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Analytics

Wachyuni Yasa Pratiwi; Erna Dewi; Fristia Berdian Tamza

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the enforcement of criminal law against cyberbullying that leads to suicide in Indonesia. The research employs a normative and empirical juridical approach by examining existing regulations and analyzing cases through interviews with law enforcement officials and related parties. The findings indicate that despite cyberbullying being regulated under the ITE Law and the Criminal Code, its enforcement still faces challenges, such as difficulties in identifying perpetrators due to digital anonymity, a lack of technical understanding among law enforcement officers, and low public awareness of the serious impact of online harassment. The cases of Yoga Cahyadi in Indonesia and Hana Kimura in Japan demonstrate that cyberbullying can cause severe psychological distress, ultimately driving victims to take their own lives. In conclusion, stricter regulations are needed to classify cyberbullying as a specific criminal offense with clearer sanctions. Additionally, strengthening the capacity of law enforcement in cybercrime investigations and enhancing digital literacy education among the public are crucial preventive measures. Public awareness campaigns and collaboration between the government, social media platforms, and educational institutions are also necessary to create a safer and harassment-free digital environment.

Perwita Chandra Puspa; Oktavia Adi Roesnia; Tsabita Az-zahra; Berliana Clara Bella; Arsya Ghanniyah Hariyadi +1 more

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Victims of sexual harassment against people with disabilities experience severe consequences. In addition to being vulnerable to prejudice or discrimination, this minority group also has difficulty in accessing adequate legal protection. The purpose of this article is to examine the legal protection provided to people with disabilities who are targets of sexual harassment in society. The research method used is a normative literature review that examines relevant laws, regulations, and practices. According to this study, although there are legal instruments such as Law Number 8 of 2016 concerning Persons with Disabilities and Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (TPKS), there are still a number of obstacles in implementing these laws effectively, such as lack of public awareness, limited access to legal infrastructure, and social stigma against individuals with disabilities. The results of this study highlight the need to improve the capacity of law enforcement, build accessible facilities, and educate the community to create a safe and supportive environment for people with disabilities. This article offers suggestions on tactics to improve legal protection and achieve social justice for victims of sexual disclosure who have disabilities.

Dhea Salsa Fadhila; Helida Alfatarin Edib Hanum; Rahma Rini Khalisa Firdausi; Najwa Alya Ristiani; Chammellia Annastasya Melati +1 more

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Sexual harassment is a behavior with sexual connotations that is done without the consent of the intended person, including various forms such as physical, verbal, and non-verbal. In Indonesia, verbal sexual harassment such as catcalling is common but less recognized by society. Catcalling, which is often directed at women, is often considered trivial and not seen as a form of criminal offense. In fact, this act can have a serious psychological and emotional impact on the victim. Although there is still a lack of understanding about the Sexual Violence Law, it is hoped that this law can provide legal protection for victims. The Criminal Code (KUHP) also regulates crimes of decency, but non-physical sexual harassment has not been specifically regulated, making law enforcement difficult. The problem of lack of legal awareness and the lack of regulations related to verbal sexual harassment are the main obstacles in providing protection to victims. From the above problems, the formulation of the problem to be sought is how the implementation of the law against the perpetrators of catcalling and whether the criminal law in Indonesia has been good enough in dealing with the criminal act of catcalling as a form of sexual harassment. This research was conducted using qualitative methods and inductive research, and research using deductive methods, and using an empirical juridical approach.

Aditia Widya Tama

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes the legal application in determining cases of sexual harassment in Bekasi under the Indonesian Penal Code (KUHP), given the high prevalence of such cases in the region. Using descriptive-analytical methods and statutory and conceptual approaches, the research identifies how criminal law is applied in addressing sexual harassment, challenges in investigation processes, and Islamic law perspectives on this phenomenon. The data includes primary, secondary, and tertiary legal materials obtained through literature studies. The findings reveal that while the KUHP provides sufficient provisions for handling sexual harassment cases, its implementation faces significant challenges, including limited legal awareness, social stigma, and lack of evidence. The study highlights the need for a more comprehensive approach to addressing these cases, including regulatory reforms supporting justice for victims and stricter sanctions for perpetrators. In conclusion, strengthening criminal law and raising legal awareness are essential to improving the effectiveness of law enforcement in sexual harassment cases in Indonesia.

Agus Santoso; Trie Hierdawati; Siswoyo Siswoyo; Ismail Buhari

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Acts of sexual violence are a complex problem and a real threat, both physical and non-physical, that must be prevented and handled seriously, professionally and responsibly. However, the fact is that cases still continue to occur and the resolution of sexual violence cases has not met expectations. Sexual violence in question is non-physical sexual harassment, physical sexual harassment, forced contraception, forced marriage, sexual torture, sexual exploitation and electronic-based sexual violence.

