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All Journal Diponegoro Law Review Jurnal Ilmiah Hukum LEGALITY
Putri, Devita Kartika
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Law, Crime, Criminology & Criminal Justice

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The urgency of a gender-based approach to counter terrorism in Indonesia: a look into the European policies Putri, Devita Kartika
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 2 (2022): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i2.21256

Abstract

In recent years, Indonesia has faced a rising rate of women's participation in terrorism. The Presidential Decree No. 7 of 2021concerning the National Action Plan for the Prevention and Countering of Violent Extremism that Leads to Terrorism 2020-2024 mentioned ‘gender mainstreaming’ to counter terrorism without elaborating how this gender-based approach was to be conceptualized in executing policy and regulatory framework. Therefore, this study analyzes the policies of European states. The objective of this study is to learn from the practice of European states to see how a gender-based approach could be further conceptualized under Indonesia’s counter-terrorism policy and regulatory framework. This article was based on normative research, employing both primary and secondary data. Furthermore, the discussion was based on three approaches: statutory, comparative, and conceptual approaches. The result of the study shows that a gender-based approach requires the Indonesian policy and regulatory framework to treat counter-terrorism as a cross-cutting issue between gender and the fulfillment of human rights.
THE RELEVANCE OF ‘CHARACTER WITNESS’ TESTIMONY IN CRIMINAL CASES IN INDONESIA Putri, Devita Kartika
Diponegoro Law Review Vol 9, No 1 (2024): Diponegoro Law Review April 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.1.2024.70-86

Abstract

Character witnesses evidentiary relevance remains underexplored in Indonesian academic discourse. This article addresses this gap by examining the circumstances in which character witness testimony holds significance. Using qualitative study referencing eleven court decisions in criminal cases, the research identifies three key contexts where character witness testimony proves relevant. First, it serves to elucidate elements crucial to the assessment of a crime. Second, it aids in determining whether a defendant should be exempted from criminal liability. Third, it may influence sentencing considerations by either mitigating or aggravating the severity of penalties imposed. Moreover, the article examines the limitations inherent in character witness testimony. It highlights that such testimony may lack relevance to provide contextual assistance to the judges Additionally, while character witness testimony can potentially enhance understanding of a defendant's disposition, it cannot serve as sole grounds for conviction. Propensity evidence derived from character witness statements may be considered in sentencing phases to influence severity but cannot independently establish guilt. This article contributes to a nuanced understanding of the role of character witnesses within the Indonesian legal framework, offering insights into their potential impact on judicial decision-making and the boundaries of their evidentiary value in criminal proceedings.
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