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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.

Lutfiah Holifa Balkis; Amri Saputra; Winda Islamitha Nurhamidah; Nur Azizatul Haqiah; Ahmad Arifi

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

This study examines the application of the hermeneutical approach in Islamic studies from the perspective of contextual Islamic Religious Education (IRE). The problem underlying this research is the dominance of textual and normative learning patterns in Islamic education that are often disconnected from contemporary social and cultural realities. The study aims to describe the hermeneutic concepts of Fazlur Rahman’s “double movement” and Hans-Georg Gadamer’s “fusion of horizons” and to analyze their relevance in developing contextual IRE. This research employs a qualitative library research method by analyzing recent scientific literature (2021–2025) from national and international journals. The findings reveal that hermeneutics provides a methodological and philosophical foundation for transforming IRE from rote-based learning into reflective, dialogical, and contextual learning. This study concludes that hermeneutics can be used as a conceptual and practical framework to strengthen the relevance of Islamic education in addressing modern challenges. However, the study’s limitation lies in its theoretical nature, so further empirical research is recommended to test the effectiveness of hermeneutic-based pedagogical models in classroom settings.