Muhammad Jarnawansyah

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Sexual harassment is a serious issue affecting individual well-being and societal integrity. Although Indonesia has implemented various policies to protect victims of sexual harassment, their effectiveness in safeguarding victims and enforcing the law remains a primary concern, as challenges in implementation often hinder the achievement of effective protection goals. This study aims to evaluate the effectiveness of sexual harassment protection policies in Indonesia, analyze the challenges faced in implementation, and provide recommendations for improvement. The research employs a normative legal method with a document analysis approach. Data were collected through literature review, analysis of legislation, policy documents, and relevant case studies. Qualitative analysis was conducted to assess the successes and weaknesses of the protection policies. The study shows that, despite an adequate legal framework, the effectiveness of sexual harassment protection policies in Indonesia is limited by several factors. Major challenges include inconsistent law enforcement, lack of socialization and education, social stigma preventing victims from reporting, and resource limitations. Case studies indicate that many sexual harassment cases are not taken seriously, whether in the workplace, educational institutions, or domestic contexts. Sexual harassment protection policies in Indonesia require significant improvements in socialization, law enforcement training, and resource enhancement. Reforms in reporting procedures and law enforcement are also needed to increase the effectiveness of protection and ensure justice for victims. Better collaboration between the government, non-governmental organizations, and the community is necessary to create a more comprehensive and responsive protection system.

Dian Putri Patrecia Lubis; Nur Fajarriah Indah; Oksep Adhayanto

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rise in cases of violence and abuse against children in Indonesia is the background for this research. Basically, children are unable to protect their basic rights, so legal protection is needed provided by the state. The aim of this research is to determine the role of the government in providing protection for children who are victims of sexual violence, and to find out whether rehabilitation and psychological support is needed for children who are victims of violence. sexual. The method used is a normative legal method through a statutory approach and a case approach. The aim is to focus more on supporting materials specifically discussing sexual violence against children and protection for children as victims of sexual violence and harassment. As a result, the government and society have established institutions as shelter for children who are victims of sexual violence and harassment. Apart from that, this institution also provides rehabilitation and psychological support services to support the mental recovery of children who are victims of violence and sexual abuse. This case will have an impact on the child's psychological condition which can cause trauma and serious mental problems. This will have an impact on the child's future, disrupting the development process and hampering the child's potential to become a quality individual. With strong and firm legal protection, it is hoped that it can prevent and reduce cases of violence and sexual abuse against children in Indonesia.

Astri Maharani; Sartika Puspa Sekar Arum; Yusuf Taufiqurahman

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The existence of household assistants (ART) is often ignored in labor laws in many countries, including Indonesia. This results in unfair treatment and minimal access for household members to legal protection, which increases the risk of violence against them. This violence includes verbal, physical and sexual harassment, but is difficult for household members to report due to limited legal knowledge and fear of retaliation. Social stigma and lack of support also exacerbate the situation, leaving many cases of violence unreported and perpetrators unaccounted for. This research aims to increase awareness of the importance of legal protection for household members, evaluate the implementation of labor laws, and encourage regulatory changes to expand protection. The research method uses a qualitative and descriptive approach through literature study. The research results show that legal protection for household members in Indonesia is still weak and ineffective, especially because household members are not explicitly regulated in labor law. Key barriers include a lack of rights awareness, training of law enforcement officers, and a culture of amicable resolution of violence. Better legal protection for household members needs to be implemented immediately through the ratification of the Domestic Workers Protection Bill, educational campaigns and training for law enforcement officers. Strong family, community and political support is also needed to create a safer and fairer environment for ART.

Amira Atsil Abigael Wegni; Novi Wulan Suci; Tabina Belinda; Citra Hayu Khatintri

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

This research analyzes legal protection for workers who are victims of sexual harassment in industrial areas, with a case study of decision number 83/Pdt.Sus-PHI/2023/PN Srg. Legal protection is an effort to create a sense of security for victims from harassment and threats, which are divided into preventive and repressive forms. Based on Law Number 13 of 2003 concerning Employment, this protection covers basic workers' rights, including protection from sexual harassment. This case study illustrates the implementation and challenges in implementing the law at PT Nikomas Gemilang, which involved physical sexual harassment by one male worker against several female workers. The court's decision to reject the perpetrator's lawsuit shows the importance of effective legal protection. The research results show that existing legal protection is not optimal and requires strengthening internal company policies as well as supervision from the government to create a safe and conducive work environment.

Vichi Novalia; Laudza Hulwatun Azizah; Novinda Al-Islami; Surya Sukti

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the issue of jarīmah ta'zīr as one of the dimensions of Islamic criminal law which has flexibility in its application. In contrast to ḥudūd and qisāṣ whose rules are very clear and detailed in the Qur'an, ta'zīr is not set clearly in the Qur'an. Therefore, the ijtihad of a ruler or judge to determine the type of crime and jarimah that can be punished (ta'zīr) and the type and form of punishment is really important. The flexibility of ta'zīr allows to accommodate the complex form of crime such as gratification, corruption, sexual harassment, drugs, and pornography. But ta'zīr also opens the opportunity for the tyranny of the government in punishing a person. This article offers the need for ta'zīr by making qanun like in Aceh.

