JIL : Journal of Indonesian Law

IMPLEMENTASI UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK TERHADAP KEKERASAN DALAM KELUARGA DI KECAMATAN BAE, KUDUS

Inna Fauziatal Ngazizah — Mon, 02 Jun 2025 00:00:00 +0000

This study aims to analyze the effectiveness of the implementation of Law Number 23 of 2002 on Child Protection in safeguarding children from violence within the family environment in Bae Subdistrict, Kudus Regency. This research employs a qualitative legal approach, with data collected through structured interviews with three informants from Bae Subdistrict. The findings indicate that the implementation of the law has not been fully effective in protecting children's rights, as evidenced by the persistently high cases of violence against children, economic exploitation, and inadequate fulfillment of children's social and health rights. Factors affecting the effectiveness of the law include low public awareness, limited government involvement, and the socio-economic conditions of families. The recommendations proposed involve enhancing legal dissemination, strengthening the role of child protection institutions, and optimizing child protection policies to ensure the comprehensive fulfillment of children's rights.

THE ROLE OF MEDAN HELVETIA SECTOR POLICE IN ENFORCING NARCOTICS CRIME

Dedek Syafrizal, Junaidi Lubis, Debi Masri, Leni Indrayani — Mon, 02 Jun 2025 00:00:00 +0000

This research aims to analyze the role of Medan Helvetia Sector Police (Polsek) in enforcing narcotics crimes, as well as identifying strategies and obstacles faced in the implementation process. Using a juridical-empirical approach, this research combines primary data through observation and interviews with secondary data in form of legal documents and related literature. The results show that Medan Helvetia Police carry out a strategic role through three main approaches, namely promotive, preventive, and repressive. The promotive approach is realized in form of counseling and education to the community, while the preventive approach involves monitoring vulnerable areas and cross-sector cooperation. Repressive measures are carried out through routine operations, arrests, and strict law enforcement against perpetrators. The main obstacles faced include the lack of community reports, limited resources, and complexity of drug trafficking networks. Therefore, the effectiveness of law enforcement requires stronger synergy between police officers and community participation in creating a drug-free environment. The findings confirm the importance of a collaborative and sustainable approach to tackling drug crime at the local level.

RISIKO HUKUM DAN FISKAL DARI PEMBAGIAN INSENTIF DALAM PENEGAKAN HUKUM KEPABEANAN: STUDI KRITIS TERHADAP PASAL 113D UU KEPABEANAN INDONESIA

Nazzuma Ihsanudin Yusuf, Riawan Tjandra — Thu, 05 Jun 2025 00:00:00 +0000

This study examines the legal and fiscal implications of the premium policy in Indonesia's customs law enforcement system under Article 113D of the Customs Law. The provision grants a maximum premium of 50% of fines or auction proceeds from confiscated goods to those who contribute to uncovering customs violations. While aimed at enhancing bureaucratic efficiency, the policy raises concerns such as moral hazard, conflicts of interest, and perverse incentives. These may undermine fiscal accountability, transparency, and the principle of justice within good governance. Using a normative and public policy approach, this study assesses the compatibility of the provision with the principles of the rule of law and sound fiscal governance. It concludes that the incentive scheme risks institutional legitimacy and erodes public trust. Reformulating the premium policy is essential to focus on public service, professional conduct, and national interest.

STATE RESPONSIBILITY AND INTERNATIONAL ORGANIZATIONAL IMMUNITY: A CASE STUDY OF THE MOTHER SREBRENICA IN THE UN SAFE ZONE

Hengki — Fri, 06 Jun 2025 00:00:00 +0000

This research aims to analyze form of legal responsibility of the Dutch state and the United Nations (UN) for the failure to protect civilians in the Srebrenica genocide tragedy, emphasizing the principle of due diligence, concept of effective control, and the doctrine of loss a chance. The method used is normative juridical with a case approach, through study of the decision Dutch Supreme Court and analysis of international legal instruments such as Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) and Articles on the Responsibility of International Organizations (ARIO). The results show that the Dutch state can be held legally responsible for actions of its troops (Dutchbat) because it had effective control during the evacuation of victims, while the UN cannot be held legally responsible due to institutional immunity barriers. These findings indicate an accountability gap in the international legal system that hinders the fulfillment rights to justice and reparations of victims. Therefore, reforms to immunity structure of international organizations are needed to strengthen accountability mechanisms in peacekeeping missions.

PROBLEMATIKA DALAM PEMULIHAN HAK KORBAN PENGANIAYAAN OLEH MANTAN PACAR PENYANDANG DISABILITAS

Fri, 20 Jun 2025 00:00:00 +0000

This study examines theproblems of restoring the rights of victims of criminal abuse committedby former boyfriends with disabilities through a case study in Yogyakarta.In the context of the Indonesian criminal justice system, which still tends to beperpetrator-centric, victims often experience secondary victimization due tothe lack of adequate legal protection. Through an empirical legal approachand critical victimology perspective analysis, this study shows that the fulfillment ofvictims' rights is in line with the authority of law enforcement agencies,namely the police and the prosecutor's office. However, from a critical victimology perspective,victims' rights are still not fully fulfilled in this assault case, where law enforcement agencies themselves tend to be indifferentto the psychological condition and other factors. Law enforcement agencies only focuson fulfilling their duties rigidly in accordance with the law or standard operating procedures (SOPs).