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OPTIMIZING RESTORATIVE JUSTICE PROGRAM FOR THE BEST INTEREST OF THE CHILDREN IN REFORMING JUVENILE JUSTICE SYSTEM IN UTAH Pratiwi, Cekli S
Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

This study examine first, to what extent the fully restorative justice system could be implemented in the Utahâ€™s JJSÂ and supported by the legislations so that the minor can enjoy a special protection while they still have the opportunity to participate actively with accountability in solving the problemÂ without destroy their freedom and dignity and can bring more benefit to their best interest. Second, to what extent the right to legal counsel could help the minor to enjoy their constitutional rights as well as to seek a better solution of their problem. The research done by observing the review hearing, pre-trial, petition, trial at the Fourth Judicial District Courthouse Provo and the detention hearing at Slate Canyon Youth Center. The data is also collected from various secondary resources such as the Utah Statutes, the international and regional instruments. There is an opportunity for the JJS Utah county to shift from applying the partly to the fully RJP specially for truancy or misdemeanor cases and the right to access public defender should be automatically granted to the minors.

Bridging the Gap Between Cultural Relativism and Universality of Human Rights: Indonesia Attitudes Pratiwi, Cekli Setya
JILS (Journal of Indonesian Legal Studies) Vol 5 No 2 (2020): Legal Developments in National and Global Context: Various Contemporary Issues
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i2.39271

Debates on the universality of human rights and cultural relativism seem to be eternal and will continue to exist as societal dynamics bring different views, concepts, and understandings of human rights and culture. However, it cannot be denied that modern international human rights law which is currently being referred to and adopted by the international community, still creates gaps in the protection of human rights. Meanwhile, the development of cultural relativism in the 20th century is quite successful in bridging the gap between the two and contributing positively to the implementation of international human rights law at the domestic level. Nonetheless, the cultural relativism approach presents critiques and challenges. By using various secondary resources, this paper begins with the concept of, debates between, and challenges of cultural relativism and universality of human rights. The paper indicates that the contribution of cultural relativism can be seen from building tolerance and protection of communal rights, the rights of marginal groups, and the optimization of domestic law when dealing with some competingÃ¢â‚¬â„¢s rights. This is a good opportunity to reduce discriminatory actions against marginalized groups for maintaining tolerance and harmony in a plural society. The effectiveness of the application of "margin appreciation" in Europe should be the best practice to actualize "Asian values" or "African values" in formulating the concepts of "public morality" or "public order" clearly and precisely. The cultural relativism approach may not be used by a government to justify any human rights violation. Both of these are important considerations for Indonesia because of its ambiguous attitude in placing these two theories appropriately and purposefully.

Bridging the Gap Between Cultural Relativism and Universality of Human Rights: Indonesia Attitudes Pratiwi, Cekli Setya
JILS (Journal of Indonesian Legal Studies) Vol 5 No 2 (2020): Legal Developments in National and Global Context: Various Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i2.39271

Debates on the universality of human rights and cultural relativism seem to be eternal and will continue to exist as societal dynamics bring different views, concepts, and understandings of human rights and culture. However, it cannot be denied that modern international human rights law which is currently being referred to and adopted by the international community, still creates gaps in the protection of human rights. Meanwhile, the development of cultural relativism in the 20th century is quite successful in bridging the gap between the two and contributing positively to the implementation of international human rights law at the domestic level. Nonetheless, the cultural relativism approach presents critiques and challenges. By using various secondary resources, this paper begins with the concept of, debates between, and challenges of cultural relativism and universality of human rights. The paper indicates that the contribution of cultural relativism can be seen from building tolerance and protection of communal rights, the rights of marginal groups, and the optimization of domestic law when dealing with some competingâ€™s rights. This is a good opportunity to reduce discriminatory actions against marginalized groups for maintaining tolerance and harmony in a plural society. The effectiveness of the application of "margin appreciation" in Europe should be the best practice to actualize "Asian values" or "African values" in formulating the concepts of "public morality" or "public order" clearly and precisely. The cultural relativism approach may not be used by a government to justify any human rights violation. Both of these are important considerations for Indonesia because of its ambiguous attitude in placing these two theories appropriately and purposefully.

