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Astri Chintya Astana; Tisya Permatasari; Susijati Susijati; Muninggar Rahma

Proceeding of the International Conference on Social Sciences and Humanities Innovation 2024 Asosiasi Peneliti dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the relationship between the internalization of religious moderation values and the emotional intelligence of students in Buddhist colleges in Indonesia. The values of religious moderation are measured through indicators of national commitment, tolerance, anti-violence, and acceptance of traditions. Meanwhile, emotional intelligence includes self-awareness, self-regulation, motivation, empathy, and social skills. The research employed a quantitative approach with a correlational design. Data were collected using questionnaires distributed to students and analyzed using statistical correlation tests. The results of the study indicate a significant relationship between the internalization of religious moderation values and the level of students' emotional intelligence. Students with a high internalization of religious moderation values tend to exhibit better emotional intelligence, particularly in the areas of empathy and self-regulation. These findings highlight the importance of integrating religious moderation values into higher education curricula to support the emotional and character development of students.

Anes Sefta Asmita

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

Restorative Justice is an alternative dispute resolution outside of criminal penalties, in other words, it is resolved through familial means and also aims to repair the relationship between the perpetrator and the victim. Recently, the application of restorative justice has been found in the field, which has become the main basis for resolving criminal cases of rape committed by police officers by filing an appeal in the appellate court, so that the police officer who is the perpetrator of the rape, named Bripda Fauzan (FA), who was previously subjected to the sanction of dishonorable dismissal (PTDH) in the Police Ethics Code Commission session, was not dismissed on the grounds that the rape case was considered resolved after the perpetrator married the victim. However, some time after the appeal decision, the perpetrator was reported again for allegedly neglecting his wife, who is the victim of the rape he married, which will be further examined in this research regarding the cause of Bripda Fauzan (FA) leaving his wife. This study aims to provide a real view of the application of restorative justice as the main basis for resolving rape cases, the method used in this journal is a normative juridical research method with literature studies and looking at empirical facts in the field through news circulating on the Internet media regarding rape cases by police members who are considered to have been completed after marrying the victim. The settlement of rape cases carried out by police members with restorative justice has tarnished the credibility of police institutions that do not seem to understand the fatality of sexual violence cases with the application of restorative justice in cases that have a major impact.

Saniah Saniah

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study discusses domestic violence, especially against wives, after the issuance of Law No. 23 of 2004 concerning "Elimination of Domestic Violence.” This study aimed to determine the protection of wives as victims of domestic violence. The research method used was normative legal research, using primary, secondary, and tertiary legal materials. Library research was conducted to collect legal materials. The conclusion that can be put forward is that Law No. 23 of 2004 has normatively provided protection to victims or wives, but it is still not comprehensive, and there are still forms of protection that require more detailed explanation or description.

Ubaidilah Ishaq; Riswadi Riswadi

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines the issue of contract marriages in Indonesia, focusing on the legal gaps that result in uncertainty and negative impacts on women and children. Despite the increasing prevalence of contract marriages, there is no clear regulation in the Marriage Law or criminal law governing this practice, placing individuals involved in vulnerable positions, especially women who are often victims of exploitation and violence. Through an analysis of existing regulations and their impact on social structures, this study highlights the need for legal reform, including the revision of Law No. 1 of 1974 on Marriage and the formulation of specific legislation to prohibit contract marriages. This research also recommends strengthening the oversight system, law enforcement, and providing protection services for women and children to create a safer and more equitable 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.

Ilma Azzahra Kurniawan; Slamet Tri Wahyudi; Supardi Supardi

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of writing this thesis is to find out about the Judge's considerations in issuing a Niet Ontvankelijk Verklaard (NO) verdict on domestic violence cases in military courts and to find out how the verdict should be issued on domestic violence cases in military courts. The type of research used is normative legal research because in this study the author focuses on the inconsistency between the expected conditions that have been regulated in the law and the reality that actually occurs, where this study uses a legislative approach, a case approach, and a conceptual approach. The conclusion of this study is that the Judge's consideration in issuing a Niet Ontvankelijk Verklaard (NO) verdict on domestic violence cases in military courts is because the victim has withdrawn her complaint before the main case examination, even though the withdrawal of the complaint violates Article 75 of the Criminal Code, the Judge still grants the request because the Judge uses the Supreme Court Decision Number 2238 K / Pid.Sus / 2013 dated March 5, 2014 and the Supreme Court Decision Number 1600-K / Pid / 2009 and the Judge prioritizes the value of justice in resolving the case and uses the principles of fast, simple, and low-cost justice. Because the Niet Ontvankelijk Verklaard (NO) verdict is not known in criminal cases, in the author's opinion, ideally the Judge should issue a suspended sentence because the type of suspended sentence is also a type of punishment and is not at all an acquittal or deletion, while the existence of a probationary period that has been determined by the Judge aims to educate the perpetrator to be more careful and able to improve themselves

