. The obstruction of justice aims to obstruct or have effect to pervert the legal process and to disrupt the proper function of a judicial process. Another definition of obstruction of justice is an attempt to interfere with the administration of the courts, the judicial system or law enforcement officers, including threatening witnesses, inappropriate conversations with the jury (judge), hiding evidence, or interfering with the arrest process. Therefore, the obstruction of justice is considered as any types of intervention to the entire legal and justice process from beginning till ending. Therefore, the obstruction of justice is categorized as a type of criminal acts of the contempt of court. \u0000The criminal law system of Indonesia normatively regulates acts of obstructing the justice process in many regulations, both generally in the penal code and the specific criminal laws that regulate the eradication of corruption, the eradication of terrorism, the eradication of human trafficking, prevention and eradication of money laundering and narcotics law. The point that needs to be paid attention to regarding acts of obstructing the judicial process in the penal code is that of many articles that can be analogous as the acts of obstructing the judicial process, there are 2 (two) articles that clearly state the elements of preventing, obstructing, thwarting, causing trouble, obstructing the judicial process. The same elements have also been regulated in the articles which constitute as the acts of obstructing to the judicial process in the specific criminal laws. \u0000Keywords: the acts of obstructing to the judicial process, Criminal System of Indonesia","PeriodicalId":517084,"journal":{"name":"Justness : Jurnal Hukum Politik dan Agama","volume":"56 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140497552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}