Journal articles on the topic 'Rape victims Indonesia'
To see the other types of publications on this topic, follow the link: Rape victims Indonesia.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Rape victims Indonesia.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
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.
Full textAbstract:
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.
2
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.
Full textAbstract:
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.
3
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.
Full textAbstract:
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
4
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.
Full textAbstract:
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.
5
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.
Full textAbstract:
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.
6
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.
Full textAbstract:
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.
7
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.
Full textAbstract:
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.
8
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.
Full textAbstract:
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.
9
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.
Full textAbstract:
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.
10
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.
Full textAbstract:
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.
11
Sanger, Penggalang Daud Yoop, and Anak Agung Ngurah Wirasila. "URGENSI PEMBAHARUAN HUKUM PIDANA UNTUK MELINDUNGI LAKI-LAKI KORBAN TINDAK PIDANA PERKOSAAN DI INDONESIA." Kertha Semaya : Journal Ilmu Hukum 10, no. 7 (May 29, 2022): 1478. http://dx.doi.org/10.24843/ks.2022.v10.i07.p02.
Full textAbstract:
Kejahatan yang melibatkan kekuatan dan kekerasan mengalami pergeseran di mana dalam kehidupan bermasyarakat ditemukan adanya kasus-kasus dan jajak pendapat terkait perkosaan terhadap laki-laki. Akan tetapi, pandangan atas laki-laki menghambat korban perkosaan terhadap laki-laki bersuara. Hukum sebagai pemberi keadilan dan kepastian seharusnya bisa berdiri di atas pandnagan tersebut, sehingga laki-laki korban perkosaan mendapat haknya secara penuh. Berdasarkan hal tersebut permasalahan yang diusung dalam penulisan ini adalah bagaimana pengaturan hukum pidana terkait perkosaan atas laki-laki di Indonesia. Penelitian ini menggunakan metode penelitian normatif melalui jenis pendekatan perundang-undangan, pendekatan kasus, dan perbandingan. Hasil dari penelitian ini ditemukan bahwa ada kekosongan norma di dalam hukum pidana di Indonesia, karena Pasal 285 KUHP sebagai dasar hukum yang mengatur tentang perkosaan hanya melibatkan perempuan sebagai korbannya, sehingga pembahruan hukum pidana perlu dijadikan urgensi agar laki-laki korban perkosaan mendapatkan perlindungan.
Crimes involving force and violence underwent a shift where in social life there were cases and opinion polls related to the rape of men. However, the stigma against men prevents victims of rape against men from speaking out. The law as a giver of justice and certainty should be able to stand above this stigma, so that male victims of rape get their full rights. Based on this, the problem that is carried out in this article is how to regulate criminal law related to rape of Indonesia. This research used normative research method through the types of statutory approaches, case approaches, and comparisons. The results of this study found that there is a norm vacuum that occurs in Indonesian criminal law, because in the Article 285 of the Criminal Code which regulates rape only involves women as victims, so that criminal law reform needs to be made urgency so that male rape victims get protection.
12
Situmorang, Jenny Rahayu Afsebel, and Vinita Susanti. "The Role of Victim’s Assistant to Prevent Secondary Victimization : Case Women Victim of Marital Rape." HUMANISMA : Journal of Gender Studies 5, no. 2 (December 31, 2021): 106. http://dx.doi.org/10.30983/humanisme.v5i2.4709.
Full textAbstract:
<p><em>Women (wives) is the most hidden victim of marital rape. Regarding this issue, we argue that women victims need victim assistance to prevent secondary victimization. This article is based on a literature review with a qualitative approach. Turning to marital rape cases in Indonesia, women's victims get harmful impacts in physiological and physical.</em><em> </em><em>Women victims of marital rape in Tanjung</em><em> </em><em>Priok, Bali, Pasuruan, and "L" are some of them. We conclude that the government and other stakeholders need to provide victim assistance for women victims of marital rape in mental and physical health, legal services (advocacy), economic empowerment, campaign, and particular public services spaces. The first thing to do is mental and physical health, but the next part, like legal services, is essential to prevent secondary victimization. Therefore, campaign to build awareness from society is essential to prevent stigmatization for women victims of marital rape. Finally, to implementing the role of victim assistant to prevent secondary victimization in marital rape cases needs unity for people by people and institution by institution. It is needed the same standpoint about marital rape.</em><em> </em><em></em></p><p> </p><p class="abstrak">Perempuan (secara khusus istri) merupakan korban tersembunyi dari pemerkosaan dalam pernikahan (<em>marital rape). </em>Menanggapi hal tersebut, menjadi penting untuk mempertimbangkan peran pendampingan korban atau <em>victimassistance </em>untuk menghindari viktimisasi sekunder (<em>secondary victimization). </em>Adapun artikel ini berdasarkan penelusuran literatur (<em>literature review) </em>dengan pendekatan kualitatif. Mengacu pada kasus <em>marital rape </em>yang dialami perempuan (istri) di Indonesia, maka hal tersebut berdampak buruk secara fisik maupun psikologis. Perempuan di Tanjung Priok, Bali, Pasuruan dan “L” merupakan contoh korban <em>marital rape. </em>Kesimpulan tulisan ini yaitu mendorong pemerintah dan pihak terkait agar segera menyediakan layanan pendampingan perempuan korban <em>marital rape </em>secara fisik, psikologis, bantuan hukum, pemberdayaan ekonomi, kampanye dan layanan di ruang publik. Hal yang pertama dilakukan adalah pendampingan layanan fisik dan mental. Kemudian, membangun kesadaran publik agar perempuan korban <em>marital rape </em>tidak distigmatisasi. Akhirnya, untuk menerapkan peran <em>victimassistant </em>sebagai pencegahan <em>secondary victimization </em>bagi perempuan korban <em>marital rape </em>membutuhkan kesatuan dari berbagai pihak dan lembaga. Persepektif yang sama terkait <em>marital rape </em>jelas dibutuhkan.</p><br /><br />
13
Farida, Farida, and Sri Kusriyah. "Legal Protection against Women Which Do Criminal Actions of Abortion from Victims of Rape for Justice." Jurnal Daulat Hukum 3, no. 4 (January 17, 2021): 386. http://dx.doi.org/10.30659/jdh.v3i4.13108.
Full textAbstract:
This study aims to identify and describe the legal protection of women perpetrators of the crime of abortion, victims of rape based on positive law in Indonesia in order to realize justice. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The results of this study are legal protection for women perpetrators of abortion, victims of rape based on positive law in Indonesia to achieve justice that in Article 48 of the Criminal Code that the perpetrator's actions are committed due to coercion, then they will not be convicted. The perpetrator was released from punishment on the grounds of forgiveness, whereas in the Republic of Indonesia Act No. 36 of 2009, that abortion is allowed due to indications of a medical emergency that threatens the life of the mother and pregnancy due to rape, given the trauma caused by rape that must be experienced by women who are victims of rape is very severe.
14
Soares, Fransisco Luis, and Nathanael Bagas Setyawan. "Protection of Victims of Sexual Harassment in Indonesia: A Legal and Victimological Aspect." Semarang State University Undergraduate Law and Society Review 3, no. 1 (January 17, 2023): 27–46. http://dx.doi.org/10.15294/lsr.v3i1.53761.
Full textAbstract:
Sexual harassment is often a problem in social life in Indonesia. The reason is that according to legal records, violence against girls (KTAP) has increased by 2,341 cases, compared to 1,417 the previous year. The increase from the previous year was 65% and the most cases were cases of incest and added to cases of sexual violence (571 cases) while sexual violence against women with disabilities increased by 47% compared to last year and the most victims were intellectual disabilities. Sexual harassment can be in the form of inappropriate behavior or rape. According to WHO in 2006 every day in the world there are women who are harassed, raped or beaten. The Indonesian Criminal Law (KUHP) which regulates this does not have a proper function, because the rules contained in it are incomplete on this issue. Sexual harassment may not cause physical pain and the like, but it can be emotionally harmful. It is very often that sexual harassment cannot be caught because Indonesian laws are imperfect in dealing with this issue. The concept of harassment in Indonesian law has reduced the significance of the harassment experienced by the victim, and therefore cannot bring justice to the victim.
15
Danica, Angeline, Novita Aristyana, Charine Elsina Natalia Tahapary, and Ramadhanis Samadi. "Kriminalisasi Marital Rape: Eksistensi dan Pembuktiannya." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 25, no. 01 (August 1, 2022): 1–10. http://dx.doi.org/10.24123/yustika.v25i01.4808.
Full textAbstract:
Abstract
Generally, marriage is a moment of happiness, but it cannot deny that when marriage occurs, it brings misery in it such as Domestic Violence. There are several causes of Domestic Violence which split into various aspects, and one of them is sexual violence. This often makes the wife in a weak position or has a more inferior position, making her victim of her husband. The marital status that binds the wife as the victim and the husband as the perpetrator should not abolish the woman's rights over her body. The wife's position as a victim causes her physical and psychological traumatization, making the community also take responsibility by providing moral support. Not necessarily blaming the victim and justifying the behaviour of the perpetrator because it is still considered forbidden for the community to interfere in household matters. Any form of violence and its occurrence is not something that can be accepted and justified in the rule of law in each country. Therefore, the purpose of this paper is to discuss acts related to sexual harassment without the victim's consent even in a marriage bond, known as marital rape. In Indonesia, the criminal act of domestic violence is regulated in Act No. 23 of 2004, which concerns the elimination of domestic violence, requires a clear and firm implementation, because the law must provide protection to victims and the accountability of perpetrators of such violence must be adjusted to the applied laws and regulations.