OPTIMIZING RESTORATIVE JUSTICE PROGRAM FOR THE BEST INTEREST OF THE CHILDREN IN REFORMING JUVENILE JUSTICE SYSTEM IN UTAH Cekli S Pratiwi
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 2 (2019): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

This study examine first, to what extent the fully restorative justice system could be implemented in the Utah’s JJS and supported by the legislations so that the minor can enjoy a special protection while they still have the opportunity to participate actively with accountability in solving the problem without destroy their freedom and dignity and can bring more benefit to their best interest. Second, to what extent the right to legal counsel could help the minor to enjoy their constitutional rights as well as to seek a better solution of their problem. The research done by observing the review hearing, pre-trial, petition, trial at the Fourth Judicial District Courthouse Provo and the detention hearing at Slate Canyon Youth Center. The data is also collected from various secondary resources such as the Utah Statutes, the international and regional instruments. There is an opportunity for the JJS Utah county to shift from applying the partly to the fully RJP specially for truancy or misdemeanor cases and the right to access public defender should be automatically granted to the minors.

IMPLEMENTASI RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA KASUS BULLYING DI BLITAR (STUDI PUTUSAN NO : 449/ PID.SUS / 2012 / PN.BLT.) Ahmedhio Rahmadhani; Cekli Setya Pratiwi
Jurnal Restorative Justice Vol 6 No 1 (2022): Jurnal Restorative Justice
Publisher : Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/jrj.v6i1.4216

Today, crimes committed by children are growing quite rapidly. Bullying is an activity carried out with the aim of cornering other people with condescending tones, making fun of to physical violence. The judicial process against children often causes stigmatization and adverse impacts on children, one of the weaknesses is that the laws and regulations do not prevent children from entering formal justice from an early age. The crime of bullying has caused a lot of harm and unrest, such as the case that occurred in Blitar which started with two children who were violent against their own friends (study of decision no: 449/ pid.sus/2012/pn. blt.). The case ended with the imposition of a crime against the Defendant, even though UUSPPA has stipulated that protection must be given to children, including children who commit criminal acts. This writing uses a type of empirical normative research, namely by explaining the regulations that apply in regulating restorative justice and its implementation in the City of Blitar as well as the judge's considerations in deciding criminal regulations no. 449/Pidsus/2012/PN.Blt. The results of the study indicate that the application of restoratice justice in Blitar has not been carried out optimally because of the legal factor itself and the culture of the people in the area. One example of the application of restorative justice that has not been optimal is Decision Number 499/Pidsus/2012/PN.Blt because the judge handed down a criminal decision even though the imposition of a crime was a last resort against a child before the law. However, the Blitar District Court has made efforts to optimize the application of restorative justice in Blitar, one of which is by providing socialization and introduction to the community

Publications of the Identity of Children in Conflict with the Law on the Official Site of the Indonesian Supreme Court Decision Directory Duflitama Astesa; Cekli Setya Pratiwi
Jurnal Ilmiah Kebijakan Hukum Vol 16, No 2 (2022): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.213-234

Protection of children's rights in conflict with the law (ABH) is a state obligation. The protection aims to ensure the best interests of the child and to prevent discrimination. As stated in Article 19 of Law Number 11 of 2012, one of the rights is that law enforcement institutions are not allowed to publish the identities of ABH, either in print/ electronic media. However, their identities are still revealed in various Decisions of children's cases. Particularly, their identity is published on the Site of the Supreme Court's Ruling Directory. The purpose of this study is to find out why the Supreme Court Decision Directory Site does not keep the identity of ABH a secret and what are the implications. This research used a socio-legal approach. The results of the study show the management team did not understand their main tasks and rules of protecting the identity of ABH, inconsistency in checking copies of court decisions, ineffective monitoring, and only a handful of people reported the case so this situation is considered normal. The implications of the children’s identity disclosure have affected the rights of children, families, and applicable rules that do not provide legal certainty.

