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All Journal AL-Ishlah : Jurnal Ilmiah Hukum HORIZON PUBLIC LEGAL STUDIES
Nasrullah Arsyad
Faculty of Law, Universitas Muslim Indonesia
Law, Crime, Criminology & Criminal Justice

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Gender Discrimination as a Legal Crisis Challenges to Protection in the Indonesian Criminal System Nur Hasrah; Nasrullah Arsyad; Muhammad Nur Iqbal
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/hegels.v2i1.1016

Abstract

This study aims to determine and analyze legal protection for victims of gender discrimination in Indonesian criminal law, especially based on Law Number 39 of 1999 concerning Human Rights. The research method used is normative legal research with a statutory and conceptual approach. The results of the study indicate that Law Number 39 of 1999 has regulated the principles of gender equality and protection against discrimination, but its implementation still faces various challenges. There are still gaps in the application of the law, weak enforcement of sanctions against perpetrators of gender discrimination, and minimal public awareness of their rights. In addition, this study also discusses the relationship with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which has been ratified by Indonesia but has not been fully implemented in the national legal system. strengthening regulations for the government and legislative institutions to formulate legal policies that are more responsive to gender discrimination issues. In addition, law enforcement officers and human rights protection institutions such as the National Commission on Violence Against Women and the National Human Rights Commission are also recommended to increase the effectiveness of case handling and victim advocacy. Increasing public legal awareness through gender-based legal education is also important so that legal protection can run optimally.
The Juridical Implications of an Acquittal for the Legal Protection of Children in Sexual Abuse Cases Aftar akbar; Mulyati Pawennei; Nasrullah Arsyad
Al-Ishlah: Jurnal Ilmiah Hukum Vol 28 No 2: Juni - November 2025
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/dpysb756

Abstract

The acquittal verdict in cases of child sexual abuse has generated debate between the demand for victim protection and the principle of procedural justice in criminal procedural law. This study aims to analyze the juridical implications of acquittal decisions on child legal protection through an examination of the Parepare District Court Decision No. 61/Pid.Sus/2024/PN.Pre, which has obtained final legal force. The research employs a normative legal approach using statutory analysis and judicial decision review. Legal materials are analyzed qualitatively to assess the conformity of judicial reasoning with evidentiary principles under the Criminal Procedure Code (KUHAP) and the Child Protection Law. The findings indicate that the acquittal constitutes a juridical consequence of the failure to fulfill the elements of the offense and the absence of judicial conviction based on the evidentiary standard set forth in Article 183 of the KUHAP. The decision reflects the application of the presumption of innocence and the principle of in dubio pro reo, while simultaneously highlighting weaknesses in evidentiary quality in cases of sexual violence against children. This study emphasizes the need to strengthen investigations, scientific-based evidence, and inter-agency coordination to ensure effective child legal protection without undermining procedural justice for defendants
Co-Authors Aftar akbar Muhammad Nur Iqbal Mulyati Pawennei Nur Hasrah