16
Hosana, Yolanda. "Victim Impact Statement sebagai Perlindungan Hukum Korban Kekerasan Seksual." Jurist-Diction 5, no. 3 (May 30, 2022): 1171–84. http://dx.doi.org/10.20473/jd.v5i3.35812.
Full textAbstract:
Abstract The victim is most harmed by the existence of a crime. unfortunately, law enforcement regarding victims in the Indonesian legal system has not been optimized. Under the auspices of the Law on the Protection of Witnesses and Victims, only victims of certain crimes are protected. Rape is a crime that creates trauma, not only about the rape but also about the deprivation of a person's human right to freedom. Victims need to get recovery from the crime they experienced. In some countries, it is known as the Victim Impact Statement, which is an effort to protect the victim to be able to present the information he wants to convey at the trial regarding the impact he has received for the crime he has experienced, both physical, psychological and financial impacts. Keywords: Victim; Victim Impact Statement; Protection; Law; Impact. Abstrak Korban adalah pihak yang paling dirugikan atas adanya suatu kejahatan. Namun sayangnya, Penegakan Hukum tentang korban dalam Sistem Hukum di Indonesia masih belum optimal. Dibawah naungan Undang-Undang Perlindungan Saksi dan Korban, korban yang dilindungi hanyalah korban atas tindak pidana tertentu saja. Perlindungan yang diberikan juga hanya dapat diberikan kepada korban yang telah mendapatkan persetujuan dari Lembaga Perlindungan Saksi dan Korban (LPSK) dan tidak serta merta perlindungan tersebut dapat dijangkau oleh korban. Pemerkosaan adalah kejahatan yang menciptakan trauma, bukan hanya pada perkosaanya namun juga pada perampasan hak asasi manusia atas kemerdekaan yang dimiliki seseorang. Korban perlu untuk mendapat pemulihan dari kejahatan yang dialaminya. Di beberapa negara, dikenal Victim Impact Statement yang adalah upaya perlindungan korban untuk dapat mengemukakan keterangan yang ingin ia sampaikan di persidangan mengenai dampak yang ia terima atas tindak pidana yang dialaminya, baik dampak secara fisik, psikologis hingga finansial. Kata Kunci: Korban; Victim Impact Statement; Perlindungan; Hukum; Dampak.
17
Hidayat, Taufik, Rika Susanti, and Citra Manela. "5 Years Retrospective Study of Child Sexual Abuse at Dr. M. Djamil Hospital Padang Indonesia." Journal of Midwifery 5, no. 1 (February 22, 2021): 45. http://dx.doi.org/10.25077/jom.5.2.45-54.2020.
Full textAbstract:
Introduction. The purpose of this study was to analyze the profile of child sexual abuse cases. Methods. The research design was a cross-sectional analytic method. Data were obtained from medical records of child sexual abuse at Dr. M. Djamil Hospital Padang from 2012 to 2016. The sample was 114 medical records of child sexual abuse. Results. The highest incident was in the year of 2015 (28.9%). The highest age range of the victims was 11-18 years old (66.7%). Most victims were junior high school students (27.2%). The highest incident was rape (38.6%). Many of the victims were assaulted by 1 perpetrator (85.1%). An intact hymen was found in 20.2% cases and the highest non-intact hymen was old complete laceration (27.2%), The highest external genitalia examination result was no injuries (69.3%). Most of the victims had previous sexual experience (31.6%). The most commonplace of sexual abuse was the perpetrator's house (21.9%). The boyfriend was the highest rank of the sexual perpetrator (27.1%). There was a significant relationship between child sexual abuse category and status of the hymen (p=0.00). Conclusion. Child sexual abuse categorized as molestation, rape and consent sex, while rape was the highest incident of child sexual abuse. There were various hymen lacerations had found in the victims of child sexual abuse.
18
Ariyad, Fikri, and Ali Masyhar. "Abortion by Rape Victim: A Dilemma in the Drat of Penal Code and Indonesian Health Law." Journal of Law and Legal Reform 1, no. 4 (July 31, 2020): 631–40. http://dx.doi.org/10.15294/jllr.v1i4.39659.
Full textAbstract:
In this present time, the debate about abortion in Indonesia is increasingly crowded. Abortion is also carried out by women - victims of rape to reduce the burden they suffered. The regulation on abortion in Indonesia has been regulated in the statutory regulations, namely the Criminal Code, especially in Article 346, Article 347, Article 348, and Article 349. In the RKUHP (Draft of Criminal Code), abortion regulation is regulated in two chapters namely, Chapter XIV Article 501 and Chapter XIX Articles 589, 590, 591, 592. In addition, the government has also issued several regulations governing abortion such as Government Regulation No. 61 of 2014 concerning Reproductive Health and also Law No. 36 of 2009 concerning health. However, the various regulations that exist between the Criminal Code, RKUHP, PP and the Act actually contradict to each other. There is no synchronization between the regulations regarding abortion by women rape victims. The KUHP and RKUHP clearly do not allow abortion in Indonesia and do not legalize it without any exception, including abortion carried out by women victims of rape. Whereas in Law Number 36 of 2009 concerning health, abortion can be carried out on an indication of medical emergencies and pregnancy due to rape that causes psychological trauma, so abortionists cannot be prosecuted as criminal.
19
Arsad, Jamal Hi, and Faisal Faisal. "The Rights of Women and Children Victims of Rapes: Study at Ternate Resort Police." International Journal of Social Science Research and Review 5, no. 10 (October 7, 2022): 359–71. http://dx.doi.org/10.47814/ijssrr.v5i10.635.
Full textAbstract:
This study aims to analyze the accommodation rights of victims of the crime of rape during the investigation process at the Ternate Police anda form of legal effort in the criminal justice system in Indonesia to provide protection against the crime of rape. The type of research used in this studyis an empirical research method as a starting material for researchers to approach the law, concept approach, and case approach. Therefore,in this research through literature study and field study by conducting interviews.The characteristics of this study are entirely using primary data, consisting of primary legal materials; secondary legal materials; as well as tertiary legal materials.
The results showed thateffortLegal protection provided for victims of underage sexual intercourse and rape in the criminal justice system is carried out through a approachpreventive and repressive efforts carried out, both by the community and the government (through law enforcement officers), such as providing protection/supervision from various threats that can endanger the lives of victims, providing adequate medical and legal assistance, examination and judicial processes.
That the accommodation of children's rights as victims of underage sexual intercourse and women as victims of rape during the investigation process at the Ternate Police is in accordance with the positive law applicable in the criminal justice system.
20
Feronica, Amira Sekar Putri, and Edwin Hartanto Honggare. "Are there legal consequences from procedural mistakes in handling child sexual abuse victims in Indonesia?" International Journal of Research in Business and Social Science (2147- 4478) 11, no. 1 (February 14, 2022): 263–72. http://dx.doi.org/10.20525/ijrbs.v11i1.1598.
Full textAbstract:
The alleged rape case of a child at East Luwu in 2019 was terminated due to lack of evidence. Because of the news from mass media, the case was reopened in 2021 but was obstructed due to the need to wait for new evidence. This article does not discuss the evidence but highlights the procedure for handling child sexual victims that are used by several institutions. There are several institutions that can be involved in helping accompany and handle cases involving children as victims. At regional levels, there is the Integrated Service Center for the Empowerment of Women and Children (P2TP2A) whose duty is to give information, consultation on psychology and law, accompaniment and advocation, and services on medication and shelter. And the National Police of the Republic of Indonesia has the authority to start handling a criminal case. According to news from Vice.com, the case at North Luwu was originally reported by the victim’s mother to The Integrated Service Center for The Empowerment of Women And Children East Luwu. The officer then summoned the victim’s father who was the suspect. The officer reasoned that the mother’s report needed to be confirmed. The victim’s mother then reported the case to East Luwu Police Station. The police did an investigation, without the parents, law advisors, social workers, or even psychologists. This case then snowballed, and the evidence was put into question, without many highlights to the handling procedure that was used by The Integrated Service Center for The Empowerment of Women And Children officers and police force. How should the procedure on handling the child sexual victim have been done? If a mistake in the handling procedure occurred, are there any legal consequences? This article was developed as normative research, using statutory regulations, research results, and the opinion of law experts, as well as case progression from credible mass media.
21
Prakoso, Andria Luhur, and Kuswardani. "Sexual Violence in The Framework of Criminal Law (Comparative Study Of Laws Against Rape)." SALASIKA: Indonesian Journal of Gender, Women, Child, and Social Inclusion's Studies 1, no. 1 (February 28, 2018): 39–52. http://dx.doi.org/10.36625/sj.v1i1.5.
