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All Journal RIO LAW JURNAL Solidaritas: Jurnal Pengabdian
Utami, Pangestika Rizki
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Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : RIO LAW JURNAL

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Sensitivitas Gender dalam Putusan Hakim Perkara Pembagian Harta Bersama di Pengadilan Agama Purwokerto dan Banyumas Utami, Pangestika Rizki; Cahyani, Indah Dwi
RIO LAW JURNAL Vol 5, No 2 (2024): Vol.5 No. 2 2024
Publisher : Universitas Muara Bungo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36355/rlj.v5i2.1380

Abstract

The discussion about gender is interesting to discuss, because later it will refer to two divisions namely; gender sensitivity or gender bias. This study tries to explore and analyze gender sensitivity through several decisions of religious court judges whether in legal considerations the judges are gender sensitive or gender biased, and in this study researchers seek to find out the implementation of PERMA Number 3 of 2017 in implementation at the Purwokerto and Banyumas Religious Courts through interviews with the judge examining the case, especially in cases of distribution of joint assets. In the decisions of the Purwokerto and Banyumas Religious Courts which will become the object of research, through a study of decisions in the legal considerations of the judges of each court and how the implementation of PERMA number 3 of 2017. This research uses empirical normative research methods through a qualitative juridical approach where researchers conceptualize law as a normative system, namely through library research (library reasearch) using additional data in the form of direct interviews with research respondents. Based on legal considerations, several decisions of the Purwokerto Religious Court were in accordance with existing regulations and the case examining judge was gender sensitive, but in several cases the division of assets with the woman who filed the lawsuit was a housewife. Whereas in the decision of the Banyumas Religious Court based on the judge's legal considerations there was a decision that the judge in deciding to consider the distribution of joint assets based on sharing during marriage by proving it in the Decision which stated that women are entitled to more than half of the distribution of joint assets this is based on the Jurisprudence of Cassation Decision Number 266K /AG/2010 which deviates from the provisions of Article 97 KHI as a formal legal principle, but judges as law makers (judge made law) must be more observant in seeing the basics of justice in accordance with the principle of justice and the principle of proportional balance.
PERLINDUNGAN HUKUM BAGI KORBAN KEKERASAN SEKSUAL BERBASIS GENDER DAN ANAK BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL DI WILAYAH KABUPATEN BANYUMAS Utami, Pangestika Rizki
RIO LAW JURNAL Vol 7, No 1 (2026): Rio Law Jurnal
Publisher : Universitas Muara Bungo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36355/rlj.v7i1.1927

Abstract

The incidence of sexual violence is on the rise in Indonesia. In practice, victims of sexual violence frequently encounter discrimination across various domains. With the ratification of Law Number 12 of 2022 concerning Sexual Violence Crimes (SVCL), it is anticipated that victims of sexual violence will be able to secure assurances of justice and legal certainty, as well as opportunities for recovery. The purpose of this study is to analyze the implementation of the SVCL in the legal jurisdiction of Banyumas Regency. This research is categorized as field research. The method of data collection involved participant observation. The collected data was then analyzed using a series of steps including data reduction, data display, and data verification. This analysis was conducted by applying Chamblis and Seidman's theory on the operation of law within society. Based on the research findings, the Banyumas Child Protection and Empowerment Unit (UPTD PPA Banyumas) plays a pivotal role in the implementation of the SVCL concerning legal protection within the jurisdiction of Banyumas Regency. This encompasses various processes such as receiving community or victim complaints, as well as providing medical, psychological, and legal support. The legal support offered by UPTD PPA Banyumas encompasses procedures ranging from police investigations, prosecution by the attorney's office, to the evidentiary examination process in court. Another form of legal protection extended to victims is the fulfillment of restitution. Restitution fulfillment is pursued with the assistance of the Witness and Victim Protection Agency (LPSK) through the trial's evidentiary process in court. This will serve as a fundamental legal consideration for judges in rendering verdicts concerning cases of sexual violence.
Co-Authors Cahyani, Indah Dwi Pangestuti, Ciptandi Dwi