Battered Mothers, Child Protection, and The Legal System

2005 ◽  
Author(s):  
R. Fleury-Steiner ◽  
L. Thompson Brady
Keyword(s):  
Legal System ◽  
Child Protection ◽  
Battered Mothers

scholarly journals URGENSI PEMBAHARUAN HUKUM PIDANA DALAM KASUS KEJAHATAN KESUSILAAN: KAJIAN TENTANG SANKSI PIDANA BAGI PELAKU KEJAHATAN KESUSILAAN PADA ANAK

2018 ◽  
Vol 6 (3) ◽  
pp. 53
Author(s):  
Subaidah Ratna Juita
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Child Protection ◽  
Government Regulation ◽  
Deterrent Effect ◽  
Child Victims ◽  
Sexual Crimes ◽  
Criminal Sanctions ◽  
Second Amendment ◽  
Penal Law

<p>Penjatuhan sanksi pidana terhadap pelaku kejahatan kesusilaan pada anak di Indonesia belum seimbang dengan dampak yang ditimbulkannya. Adapun anak sebagai korban dari kejahatan kesusilaan tentu mengalami trauma yang berkepanjangan hingga dewasa bahkan seumur hidupnya. Salah satu upaya yang dapat ditempuh dalam menghadapi problematika penegakan hukum adalah dengan cara pembenahan sistem hukum. Oleh karna itu perlu adanya pembaharuan sanksi pidana bagi pelaku kejahatan kesusilaan sebagai bagian dari sistem hukum. Pembaharuan ini perlu dilakukan karena sanksi pidana yang ada saat ini tidak memberikan efek jera bagi pelaku. Upaya pembaruan hukum pidana yang berkaitan dengan sanksi pidana dalam kasus kejahatan kesusilaan pada anak dapat ditelusuri berdasarkan perumusan sanksi pidana berdasarkan KUHP, UU Nomor 23 Tahun 2002 tentang Perlindungan Anak, UU Nomor 35 Tahun 2014 tentang perubahan pertama atas UU Nomor 23 Tahun 2002 tentang Perlindungan Anak, dan Peraturan Pemerintah Pengganti Undang-Undang (Perppu) No. 1 Tahun 2016 tentang Perubahan Kedua atas Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak. Dengan demikian tulisan ini secara fokus mengkaji urgensi pembaharuan hukum pidana, khususnya hukum pidana materiil tentang sanksi pidana bagi pelaku kejahatan seksual dalam rangka untuk memberikan perlindungan pada anak korban kejahatan seksual.</p><p><em>The imposition of criminal sanctions against the perpetrators of morality in children in Indonesia has not been balanced by its impact. As for the child as a victim of crime decency certainly traumatized prolonged until adulthood even a lifetime. One effort that can be taken in dealing with the problem of law enforcement is to reform the legal system. By because it is necessary to reform criminal sanctions for the perpetrators of decency as part of the legal system. These reforms need to be done because there is a criminal sanction which does not currently provide a deterrent effect on perpetrators. Efforts to reform the criminal law relating to criminal sanctions in cases of crimes of morality in children can be traced by the formulation of criminal sanctions under the penal law, Law No. 23 of 2002 on Child Protection, Law No. 35 of 2014 on the First Amendment of Law No. 23 of 2002 on Child Protection, and Government Regulation in Lieu of Law (Perppu) Number 1 Year 2016 Concerning Second Amendment Act No. 23 of 2002 about Child Protection. So this paper examines the urgency updates operating focus criminal law, especially criminal law substantive about criminal sanctions for dader of sexual crimes in order to provide protection for child victims of sexual crimes.</em></p><p> </p>

Conclusion

2021 ◽  
pp. 249-258
Author(s):  
Heather Douglas
Keyword(s):  
Legal System ◽  
Partner Violence ◽  
Child Protection ◽  
Policy Reform ◽  
Intimate Partner ◽  
Child Protection Workers ◽  
Law And Policy ◽  
Legal Responses

This final chapter affirms the importance of listening to women’s experiences when considering how legal responses to intimate partner violence might be improved to make women safe. The chapter reviews key themes identified in the book, including abusers’ use of the legal system to continue abuse and the role of child protection workers, police, lawyers, and judges in facilitating that abuse. It highlights a common and continuing failure of those who work in the legal system to recognize the significance of nonphysical abuse, to persistently misunderstand the dynamics of separation and ultimately, to fail to prioritize safety. This chapter makes recommendations for law and policy reform toward making the legal system safer.

scholarly journals The Place of the Criminal Justice for Children in the Legal System of Republic of Macedonia from Its Independence Until Today

2016 ◽  
Vol 6 (1) ◽  
pp. 46
Author(s):  
Blerta Arifi ◽  
Besa Kadriu
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Child Protection ◽  
Legal Protection ◽  
Criminal Code ◽  
Special Treatment ◽  
Historical Aspect ◽  
Republic Of Macedonia ◽  
Separate Branch ◽  
Criminal Legal System