Full textAbstract:
Crime or violence directed against women is distinct from crime in general. The characteristics of the crime include women victims, their acts against women's rights, and causing harm in the form of physical, psychological, and/or sexual. A year after Indonesia’s independence, this crime against women was regulated along with other crimes in the Criminal Code (Penal Code) through Act No. 1946. 1 on the Rule of Criminal Law, but not by using a special title with a woman's name. Accordingly, the Criminal Code, which according to history is a Dutch colonial heritage, needs to be reformed to become a better Criminal Code. This paper tries to explain the regulation of violence against women in the form of criminal acts of rape in various countries namely Malaysia, India and the Netherlands. This study is normative legal research with a comparative approach. The author will compare the substance of criminal law in the three Criminal Codes. In doing the comparison, the author focuses on the object of criminal law review, especially on the side of the act and penal sanctions.
Based on the study descriptions of several foreign Criminal Codes (Malaysia, India, and the Netherlands), there are several different things in the rape arrangements in the Criminal Codes. The difference is that in Malaysia and India, the Criminal Code does not distinguish between rape (rape) and Cabul (lewd). Only the arrangement is formulated with intercourse with consent. The types of rape in India and Malaysia are more varied than the Dutch, both in terms of the act, the aspect of the perpetrator and the victim aspect. Nevertheless, the Indonesian Criminal Code is simpler than the Dutch Criminal Code. Malaysian Criminal Code has the most serious penal sanction compared to the other foreign countries (India and the Netherland) and Indonesia. The study of these three different laws in these three countries can open our eyes to reformulate the rape which is more extensively formulated from the aspects of the actions and aspects of the victims with reference from the foreign Criminal Code, and this simple study can be an input of legal material to be processed in accordance with the Nation's values Indonesia.
22
Susilowati, Ellya, and Krisna Dewi. "Cognitive Behaviour Therapy to Overcome Trauma of A Child Sexual Abuse Victim in Bandung-Indonesia." Asian Social Work Journal 4, no. 1 (February 18, 2019): 20–28. http://dx.doi.org/10.47405/aswj.v4i1.78.
Full textAbstract:
Cognitive Behavior Therapy (CBT) is a micro social work intervention technique that can reduce trauma experience by victims of sexual violence, including children. The purpose of this study was to examine and analyze the application of CBT interventions in dealing with the trauma as experienced by a 10-year-old girl, a victim of sexual violence, who gets help from the Child Protection Agency (LPA) in Bandung. This study used experimental approach with Single Subject Design (SSD) with A-B measurement technique to show the impact of the interventions result. Trauma indications that are intervened with the CBT model are the fear of being alone, nightmare, and sadness when hearing the words related to rape or sexual violence. CBT interventions carried out in this study are performed by providing psychoeducation, relaxation, helping the victim to express feelings, teaching coping skills, and in vivo exposure. The results of CBT interventions indicated changes in the reduction in frequency of trauma indications in children who are victims of sexual violence. This proves that CBT interventions can be performed to reduce the trauma experienced by the 10-year-old victim of sexual violence. The recommendation that can be suggested based on the results of this study are; CBT should be carried out with a more complete session and give reinforcement to parents about mentoring traumatic child victims of sexual violence
23
Lestari, Anna Puji. "Blaming the Victim: Alienasi Gender dalam Media Online." Jurnal Ilmu Dakwah 39, no. 2 (December 5, 2019): 197. http://dx.doi.org/10.21580/jid.v39.2.3999.
Full textAbstract:
<p>Bebagai data menunjukkan bahwa jumlah kasus pemerkosaan di Provinsi Jawa Tengah masih tergolong tinggi sehingga perlu mendapat perhatian dari semua pihak terkait. Berbagai kasus pemerkosaan di Jateng tak luput diberitakan oleh berbagai media massa, salah satunya adalah Suaramerdeka.com. Suaramerdeka.com merupakan media online lokal berbasis media cetak pertama di Indonesia. Bertitik tolak dari realita tersebut, penelitian ini dilakukan. Penelitian ini menggunakan pendekatan kualitatif dalam paradigma kritis dengan desain analisis isi framing Entman. Hasil penelitian menunjukkan bahwa berita kekerasan seksual di Suaramerdeka.com banyak menggunakan sudut pandang Blaming the Victim, indikasinya adalah terjadinya Alienasi Gender. Alienasi Gender merupakan konsep penting berdasarkan temuan dari penelitian ini yang menjelaskan bahwa korban kekerasan seksual ataupun pihak-pihak yang membela korban disingkirkan pendapatnya sebagai narasumber berita. Selain itu, juga terdapat pemilihan diksi bias yang mengukuhkan terjadinya Blaming the Victim berita-berita di media online. Pemilihan diksi bias dan praktik Alienasi Gender merupakan wujud kekerasan simbolik siber. Kekerasan Simbolik Siber menggambarkan kekerasan yang terjadi karena dominasi bahasa berita media di dunia maya.</p><p>***</p><p>The number of rape victims in Central Java is very high so that need to gain attention from various parties. Many rape news in Central Java have been reported by numerous mass media, Suaramerdeka.com is one of them. Suaramerdeka.com is the first online local media based on printed media in indonesia. Based on that reality, this researched was conducted. This research is qualitative with critical paradigm on Framing Entman design. This research results show that many sexual assault news on Suaramerdeka.com used Blaming the Victim point of view. The indication is Gender Alienation practice took place. Gender Alienation is important concept based on this research which explain that the opinion of rape victims and the victim defenders were alienated as news resources. Beside that, bias diction was choosen on rape news that strengthen Blaming the Victim news on online media. Gender Alienation Practice and bias diction is Cyber Symbolic Violence. Cyber Symbolic Violence picturized violence that took place because of languange domination on online media.</p>
24
Prawitasari, Titis, Hartono Gunardi, Bambang Madiyono, and Rosdiana S. Tarigan. "Adolescent rape: Characteristics and short-term impact." Paediatrica Indonesiana 45, no. 6 (October 13, 2016): 246. http://dx.doi.org/10.14238/pi45.6.2005.246-50.
Full textAbstract:
Background Data in Indonesia show that adolescents still havethe highest rate for rape and other sexual assaults among agegroup. There are gender differences in adolescent rape and sexualassault, with female victims exceeding males with a ratio of 3:1.Sexual assault and rape can affect numerous children and oftenlead to short-term and long-term consequences.Objectives To determine the characteristics and short-term im-pacts of adolescent rape.Methods A cross-sectional study was conducted on 31 adoles-cents who had been raped 1-9 months previously. Subjects andparents were assessed using Child Behavior Checklist, Draw aPerson, House Tree Person, and Raven’s Progressive Matrices todetermine psychological problems. History and physical examina-tion findings at the time of rape were reviewed.Results Thirty out of 31 female adolescents were 13-18 years old.Almost half of them came from low income families and large fam-ilies, two-thirds of all subjects were living with their parents. Nine-teen of 31 perpetrators were friends or acquaintances, only 4 wererelatives. Tears of hymen were found in 21 subjects and only 8 ofthem had non-genital injuries. Nine of 31 subjects had a high aver-age range in non-verbal processing. Most subjects had a greattendency to feel insecure, anxiety, depression, and had interper-sonal relationship problems. Regression and aggressiveness werefound in almost half of the subjects. All subjects felt that theirmothers were protective and half of them had dominant fathers.Conclusion Almost half of the adolescent victims come from low-economic status and large families, most of the assailants werefriends or acquaintances. Adolescent rape victims have ongoingbehaviour problems. The most common problems are anxiety,depression, and relationship problems
25
Cindy, Ananda. "Perlindungan Hukum Terhadap Anak Penyandang Disabilitas yang Menjadi Korban Perkosaan." Jurist-Diction 5, no. 3 (May 30, 2022): 821–46. http://dx.doi.org/10.20473/jd.v5i3.35242.
Full textAbstract:
Abstract The Indonesian state upholds the human rights of children as stated in Article 28B of the 1945 Constitution, including children with disabilities. It is undeniable that children with disabilities can become victims of rape, the existence of a strong perpetrator's desire, opportunity, the perpetrator's relationship with the victim, and the association of the perpetrator can form thoughts or intentions to commit the act of rape. Preventive protection is an effort to prevent rape of children with disabilities, if the act of rape has occurred, repressive protection becomes an effort to enforce the law. Giving rights to children with disabilities, such as getting special protection from discrimination, neglect, abuse, exploitation, violence and sexual crimes. Keywords: Children with Disabilities; Legal Protection. Abstrak Negara Indonesia menjunjung tinggi Hak Asasi Manusia terhadap anak yang tercantum pada Pasal 28B Undang-Undang Dasar 1945, tidak terkecuali pada anak penyandang disabilitas. Tidak dipungkiri bahwa anak penyandang disabilitas dapat menjadi korban perkosaan, adanya faktor keinginan pelaku yang kuat, kesempatan, hubungan pelaku dengan korban, dan pergaulan pelaku dapat membentuk pemikiran atau niat untuk melakukan perbuatan perkosaan. Perlindungan preventif menjadi upaya pencegahan agar tidak terjadi perbuatan perkosaan terhadap anak penyandang disabilitas, apabila perbuatan perkosaan telah terjadi, maka perlindungan represif menjadi upaya penegakan hukum. Pemberian hak pada anak penyandang disabilitas, seperti mendapatkan perlindungan khusus dari diskriminasi, penelantaran, pelecehan, eksploitasi, kekerasan dan kejahatan seksual. Kata Kunci: Anak Penyandang Disabilitas; Perlindungan Hukum.
