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Heri Siswan; Budi Sastra Panjaitan; Arifuddin Muda Harahap

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Domestic violence (KDRT) is a form of human rights violation that occurs in the domestic space and has a wide impact on the integrity of the family. The reform of the criminal law through Law No. 1 of 2023 concerning the Criminal Code marks a more serious recognition of domestic violence as a criminal act. This article aims to examine the update of the criminal rules against domestic violence perpetrators in the new Criminal Code and examine it from the perspective of Islamic law. Using a normative juridical approach and comparative analysis, this study found that the new Criminal Code has adopted a more progressive approach to victim protection, including in criminal arrangements against perpetrators. On the other hand, Islamic law views domestic violence as a violation of the principles of justice, compassion, and moral responsibility in the family. Criminalization in Islam is preventive and corrective, and emphasizes a just solution, not merely repressive. Therefore, the reform of the national criminal law needs to be harmonized with Islamic values, in order to establish a penal system that is not only legally just, but also ethically and socially.

Ahmad Senang; Budi Sastra Panjaitan; Arifuddin Muda Harahap

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The ratification of the new Criminal Code (KUHP) through Law Number 1 of 2023 marks an important milestone in the history of Indonesian criminal law. The new Criminal Code replaces the colonial product that has been in place for more than a century and brings significant updates, especially in the regulation of gender-based crimes such as sexual and psychological violence. The recognition of these forms of violence is a response to the demands of civil society and is part of Indonesia's commitment to international human rights instruments. However, the effectiveness of such arrangements still faces serious challenges, such as the narrowness of the criminal formulation, the high burden of proof, and the potential for gender bias in the criminal justice system. In this context, criminal law should not only be a means of repression, but also carry out preventive and protective functions through holistic criminal policies. An integrative approach that combines penal and non-penal strategies is important to address the complexity of gender-based violence that is structural and multidimensional. This article aims to critically evaluate the provisions of the new Criminal Code related to sexual and psychological violence in the perspective of gender-responsive criminal policy. The evaluation was carried out taking into account the principles of restorative justice, the protection of victims' rights, and the need for social transformation that supports equality and non-discrimination. The results of this study are expected to be an input for the improvement of a criminal law system that is fairer and on the side of victims, especially women and other vulnerable groups.

Lia Sulistiarini; Nelsi Mersa Dila; Fitria Rahmadina; Nurzelika Putri; Septia Tri Wahyuni +5 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

In this article, sexual violence in Islamic boarding schools is discussed in relation to human rights violations. Many incidents show the practice of sexual violence involving officials, even though Islamic boarding schools are considered educational institutions that instill moral and religious values. The purpose of this study is to determine the types of human rights violations, the factors that cause sexual violence, and the function of Islamic boarding schools in preventing and implementing efforts to protect victims. This study uses a qualitative method using case studies and literature analysis. The results of the study indicate that verbal, physical, and psychological violence are forms of sexual violence in Islamic boarding schools. These incidents are influenced by patriarchal cultural norms, unequal power dynamics, and lack of supervision from outside parties. Victims suffer greatly from the impact, both intellectually and mentally. Therefore, to provide a safe and free learning environment from sexual violence, a comprehensive strategy is needed that involves the rule of law, increasing awareness of human rights, and providing psychosocial support to victims.

Agus Panahatan Panjaitan; Adi Putra Prajitna; Ade Nugroho; Agung Ramanto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The Child Protection Law affirms that the state guarantees children's rights to “protection from violence” as stipulated in the 1945 Constitution. This paper examines child abuse within the framework of Indonesian positive law using a normative approach and legal philosophy (positivism). The focus of the analysis is to what extent legal norms (such as the Child Protection Law, the Criminal Code, the Domestic Violence Law, etc.) align with the values of justice and children's human rights. A normative approach is used to analyze the laws and legal literature, while the philosophical approach, particularly the positivist ideas of Hans Kelsen and H.L.A. Hart, is employed to understand the relationship between legal norms and the concept of justice. The analysis reveals that although child protection regulations exist, their implementation on the ground tends to be legalistic, often neglecting humanitarian and justice elements. This study emphasizes the need for alignment between legal norms and substantive justice and the protection of children's human rights. The implication of this research is the need for a legal policy that is more responsive to children's rights and justice.