In this paper the author will analyze the legal treatment of juvenile delinquency in Republic of Macedonia, in historical aspect of the development of its legislation. In this way it will be presented the place of the criminal law for juveniles in the criminal legal system of the country and its development during today. The study will be focused on the innovation of legal protection of delinquent children, especially it will be analyzed the sanctioning of juvenile perpetrators and their special treatment from the majors in Republic of Macedonia. It will be a chronological comparison reflect of the juvenile sanctioning based on some of laws in Macedonia such as: Criminal Code of Former Yugoslavia, Criminal Code of Republic of Macedonia (1996), Law on Juvenile Justice (2007) and Law on Child protection (2013). The purpose of the study is to bring out the types of criminal sanctions for juveniles in Republic of Macedonia from its independence until today which, above all, are aimed on protecting the interests of the juvenile delinquents. Also the author of this paper will attach importance to the so-called “Measures of assistance and protection” provided by the Law on Child protection of Republic of Macedonia, which represent an innovation in the country's criminal law. This study is expected to draw conclusions about how it started to become independent itself the delinquency of minors as a separate branch from criminal law in the broad sense – and how much contemporary are the sanctions to minors from 1996 until today.

scholarly journals THE ROLES OF INVESTIGATOR IN IMPLEMENTING DIVERSION ON CHILDREN CRIMINAL ACTION

2018 ◽  
Vol 2 (1) ◽  
pp. 41
Author(s):  
Zakki Mubarok ◽  
Achmad Sulchan
Keyword(s):  
Special Education ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Legal System ◽  
Child Protection ◽  
Justice System ◽  
Criminal Cases ◽  
Internal Constraints ◽  
Legal Understanding

Some efforts were made to overcome internal obstacles: improving coordination among investigators, intensive approaches to witnesses, improving socialization of the Criminal Justice System Law and Child Protection Act. While the efforts to overcome the external obstacles: education, rigorous interrogation, improving facilities and infrastructure and bringing together an understanding of the meaning of recidivist. This research is based on the increasingly widespread criminal cases committed by children that occurred in the jurisdiction of Polrestabes Semarang in particular and in various major cities in Indonesia in general. The results of the research indicate that: (1) The role of the investigator in the diversion implementation of child crime cases, namely the internal roles among which are coordinating with the community and with various institutions or related parties, upholding the legal system and criminal justice system in accordance with the mandate of the Act, as well as involving police (Investigator) members in training or special education. (2) The constraints faced by the investigators in the diversion implementation of child crime cases are internal constraints: lack of coordination among investigators, lack of legal understanding of witnesses, lack of socialization of the Criminal Justice System Law and Child Protection Law.

scholarly journals How Child Protection Workers Support or Further Victimize Battered Mothers

Affilia ◽  
2008 ◽  
Vol 23 (3) ◽  
pp. 242-258 ◽  
Author(s):  
Susan P. Johnson ◽  
Cris M. Sullivan
Keyword(s):  
Child Protection ◽  
Child Protection Workers ◽  
Battered Mothers

scholarly journals International Human-Rights Supervision Triggering Change in Child-Protection Systems? The Effectiveness of the Recommendations of the CRC Committee in Estonia

2020 ◽  
Vol 29 ◽  
pp. 108-123
Author(s):  
Katre Luhamaa
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Child Protection ◽  
Protection System ◽  
Main Question ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Rights Of The Child ◽  
International Human ◽  
The Impact

Estonia’s legal system is generally regarded as very accepting of international (human-rights) law, with treaties in this domain and associated supervisory practice being implemented directly by national courts. The article analyses whether this extends to the Convention on the Rights of the Child (CRC) and the recommendations of the CRC Committee on ways to improve the Estonian national child-protection system. The main question examined is whether the CRC Committee’s ‘Concluding Observations’ have had an impact and been effective with regard to the Estonian child-protection system. The article lays out and further develops the framework proposed by Krommendijk for analysing the impact and effectiveness of international human-rights work with respect to national legal systems. The author begins by situating this theoretical framework in the context of the CRC and the Estonian legal system and then providing a brief description of Estonia's reporting process. The bulk of the paper is concerned with research presenting the development of the following elements of the child-protection system in aims of analysing the effectiveness of the CRC Committee's recommendations: general principles with relevance for the child-protection system, the institutional set-up, issues related to the implementation of the child's right to be free from any form of violence (along with any relevant procedural rights), and the placement of a child within the child-protection system.

scholarly journals The Legal System Application Affect Factors in Preventing HIV / AIDS Transmission in Bali

Kosmik Hukum ◽  
2021 ◽  
Vol 21 (1) ◽  
pp. 10
Author(s):  
Prima Maharani Putri
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Legal System ◽  
System Application ◽  
Child Protection ◽  
Aids Prevention ◽  
World Health ◽  
Conceptual Approach ◽  
Average Percentage ◽  
Hiv Aids