Ketentuan Pemidanaan Bagi Pelaku Pelaksana Vaksinasi yang Dipalsukan dan Vaksin Tidak Berizin pada Masa Darurat Pandemi Covid-19 Wini Putri Yuandri; Cekli Setya Pratiwi
Indonesia Law Reform Journal Vol. 2 No. 1 (2022): Maret, 2022
Publisher : Universitas Muhammadiyah Malang

Indonesia is being rocked by a pandemic that has also spread to various countries, namely as Covid-19. Symptoms caused by this virus vary, such as flu, shortness of breath, or infections similar to SARS and MERS. The community is also always emphasized to adapt to new habits in the form of implementing 3M, namely wearing masks, maintaining distance and washing hands with soap. In its development, the government has facilitated the public to carry out free COVID-19 vaccinations provided in each area of residence, but there are individuals who commit violations in the form of distributing unlicensed vaccines so that this makes it increasingly difficult for the government to discipline the implementers of the covid vaccine. -19 during the state of emergency. Then suggestions that can be given to the government in addition to government policies that must be responsive also need to emphasize the performance of vaccine implementing officers so that it does not happen outside the government's control during this emergency condition, not only that the government also needs to take firm action against elements who are stubborn by producing, distribute and distribute counterfeit vaccines. Abstrak Indonesia sedang diguncang oleh pandemi yang juga telah menyebar ke berbagai negara yaitu Covid-19. Gejala yang ditimbulkan oleh virus ini bermacam-macam seperti flu, sesak nafas, atau infeksi yang serupa dengan SARS dan MERS. masyarakat juga selalu ditekankan untuk beradaptasi dengan kebiasaan baru berupa menerapkan 3M yaitu Memakai masker, Menjaga jarak dan Mencuci tangan dengan sabun. Dalam perkembangannya, pemerintah telah memfasilitasi masyarakat untuk melakukan vaksinasi covid-19 secara gratis yang disediakan pada tiap-tiap daerah tempat tinggal, namun terdapat oknum-oknum yang melakukan pelanggaran berupa mendistribusikan vaksin yang tidak berizin sehingga ini membuat pemerintah semakin sulit mendisiplinkan oknum pelaksana vaksin covid-19 di masa keadaan negara sedang darurat. Kemudian saran yang dapat diberikan kepada pemerintah selain kebijakan pemerintah yang harus tanggap juga perlu mempertegas kinerja petugas pelaksanan vaksin agar tidak terjadi diluar kendali pemerintah di masa kondisi darurat ini, tidak hanya sampai disitu pemerintah juga perlu menindak tegas para oknum-oknum yang membandel dengan memproduksi, mengedar dan mendistribusikan vaksin tidak berijin.

IMPLEMENTASI RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA KASUS BULLYING DI BLITAR (STUDI PUTUSAN NO : 449/ PID.SUS / 2012 / PN.BLT.) Ahmedhio Rahmadhani; Cekli Setya Pratiwi
Jurnal Restorative Justice Vol 6 No 1 (2022): Jurnal Restorative Justice
Publisher : Musamus University

Today, crimes committed by children are growing quite rapidly. Bullying is an activity carried out with the aim of cornering other people with condescending tones, making fun of to physical violence. The judicial process against children often causes stigmatization and adverse impacts on children, one of the weaknesses is that the laws and regulations do not prevent children from entering formal justice from an early age. The crime of bullying has caused a lot of harm and unrest, such as the case that occurred in Blitar which started with two children who were violent against their own friends (study of decision no: 449/ pid.sus/2012/pn. blt.). The case ended with the imposition of a crime against the Defendant, even though UUSPPA has stipulated that protection must be given to children, including children who commit criminal acts. This writing uses a type of empirical normative research, namely by explaining the regulations that apply in regulating restorative justice and its implementation in the City of Blitar as well as the judge's considerations in deciding criminal regulations no. 449/Pidsus/2012/PN.Blt. The results of the study indicate that the application of restoratice justice in Blitar has not been carried out optimally because of the legal factor itself and the culture of the people in the area. One example of the application of restorative justice that has not been optimal is Decision Number 499/Pidsus/2012/PN.Blt because the judge handed down a criminal decision even though the imposition of a crime was a last resort against a child before the law. However, the Blitar District Court has made efforts to optimize the application of restorative justice in Blitar, one of which is by providing socialization and introduction to the community

