Relevant bibliographies by topics / Rape victims Indonesia

Academic literature on the topic 'Rape victims Indonesia'

Author: Grafiati
Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Rape victims Indonesia"

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Fadlia, Faradilla, and Ismar Ramadani. "The Qanun Jinayat Discriminates Against Women (Victims of Rape) in Aceh, Indonesia." Journal of Southeast Asian Human Rights 2, no. 2 (December 1, 2018): 448. http://dx.doi.org/10.19184/jseahr.v2i2.8358.

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This paper seeks to see how the Qanun Jinayah discriminates against women who are victims of rape. In Qanun Jinayah in article 52, paragraph 1, explain that the victim of rape must include evidence at the time of report. The Qanun Jinayah clearly makes a double burden on the victims where women victims of rape must present evidence and witnesses. Whereas in the criminal law (KUHP), evidence and witnesses are the responsibility of the investigator. This study seeks to see how the discriminatory impacts experienced by victims (women) after the Qanun Jinayah is implemented. Furthermore, this paper uses qualitative method with in-depth interview. The hypothesis of this paper is that Qanun Jinayah has discriminated against women especially the victims of rape and this allows the occurrence of injustice and violation of human rights.
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Prakarsa, Aliyth, and Rena Yulia. "Examining Victim Precipitation in Determining a Suspect (A Case Study of Marital Rape That Ended in Death)." Lambung Mangkurat Law Journal 7, no. 1 (March 31, 2022): 59–73. http://dx.doi.org/10.32801/lamlaj.v7i1.307.

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Marital rape is part of the form of rape in domestic violence. Its limited characteristics in the family sphere and cultural construction make marital rape sometimes escapes the attention of victims and also the community. In Indonesia, marital rape is still considered as abnormally and impossible incident, it is considered as impossible act for a husband to rape his own wife or vice versa. In several cases had occurred in Indonesia, marital rape become a trigger for physical violence that led to murder (homicide). For example in the two cases of homicide has occurred in Serang City in 2021 and Cilegon 2019. In these two cases, marital rape occurred which led to murder or loss of life. This paper will examine women who are victims of marital rape who are designated as murder suspects, a case study in Serang City. This study uses a normative legal research method with a statutory approach and cases approach. The results of this study indicate that the determination of woman victims of marital rape as murder suspects in the perspective of victimology does not consider the perspective of the victim's role in the occurrence of a crime. There are two criminal acts happening simultaneously; marital rape and murder. First, the husband as the perpetrator of marital rape against his wife who later becomes a victim of murder due to self defense (the second case). Therefore, in the theory of victim precipitation, the victim plays a role in creating the crime it-self. The causes of marital rape victims who later become perpetrators of murder must also be considered about. The role of the perpetrators of marital rape is active participation which then resulted in his death. The things that attend in this situation must and need to be considered by law enforcement officials, from the first thing when conducting an investigation. This will affect the next law enforcement process. Therefore, victim precipitation must be considered by investigators in reviewing the chronology of the case before determining the suspect in order to fulfill the rights and protection of the actual victims.
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Pradana, Firdaus Pria, Rahtami Susanti, and Bayu Setiawan. "LEGAL PROTECTION OF ABORTION ABUSERS IN THE PREGNANCY OF RAPE IN INDONESIA." UMPurwokerto Law Review 1, no. 1 (August 5, 2020): 9. http://dx.doi.org/10.30595/umplr.v1i1.8053.

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Abortion is prohibited except on the basis of indications of medical emergencies and pregnancy due to rape as regulated in Article 75 paragraph (2) of Law Number 36 the Year 2009 Concerning Health. Nevertheless, there are some cases where rape victims who abort their womb are found guilty of violating Article 346 of the Criminal Code. This study discusses the legal protection of abortionists in pregnancy due to rape. The purpose of this study was to analyze the legal protection of victims of rape who had an abortion (abortion provokes). The research method used is a normative juridical approach that is through literature studies that examine secondary data in the form of legislation and other legal documents, research results, results of studies, and other references. The results of this study are that rape victim who did an abortion were not convicted in accordance with Article 75 paragraph (2) of Law Number 36 of 2009 concerning Health and the existence of pre and post-abortion counseling in accordance with Article 37 of Government Regulation Number 61 of 2014 concerning Reproductive Health.Keywords: Legal protection, Abortion, the rape victim
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Dewi, Aida, Khudzaifah Dimyati, Natangsa Subakti, Absori Absori, and Siti Syahida Nurani. "Legal Protection for Rape Victims in Indonesia: Seeking an Ideal Concept." Al-Risalah 21, no. 1 (June 30, 2021): 121. http://dx.doi.org/10.30631/al-risalah.v21i1.791.