26
Aditya, A. A. Kompiang Dhipa, I. Nyoman Gede Sugiartha, and Ni Made Sukaryati Karma. "Pemidanaan bagi Pelaku Tindak Pidana Perkosaan terhadap Penyandang Disabilitas." Jurnal Konstruksi Hukum 1, no. 1 (August 27, 2020): 7–12. http://dx.doi.org/10.22225/jkh.1.1.2121.7-12.
Full textAbstract:
Persons with disabilities refer to people who have physical, intellectual, mental, or sensory deficiencies so that in living their lives they find hindrances, as an opposite to normal people. Oftentimes the persons with disabilities receive poor treatment in society, be it discriminatory treatment or criminal acts, one of which is rape. Unfortunately, criminal sanctions for perpetrators of rape against persons with disabilities in Indonesia have not been explicitly regulated. Grounded with this phenomenon, this study examines the legal protection for persons with disabilities as victims of the criminal act of rape and sanctions for the perpetrators of the said criminal acts. To achieve these goals, this study was conducted using a normative legal research method with a conceptual approach and a case approach. Legal protection for persons with disabilities is contained in Article 3 and Article 5 Paragraph (2) of Law Number 8 of 2016 which regulates the rights and legal protection for persons with disabilities as victims of criminal acts. Protection for the rape victims takes the form of restitution and rehabilitation assistance. Sanctions for the perpetrators of the criminal act of rape against persons with disabilities have not been regulated strictly. In the Criminal Code, the criminal acts of rape are regulated in general sphere that is in Articles 285, 286, 287, 288. Thus, the legal protection for persons with disabilities aims to safeguard and maintain the persons with disabilities from the criminal acts of rape. In the Cassation Decision Number 736K/PID/2013 PN Cn, the sanction for perpetrators of rape against persons with disabilities is the imposition of sanctions in the provisions of Article 285 of the Criminal Code.
27
Mukhlis, Mukhlis. "Trafficking of women in Entikong Sub-District Sanggau Regency, Indonesia." Jurnal Perspektif Pembiayaan dan Pembangunan Daerah 9, no. 2 (June 30, 2021): 187–98. http://dx.doi.org/10.22437/ppd.v9i2.13079.
Full textAbstract:
This study investigates and analyzes various phenomena related to transnational trafficking of women in Entikong Sub-District, Sanggau Regency, West Kalimantan, from the recruitment of the departure abroad to various human rights violations experienced by Indonesian women. The qualitative analysis method is used in this study. In general, trafficking of women in the Indonesia-Malaysia border regions is a phenomenon that arises due to the lack of legal protection, both while the victims are still in Indonesia and after they arrive abroad. This phenomenon has a negative impact on ensuring legal protection for women and the impact on the emergence of human rights violations (torture, harassment, exploitation, intimidation, rape, confinement, and forced sexual intercourse.).
28
Sulistyo, Edhei, and Pujiyono Pujiyono. "Restorative Justice as a Resolution for the Crime of Rape with Child Perpetrators." International Journal of Criminology and Sociology 10 (April 30, 2021): 595–602. http://dx.doi.org/10.6000/1929-4409.2021.10.69.
Full textAbstract:
A child who commits a criminal act can be called a child in conflict with the law. One of the crimes committed by children was rape, which involved elementary and junior high school children in Probolinggo; they reportedly raped a high school student until they became pregnant. Sexual crimes against children occur in Southeast Asian countries, such as the Philippines, Thailand, Sri Lanka, Malaysia, and Indonesia. The purpose of this study was to review restorative justice as an effort to resolve the criminal act of rape with child perpetrators. The research method used is normative juridical research, with the approach of laws and concepts and collecting primary legal material in the form of existing cases. This study found that the restorative justice process in juvenile crime is essential because there are essential things to focus on the regulation that requires the active role of the community, perpetrators, and victims of crime, including the affected community, in the restorative justice process. A fundamental balancing approach must also be taken, namely, first, imposing sanctions based on responsibility for recovering victims' losses as a consequence of criminal acts; second, rehabilitation and reintegration of actors; and third, strengthening community safety and security systems.
29
Shahrullah, Rina Shahriyani, Elza Syarief, Lu Sudirman, and Tedy Surya. "ANALISIS YURIDIS PENGATURAN ABORTUS PROVOKATUS TERHADAP KORBAN PEMERKOSAAN DI INDONESIA." Jurnal Hukum Samudra Keadilan 15, no. 2 (December 15, 2020): 251–63. http://dx.doi.org/10.33059/jhsk.v15i2.2613.
Full textAbstract:
Abortion or abortus provokatus constitutes a termination of pregnancy before the time of delivery. The objective of the study is to ascertain if the Abortion-related Health Law is a realistic rule based on the health aspects, as well as to analyze how long it should be allowed by the Health Law to perform an abortion according to medical criteria. The study uses a method of normative legal research. It concludes that the Health Law pertaining abortion is a realistic rule based on health aspects. Yet, it is necessary to revise the abortion rules due to rape incidents. The rules permits the abortion if the gestational age is 6 (six) weeks or 40 (forty) days. It is calculated from the first day of the last period. It suggests that the gestational age should be 12 (twelve) weeks or 3 (three) months from the first day of the last period.
Keywords: Abortus Provocatus, Legal Protection, Rape Victims
30
Susanti, Rika. "PAYUNG HUKUM PELAKSAAN ABORTUS PROVOKATUS PADA KEHAMILAN AKIBAT PERKOSAAN." Majalah Kedokteran Andalas 34, no. 1 (May 2, 2015): 25. http://dx.doi.org/10.22338/mka.v34.i1.p25-30.2010.
Full textAbstract:
AbstrakPada survei yang dilakukan WHO dibeberapa kota besar di Asia pada tahun 1996 di Indonesia ditemukan bahwa pada wanita yang berumur diatas 16 tahun dikota Jakarta dan Surabaya pada 1400 sampel didapatkan 2,7% pernah mengalami perkosaan. Beberapa korban hamil, dan ingin mengakhiri kehamilan. Hukum di Indonesia (KUHP), menjelaskan bahwa semua usaha dalam rangka menghentikan kehamilan adalah suatu tindak pidana dan tidak dipersoalkan apakah indikasi dari pengguguran kandungan tersebut. Setelah adanya UU Kesehatan RI No 23 tahun 1992, barulah abortus provokatus atas indikasi medis mendapatkan payung hukum. Disini dijelaskan bahwa jika abortus dalam rangka menyelamatkan nyawa ibu atau anak diperbolehkan (indikasi medis). Legitimasi abortus provokatus atas indikasi medis saat ini dianggap tidak mencukupi lagi, sehingga diperlukan pula legalisasi indikasi non medis, seperti pada korban pemerkosaan dan child abuse. Dengan keluarnya UU Kesehatan No.36 tahun 2009, maka sudah melegalkan tindakan aborsi pada kehamilan akibat perkosaan.Kata kunci: perkosaan, kehamilan, abortus provokatus, payung hukum, KUHP, UU Kesehatan.AbstractIn the survey conducted by WHO in several major cities in Asia in 1996 in Indonesia found that in women aged over 16 years in the city of Jakarta and Surabaya in 1400 samples were obtained 2.7% had experienced rape. Some victims become pregnant due to rape action and there is a desire to terminate the pregnancy. The law in Indonesia is regulated in the Penal Code (KUHP), explain determined that all efforts in order to stop the pregnancy is a crime and not questioned whether the indications of such abortions. After the Health Law (Undang-Undang Kesehatan RI) No. 23 of 1992, then provoked abortion on medical indication obtain legal protection. Here was explained that if the abortion in order to save the life of the mother or child is allowed (a medical indication). The legitimacy of provoked abortion on medical indication currently considered no longer sufficient, so that will be required to legalize non-medical indications, such as the victims of rape and child abuse. With the release of the Health Law No.36 of 2009, it had legalized abortion in pregnancies due to rape. Key words : rape, pregnancy, abortus, legal protection, article of the Penal Code, the Law on Health.
31
Alfi, Ila Ria, and Gunarto Gunarto. "Abortion Due to Rape in A Juridical Perspective and Human Rights." Law Development Journal 2, no. 3 (October 9, 2020): 272. http://dx.doi.org/10.30659/ldj.2.3.272-278.
Full textAbstract:
The problem of abortion due to rape is a social reality that is becoming increasingly prevalent in society. It is not uncommon in Indonesia that abortions are performed not because of health or age factors but because of shame and self-esteem. The purpose of this study was to determine and analyze the regulations regarding abortion due to rape based on Act No. 36 of 2009 concerning Health and a legal review of acts of abortion due to rape based on Act No. 36 of 2009 concerning Health and its relation to human rights. This study uses a juridical-normative approach and data collection techniques are carried out by collecting secondary data. The results of this study indicate that abortion cannot be done arbitrarily, there must be reasons and conditions that are met in accordance with statutory qualifications. Sanctions for violating these provisions can be subject to penalties. Judging from juridically, Act No. 36 Of 2009 concerning Health, Article 75 in particular paragraph (2) provides room for abortion for victims of rape. The article states that a pregnancy resulting from rape which can cause psychological trauma to the rape victim can be subjected to an abortion. In Article 9 of Act No. 39 Of 1999 concerning Human Rights paragraph (1) it is emphasized that everyone has the right to live, and to maintain life and to improve his standard of living. Human rights are basic rights that humans have since they were born.