The issue of HIV/AIDS as a human rights issue in relation to public health has in principle become a topic of conversation in international public health law. In 1946, the World Health Organization (WHO) proclaimed that the highest success of a goal of public health standards was success in the treatment of HIV/AIDS as a fundamental issue of human rights. According to the last data of November 2019, Bali was ranked in the top five cases of HIV/AIDS with the number of PEOPLE with HIV/AIDS reaching 22,034 people. Of the number of cases nationally, Bali ranks number five after DKI Jakarta and West Java, even if reviewed from the average percentage compared to the population, Bali ranks in the top two nationally after Papua. The data when compared to the previous two years data is very different, where in 2017, Bali is still ranked sixth nationally. This article reviews Factors that affect the application of the legal system in preventing the transmission of HIV / AIDS in Bali Province. This research is a normative juridical research. Designed using the statute approach and conceptual approach. The results showed that Factors that affect the application of the legal system in preventing the transmission of HIV / AIDS in Bali Province are Multi-interpretation due to conflict  norms in various cases about HIV/AIDS in Indonesia.. However, it needs Immediately formulate improvements or spelled out in the Regulation of the Governor of Bali to be more synergistic fundamentally in terms of HIV/AIDS Prevention, especially its transmission management and elimination namely to The Regional Regulation of Bali Province No. 6 of 2014 on Child Protection; Local Regulation of Bali Province No. 4/2019  on Indigenous Villages and Local Regulations of Bali Province  No. 3/2006 on HIV/AIDS Prevention, as well as adjusting the Laws and Regulations on it.Keywords: HIV/AIDS, Legal System Application, Bali

Women, Intimate Partner Violence, and the Law

2021 ◽  
Author(s):  
Heather Douglas
Keyword(s):  
Intimate Partner Violence ◽  
Legal System ◽  
Partner Violence ◽  
Child Protection ◽  
Intimate Partner ◽  
Family Court ◽  
Child Protection Services ◽  
Diverse Backgrounds ◽  
The Law ◽  
Legal Processes

This book explores how women from diverse backgrounds interact with the law in response to intimate partner violence, over time. Every year, millions of women globally turn to law to help them live lives free and safe from violence. Women engage with child protection services and police. They apply for civil protection orders and family court orders to help them manage their children’s contact with a violent father, and take special visa pathways to avoid deportation following separation from an abuser. Women are often compelled to interact with law, through their abuser’s myriad legal applications against them. While separation may seem like a solution, it often accelerates legal engagement, providing new opportunities for continued abuse. Countless women who have experienced intimate partner violence are enmeshed in overlapping, complex, and often inconsistent legal processes. They have both fleeting and longer-term connections with legal system actors. Their stories demonstrate how abusers harness multiple aspects of the legal process, and its actors, to continue their abuse. They also highlight the regular failure of legal processes and actors to comprehend the significance of nonphysical abuse. Women show how legal system actors’ common expectation that separation is a single event, rather than a process, has implications for their connections with law and the outcomes they achieve. From time to time, the women in this study attained the safety and closure they sought from law, sometimes in circular and unexpected ways, but their narratives demonstrate the level of endurance, tenacity, and time this often required.

scholarly journals The Place of the Criminal Justice for Children in the Legal System of Republic of Macedonia from Its Independence Until Today

2016 ◽  
Vol 2 (4) ◽  
pp. 46
Author(s):  
Blerta Arifi ◽  
Besa Kadriu
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Child Protection ◽  
Legal Protection ◽  
Criminal Code ◽  
Special Treatment ◽  
Historical Aspect ◽  
Republic Of Macedonia ◽  
Separate Branch ◽  
Criminal Legal System

In this paper the author will analyze the legal treatment of juvenile delinquency in Republic of Macedonia, in historical aspect of the development of its legislation. In this way it will be presented the place of the criminal law for juveniles in the criminal legal system of the country and its development during today. The study will be focused on the innovation of legal protection of delinquent children, especially it will be analyzed the sanctioning of juvenile perpetrators and their special treatment from the majors in Republic of Macedonia. It will be a chronological comparison reflect of the juvenile sanctioning based on some of laws in Macedonia such as: Criminal Code of Former Yugoslavia, Criminal Code of Republic of Macedonia (1996), Law on Juvenile Justice (2007) and Law on Child protection (2013). The purpose of the study is to bring out the types of criminal sanctions for juveniles in Republic of Macedonia from its independence until today which, above all, are aimed on protecting the interests of the juvenile delinquents. Also the author of this paper will attach importance to the so-called “Measures of assistance and protection” provided by the Law on Child protection of Republic of Macedonia, which represent an innovation in the country's criminal law. This study is expected to draw conclusions about how it started to become independent itself the delinquency of minors as a separate branch from criminal law in the broad sense – and how much contemporary are the sanctions to minors from 1996 until today.

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