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This paper analyzes and provides advice on legal protection for rape victims in Indonesia in transcendental, restorative law, and responsive law perspectives. These perspectives are compared and combined in an effort to seek an ideal concept. The implication of this paper is to provide advice for an ideal concept of legal protection for victims of rape in an Indonesian context. This paper uses a normative juridical approach with a legal interpretation method. This paper concludes that law enforcement against perpetrators of rape in the Indonesian context can employ transcendental, restorative law, and responsive law approaches. However, in an effort to find an ideal concept, the transcendental perspective of maṣlaḥah mursalah which considers benefits for the public and prevents harm is more suitable for use in Indonesia’s pluralistic society. This is because, in addition to emphasizing moral, ethical, and religious values ​​in law enforcement, the approach will prevent recurrence of cases through handing out severe punishment to perpetrators of rape and providing physical and psychological rehabilitation to victims to make it in line with restorative justice in which victims get the right to recover physically and mentally without reducing the punishment for rape perpetrators.
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Paramuditha, Citra. "Efforts to Protect Victims of Rape Crime: Law and Society Study." Semarang State University Undergraduate Law and Society Review 2, no. 2 (July 30, 2022): 155–80. http://dx.doi.org/10.15294/lsr.v2i2.53753.

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Victims of rape often do not get adequate rights and legal protection. In many cases of rape, the law is not able to fully accommodate the rights of the victim, the law is only limited to fulfilling the desire to punish the perpetrator. The complexity of the legal process usually makes victims prefer the peaceful path. Even though the injuries received by the victim have a serious impact even for the future of the victim. Moreover, many rape cases have reached court but the perpetrators have not been sentenced to the maximum penalty as stated in the Criminal Code. This study is intended to analyze and examine the victim of rape protection in the context of law and society. The study analyzes and compares some related laws concerning to victim protection, women protection, child protection, and human right protection in national context of Indonesia.
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Gayatri, Putu Ayu, Sagung Putri M. E. Purwani, and I. Gusti Ngurah Nyoman Krisnadi Yudiantara. "FORMULASI KEBIJAKAN PIDANA INDONESIA TERHADAP PELAKU PEMERKOSAAN LAKI-LAKI." Kertha Semaya : Journal Ilmu Hukum 10, no. 7 (June 2, 2022): 1574. http://dx.doi.org/10.24843/ks.2022.v10.i07.p09.

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Tindak pidana dapat terjadi terhadap siapa saja tidak memandang jenis kelamin seseorang, hal tersebut berlaku pula terhadap tindak pidana pemerkosaan. Pemerkosaan yang selama ini identik dengan perbuatan persetubuhan dengan pemaksaan terhadap perempuan, namun tidak menutup kemungkinan laki-laki juga menjadi korban pemerkosaan. Guna melindungi hak asasi manusia dari ancaman kekerasan seksual, tindak pidana pemerkosaan harus diatur secara umum yakni berlaku korban laki-laki dan perempuan. Adapun permasalahan yang diangkat dalam penelitian ini yakni bagaimana formulasi kebijakan hukum pemerkosaan terhadap laki-laki yang berlaku saat ini dan formulasi kebijakan hukum pemerkosaan laki-laki di masa mendatang di Indonesia. Metode penelitian yang digunakan dalam penelitian ini adalah penelitian hukum normatif. Hasil dari penelitian ini yakni pemerkosaan terhadap laki-laki belum diatur dalam KUHP maupun aturan manapun. Pasal yang sering dijatuhkan dalam tindak pidana kesusilaan terhadap laki-laki yakni pasal 289 KUHP tentang perbuatan cabul. Pemerkosaan terhadap anak laki-laki tidak diatur pula dalam KUHP namun yang diatur adalah perbuatan cabul. Undang-Undang Perlindungan Anak memberikan rumusan larangan terhadap pemerkosaan terhadap anak. Formulasi kebijakan hukum pemerkosaan laki-laki di masa mendatang di Indonesia dapat dilihat pada rumusan KUHP. Pemerkosaan dalam RKUHP tidak memandang gender pelaku atau korban sehingga dalam Rancangan KUHP memberikan perlindungan bagi laki-laki sebagai korban pemerkosaan. Crime can happen to everyone regardless someone’s gender, including rape crime. Rape has been known as crime that the victim is a woman, but it is possible that men can be victims in rape crime too. In order, to protect human rights from sexual violence, The crime of rape, both men and women who are victims, must be considered. The problems in this study are : what are the legal arrangements regarding the crime of rape that currently apply in Indonesia and how are the formulation of the male rape law policy in the future (ius constituendum) in Indonesia. This research used normative legal research method. The result of this study is that rape of men has not been. The article that is often imposed in criminal acts of decency against men is Article 289 of the Criminal Code of Indonesia concerning obscene acts. Against boys, there is not regulated in Criminal Code of Indonesia, but the regulation about it found in Act Number 23 of 2002 juncto Act Number 35 of 2014 about Child Protection. The future legal policies about male rape legal policies can be seen in the Criminal Code Layout (RKUHP). Rape in Criminal Code Layout (RKUHP)does not look at the gender of the criminals or victims, so Criminal Code Layout (RKUHP) provides protection for men as victims of rape.
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Dharmapadmi, Ni Luh Putu Sri Laksemi, Anak Agung Sagung Laksmi Dewi, and L. Made Minggu Widyantara. "Tanggung Jawab Pidana Korban Pemerkosaan Aborsi Janin Ditinjau dari Perspektif Hak Asasi Manusia." Jurnal Konstruksi Hukum 2, no. 2 (May 2, 2021): 283–89. http://dx.doi.org/10.22225/jkh.2.2.3223.283-289.