32
Setiyawan, Wahyu Beny Mukti, Fitriya Dessi Wulandari, and Widiatama Widiatama. "Strengthening the Role of the Social Development Center for Child in the Case of Sexual Crime Against Street Children." Wacana Hukum 26, no. 1 (May 9, 2020): 31–38. http://dx.doi.org/10.33061/1.wh.2020.26.1.3628.
Full textAbstract:
Being a civilized nation is one of the values enshrined in the Pancasila and the Preamble of the 1945 Constitution of the Republic of Indonesia. However, today the Indonesian nation can be said to be experiencing a crisis of morality. It is proven by the rise of cases of sexual crimes that occur in the community. The irony is that the victims of sexual crimes are children. The average victims of sexual crimes are street children. In fact, almost all female street children have experienced sexual harassment and rape. The state through the Ministry of Social Affairs has subsequently formed a social institution that specifically copes the problems of street children. This institution is the Social Development Center for Child (SDC). The Social Development Center for Child (SDC) has a role in handling cases of street children. As according to the Government Regulation Number 2 of 2002 concerning Procedures for the Protection of Victims and Witnesses in Serious Human Rights Violations, victims are "individuals or groups of people who have suffered as a result of severe human rights violations that require physical and mental protection from threats, harassment, terror and violence from any party.
33
Choirinnisa, Shafa Amalia. "Law and Society Approach on Legal Protection for Victims of Domestic Violence." Semarang State University Undergraduate Law and Society Review 2, no. 2 (July 22, 2022): 227–48. http://dx.doi.org/10.15294/lsr.v2i2.53756.
Full textAbstract:
Violence in society is actually not a new thing. Violence is often carried out in conjunction with one form of criminal act, as regulated in the Criminal Code (KUHP) for example theft with violence (Article 365 of the Criminal Code), rape (Article 285 of the Criminal Code), Persecution (Article 351 of the Criminal Code). However, at this time there is a lot of domestic violence in the form of violence against wives or women. Often this act of violence is called a hidden crime. It is called so, because both the perpetrator and the victim try to keep the act a secret from public view. Sometimes it is also called domestic violence, because violence occurs in the domestic sphere. Criminal acts of domestic violence can cause victims both due to physical, psychological, sexual and neglect, so that efforts to protect victims are needed, including physical and psychological health recovery. For perpetrators of domestic violence, law enforcement efforts are needed to resolve cases of violence through the judicial process. Constraints in resolving domestic violence cases need to be overcome through the role of the government and local governments in collaboration with the community so that the implementation of the elimination of domestic violence can be realized. This study is intended to describe and analyze the legal protection for the victims of domestic violence in Indonesia by comparing some related laws and regulations such as Anti-Domestic Violence Act, Child Protection Act, Human Rights Law, and Indonesian Criminal Code.
34
Indraswari, Ririn. "ANALISIS PENGGUNAAN DIKSI PADA PASAL 480 TENTANG POLEMIK RANCANGAN UNDANG-UNDANG KUHP (RUU KUHP) DI INDONESIA." Jurnal Ilmiah Pranata Edu 1, no. 2 (December 29, 2019): 80–86. http://dx.doi.org/10.36090/jipe.v1i2.573.
Full textAbstract:
The rejection of the RKUHP is voiced throughout the country. In the demands of students, the RKUHP was canceled. The emergence of RKUHP became a controversy so there was a lot of resistance from the community. One of the bills is expanding the definition of rape. In RKUHP, rape occurs as long as there is male to female violence. "Including rape and criminal offenses as referred to in paragraph (1) includes acts of: a. Intercourse with someone with his consent, because the person believes that the person is a legitimate husband / wife". Thus reads Article 480 paragraph 2 ". That definition, a husband can rape his wife. With the condition that the wife does not want to have intercourse and the husband will use violence When compared to the Criminal Code used today, there has been a shift in the definition of rape. Because, "rape" in the RKUHP can be done by a legitimate partner. While in the Penal Code, rape occurs when the perpetrators and victims are not bound by marriage. The method used is the use of diction in the written language. Formulation of the problem 1) How is the husband and wife's response to the polemic of RKUHP article 480. 2) How is the use of the rape diction in the Law? The results of the study can be concluded that, the responses of some respondents with the status of husband and wife are not supportive of the ratification of the Act, because there is no word of rape in marital ties, and has been regulated by the law on sexual violence in the household. The use of diction section article 480 in terms of accuracy, accuracy, harmony is not fully applied to the criteria for using diction. In the controversy article 480 verse 2 that uses the word multi-interpretation it should be reviewed. The word rape, including the popular diction, is inappropriate for article 480 paragraph 2. According to the government RKUHP article 480 paragraph 2 is an article that protects women. But the reader's point of view, in the relationship of husband and wife there is no term raping.
35
Damayanti, Eka Damayanti, and Aryani Witasari. "Legal Protection from Provocate Abortion Againts the Child Conceived Because Rape (Case Study on Jurisdiction Ex Residency of Cirebon)." Jurnal Daulat Hukum 2, no. 4 (April 7, 2020): 601. http://dx.doi.org/10.30659/jdh.v2i4.8435.
Full textAbstract:
The problems of this study are: view of the living norms of public life related to the legalization of abortion under PP No. 61 of 2014 on Reproductive Health in the jurisdiction of Ex Residency of Cirebon, Legal protection of children conceived for Pregnancy Preferred (KTD), form the legal protection of children conceived for Pregnancy Preferred (KTD), particularly rape victims in the future.The method used by researchers is sociological approach juridical law and specification in this study was included descriptive analysis. As for sources and types of data in this study are primary data obtained from interviews with field studies Cirebon MUI, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of effectiveness and progressive law.Based on the results of research that potentially incompatible with Islamic law if it does not pay attention to the provisions of law or the Fatwa of Indonesian Ulama Council, besides that government regulation is taking the authority of the judiciary by the executive branch, because the authority to determine a person can have an abortion only submitted to the doctor and known by the Health Department / districts forwarded to the Provincial Health Office, without having to get a judgment and / or determined by the court, including the MUI Fatwa can ignore. Abortion performed by a rape victim is allowed and does not constitute a crime, but as a special lex and Health Act Government Regulation No. 61 Of 2014 on Reproductive Health has taken over the authority of the judiciary, because abortion is performed by a rape victim does not need to get a determination from the court. Reflected Bill-September 2019-the Penal Code refers to the Law of Health and Government Regulation No. 61 of 2014 on Reproductive Health, so that the provision is contrary to the Constitution of the Republic of Indonesia 1945.Keywords: Provocate Abortion; Child; Rape; Legal Protection.
36
Rohidin, Rohidin. "Pengaturan Aborsi Korban Perkosaan Berbasis pada Prinsip Maslahah." Pandecta: Research Law Journal 10, no. 2 (December 31, 2015): 258. http://dx.doi.org/10.15294/pandecta.v10i2.4957.
Full textAbstract:
Pengaturan aborsi bagi korban perkosaan di Indonesia telah diatur dalam UU No. 36 Tahun 2009 tentang Kesehatan. Di dalamnya dikatakan bahwa setiap orang dilarang melakukan aborsi, namun larangan tersebut tidak berlaku jika ada indikasi kedaruratan medis, seperti kesehatan ibu dan janin terancam, atau kehamilan dalam kasus perkosaan. Penelitian ini bertujuan untuk menganalisis prinsip-prinsip hukum aborsi bagi korban yang diatur dalam UU Nomor 36 Tahun 2009 dilihat dari perspektif masalah yang digagas oleh Attufi. Hasil penelitian ini menunjukkan bahwa secara prinsipil materi hukum aborsi bagi korban perkosaan yang diatur dalam UU No. 36 Tahun 2009 tentang Kesehatan sejalan dengan konsep maslahah yang digagas oleh Attufi. Namun demikian, adanya batasan usia kehamilan maksimal enam minggu dihitung dari hari pertama haid terakhir menjadi hal yang menyebabkan undang-undang tersebut tidak lagi sejalan dengan konsep maslahah attufi. Ketidakselarasan ini disebabkan adanya kemungkinan kondisi psikis yang dialami oleh perempuan hamil korban perkosaan yang mengakibatkan ketidaktahuan awal kehamilan. Dalam arti, bisa jadi perempuan tersebut baru mengetahui kehamilannya melebihi batas waktu tersebut. Namun demikian, kebolehan ini juga harus melalui pertimbangan-pertimbangan perbandingan kemaslahatan dan kemafsadatan yang ada sesuai dengan kasusnya masing-masing.<br /><br /><br /><em>The abortion regulation for rape victims in Indonesia has been regulated in Law No. 36 Year 2009 on Health. It is said that every person is prohibited from having an abortion, but the restriction does not apply if there is an indication of a medical emergency, such as maternal and mother health is threatened, or the pregnancy in cases of rape. This study aims to analyze the principles of legal abortion for victims as stipulated in Law No. 36 of 2009 seen from the perspective of the Masalahah initiated by Attufi. The results showed that in principle the material legal abortions for rape victims as stipulated in Law No. 36 Year 2009 on Health in line with the concept of maslahah initiated by Attufi. However, the maximum age limit of six weeks of pregnancy calculated from the first day of the last menstrual period into the cause of the law is no longer in line with the concept of maslahah attufi. This misalignment is due to the possibility of psychological conditions experienced by pregnant women victims of rape resulting in early pregnancy ignorance. In a sense, it could be the woman learned of her pregnancy exceeding the time limit. However, this ability should also go through the considerations and harms ratio that is in accordance with each case.</em><br /><br />
37
Setiyawan, Wahyu Beny Mukti, and Hadi Mahmud. "MENGGAGAS MODEL RESTORATIVE JUSTICE TERHADAP TINDAK PIDANA MARITAL RAPE DALAM MEMBENTUK PERLINDUNGAN TERHADAP PEREMPUAN YANG SESUAI DENGAN NORMA HUKUM DI INDONESIA." Jurnal Ius Constituendum 3, no. 1 (April 21, 2018): 68. http://dx.doi.org/10.26623/jic.v3i1.864.
