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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.

Diva Pancarani; Seniwati Seniwati

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

East Africa has great potential in the tourism sector, but is vulnerable to the threat of terrorism that can hinder economic growth and regional stability. This research aims to analyze the impact of terrorism on tourism development, especially in Kenya as a case study. The research uses a Library Research method with a descriptive qualitative approach based on narrative and contextual. The theory used is the tactical definition of terrorism by C.A.J Coady which emphasizes violence against civilians for political interests and Esmailzadeh's perspective which states the adaptive and global nature of terrorism. The results of the analysis show that terror attacks, such as those that occurred in several countries in the East African region, do not only cause physical casualties but also psychological and symbolic impacts in the form of declining tourist numbers, disruption of security perceptions and a negative image of the destination in the eyes of the international community. This study emphasizes the importance of an integrated approach: hard security, inclusive economic development, and soft power-based promotion. The novelty of this research lies in the integration of theoretical-philosophical approaches and empirical data to assess the linkages between security and tourism in conflict-prone areas, which have rarely been studied in depth in the East African context.

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.

Andini Raehun Putri Sidin; Heryanto Amalo; Rudepel Petrus Leo

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

Kupang City is the capital of East Nusa Tenggara province which is inseparable from the case of rape of a father against a biological child. There are several cases including a minor being a victim of sexual violence. Tragically, a student of a junior high school in Kupang became a victim of rape committed by her biological father. The case of adultery committed by the father to his biological child was handled by the PPA Unit of the Kupang City Police Satreskrim in 2019. The results of this study show that (1) the causative factor for children as victims of rape by biological fathers in Kupang City is the influence of lack of religious understanding in the family environment that causes the perpetrator to commit crimes. The actions carried out by the perpetrator were carried out repeatedly without thinking about the mental and physical influence of the victim. For this reason, it is hoped that religious understanding can be applied in the family environment so that it becomes a moral benchmark for one's life as well as the cases researched by the author. (2)) The impact on children as victims of rape by biological fathers in Kupang City is the physical and social impact experienced by the victim after the incident that befell the victim. (3) Legal Protection Efforts for Children as Victims of Rape by Biological Fathers in Kupang City In particular, Indonesia has its own law regarding the protection of children, namely Law Number 23 of 2004 concerning Child Protection. In Articles 81 and 82 of the Law on Child Protection, it is stipulated that the perpetrator of sexual abuse of children is sentenced to a maximum of 15 years in prison.

Sulis Nurlaila; Nicolo de’Albergati; Muhammad Rifki Nurrasman; Hana Faridah

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

The phenomenon of victim blaming remains a serious issue in various cases of violence, including family conflicts. Children who experience physical, psychological, or neglect-related abuse often face not only violence but also social stigma that blames them for their circumstances. From a victimology perspective, victim blaming against children in family conflicts occurs due to factors such as patriarchal culture, power imbalances within the family, and a lack of legal awareness regarding children's rights. This study employs a normative juridical method with a qualitative approach to examine the phenomenon of victim blaming against children in family conflicts based on victimology theory. The findings reveal that victim blaming in family conflicts manifests in various forms, including justification of violence against children, minimization of the harm caused, and denial of the perpetrator's role. The psychological and social impacts of this phenomenon are extensive, leading to anxiety, depression, post-traumatic stress disorder (PTSD), and difficulties in forming healthy social relationships. To address this issue, active involvement from families, educational institutions, and child protection organizations is crucial in providing education and advocacy for children's rights. Additionally, victimology perspectives can be utilized to develop policies that support victims, prevent the recurrence of family violence, and minimize the practice of victim blaming against children.

Ephivanus Markus Nale Rimo; Maria Sisilia Lou Kelen

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

The role of the TNI is very important in creating and maintaining the security of the community in fulfilling human rights, but based on the long history in Indonesia, it is suspected that there has been violence and serious human rights crimes committed by state apparatus and security actors. The principle of command responsibility for military commanders, police superiors and other civilian superiors is at least three reasons that underlie the thinking of military commanders, police superiors and other civilian superiors, namely the commander or superior who has the power to give orders and is responsible for the failure to control or control his subordinates. This research examines the following issues: 1) How is criminal responsibility for crimes against humanity committed by TNI soldiers or troops in security restoration operations after the occurrence of military operations other than war (OMSP); 2) Which court is authorized to try the case of crimes against humanity committed by TNI soldiers or troops in security restoration operations after the occurrence of military operations other than war (OMSP). This type of research is normative legal research using the approach method used, namely the statutory approach and concept approach. Source of legal material. The sources of legal materials used are primary legal materials and secondary legal materials. Legal material search techniques are carried out by literature study or document study. 

Maria Karunia Putri Maan; Heryanto Amalo; Ngongo Dede

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

The development of digital technology based on Artificial Intelligence (AI) has had a significant impact on society, including the emergence of new crimes such as deepfake pornography. Deepfake pornography is a form of AI misuse that creates fake pornographic content by manipulating a person's face into a video or image without consent. This phenomenon raises complex legal issues within the Indonesian criminal law system. This study aims to examine how Indonesian criminal law regulates AI deviations in the form of deepfake pornography and to assess the effectiveness of these regulations in providing legal protection. This research uses a normative approach with qualitative analysis methods and the theory of legal effectiveness as the analytical tool. The research findings indicate that AI deviations in the form of deepfake pornography are not specifically regulated in Indonesia's positive criminal law. The applicable regulations are still general in nature, scattered across several laws such as the Electronic Information and Transactions Law (ITE Law), Personal Data Protection Law, Pornography Law, Sexual Violence Criminal Act Law, Copyright Law, and the Criminal Code (KUHP), which do not comprehensively address the technological aspects and psychosocial impacts of this crime. Based on Soerjono Soekanto's theory of legal effectiveness, the existing regulations are not yet effective, as seen from the legal substance, law enforcement, legal facilities and infrastructure, community factors, and legal culture. Therefore, a responsive legal reform is needed to keep pace with digital technological developments, along with strengthening the capacity of law enforcement institutions.

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

Josshy Christine Dudu; Deby F.Ng. Fallo; Rosalind Angel Fanggi

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

This research aims to find out and analyze the legal protection of children in East Nusa Tenggara Province. This research is an empirical legal research using primary and secondary data collected using interview techniques , questionnaires, and literature studies and analyzed in a qualitative descriptive manner. The results of the study show that children in mainland Timor face various forms of interrelated violence, including physical violence that causes injury, psychological violence that damages mental health, sexual violence that causes deep trauma, and social violence in the form of neglect, hindering the fulfillment of children's basic rights, so the government needs to make preventive and repressive efforts in providing legal protection efforts.

Mumaddadah Mumaddadah; Muammar Muammar

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

Bullying is a social phenomenon that is increasingly worrying because of its serious impacts on victims, both psychologically, physically, and socially. In the context of Indonesian criminal law, bullying can fulfill the elements of a criminal act if it meets certain qualifications as regulated in the Criminal Code (KUHP) and other regulations. This study aims to analyze how bullying can be qualified as a criminal act and to review the forms of bullying that can be subject to criminal sanctions. Using a normative legal approach, this study examines relevant positive legal norms and case studies that reflect the implementation of the law on bullying. The results of the study show that bullying can be qualified as a criminal act such as insults, physical violence, threats, and defamation, depending on the form and consequences caused. Therefore, it is important to have strict law enforcement and legal education for the community to prevent and handle bullying cases effectively.