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Indonesia is a Legal State whose all aspects of citizens' lives are always rules and norms, be it sanctions or legal responsibilities that participate in growing in society. Responsibilitycan not only be imposedon the wrong-maker but the victim can shoulder this. From the statement, there are problems, namely the legal protection of victims of fetal abortion rape reviewed from a human rights perspective and criminal sanctions againstfetal abortion perpetrators based on human rights. This study aims to determine how the law of covering rape victims who perform fetal abortion. This writing uses the normative legal writing method where the writing is about principles, norms, and rules. In this writing the rape victim who decided to abort her fetus, this certainly makes the responsibility carried also by the victim who abortions her fetus caused by rape and makes the pregnancy that is not stopped that leads to abortion. Surely this is very contrary to the criminal law as well as the human rights of thefetus. Thispaper describesthat the responsibility of rape victims to the fetus abortion can be seen in terms of the human rights of a fetus and the victim himself.
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MAHAYANA, KADEK JIYOTI, I. Nyoman Putu Budiartha, and I. Made Minggu Widyantara. "Tindak Pidana Pengguguran Kandungan Oleh Korban Perkosaan dalam Pembaharuan Hukum Pidana Indonesia." Jurnal Konstruksi Hukum 2, no. 1 (March 1, 2021): 138–43. http://dx.doi.org/10.22225/jkh.2.1.2983.138-143.

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Abortion is a very contradictory problem, of course there are also those who support and those who oppose abortion, which often affects women who experience pregnancy as a result of rape, because women who are aborted who abort abortion also need attention to their psychological condition that is traumatized regarding events that have happened to him. As for the problems faced, namely: Protection in the Criminal Code against victims of rape who had an abortion? And How does the crime of miscarriage by the victim due to rape in the renewal of the Criminal Law Act? The type of research used is normative research and conceptual approach. Where in the results of this study it can be seen that the legal protection of rape victims who have aborted content in the Criminal Code has been neglected by clearly prohibiting all abortion activities either at the request of the woman herself or with the help of others described in Article 346 to Article 349 of the Criminal Code but there are exceptions where women who are victims of rape who have had an abortion which can cause psychological trauma whose arrangements are set out in law no. 36 of 2009 Article 75 paragraph (2). In the Renewal of Criminal Law Regulations on abortion are regulated in the Criminal Code 2019 of Chapter XXI included in the Criminal Acts against Lives Part Two concerning Abortion of Article 470 to Article 472 RUUKUHP 2019.
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Fitri Z, Yenny. "PROBLEMATIKA PELAKSANAAN ABORSI BAGI KORBAN PERKOSAAN DALAM UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN." JCH (Jurnal Cendekia Hukum) 5, no. 1 (September 30, 2019): 160. http://dx.doi.org/10.33760/jch.v5i1.205.

