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All Journal PROGRESIF: Jurnal Hukum Ipso Jure
Rakhmawaty, Dessy
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Law, Crime, Criminology & Criminal Justice

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Kekerasan Seksual Terhadap Perempuan: Realitas dan Hukum: Realitas dan Hukum Siregar, Elizabeth; Rakhmawaty, Dessy; Siregar, Zulham Adamy
PROGRESIF: Jurnal Hukum Vol 14 No 1 (2020): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v14i1.1778

Abstract

Violence against women is a crime that almost occurs in all cultures and countries that occur both in public and private spaces. Based on Komnas Perempuan's annual records, almost all regions of Indonesia committed these crimes. The most common violence is sexual violence. In Jambi, during the period of 2017-2019 there were several cases of rape and sexual abuse and other violence. And what's interesting is that some cases have other dimensions of action that are actually important to study how the application of the law to the event. This research is empirical, because it examines facts or legal events by then examining how the application of the law. From the results of the study showed that, the type of sexual violence decided by the judge, generally related to the crime of rape and molestation as contained in the Criminal Code. In the imposition of sanctions, none of the judges has given the maximum sentence, even though the trial proved guilty. In the case of the application of the law, law enforcers in this case prosecutors and judges guide the Criminal Code, which indeed includes rape and molestation arrangements. Although in reality the actual cases have different dimensions of action (more than one) and deserve to be given threats that are in accordance with the perpetrators' actions. In this case, there is a legal vacuum that actually results in uncertainty in fulfilling a sense of justice for women (victims). So it is important to reform the provisions regarding sexual violence by adopting the value of protecting women and accommodating the wisdom principle of the Indonesian nation namely Pancasila and accommodating the principles of gender justice
Implementation of Criminal Law Enforcement Against Environmental Pollution in Indonesia Hafrida, Hafrida; Rakhmawaty, Dessy; Herlambang, M. Ricky Putra
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.41

Abstract

Criminal law enforcement is an important instrument in protecting and managing the environment in a sustainable manner. This study aims to analyze the application of criminal law to environmental pollution based on Law Number 32 of 2009 and identify obstacles in its implementation. The focus of the study includes the effectiveness of criminal sanctions against polluters and factors that hinder the optimization of law enforcement. The method used is empirical juridical with a qualitative approach, through interviews, observations, and document studies at the Jambi City Environmental Office. Research shows that criminal law enforcement has not been running optimally. The administrative and restorative justice approach is more dominant, but it has not been effective in having a deterrent effect. The main obstacles include weak coordination between institutions, limited resources, and low awareness of business actors on environmental document obligations. In addition, the permissive legal culture and the infrequent application of criminal sanctions also weaken law enforcement. There is a need to strengthen synergy between agencies, increase the capacity of law enforcement officials, and balance between repressive and restorative approaches. More effective criminal law enforcement is expected to improve legal compliance and provide real protection for the environment.
Co-Authors Hafrida Herlambang, M. Ricky Putra Siregar, Elizabeth Siregar, Zulham Adamy