Efektivitas Konvensi Ilo Nomor 100 Tahun 1951 Terhadap Kesenjangan Pemberian Upah Buruh Perempuan Dan Laki-Laki Dalam Melindungi Dan Menegakkan Hak Asasi Perempuan Di Indonesia Hakiki*, Imania Octiana; Pratiwi, Cekli Setya
JIM: Jurnal Ilmiah Mahasiswa Pendidikan Sejarah Vol 8, No 3 (2023): Juni, socio-economics, community law, cultural history and social issues
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jimps.v8i3.26071

Kesenjangan upah buruh adalah bentuk pelanggaran HAM yang mempengaruhi kesetaraan dan non diskriminasi di tempat kerja. Penelitian ini bertujuan menganalisis penerapan Konvensi ILO No. 100 Tahun 1951 dan fenomena kesenjangan upah buruh dalam konteks sosio legal. Metode penelitian menggunakan pendekatan sosio legal dengan analisis hukum dan data sosial. Hasil penelitian menunjukkan bahwa penerapan Konvensi ILO telah dilakukan oleh sebagian besar perusahaan di Indonesia, tetapi belum secara menyeluruh. Faktor penyebab kesenjangan upah buruh meliputi diskriminasi gender, pendidikan, pengalaman kerja, budaya patriarki, stigma masyarakat, dan ketidakadilan dalam sistem pengupahan. Analisis hukum menunjukkan bahwa kesenjangan upah buruh melanggar prinsip kesetaraan dan non diskriminasi yang diakui dalam hukum nasional dan internasional, termasuk HAM. Pembahasan menyoroti perlunya pemerintah memperkuat kebijakan pengupahan yang memastikan kesetaraan upah antara buruh pria dan wanita. Perusahaan perlu meninjau kebijakan pengupahan dan menerapkan praktik transparan dan adil. Penting meningkatkan kesadaran dan pendidikan tentang kesenjangan upah buruh serta mempromosikan budaya organisasi inklusif. Pemerintah perlu memperkuat penegakan hukum dan kesadaran. Saran penelitian ini adalah pemerintah harus meningkatkan pengawasan terhadap kebijakan pengupahan yang adil dan menegakkan hukum terhadap pelanggaran kesenjangan upah. Perusahaan harus mengevaluasi dan menyesuaikan kebijakan pengupahan serta menciptakan lingkungan kerja yang inklusif dan adil bagi semua buruh.

Critiques on Contemporary Discourse of International Human Rights Law: a Global South Perspective Pratiwi, Cekli Setya; Listiningrum, Prischa; Al Anwary, Muhammad Anis Zhafran
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

International human rights law faces various critiques among scholars such as Mutua and Posner. Mutua claims that international human rights law fails to accommodate cultural values, while Posner demands about its effectivity. Referring to Langford, this paper uses critical analytic approach to evaluate Posner’s critique and Mutua’s main thoughts. Langford counter critiques of Mutua and Posner are significant to mediate the discourses by providing current evidence. While opposing Posner and Mutua’s critiques of international human rights law, this paper supports Langford’s counter critiques because of three reasons. First, Langford's comprehension can ensure that IHRL not only accommodates individual rights but also communal rights. Second, Langford’s recent study indicates the effectiveness of international human rights law. Third, Langford develops a new optimism that social rights are justiciable although the strategic idea of integrating human rights with development still needs to be elaborated further. Therefore, it is significant to follow Langford’s suggestion to optimizing the international human rights law as the most recognized general standard to prevent human rights violation against the abusive power.

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