Journal Scientia Iustitiae

OVERVIEW OF CRIMINOLOGY OF SEXSUAL VIOLENCE AGAINST CHILDREN

Eka Putri Novia Romadhin, Rangga Jayanuarto, Riri Tri Mayasari, Ahmad Dasan — Mon, 13 Nov 2023 00:00:00 +0000

This study aims to determine the factors that crimes of sexsual violence against children that occur in the family environtment and to find out wheather the sanctions given have a deterrent effect on the perpetrators. The theory used in this study is Criminology. This research method is through an empirical juridical approach, namely studying and seeing how laws and regulations are used in real life and studying how they affect human life. This type of research is descriptive qualitative in nature which is considered capable of providing a comprehensive picture of human experience consisting of primary legal data, namely interviews and secondary data, namely those collected from various sources such as articles, laws and regulations. Methods of data collection by interviews and literature study then the data were analyzed qualitatively. The results of research in the field perpetrators of sesual violence against children by brothers in law at Correctional Institution Class IIB Arga Makmur showed several findings discussed that first the perpetrators commited sexsual violence against children because of the frequent meetings between the victim and the perpetrator so that there was an opportunity to have intercourse, the two perpetrators knew that the victim often makes pornographic videos so that this is used as a threat to the perpetrator so that the victim does not report what happened to the authorities

CUSTOMARY LAW OF PEGANG PAKAI IN KAUM RAJO AMAN

Nelsa Anggraini; Sinung Mufti Hangabei; Mikho Ardinata, Riri Tri Mayasari — Mon, 13 Nov 2023 00:00:00 +0000

In resolving the sarak (divorce) issue in Ipuh distric of Mukomuko regency, the Rajo Aman tribal community prefers to resolve it through the use of customary law. The purpose of this study is: (1). To find out how to solve sarak in the traditional community of Rajo Aman, (2). To find out the solution of sarak by the head of the Rajo Aman tribe in the perspective of Islamic Law. The research type in this study was the empirical research. By using qualitative methods, the data was collected through in-depth interviews and documentation data collection. The results of the study show: (1). The custom that occurs in Mukomuko area originates from the Minangkabau custom, which is also known by the saying “Adat bersendi syarak, syarak bersendi kitabullah, syarak mengato adat memakai”, (2). Mamak Rumah is given the authority ti invite or appeal in the local customary language to the head of the tribe and invite families from both sides to give advice, meditation and a period of three weeks so that the wife and husband can think about the causes that will arise in the event of sarak and in order to prevent the breakup of the marriage after the specified time has ended, the head of the tribe and both sides of the married family come back, but the head of the tribe does not succeed in reconciling the husband and the wife who still insist on their want to end their husband-wife relationship, then witness the “sighat talaq one” which is handed down to wife, (3). Sarak in Islam is not a prohibition. It is the last decision from the household, when there is no way out. In Rajo Aman tribe, all of whom follow the religion os Islam, of course, the solution of sarak is in line with Islamic religious law.

THE ROLE OF REGIONAL GOVERNMENT IN SETTLEMENT OF AGRARIAN CONFLICT

Fahmi Arisandi, J.T. Pareke — Mon, 11 Dec 2023 00:00:00 +0000

The Kutei Lubuk Kembang indigenous community, Rejang Lebong Regency, is one example of the many conflicts faced by the community as described in the section above in the forestry sector. In 2016, suddenly the Kutei Lubuk Kembang traditional community area with plantation and agricultural functions which had been cultivated for generations by community members covering an area of 125.4 hectares was designated by the Ministry of Environment and Forestry as a state forest area with its function as production forest limited. The main problem of this research is what is the role of local government in resolving agrarian conflicts (Case Study of Conflict in the Traditional Area of the Kutei Lubuk Kembang Indigenous Community in a state forest area). This research is an academic effort that aims to analyze and describe the role of local government in resolving agrarian conflicts, especially in Rejang Lebong Regency, Bengkulu Province. this research uses a sociolegal approach. Sociolegal studies are interdisciplinary studies that are a hybrid of major studies of legal science and legal sciences from a societal perspective that were born previously. The need to explain legal issues in a more theoretically meaningful way fuels this study. Meanwhile, practically, this study is also needed to explain the operation of law in people's lives. This research concludes that, Regional Government has an important role in resolving agrarian conflicts in forest areas, Issuance of Rejang Lebong Regency Regional Regulation No. 5 of 2018 concerning Recognition and Protection of Customary Law Communities in Rejang Lebong Regency and Regent's Decree No. No. 180.65.I of 2020 concerning Recognition and Protection of Kutei Lubuk Kembang as a Customary Law Community Unit in Rejang Lebong Regency, is an effort by the Regional Government of Rejang Lebong Regency to resolve agrarian conflicts, especially in the state forest area in Lubuk Kembang Village.