Full textAbstract:
<p align="center">Abstraksi</p><p>Indonesia merupakan Negara hukum. Hukum bertujuan untuk menciptakan perdamaian dan ketentraman dalam kehidupan bermasyarakat. Tetapi dalam kenyataannya banyak sekali penyelewengan yang terjadi di masyarakat. Salah satu contohnya yaitu kasus kejahatan dalam berumah tangga. Kekerasan Dalam Rumah Tangga (KDRT) sebenarnya telah diatur dalam Undang-Undang Nomor 23 Tahun 2004 yang mengatur tentang penghapusan kekerasan dalam rumah tangga. Kejahatan rumah tangga yang paling merusak keutuhan rumah tangga salah satunya yaitu kasus <em>marital rape.</em> Sedangkan dalam Undang-undang Kekerasan Dalam Rumah Tangga (KDRT) belum mengatur khusus tentang atau masalah <em>marital rap</em><em>e. </em>Ada cara yang sangat membantu untuk mengatasi masalah <em>marital rape</em> yaitu dengan metode pendekatan <em>restorative justice</em>. Dengan pendekatan model ini, maka masalah <em>marital rape</em> akan terpecahkan karena tujuan dari model <em>restorative justice</em> ini mengutamakan suatu keadilan dan pemulihan masalah tanpa jalur pidana. <em>Restorative justice </em>akan berhasil dilaksanakan di masyarakat jika memperhatikan<em> </em>norma-norma yang ada di masyarakat terkhusus Norma Hukum. Untuk itu, dibutuhkan sosialisasi tentang <em>restorative justice</em> di kalangan masyarakat agar pelaksanaan <em>restorative justice</em> bisa menyelesaikan kasus <em>marial rape</em> di indonesia. Penyelesaian kasus <em>marital rape</em> dengan metode pendekatan <em>restorative</em> <em>justice </em>dapat berupa memberikan solusi dengan konsultasi psikologi, jika cara<em> </em>tersebut belum berhasil, bisa menggunakan cara hukum, dimana korban bisa menggugat cerai si pelaku, dan jika si korban mengalami kekerasan fisik yang dilakukan pelaku, korban bisa mendapatkan bantuan medis.</p><p> </p><p align="center"><em>Abstract</em><em> </em></p><p><em>Indonesia merupakan Negara hukum .</em><em>Indonesia is a Nation of law. The aim of law is to create peace and tranquility in social life. But in the reality many once misappropriation that occurred in society. For instance in case of crime in household. Domestic Violence (KDRT) actually has arranged in Constitution Number 23 of 2004 that governing abolishment violence in household. One of the most factor which demage households integrity is case in marital rape. While in Constitution Domestic Violence (KDRT) there is no special regulation yet against marital rape. There is a really helpfull way to resolve marital rape with approach restorative justice method. With approach this model, then problem marital rape will solved because aim of this restorative justice model give priority for a justice and recovery problem without criminal law. Restorative justice will successful held in community if pay attention norms that exist in community especially the Legal Norms. Therefore socialization about restorative justice are needed in circles community for implementing restorative justice in order to solve case of marital rape in Indonesia. Settlement of marital rape with restorative justice</em><em> approach</em><em> </em><em> method could actualized through psychology consultation, if that way not successful yet, the victim could take litigation way, where she could divorce the perpetrator, and if the victim has experience Physical violence by perpetrators, the victims could acquired medical aid.</em></p><p><em> </em></p>
38
Rizky, Rama Yanuar, and Ahmad Mahyani. "PERLINDUNGAN HUKUM ATAS KEKERASAN SEKSUAL BAGI KAUM PENYANDANG DISABILITAS TUNA NETRA." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 3 (December 7, 2022): 745–59. http://dx.doi.org/10.53363/bureau.v2i3.60.
Full textAbstract:
So far, people with disabilities have experienced various kinds of discrimination, especially women. Women with disabilities are very vulnerable to being victims of violence, including sexual violence. Various reports in the media show that there are many women with disabilities. Over time, we are often surprised by the emergence of several cases involving persons with disabilities. One of the cases experienced by persons with disabilities is being a victim of rape. The situation of disabled people who are victims of sexual violence is worrying, not only because they are a vulnerable group, but also because many do not receive legal protection. From 2015 to 2016, there were 74 cases of sexual violence in Yogyakarta, of which 3 were handled through legal channels and other cases were medical, psychological and even medical, psychological and even the same way, the Advocacy Center for Women and Children with Disabilities (Advocacy Center for Women and Children with Disabilities). Persons with Disabilities). SAPDA) DIY published a study in 2016 which found that 84.5% of violence against women with disabilities did not have legal protection. Since the enactment of Law No. 8 of 2016 concerning Disabilities which was ratified by President Joko Widodo on April 15, 2016, there is no longer any mention of the term "disability" for people with physical limitations. The Disability Policy is the commitment of the Indonesian government to regulate the protection and fulfillment of the rights of people with disabilities in Indonesia
39
Armanda, Dicky, Yusrizal Hasbi, and Romi Asmara. "Strategi Penerapan Qanun No. 6 Tahun 2014 tentang Hukum Jinayah di Aceh." Asia-Pacific Journal of Public Policy 7, no. 1 (April 1, 2021): 18–28. http://dx.doi.org/10.52137/apjpp.v7i1.59.
Full textAbstract:
This study aims to identify the strategy of implementing Qanun (law) No. 6/2014 on Jinayah (the act of sin) law in the Aceh province, Indonesia. The challenges of implementing the Qanun were also investigated during the study. This investigation was conducted in Lhokseumawe (a city in the Aceh province) and is believed as the area where more violations of shari'a (Islamic canonical law) occurred. The research method adopted was qualitative and the data were collected through interviews and document analysis. The results of the study reported that there are still some personalities or local Acehnese opposed to the implementation of the Jinayat law qanun. Most communities were also lack understanding of this qanun implementation. The findings of the study imply that the communication strategy that has been carried out between stakeholders has not yet reaped maximum results. It infers that the implementation of Qanun No. 6/2014 on Jinayah law has not been going well in Lhokseumawe City due to several motives. One of them is a lack of communication between stakeholders. Besides, unfairness occurred in prosecute violators of Qanun number 2014 concerning the Jinayah law. This means that this law is only applied to ordinary people and not the families of government officials or the rich. Besides, the Qanun Jinayah also believed discriminated against women, especially the victims of rape. In this case, the Qanun Jinayah proffers a double strain on the victims where women victims of rape must present evidence and witnesses.
40
McDougall, Gay J. "Addressing State Responsibility for the Crime of Military Sexual Slavery during the Second World War: Further Attempts for Justice for the “Comfort Women”." Korean Journal of International and Comparative Law 1, no. 2 (2013): 137–65. http://dx.doi.org/10.1163/22134484-12340018.
Full textAbstract:
Abstract Between 1932 and the end of the Second World War, the Japanese Government and the Japanese Imperial Army forced over 200,000 women into sexual slavery in rape centres throughout Asia. The majority of the victims were from Korea, but many were also taken from China, Indonesia, the Philippines and other Asian countries under Japanese control. There has been no real redress for these injustices: no prosecutions of guilty perpetrators, no acceptance of full legal responsibility by the Government of Japan, and no compensation paid to the surviving victims. The present paper focuses primarily on the issue of state responsibility and the situation of the Korean survivors. The study concludes that Japan has a continuing legal liability for grave violations of human rights and humanitarian law, violations that amount in their totality to crimes against humanity. The study establishes, contrary to Japanese Government arguments, that (a) the crime of slavery accurately describes the system established by the rape centres and that the prohibition against slavery clearly existed as a customary norm under international law at the time of the Second World War; (b) that acts of rape in armed conflict were clearly prohibited by the Regulations annexed to the Hague Convention No. IV of 1907 and by customary norms of international law in force at the time of the Second World War; (c) that the laws of war applied to conduct committed by the Japanese military against nationals of an occupied state, Korea; and (d) that because these are crimes against humanity, no statute of limitations would limit current-day civil or criminal cases concerning the Second World War rape centres. The paper also refutes the argument that any individual claims that these women may have had for compensation were fully satisfied by peace treaties and international agreements between Japan and other Asian States following the end of the Second World War.