Muklisin Muklisin

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rise of information and communication technology in the digital era has introduced both benefits and new challenges, one of which is cyberbullying. This study aims to analyze the application of criminal law in cyberbullying cases in Indonesia, focusing on the limitations and challenges of current regulations. Using a normative juridical method, this research examines relevant laws and court cases to evaluate how criminal law addresses cyberbullying. The findings reveal that, while certain laws provide a legal framework for tackling cyberbullying, they remain insufficient in dealing with the complexities of digital harassment. The study highlights challenges in law enforcement, including difficulties in identifying perpetrators and interpreting the law, and calls for more specific regulations and enhanced training for law enforcement officers. Increased public awareness and preventive measures are also recommended to address the issue effectively. The study's implications suggest the need for legal reform and better cooperation between institutions to improve the protection of cyberbullying victims.    

Sahira Azzahra; Atika Fitriani; Erma Nuril Fajria; Mivtahul Janati Rahmi Fajri; Sarifah Aini Hasibuan +1 more

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Gender inequality, sexual violence, domestic violence, trafficking in women, and wartime exploitation are some of the many human rights violations that occur. With the advancement of information technology and globalization, the use of violence has changed and evolved. Revenge pornography, also known as "revenge porn", is combined with direct acts of violence.    The purpose of this research is to find out what causes revenge pornography and how legal protection can be given to its victims. This research uses normative research that uses legislation to examine a study by examining theories, concepts. Some of the causes of revenge pornography crimes are as follows: Ineffective laws, the patriarchal culture that still exists in Indonesian society, lack of sexual education, law enforcement that has not run properly, and handling victims who often backfire. The state is responsible for protecting victims of sexual harassment. Several existing laws protect victims of pornographic abuse.

Alisya Ivanna Insyira; Risca Selfeny; Taufiqqurahman Syahuri

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

One of the main pillars of effective democracy is freedom of speech, which allows everyone to express their opinions and perspectives freely without fear of facing repressive actions or unjustified barriers. Everyone is entitled to the freedom of association, assembly, and speech, as stated in Article 28E (3) of the 1945 Constitution. The aim of this research is to study the legal aspects of the existence of hate speech on social media. This study examines the current legal framework governing freedom of speech and efforts to protect human rights in relation to racial harassment by reviewing existing legal regulations. The research method employed is literature review (bibliographical study). In legal research, the normative jurisprudence method is based on legal provisions such as human rights books' regulations, as well as information from research journals related to the research subject. Initial research findings suggest that hate speech is not a form of freedom of speech, and society should not respond to hate speech with more hateful speech. Instead, they can report hate speech content to the Ministry of Communication and Informatics for removal. The Information and Electronic Transactions Law (ITE Law) can serve as a resolution due to the existence of hate speech on social media by proving the occurrence of hate speech, whether it involves defamation or hate speech against Ethnicity, Religion, Race, or Inter-group relations.   Keywords: HAM, ITE Law, Hate Speech

Raudhina Oktia Ayu; Mahaarum Kusuma Pertiwi

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This study aims to determine the implementation of legal protection for women victims of gender-based discrimination within the State Civil Apparatus and submissions to adopt the use of ILO Convention Framework 111 and ILO Convention 190. The formulation of the proposed problem is: How is the effectiveness of salatiga city government regulations and policies in preventing and overcoming gender discrimination experienced by female ASNs in salatiga city government work units and policies that should be taken by salatiga city government in preventing and tackling gender discrimination experienced by female asns. This research includes a typology of normative legal research supported by empirical data. Research data were collected through literature studies, document studies and interviews. The analysis of this study is carried out normatively empirically. The results of this study show that all policies related to Gender Mainstreaming are made for gender-responsive activities eliminate Employment and Job discrimination and violence and harassment in the w. Regarding the effectiveness of the regulations made by the Salatiga City Government, it has not been effective because there are still cases of discrimination and still tries to apply the regulations made to solve cases in Salatiga City. For policies that can further adopt ILO Convention 111 and ILO Convention 190 to implement rules that further orld of work. Of course, it is aligned with the hierarchy of regulations in Indonesia to be held in autonomous regions.

Debbie Aldama; Kiara Anemadya Jaelani; Viki Kosasih

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This journal discusses efforts to improve the protection of victims of sexual harassment through education and legal action. The research was conducted by collecting data through interviews with victims of sexual harassment and legal experts. The research results show that proper education and effective legal action are very important in providing protection to victims of sexual harassment. In addition, strong cooperation is needed between government agencies, communities and families to ensure the safety and welfare of victims. This journal provides recommendations to increase public awareness about the importance of protecting victims of sexual harassment and strengthen existing legal measures to protect victims. It is hoped that the results of this research can assist in efforts to protect victims of sexual harassment and strengthen the existing protection system.