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ANALISIS PEMERKOSAAN DALAM RUMAH TANGGA (MARITAL RAPE): SEBAB, MODUS OPERANDI, PERLINDUNGAN HUKUM TERHADAP KORBANNYA DAN UPAYA MENGATASINYA Anjani, Salsabila; Sitepu, Rajin
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.779

Abstract

Marital Rape is something that makes a household unhappy, in fact it is a criminal act. Against this background, this research was conducted. This research is intended to reveal what causes the occurrence of Marital Rape, what is the modus operandi, how does the law protect victims and efforts to overcome them. This research is a normative juridical research in which data related to the Marital Rape problem are collected from library materials, both from journals, books and other library materials, the data obtained is then analyzed, identified, analyzed and concluded with inductive logic. The results of this study state that there are several reasons for Marital Rape, both direct causes, namely rejection by the wife; unbalanced libido and drunken husband. While the indirect causes are forced marriages; lack of communication and dependence of the wife because of economic difficulties. Furthermore, based on the analysis of several cases, the perpetrators tended to use violence and threats against the victim as well as threats of divorce so that the victim felt threatened and inevitably had to comply with the perpetrator's sexual desires regardless of the victim's condition. Legal protection for victims of Marital Rape has been regulated in a law, namely UU-TPKS. This law threatens to punish the perpetrators of Marital Rape. In addition, this law also regulates recovery efforts for victims of Marital Rape. Efforts that can be made to overcome cases of marital rape are as follows: Awareness and Education Raising; Effective Law Enforcement; Victim Support; Women empowerment; Collaboration between agencies.
Kebijakan Non Penal dalam Menanggulangi Kekerasan Fisik Terhadap Perempuan (Studi Penelitian di Kantor Dinas Pemberdayaan Perempuan dan Perlindungan Anak Kabupaten Labuhanbatu) Aulia, Paradina; Sitepu, Rajin
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1288

Abstract

The protection of a just and civilized humanity can be planned with rational protection through non-penal policies in crime prevention efforts. Criminal policy aims to provide protection to society in order to realize people's happiness in living a healthy and refreshing cultural life. The purpose of this study is to describe and analyze efforts to overcome physical violence against women in Labuhanabatu Regency at the office of women's empowerment and child protection. The method used in this research is empirical research located in Labuhanbatu Regency, namely at the Labuhanbatu Regency (P2TP2A) unit. The results of this study are that it was found that the data on physical violence against women in Labuhanbatu Regency. Labuhanbatu is that in 2021 there were 3 cases and in 2022 it increased to 9 cases. The forms of violence that occur are in the form of beatings, slaps, kicks, jambakan, strangulation which result in bodily damage such as bruises, facial injuries. Activities to Prevent Physical Violence Against Women carried out by the P2TP2A Office of Labuhanbatu Regency are Socialization and counseling on "Protection of Women and Children" to the community, Skills training, Labor market and employment opportunities, Start-up capital assistance program, Women's cooperatives, Small micro businesses, Opening a culinary business, Tailoring services. The Recovery Activities for Victims of Violence Against Women carried out by P2TP2A Labuhanbatu Regency are: Rehabilitation, Services, Assistance, Education.
Analisis Terhadap Masalah Tindak Lanjut Laporan Akhir Pemeriksaan (LAHP)/Rekomendasi Ombudsman Sitepu, Rajin; Syafitri, Isdiana
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1787

Abstract

This research is motivated by the fact that there are still many LAHP and/or Ombudsman Recommendations that are not implemented, while the implementation is a necessity for the realization of good, clean and efficient public service delivery and to prevent and eliminate abuse of authority as specified in the laws and regulations. This research was conducted using secondary data, which is sourced from the 2021 Annual Report of the Ombudsman RI, Laws and Regulations on the Ombudsman and on Public Services. From the research conducted, it is known that the factors causing the LAHP and / or Ombudsman Recommendations not to be implemented are due to: First, the legal material factor which still contains legal loopholes, intertwined with the Second factor, namely Law Enforcement, where not all Officials who have the authority to enforce the law oversee the implementation of LAHP and / or Recommendations, as well as impose administrative sanctions on the Reported Party who does not implement LAHP and / or Recommendations, and Third, the factor of those affected by the rule of law, where there is still an assumption of some Reported Party, that LAHP and / or Recommendations are only suggestions, not as something that must be implemented.
Analisis Terhadap Masalah Tindak Lanjut Laporan Akhir Pemeriksaan (LAHP)/Rekomendasi Ombudsman Sitepu, Rajin
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1888

Abstract

This research is motivated by the fact that there are still many LAHP and/or Ombudsman Recommendations that are not implemented, while the implementation is a necessity for the realization of good, clean and efficient public service delivery and to prevent and eliminate abuse of authority as specified in the laws and regulations. This research was conducted using secondary data, which is sourced from the 2021 Annual Report of the Ombudsman RI, Laws and Regulations on the Ombudsman and on Public Services. From the research conducted, it is known that the factors causing the LAHP and / or Ombudsman Recommendations not to be implemented are due to: First, the legal material factor which still contains legal loopholes, intertwined with the Second factor, namely Law Enforcement, where not all Officials who have the authority to enforce the law oversee the implementation of LAHP and / or Recommendations, as well as impose administrative sanctions on the Reported Party who does not implement LAHP and / or Recommendations, and Third, the factor of those affected by the rule of law, where there is still an assumption of some Reported Party, that LAHP and / or Recommendations are only suggestions, not as something that must be implemented.