Ketut Yugi Paulus M. Elliek; Rudepel Petrus Leo; Deddy R. Ch. Manafe

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

Legal protection for daily cooperatives is very important to ensure that their duties are carried out fairly, in accordance with applicable regulations, and without violating the rights of cooperative members. However, in the implementation of this task, there are often unwanted situations, such as violent crimes that can threaten the safety and integrity of daily cooperative employees. The inability to pay debts can trigger emotions and frustration on the part of borrowers, which in turn can trigger acts of violence against daily cooperative employees in the city of Kupang. Based on the above background, the following problem formulation is proposed: (1) What are the factors that encourage the occurrence of acts of violence against cooperative employees when carrying out collection duties? (2) What is the form of legal protection provided by the government to cooperative employees when carrying out collection duties?. This research was carried out in Kupang City, precisely at the PNM Mekaar Office, Kelapa Lima Kupang Branch. This research is an empirical legal research, which is carried out with a legislative approach and a case approach. The data were analyzed in a descriptive-qualitative manner. Based on the results of the research conducted, it was obtained that: (1) factors that encourage acts of violence against cooperative employees when carrying out collection duties, including: (a) Internal factors, including; (a) morality and education, (b) low consumer income factors, (c) consumer economic pressure, (d) uncontrolled emotions, (e) the influence of alcohol. b) External factors, including; (a) risky environmental factors, (b) social factors. (2) Forms of legal protection provided by the government to cooperative employees when carrying out collection duties, including: (a) Preemptive protection: can mean taking preventive measures. (b) Preventive Protection: This protection involves various policies, regulations, and mechanisms. (c) Repressive protection: actions taken to address, stop, or punish unlawful acts. The author's advice is to report the incident of violence to your superior, cooperative management, or the authorities as soon as possible. Make sure to follow the cooperative's internal procedures related to complaints and handling of violence.

George Frederik Yulio Jano; Rafael Rape Tupen; Hernimus Ratu Udju

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Drinking and uncommendable behavior are two intertwined things. Recently, an event that has disturbed the community has become more frequent. Some sexual crimes against children occur after the perpetrator drinks alcohol, where people will be encouraged to commit heinous acts, when their intellect has been influenced by alcohol. The Sikka Regency Government together with the Sikka Regency Regional People's Representative Council made Sikka Regency Regional Regulation Number 11 of 2012 concerning the Supervision and Control of Alcoholic Beverages, as a preventive effort to overcome social problems in the community, namely, the high number of traffic accidents, Domestic Violence (KDRT) and vandalism triggered by alcoholic beverages. This research is an empirical juridical law research. This study is descriptive and analyzes primary data to find out the Implementation of Sikka Regency Regional Regulation Number 11 of 2012 concerning Supervision and Control of Alcoholic Beverages. Data collection uses observation, documentation and interview techniques. The results of the study show that: (1) The implementation of Sikka Regency Regional Regulation Number 11 of 2012 concerning Supervision and Control of Alcoholic Beverages needs to be followed up because there are still obstacles faced (2) The impact of the Implementation of Sikka Regency Regional Regulation Number 11 of 2012 concerning Supervision and Control of Alcoholic Beverages, one of which is a decrease in revenue.

Rika Andriyanti; Sumriyah Sumriyah

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Legal protection for victims of sexual abuse of minors is very important to guarantee children's rights and provide justice for them. Sexual abuse of children is an act of violence that can have serious impacts on the psychological, social, and physical development of children. Therefore, the state, through various legal policies, plays a role in protecting children from the threat of sexual abuse. In Indonesia, various regulations have been set to provide protection, such as the Child Protection Law, which regulates children's rights to protection from sexual violence. In addition, clear legal mechanisms and psychological assistance processes are also very necessary to ensure the recovery of victims after the incident. The importance of a child-friendly justice system is also highlighted in legal protection efforts, considering that victims often feel intimidated and marginalized in the legal process. A court process that is sensitive to the psychological condition of children will help reduce further trauma for victims. Legal protection also includes imposing strict sanctions on perpetrators to provide a deterrent effect, as well as educating the public about the importance of protecting children from sexual abuse. The government and related institutions must work together to strengthen this protection system.  