Talitha Danti Elvina; Adi Sulistiyono

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Online loan-based financing services are increasingly attracting public interest because of the simplicity and rapidity of the procedure. However, in practice there are often violations of consumer rights, especially in the collection process by debt collectors who use violence and misuse personal information. This research seeks to assess the legal safeguards provided to consumers who use the Rupiah Plus application against such practices. By using a juridical-normative approach by examining applicable laws, regulations, and relevant case studies, this research reveals that although legal protection exists in a normative sense, its enforcement remains inadequate. Protective measures may be taken both preventively and repressively, while conflict resolution can be approached through judicial proceedings or alternative non-litigation methods.

Eva Albatun Nabilah; Vinny Alvionita; Andi Sri Hastuti Handayani Usman; Eka Darmayanti Putri Siregar; Olivia Pamilangan Andilolo

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to see the determination of the minimum limit of criminal liability for children in conflict with the law after the emergence of the rape and murder case of a junior high school student in Palembang in August 2024 where the three perpetrators who were under 14 (fourteen) years old were not sentenced but only in the form of actions. This research is a normative legal research that uses a statutory approach and a case approach. The results of this study indicate that when referring to the provisions of international law on children, namely the CRC and its General Comments and the Beijing Rules, the determination of the minimum age of criminal liability for children and the minimum age of children can be punished in national law, namely the SPPA, is appropriate so that there is no need for changes. There are three solutions to dealing with cases of children committing sexual violence in the future that the government can do, namely: Strengthening parental responsibility in supervising digital literacy and strengthening family socio-economics, psychological approaches to children and the importance of sex education

Maliki Sirojudin Agani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

The issue of criminalizing victims of sexual violence through the use of defamation charges is gaining public attention because it is often used to silence victims who try to share their experiences. This article describes how defamation provisions in the Criminal Code and the Electronic Information and Transactions Law are often used as instruments of Strategic Lawsuits Against Public Participation (SLAPP) directed at victims, making victims even more vulnerable. The study uses a normative approach to assess the effectiveness of legal protection in the Sexual Violence Criminal Law (TPKS Law). The results of the analysis show that the TPKS Law does not explicitly include an anti-SLAPP mechanism, leaving open the possibility for the reported party to file a counter-report against the victim. Studies of the SPI, KPI, and Baiq Nuril cases show a recurring pattern, namely the use of defamation articles as a means of silencing victims and slowing down the process of exposing sexual violence. This article proposes an anti-SLAPP clause based on a progressive interpretation of the anti-revictimization principle in the TPKS Law. This proposal is reinforced by the push for the application of an early dismissal mechanism for reports that show strong indications of intimidation, so that victims receive maximum protection in the legal process.

Kurnia Tanu Putra; Devina Chandra; Lioni Anggraini; Muhamad Bintang Guntoro; Fernando Lim +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study compares the recovery systems for victims of psychosocial violence and traffic accidents from the perspective of Unlawful Acts (PMH) in Indonesia and Malaysia. Using library research, this study analyzes the legal framework, institutions, and social and psychological approaches used by both countries to support the victim recovery process. In Indonesia, the victim recovery system is still oriented towards material compensation and administrative settlements, with limited recognition of immaterial losses such as trauma and psychological disorders. In contrast, Malaysia has developed a victim-centered justice approach that positions victims as the subject of recovery, through regulations such as the Domestic Violence Act 1994 (Amendment 2017), the Road Transport Act 1987, and compensation mechanisms through the Motor Insurers’ Bureau of Malaysia (MIB) and the Victim Compensation Fund. This approach comprehensively integrates legal, social, and psychological recovery, including free counseling services through the One Stop Crisis Center (OSCC) and Talian Kasih 15999. The study's findings indicate that Malaysia has moved toward a holistic human recovery paradigm, while Indonesia still needs to strengthen its victim recovery system by addressing the psychological and social dimensions to align with the principles of restorative justice.