41
Sari, Nadila Purnama, Anak Agung Sagung Laksmi Dewi, and Luh Putu Suryani. "Perlindungan Hukum terhadap Anak Penyandang Disabilitas sebagai Korban Kekerasan Seksual." Jurnal Preferensi Hukum 2, no. 2 (June 30, 2021): 359–64. http://dx.doi.org/10.22225/jph.2.2.3338.359-364.
Full textAbstract:
Children with disabilities are often the main targets to be victims of criminals, discrimination and sexual violence. The following can be seen from the increase in criminal cases against women and children with disabilities which from year to year tends to increase. The purpose of this study is to determine the legal protection of children with disabilities as victims of sexual violence and criminal sanctions against perpetrators of sexual violence against children with disabilities. The method used is a normative method along with statutory and conceptual approaches. The results of the study show that legal protection for children as victims of sexual violence is contained in article 1 paragraph (2) of Law no. 35 of 2014 concerning child protection, namely so that the child gets protection and his rights as a child. Criminal sanctions for perpetrators of sexual violence against persons with disabilities exist in positive law in Indonesia. The criminal act of rape is contained in Articles 285 to 288 of the Criminal Code. Violence against children with disabilities there is no law that specifically regulates it but in VU No. 35 of 2014 concerning Child Protection in Article 290 paragraph (1) is threatened with approximately 7 years of imprisonment.
42
Oktaviani, Rini, and Suzy S. Azeharie. "Penyingkapan Diri Perempuan Penyintas Kekerasan Seksual." Koneksi 4, no. 1 (March 22, 2020): 98. http://dx.doi.org/10.24912/kn.v4i1.6635.
Full textAbstract:
The high rate of sexual violence including rape and sexual harassment in Indonesia is a problem that has not been resolved. However, it cannot be concluded that cases of rape and sexual harassment are increasing, but more and more women survivors report cases they have experienced. Women dare to speak and not be influenced by the opinion of the majority who blame victims of sexual violence. One interesting phenomenon to be reviewed is the self-disclosure of women survivors of rape and sexual harassment of consorts. This study aims to determine the self-disclosure by women survivors of rape and sexual harassment at the escort and the reasons for women survivors of rape and sexual harassment to disclose themselves to the companion. The theory used is the theory of interpersonal communication, self-disclosure, the spiral of silence and patriarchal culture. This study uses a descriptive qualitative approach with the phenomenological method. Data analyzed were obtained from interviews with four survivors of rape and survivors of sexual harassment. The results of this study are the disclosure of survivors of rape and survivors of sexual harassment to companions is important so that victims do not bear their own problems and can immediately recover. Survivors can find people who at least have experience in support and people who can be trusted to listen to self-disclosure. But different things were found in the companion who is the mother of survivors and sexual harassers. The survivor's mother ignored the incident of abuse experienced by the survivor and assumed that the incident had never happened because the perpetrator was a person who was of one flesh and blood with the survivor. Tingginya angka kekerasan seksual termasuk perkosaan dan pelecehan seksual di Indonesia menjadi permasalahan yang sampai saat ini belum terselesaikan. Namun tidak dapat disimpulkan bahwa kasus perkosaan dan pelecehan seksual semakin bertambah melainkan semakin banyak perempuan penyintas yang melaporkan kasus yang mereka alami. Perempuan berani bersuara dan tidak terpengaruh dengan pendapat mayoritas yang menyalahkan korban kekerasan seksual. Salah satu fenomena yang menarik untuk diulas adalah penyingkapan diri perempuan penyintas perkosaan dan pelecehan seksual pada pendamping. Penelitian ini bertujuan untuk mengetahui penyingkapan diri yang dilakukan perempuan penyintas perkosaan dan pelecehan seksual pada pendamping dan alasan perempuan penyintas perkosaan dan pelecehan seksual melakukan penyingkapan diri pada pendamping. Teori yang digunakan adalah teori komunikasi interpersonal, penyingkapan diri, spiral keheningan dan budaya patriarki. Penelitian ini menggunakan pendekatan kualitatif deskriptif dengan metode fenomenologi. Data yang dianalisis diperoleh dari hasil wawancara dengan empat penyintas perkosaan dan penyintas pelecehan seksual. Hasil dari penelitian ini adalah penyingkapan diri penyintas perkosaan dan penyintas pelecehan seksual pada pendamping penting dilakukan agar korban tidak menanggung masalahnya sendiri dan dapat segera memulihkan diri. Penyintas bisa mencari orang yang setidaknya mempunyai pengalaman dalam mendukung dan orang yang bisa dipercaya untuk mendengarkan penyingkapan diri. Namun hal berbeda ditemui pada pendamping yang merupakan ibu dari penyintas dan pelaku pelecehan seksual. Ibu si penyintas mengabaikan peristiwa pelecehan yang dialami penyintas dan menganggap bahwa peristiwa tersebut tidak pernah terjadi karena pelaku adalah orang yang satu darah daging dengan penyintas.
43
Mahfud, Mahfud, and Rizanizarli Rizanizarli. "Domestic Violence against Women in Indonesia: The Recent Domestic Violence Elimination Law Analysis." Fiat Justisia: Jurnal Ilmu Hukum 15, no. 4 (June 30, 2021): 387–400. http://dx.doi.org/10.25041/fiatjustisia.v15no4.2276.
Full textAbstract:
Even though Law Number 23 of 2004 concerning on the Elimination of Domestic Violence was promulgated fifteen years ago, the number of domestic violence against women has not significantly decreased. The Law has not set concrete actions that may fall under the domestic violence that can be punished, particularly in terms of sexual abuse psychological violence, and negligence in household towards women. This research aims to analyze domestic violence against women in this Law and the conducts that are considered to be domestic violence which is commonly found in daily life in Indonesia. A purely qualitative research method encompassing document analysis of key documents in Indonesia and the Anti-Domestic Violence Law 2004 is adopted in this paper. The research reveals that This Law is particularly protecting women from household violence in Indonesia. The law has recognized physical violence, sexual violence, psychological violence, and negligence as sorts of domestic violence against women in household although it might find difficult to enforce the law when dealing with marital rape regarding lack of reports from victims and polygamy concerning circumstances that can be used to criminalize the perpetrators.
44
Fentiningrum, Hilda. "KOMPARASI ABORSI DALAM PERSPEKTIF MAQASHID SYARI’AH IMAM GHAZALI DAN HUBUNGANNYA DENGAN FAKTOR EKONOMI." Kodifikasia 15, no. 1 (June 19, 2021): 69–88. http://dx.doi.org/10.21154/kodifikasia.v15i1.2607.
Full textAbstract:
Kebolehan aborsi telah memperoleh legislasi di Indonesia, meskipun dalam hukum Islam melarang adanya praktik aborsi. Adanya legislasi ini membuat resah masyarakat karena hal ini bisa menyebabkan pihak lain dengan leluasa melakukan aborsi. Pada kenyataannya aborsi bisa dilakukan karena kehamilan yang tidak diharapkan (KTD) baik dalam perkawinan maupun di luar perkawinan seperti pemerkosaan. Korban perkosaan yang mengalami hamil akan memiliki trauma yang sangat luar biasa yang dapat mengancam dirinya. Maka dari itu perlu adanya tindakan-tindakan untuk mengurangi dampak yang terjadi pada diri korban. Selain itu, faktor ekonomi turut andil dalam menyumbang angka aborsi. Jenis penelitian ini adalah kepustakaan dengan pendekatan kualitatif, metode pengumpulan data yang digunakan adalah dokumentasi sumber-sumber data dengan analisis menggunakan metode deskriptif-kualitatif. Objek dari penelitian ini adalah pasal-pasal yang mengatur kebolehan aborsi dalam perundangan-undangan di Indonesia dengan analisis maqashid syari’ah Imam Ghazali. Kebolehan aborsi ini bertujuan untuk melindungi nyawa si ibu, karena ibu merupakan induk yang hidup dan memiliki tanggung jawab terhadap kehidupannya. Praktik Aborsi tentunya harus memperhatikan standar prosedur kelayakan yang telah ditetapkan oleh tim medis, tidak boleh melakukannya dengan cara illegal karena itu bisa membahayakan nyawa si ibu. Di samping itu, aborsi pun berhubungan dengan faktor ekonomi. [The permissibility of abortion has obtained legislation in Indonesia, although in Islamic law it prohibits the practice of abortion. The existence of this legislation has made the public uneasy because this could cause othe parties to carry out abortions. In fact, abortion can be done because of an unexpected pregnancy (KTD) both in marriage and outside of marriage such as rape. Rape victims who become pregnant will experience tremendous trauma that can threaten themselves. Therefore, it is necessary to take measures to reduce the impact on victims. Other than that, economic factors also contribute to the number of abortions. This type of research is a library with a qualitative approach, the data study method used is documentation of data sources with analysis using descriptive-qualitative methods. The object of this research is the articles regulating the permissibility of abortion in Indonesian legislation with the analysis of the maqashid syari’ah Imam Ghzali. Abortion permits are intended to protect the life of the mother, because the mother is a living parent and has responsibility for her life. The practice of abortion, of course, must pay attention to standard procedures set by the medical team, not to do it illegally because it could endanger the life of the mother. Othet than that, abortion is also relate to economic factors.]