Destia Purwaningsih; Veny Nisratul Husna; Muhammad Ramadhan; Syahrul Mubarak; Anisa Anisa +2 more

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Violence against women remains a serious issue in Indonesia despite the existence of Law Number 23 of 2004 on the Elimination of Domestic Violence (KDRT). This study aims to evaluate the effectiveness of the implementation of this law in reducing violence against women and to identify the barriers in its implementation. The research method used is a normative legal approach, focusing on the analysis of relevant regulations and related policies. The findings show that although legal awareness has increased, many women victims of violence are still hindered by social and cultural factors in reporting the incidents. Institutional factors, such as limited resources in law enforcement agencies, also affect the effectiveness of protection. The implication of this research is the importance of a thorough evaluation of existing policies and the need to improve the capacity of law enforcement agencies to handle cases of violence against women more effectively.

M. Abdul Hasyim; Nur Handayani; M. Syahrul Borman

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to explore legal protection for children as perpetrators of gang violence, with a special focus on cases involving martial arts schools. Gang violence involving children and martial arts schools often poses complex challenges in terms of law and child protection. The research methods used are normative and empirical legal research. The type of research used by the author is normative or doctrinal legal research. The data in this study were obtained through library research so that the research data came from secondary data, namely District Court Decision No. 11 / Pid.Sus-Anak / 2023 / PN Mjk). The results of the study indicate that the application of criminal law based on District Court Decision No. 11 / Pid.Sus-Anak / 2023 / PN Mjk) relating to formal criminal law and material criminal law is appropriate, because the procedural procedures and the application of articles in the decision are in accordance with the Criminal Procedure Code, the Juvenile Criminal Justice System Law, and the Child Protection Law. Then, related to legal protection for children, the fulfillment of children's rights has not been implemented optimally.    

Budi Handayani; Roidatus Shofiyah; Atmari Atmari; Tuti Herningtyas; Haniyah Haniyah

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

Child protection is an important aspect in realizing the welfare and sustainability of the nation’s future generation. However, many people still do not fully understand children’s rights and the forms of legal protection available. This community service activity aims to improve public understanding and legal awareness regarding child protection through legal counseling programs. The method used was a participatory approach employing lectures, discussions, question-and-answer sessions, and simple case studies to help participants better understand the material presented. The target participants included parents, adolescents, and the general public within the village community. The counseling materials covered children’s rights, forms of violence against children, and legal protection mechanisms that can be pursued in cases of violations of children’s rights. The results of the activity showed an increase in public understanding of the importance of child protection and the role of families and communities in creating a safe and child-friendly environment. In addition, the community became more aware of legal measures that can be taken to prevent and address cases of violence against children. Therefore, this legal counseling activity proved effective in increasing public legal awareness regarding child protection and encouraging the creation of a more socially responsible environment that respects children’s rights.

Isti Puspitasari

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

The purpose of this research is to examine and analyze the validity of scientific crime investigation as evidence in the process of proving murder cases and what are the advantages and disadvantages of using the scientific crime investigation method in crime scene processing carried out by forensic laboratories. Then the method used in this research is the normative legal research method. The results of the study show that the scientific crime investigation method, which is expressed in concrete form through forensic laboratory examinations and information from police forensic experts, is the central point. In connecting the relationship between the perpetrator, victim and evidence with the crime scene, the construction of evidence for a criminal act becomes stronger and can give confidence to the judge in deciding a case fairly and in accordance with the actual facts. In the case of the crime of murder with poison, the statements of the witnesses and the statements of the two defendants were linked and interconnected with each other after the scientific crime investigation method was applied; The advantages and disadvantages of using scientific crime investigation methods in crime scene processing carried out by forensic laboratories include. The advantages and disadvantages of using scientific crime investigation methods in crime scene processing carried out by forensic laboratories include: (1). The advantage of implementing scientific crime investigation is that uncovering cases using old methods full of violence, intervention, etc. has been abandoned. (2) Fast, precise and accurate inspection supported by special tools that have been internationally standardized, (3) Minimizing errors made before SCI implementation (manual patterns replaced with digital patterns). Meanwhile, the weaknesses are: Internal side of the SatKer (Work Unit): the number of human resources who supervise and understand the use of Special Tools (Alsus) is limited, the special equipment, both primary and secondary, is expensive. If we look at the human resources that this country has, it should be enough to assist the Forensic Laboratory team in supervision and are people who understand the special tools that support the performance of the Forensic Laboratory. Apart from that, the government should be more respectful of the procurement of these special tools, even though not everyone has to always use these special tools. However, these tools are very useful for the smooth running of investigations and/or investigations. Because the resulting examination data is much more detailed and accurate.