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Rape is a frightening crime for women because the impact of rape is not only felt when the crime is committed, but also affects the future. One of them is an unwanted pregnancy. For rape victims, the choice of continuing an unwanted pregnancy or having an abortion is an equally difficult choice. Basically, abortion is clearly a prohibited act, both legally, morally, ethically, decently, and religiously. Although prohibited, abortion cases in Indonesia actually show an increase every year. In response to the problem of abortion for victims of rape, the government has given birth to Law Number 36 of 2009 concerning Health. However, since the legal umbrella was born, it has been minimal and in fact there have been almost no rape victims who have used this safe abortion practice as a way to abort their unwanted abortion. This happens because of problems in the field of practice, it is not as easy as the description of the theory set forth in the legislation. While almost every day rape victims continue to fall in all parts of Indonesia. To answer this problem, the author conducts research using normative juridical methods. Thus it is expected to be able to find problems or problems in the implementation of abortion for victims of rape based on Law Number 36 of 2009 concerning Health. The research shows that there are three problems in Law Number 36 Year 2009 regarding Health which makes it difficult for rape victims to obtain safe and legal abortion services. These problems include the maximum obstetrical age of 40 days for abortion for rape victims to be considered too short, the Ministry of Health has never prepared training requirements for medical personnel and counseling training for abortion for rape victims, then health services that meet the conditions set by the Minister is still very limited and cannot be easily accessed in any part of Indonesia. Therefore, the problematic implementation of legal and safe abortion for rape victims found in the Health Act must be immediately corrected, so that rape victims do not return to become victims due to the implementation of unsafe illegal abortion practices.
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Hengki, Ervin. "RECONSTRUCTION PROTECTION OF LAW OF VICTIMS OF VICTIMS BASED ON JUSTICE VALUES." Jurnal Pembaharuan Hukum 4, no. 3 (December 15, 2017): 272. http://dx.doi.org/10.26532/jph.v4i3.2323.

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The crime of rape is the most difficult case in the settlement, either at the stage of investigation, prosecution, or at the stage of the adjudication of the verdict. Legal protection of victims of criminal rape in positive law in Indonesia is currently not based on the value of justice, because there are still weaknesses, namely the weakness of the law, the weakness of the approach / way of thinking of law enforcers, as well as the weaknesses during the criminal justice process.
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Dissertations / Theses on the topic "Rape victims Indonesia"

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Sulistyaningsih, Ekandari Oratai Rauyajin. "Adolescent acquaintance rape survivors' experience of unwanted pregnancy : a study of perception, decision making, effects, and women's strategies in Yogyakarta, Indonesia /." Abstract, 2005. http://mulinet3.li.mahidol.ac.th/thesis/2548/cd376/4637970.pdf.

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Book chapters on the topic "Rape victims Indonesia"

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Chong, Wu-Ling. "Local Ethnic Chinese Business." In Chinese Indonesians in Post-Suharto Indonesia, 97–119. Hong Kong University Press, 2018. http://dx.doi.org/10.5790/hongkong/9789888455997.003.0005.

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This chapter explores the illegal or semi-legal means Chinese Indonesian businesspeople tend to adopt to gain and protect their business and personal interests in the post-Suharto era. These business practices in turn perpetuate and reproduce the corrupt and muddy business environment, as well as the predatory political-business system. They also reproduce and reinforce stereotypes of the Chinese as wealthy, corrupt, and opportunistic, the perfect targets of extortion. Although there are also Chinese businesspeople who refuse to be victims of extortion and choose to fight against these illegal practices, such businesspeople are rare. If one wishes to see more Chinese Indonesian businesspeople who refuse to be extorted and do not get involved in illegal and semi-legal practices, a better-enforced rule of law must be in place.
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Conference papers on the topic "Rape victims Indonesia"

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Liyus, Herry. "Legal Protection for Children Victims of Rape Comparative Study Between Indonesia and Malaysia." In Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200529.259.

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Umami, Habiba, Asni Furaida, and Mazroatul Ishlahiyah. "Linguistic Inquiries of Unjust Sentence of Victim’s Rape: A Defense from Media." In Proceedings of the 2nd International Conference on Quran and Hadith Studies Information Technology and Media in Conjunction with the 1st International Conference on Islam, Science and Technology, ICONQUHAS & ICONIST, Bandung, October 2-4, 2018, Indonesia. EAI, 2020. http://dx.doi.org/10.4108/eai.2-10-2018.2295549.

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Nursiti, Nursiti, Roslaini Ramli, and Anta Utami. "Criminalization of Child Victim of Rape in Qanun Jinayat (Study of the Lhoksukon Sharia Court Decision Number 10/JN/2020/MS-LSK)." In Proceedings of the 1st International Conference on Gender, Culture and Society, ICGCS 2021, 30-31 August 2021, Padang, Indonesia. EAI, 2022. http://dx.doi.org/10.4108/eai.30-8-2021.2316380.

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