45
Yani, Ahmad. "The Impact of Ecological Checks on Urban Areas Towards Crime Rates in Indonesia." International Journal of Business, Economics, and Social Development 3, no. 3 (August 7, 2022): 142–49. http://dx.doi.org/10.46336/ijbesd.v3i3.309.
Full textAbstract:
This study was conducted to analyze the impact of ecological checks on urban areas towards crime rates. The research was run at the Laboratory of Earth Information at University of Lampung, while the data acquisition was carried out at Subdit IV Tipidter Ditreskrimsus POLDA Lampung on October 2014 - December 2014. This study applied a modeling approach using secondary data from 36 districts/ cities in Indonesia. The model used in this study was multiple linear regression using multiple dummy variables. The response variables used were the level of criminality such as murder, rape, persecution, kidnapping, destruction, theft, fraud, narcotics, and victims of demonstration anarchism. The explanatory variables include the level of regional urbanism and air pollution (air pollution including CO, HC, and CO2) as the main variables which were equipped with accompaniment variables (recreation areas, places of worship and religious leaders). Based on the results of linear regression using Minitab V.16 software at a confidence interval of 5% and 10%, it is showed that the degree of regional urbanism is one of the variables that can cause an increase in criminal rates. Meanwhile, environmental polluting variables (CO, HC, and CO2) have no real effect.
46
Maihasni, Maihasni, Fachrina Fachrina, and Nini Anggraini. "SOCIAL PRACTICE OF SEXUAL VIOLENCE IN SOCIETY (CASE STUDY IN PADANG CITY)." Jurnal Ilmu Sosial Mamangan 11, no. 2 (December 1, 2022): 117–26. http://dx.doi.org/10.22202/mamangan.v11i2.6017.
Full textAbstract:
There is not a day without sexual violence to children in mass media. Some people think that Indonesia has emergency case of sexual violence. Padang city is belong to this phenomena, such as 5 students of elementary school were victims of sexual harassment by a sports teacher, sexual harassment in public transportation, sodomy of 3 students, rape of a disabled woman by her brother-in-law, and rape by her stepfather, parking attendant and employer. The worst case is a sexual harassment by legislative candidate in 2018 and 2 bilogical children by their father in 2020. Government and non-Governmental institutions have been doing many efforts to prevent and cope of sexual violence. However, cases still happen. For this reason, the study tried to analyze why sexual violence still occurs even though various efforts have been made. The study used a qualitative approach with a descriptive type. The selection of informants used purposive sampling. Data collection used depth interviews and literature review. The results found that sexual violence occurs in girls under the age of 12 years. The actors are dominated by the closest people such as father, siblings, uncles, teachers, neighbors and a official. The encourage factors of sexual violence in the community are related to the mentality of the perpetrator, powerlessness of the victim, lack of communication and social control of parents, lack of religious knowledge, pornography and poverty. Meanwhile, the disencourage factors of sexual violence itself, such as; sex education, doing positive activities, social control and sanctions and severe punishment for perpetrator.
47
Nurmila, Nina. "CHALLENGES TO THE ENACTMENT OF THE ELIMINATION OF SEXUAL VIOLENCE BILL." HUMANISMA : Journal of Gender Studies 3, no. 2 (December 19, 2019): 92. http://dx.doi.org/10.30983/humanisme.v3i2.2557.
Full textAbstract:
<p>Indonesia currently has only one criminal law, Kitab Undang-Undang Hukum Pidana (KUHP), which was enacted and inherited from our colonial government. There has been an effort to amend this law but up until now the amendment of this law is not enacted yet. In this law, there are only two types of sexual violence which have legal protection: rape and sexual molestation (<em>pencabulan</em>), while in the current reality, based on the reported cases to partners of Komnas Perempuan from 2001-2011, there are 15 types of sexual violence; and the number of sexual violence cases has been increasing. As a result, it is difficult for victims of the 15 types of sexual violence to have legal protection. This shows the existing hole in the <em>lex generalis</em> KUHP, which needs to be filled in by <em>lex specialis</em> law which specifically addresses sexual violence. Based on the need for legal protection for victims of various types of sexual violence and to protect women’s human rights, Komnas Perempuan and her partners have drafted the Elimination of Sexual Violence Bill since 2014. This Bill has become one of the priorities of the national legislation program since 2016, after the incidence of a gang rape to a school age child in Bengkulu. However, up until the end of September 2019, this Bill was not enacted yet. In addition, there has been currently opposition to this Bill from the conservative group, accusing that this Bill legalizes <em>zina</em> (extra marital sexual relationship) and LGBT. This paper aims at elaborating the background, aims, contents and challenges to the enactment of the Elimination of Sexual Violence Bill. I will argue that this Bill offers both procedural and substantive justice for women and the marginalized groups, the majority victims of sexual violence.</p>
48
Adiningsih, Aprilia Putri, and Ridwan Arifin. "Victims of Rape and The Legal Protection: Problems and Challenges in The Victimological Studies." Semarang State University Undergraduate Law and Society Review 3, no. 1 (January 17, 2023): 47–70. http://dx.doi.org/10.15294/lsr.v3i1.56688.
Full textAbstract:
Victims of the crime of rape have not received optimal legal protection, even though they have been legally protected through the Law on the Protection of Witnesses and Victims, the Law on Child Protection, or the Law on the Elimination of Domestic Violence. However, the concept of Indonesian criminal law, which focuses more on punishing and deterring criminals, has not been able to accommodate the rights of victims, especially in cases of certain crimes such as rape. In the case of rape, the victim receives an immaterial loss (loss of honor) which is legally difficult to materialize, so that the punishment is limited to imprisonment and a fine which is not sufficient to restore the victim's loss and restore the victim's trauma. This study aims to analyze the protection of victims of rape crime in the perspective of victimology and law. This study uses a normative legal approach, literature review and legal analysis. This study found that the juridical sera, the protection of victims of crime, including victims of rape, has been regulated by the state through several laws. The rights of victims have also been mentioned, ranging from restitution, to recovery of victims' losses and trauma. However, in cases of rape, victims are often dissatisfied with the punishment given to the perpetrators of this crime.
49
Meilani, Herni, M. Surip, and Syairal Fahmy Dalimunthe. "Analisis Wacana Kritis Model Sara Mills terhadap Berita 3 Pria Sekap dan Perkosa Santriwati Magelang Berawal Kenal di Media Sosial." MUKADIMAH: Jurnal Pendidikan, Sejarah, dan Ilmu-ilmu Sosial 6, no. 2 (August 26, 2022): 388–91. http://dx.doi.org/10.30743/mkd.v6i2.5326.
Full textAbstract:
This research is qualitative research. This study aims to ensure that gender equality is not differentiated between men and women, because women also must get more attention. The data collection technique is done by analyzing online news. The Sara Mils model will be used as a reference for discourse analysis. The discourse analysis of the Sara Mills model will focus on the discourse of feminism, where a text will represent a woman. The Sara Mills method will examine two things, namely: first, who is the actor who will be positioned in the news and the interpreter of an event that occurs in the text. Second, how a reader will be positioned in the news text to see what the author wants the reader to do. There is injustice and bad judgment about a woman because women are often depicted and considered inferior to men in a text. The results of the study indicate that women are objects whose positions are often the subject of conversation for victims of sexual abuse, so they cannot present their own position. Through an analysis conducted on CNN Indonesia media, it shows that women who are victims of rape experience suffering, fraud and sexual violence that occurred during three days in a row.
50
Aiffah, Ghaisani Ikramina, and Wandera Ahmad Religia. "Child Sexual Abuse Prevention Program: Reference to the Indonesian Government." Jurnal PROMKES 8, no. 2 (September 24, 2020): 238. http://dx.doi.org/10.20473/jpk.v8.i2.2020.238-252.
Full textAbstract:
Background: Child Sexual Abuse (CSA) was a global problem widespread in many countries. Komisi Perlindungan Anak Indonesia or Indonesian Children Protection Commission (KPAI) recorded as many as 1.880 children become victims of sexual abuse such as rape, fornication, sodomy and paedophilia. The Government of Indonesia become made become efforts both national and international scale, but there is no effective and applicable program that has been implemented. Objective: The purpose of this article was to analyse the programs had been implemented to prevent sexual violence against children. Method: This article was a literature study by examining 38 articles related to the program against child abuse. The researcher was looking for reference sources from the Science Direct, Sage pub and Google Scholar online become. The keywords used were Child Sex Abuse Prevention Program, Parenting Program, Parent Training, Parent Intervention, Maltreatment, Violence, and Violence Prevention. Result: In children, programs that had been implemented include C-SAPE; IGEL; Train the trainer; BST; A program for minorities in Australia; Cool and Safe. For parents, the programs that had been applied include ACT-RSK; Triple-P; RETHINK; The Incredible Years Parents, Teachers, and Children Training Series; PACE; The Making Choices and Strong Families; The African Migrant Parenting; Strengthening Families; 123 Magic; PDEP and FAST. Conclusion: The sexual violence prevention program for children that can be implemented by the Indonesian government was using teaching methods based on school curricula that can be delivered by teachers. For parent, the program that could be implemented by the Indonesian government was using positive parenting methods that focus on preventing sexual violence against children and delivered by expert facilitators. To reach children and families with different cultural backgrounds, the Indonesian government could adapt sexual violence prevention programs for the Australian minorities and The African Migrant Parenting.