Maryo Jaxel Mabilehi; Rudepel Petrus Leo; Heryanto Amalo

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

The judge's decision is a vital aspect needed to resolve criminal cases. The judge's authority and power are so great in deciding cases that result in disparities in verdicts in cases where the weight of the crime is the same, namely cases of sexual violence against children. This research is an empirical juridical research, so the data sources used are primary data sources, secondary data sources and tertiary data sources. Primary data sources are obtained through the results of research in the field, secondary data is obtained through literature, laws, and other literature, and tertiary data is obtained through dictionaries, mass media, and the internet. The data were analyzed in a descriptive-qualitative manner. The results of the study show that: (1) the factors that cause the disparity in punishment for perpetrators of sexual violence are internal factors and external factors of judges. (2) efforts to overcome disparities in the verdicts of sexual violence crimes which include repressive efforts and preventive efforts.

Dini Oktavia Putri; Wanda Hafisya; Mahesa Arya Pratama

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

Child abuse in Indonesia, particularly in Bintan, shows a concerning upward trend. This study aims to analyze the efforts of the Women's Empowerment, Child Protection, Population Control, and Family Planning Agency (DP3KB) in preventing and addressing cases of violence against children. The research method employed is empirical research, collecting primary data through interviews and observations, as well as secondary data from relevant literature. Findings indicate that DP3KB has implemented prevention programs that include socialization of children's rights and campaigns for reporting violence, although it still faces challenges such as limited resources and lack of inter-agency coordination. The implications of this research highlight the importance of cross-sector collaboration and increased community awareness to protect children from violence. By understanding the steps taken by DP3KB, it is hoped that this can contribute to child protection efforts and the handling of violence cases in Bintan Regency.

Ayu Winda Amelia

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The system that aims to protect the rights and welfare of children including the protection of minors. Children under age are often exposed to various types of violence, exploitation and discrimination. Therefore, various rules and regulations have been made to provide comprehensive protection. Law number 35 of 2014 concerning amendments to Law number 23 of 2002 concerning child protection regulates child protection in Indonesia. This law shows how important it is to protect children's rights, including the right to live, develop and be protected from violence. In addition, to deal with the problems faced by children, prevention and rehabilitation efforts are also very important. The game violates the law on child protection requires cooperation between the government, society, and non-governmental organizations. It is hoped that children can grow and develop in a safe and secure environment with strict supervision and law enforcement.

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.

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.

Qomaruzzaman Azam Zami; Rachel Anggita Lintang

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Violence against women is a global issue that continues to increase. SIMFONI PPA data shows an increasing trend in cases of violence against women in Indonesia, with 11,712 victims in 2023. The purpose of this study is to explain how the UPTD PPA of Blitar City implements a policy of handling services for cases of violence against women and find obstacles faced in its implementation. Talcott Parsons' structural functional theory is used to analyze how social systems function in the context of protecting women to maintain stability and balance in society. This study uses qualitative, descriptive methods with data collection techniques through participatory observation, interviews, and documentation. The results are that the UPTD provides six services for protecting women and children, namely complaints, outreach, case management, shelter, mediation, and assistance. Then referring to PERPRES No. 55 of 2024, the number of services has been increased to eleven. However, social challenges such as negative stigma and limited human resources hinder policy implementation. Therefore, UPTD PPA Kota Blitar continues to strive to provide comprehensive services by involving external parties for legal and psychological assistance which then emphasizes the importance of increasing capacity and human resources to ensure effective protection services for victims of violence at the local level.

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.