R Eriska Ginalita Dwi
Unknown Affiliation

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Kekosongan Norma dan Rekonstruksi Perlindungan Hukum bagi Korban Kekerasan Seksual dalam Relasi Pacaran Pasca Undang-Undang Nomor 12 Tahun 2022 Mulyadi Mulyadi; R Eriska Ginalita Dwi
Jurnal Hukum, Administrasi Publik dan Negara Vol. 3 No. 4 (2026): Juli : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v3i4.1185

Abstract

Sexual violence in dating relationships is increasing alongside the development of non-marital intimate relationships, yet it is frequently regarded as a private matter. Law Number 12 of 2022 recognises power imbalance as an element of sexual violence but does not explicitly regulate dating relationships as a protected context, creating legal vulnerabilities for victims. This study aims to analyse victim protection arrangements for sexual violence in dating relationships under the Sexual Violence Law and identify normative gaps that limit effective protection. This normative legal research employs statutory and conceptual approaches. Primary legal materials include the Sexual Violence Law, Domestic Violence Law, Witness and Victim Protection Law, and related regulations, while secondary materials consist of scholarly articles, books, and institutional reports collected through literature review. Data were analysed qualitatively-normatively through grammatical and systematic interpretation, supported by comparative analysis between relevant legal frameworks. The findings reveal that the Sexual Violence Law provides a legal basis through the recognition of power imbalance and victims’ rights to handling, protection, and recovery. However, protection remains general and lacks operational mechanisms. Eight normative gaps were identified, including the absence of a dating-relationship definition, unclear indicators of power imbalance, lack of immediate protection mechanisms independent of marital status, and limited trauma-informed and digital protection standards. This study recommends normative strengthening through implementing regulations that ensure legal certainty, effective protection, and sustainable access to justice for victims. The novelty lies in reconstructing dating-relationship-specific protection based on power-relations theory, victimology, and access to justice.
Kekaburan Norma Pasal 6 Undang-Undang Nomor 9 Tahun 1998 dan Rekonstruksinya melalui Tripartite Test ICCPR Pascatragedi Affan Kurniawan Alfadri Alfadri; R Eriska Ginalita Dwi
Jurnal Hukum, Administrasi Publik dan Negara Vol. 3 No. 4 (2026): Juli : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v3i4.1189

Abstract

Public order under Articles 6 and 13 of Law Number 9 of 1998 serves as the legal basis for restricting expression, yet the phrase lacks operational parameters. This vagueness opens space for subjective police interpretation of force, evidenced by repressive incidents culminating in Affan Kurniawan's death in 2025. This article analyzes the normative vagueness of public order in Law 9/1998 and formulates an ideal legal construction aligned with ICCPR standards. This research employs a normative legal methodology using both statutory and conceptual approaches. Primary legal materials include the 1945 Constitution, Law 9/1998, Law 2/2002, and Law 12/2005 ratifying the ICCPR, confronted against secondary materials comprising the Human Rights Committee's General Comment No. 37 and the Siracusa Principles. Analysis was conducted qualitatively-normatively with a descriptive-prescriptive character through deductive syllogistic reasoning that tests domestic norms against the ICCPR's tripartite test standard. The phrase public order in Article 6(d) of Law 9/1998 suffers semantic circularity and fails the lex certa principle and the prescribed-by-law test of the ICCPR tripartite test. This threshold vacuum shifts police discretion under Article 18 of Law 2/2002 from bound to unbridled discretion, evidenced by Affan Kurniawan's death and the LNHAM Joint Fact-Finding Report. Article 13A, requiring imminent life-threatening danger and ultimum remedium, effectively locks that space. These findings imply that legislators must promptly amend Law 9/1998 by embedding rigid public order parameters within its operative articles rather than the elucidation, while urging Polri to reform crowd-control regulations toward human rights-based policing that treats forced dispersal as ultimum remedium. This article's originality lies in employing the August 2025 Affan Kurniawan tragedy and the April 2026 Joint Fact-Finding Report of six national human rights institutions as up-to-date empirical evidence to test Law 9/1998's normative vagueness, while offering a concrete Siracusa Principles-based draft article absent from prior public-order scholarship.