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All Journal Jurnal Dinamika Hukum PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Journal of SouthEast Asian Human Rights Journal of Law and Legal Reform
Barkhuizen, Jaco
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Addressing Prison Education and the Obstacles in Ensuring the Right to Education in Indonesian Juvenile Correctional Facilities Prayitno, Kuat Puji; Oktobrian, Dwiki; Barkhuizen, Jaco
Journal of Southeast Asian Human Rights Vol 7 No 2 (2023): December 2023
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v7i2.42656

Abstract

Reintegrating juvenile offenders into society with a positive reception is a primary objective of education, aimed at breaking the cycle of incarceration that results in recidivism. This article aims to delineate the prison education policies within Indonesian juvenile correctional facilities (LPKA), focusing on regulatory frameworks and their practical implementation. It focuses on the issue of the LPKA's capability in Indonesia to ensure access to education, which is a fundamental right of juvenile inmates, and on whether its benefits can be felt and realized. Data collection methods encompassed interviews, regulatory assessments, institutional report evaluations, and literature reviews. Findings indicate that, despite a 270% decrease in juvenile inmate numbers from 2018 to 2022, only 68% of this population was granted educational access. Contributing factors include specific regulatory constraints on educational access and a lack of innovative collaborations, even with the reduced workload in LPKA. The study advocates for the initiation of formal educational institutions within LPKA, minimizing reliance on the Ministry of Education and allowing for curriculum adaptation to prevailing conditions. Keywords: Prison Education, Right to Education, Juvenile Correctional Facilities, Juvenile Inmates, Social Rehabilitation
Legal Protections for Victims of Sexual Violence and the Rights of Victims Silmi, Rhaniya; Hendriana, Rani; Budiyono, Budiyono; Barkhuizen, Jaco; Harahap, Salman Paris
Jurnal Dinamika Hukum Vol 24, No 1 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.1.3884

Abstract

WHO has conducted surveys from 2000 to 2018, revealing that out of 161 countries, at least one in three women in the world has experienced physical and/or sexual violence. Additionally, The United Nations Entity for Gender Equality and the Empowerment of Women states that an estimated 35% of women worldwide have experienced physical and sexual violence. The issues addressed in this research are the specific regulations on sexual violence criminal acts in Law Number 12 of 2022 concerning the Sexual Violence Crime Law and the legal protection policy for victims of sexual violence. This research adopts a normative juridical approach, utilizing a literature review as well as secondary data analysis with a statute approach. The research findings indicate that the specific regulations in Sexual Violence Crime Law can be classified based on their definitions, types, evidence arrangements, victim rights, and criminal sanctions. The victim rights encompass the right to assistance, restitution, and compensation, the right to temporary protection, the right not to appear at trial, and the rights related to handling, protection, recovery, and rights for the family of victims of sexual violence criminal. The new regulations and provisions in Sexual Violence Crime Law have introduced many new innovations, particularly in legal protection policies that are oriented towards the rights of victims. However, some aspects still need to be considered to ensure the effective implementation of these regulations. It is necessary to promptly establish further implementing regulations regarding granting victims' rights.
Dysfunctional Factors of Environmental Law on Strategic Lawsuit Against Public Participation and Developing Remedial Strategies Through Reconstruction Criminal Law System Model in Indonesia Hartiwiningsih, Hartiwiningsih; Gumbira, Seno Wibowo; Barkhuizen, Jaco
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 10, No 3 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

The excessive criminalization of community and environmental enforcement activists has prolonged the problem of SLAPP (Strategic Lawsuits Against Public Participation) in Indonesia. This study explores the factors contributing to non-optimal protection for citizens and environmental law enforcement activists. It aims to develop an ideal model for formulating the criminal law system to address Indonesia's Strategic Lawsuit Against Public Participation (SLAPP). This study used a doctrinal juridical approach to analyze and identify the factors preventing environmental law from effectively providing legal protection to the community and activists advocating for a good, healthy, and safe environment or the occurrence of SLAPP. This research found that the new model should incorporate clear sentencing guidelines for law enforcement while addressing and reformulating conflicting legal instruments. The goal is to foster juridical harmonization, serving as a strategic approach to prevent SLAPP in the future.DOI: https://doi.org/10.22304/pjih.v10n3.a6 
Asset Seizure as an Effort to Recover State Assets Resulting from Criminal Corruption Nugroho, Hibnu; Budiyono, Budiyono; Ramadhani, Setiawan; Rantau, Palupi; Barkhuizen, Jaco
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.40778

Abstract

This research analyzes the effectiveness of asset forfeiture for corruption crimes in the Purwokerto District Prosecutor’s Office jurisdiction and designs future legal mechanism reconstruction using empirical juridical Research and Development (R&D) approach. Background reveals Indonesia’s Corruption Perceptions Index (CPI) stagnation at score 37 (rank 99/180 countries) in 2024, state losses Rp45.7 trillion versus <6% asset recovery, stalled Asset Forfeiture Bill in 2025 Prolegnas, and systemic in personam failure (KUHAP Article 39). Findings show Purwokerto effectiveness <50% due to systematic asset diversion patterns to family/third parties, post-verdict temporal gaps, weak Kejari-BPN-bank-PPATK coordination, forensic asset HR deficits, and LHKPN digital technology gaps. Emblematic cases Hendy Boedoro, Surya Darmadi, plus local PNPM Kedungbanteng-CV Jasa Pembangunan illustrate structural weaknesses. Reconstruction proposes Non-Conviction Based Asset Forfeiture (NCB) praconviction, dual track model PNS (Conviction Based via LHKPN) vs private sector (60-day reverse burden of proof), integrated IT platform AI forensic-blockchain land certificates, 20 prosecutors/kejari Asset Task Force, 24-hour inter-agency SLA, UNCAC harmonization 50 bilateral MoUs, and three-pillar political law with real-time transparent dashboard. 70% recovery target within 36 months realizes Peter Alldridge’s “crimes does not pay” doctrine, transforming Indonesia’s corruption law enforcement to global standards.
Co-Authors Budiyono Budiyono Dwiki Oktobrian Hartiwiningsih Hartiwiningsih Hendriana, Rani Hibnu Nugroho Kuat Puji Prayitno Rantau, Palupi Salman Paris Harahap Seno Wibowo Gumbira, Seno Wibowo Setiawan, Ramadhani Silmi, Rhaniya