Articles
<![CDATA[Victimological Approaches to Crime of Rape in Indonesian Criminal Justice System ]]>
<![CDATA[Dimyati, Khudzaifah]]>;
<![CDATA[Angkasa, Angkasa]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.1292
<![CDATA[Neglect of rape victims in the Indonesian Criminal Justice System implicates at least two things; first, the victim does not receive legal protection, and second, the decisions of judges do not fulfill the sense of justice. Neglect of victims in the Criminal Justice System cannot be separated from the theory, doctrine and legislation, especially criminal law or the Penal Code, Criminal Procedure Code and the Corrections Act, which is oriented merely to the perpetrators (criminal oriented) instead of victims (victim oriented). Regarding the conditions above, this study was intended to provide a solution of the problems so that victims in the Criminal Justice System obtain legal protection and the decision of judges could fulfill the sense of justice.]]>
<![CDATA[Deprivation of Inmates in Conducting Imprisonment and Guidance in Penitentiary on Victimology Perspective ]]>
<![CDATA[Angkasa, Angkasa]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v5i1.38520
<![CDATA[Prisoners who undergo imprisonment tend to experience 5 (five) types of deprivation, deprivation of liberty, deprivation of goods and services, deprivation of heterosexual relationships, deprivation of heterosexual experiences, deprivation of liberty deprivation of autonomy, and deprivation of security. The research was conducted with a sociological juridical approach with a sample of Cipinang Class I Correctional Institution research sites and Banjarmasin Class II Correctional Institution as a correctional facility with prisoners' occupancy levels in excess of available capacity (overpopulation). In conditions with very high percentage of overpopulation, deprivation in the perspective of victimization has created victims in this case individual prisoners are caused because the Ministry of Law and Human Rights in this case the prison has carried out policies and actions that are not in accordance with existing provisions especially related to several provisions of Article 12 of the Republic of Indonesia Law No. 12 of 1995 Concerning Corrections, as well as the 4 (four) principles of the 10 (ten) Correctional Principles as stipulated in the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 11 of 2017 About the Grand Design Overcrowded Handling in State Detention Centers and Penitentiaries. Efforts to reduce the existence of overpopulation or overcrowded that can cause victims of human rights violations for prisoners have been carried out through the Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 11 of 2017, but not yet effective.]]>
<![CDATA[Green Victimology Perspective the Law Number 32 of 2009 on Environmental Protection and Management ]]>
<![CDATA[Angkasa, Angkasa]]>
<![CDATA[ Jurnal Media Hukum Volume 27, Number 2, December 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.20200153
<![CDATA[Green victimology refers to the study of victimology that focuses on victims of environmental harm. The object of this new study cannot be separated from the philosophical values that underlie the growth of green victimology. Through literature research based on secondary data, this research focuses on two studies. The first is about the philosophical foundations of green victimology and the second is about the perspective of green victimology in the Law Number 32 og 2009 on Environmental Protection and Management. Based on the results of the research, it can be stated that the foundation of green victimology ecocentrism which sees that the environmental entities have intrinsic value in virtue of their own interests apart from its instrumental or utilitarian value for humans. This is different from the values underlying the previous victimological study that was based on anthropocentrism. Ecocentrism has been adopted in the Law Number 32 of 2009 on Environmental Protection and Management.]]>
<![CDATA[Deprivation of Inmates in Conducting Imprisonment and Guidance in Penitentiary on Victimology Perspective ]]>
<![CDATA[Angkasa, Angkasa]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v5i1.38520
<![CDATA[Prisoners who undergo imprisonment tend to experience 5 (five) types of deprivation, deprivation of liberty, deprivation of goods and services, deprivation of heterosexual relationships, deprivation of heterosexual experiences, deprivation of liberty deprivation of autonomy, and deprivation of security. The research was conducted with a sociological juridical approach with a sample of Cipinang Class I Correctional Institution research sites and Banjarmasin Class II Correctional Institution as a correctional facility with prisoners' occupancy levels in excess of available capacity (overpopulation). In conditions with very high percentage of overpopulation, deprivation in the perspective of victimization has created victims in this case individual prisoners are caused because the Ministry of Law and Human Rights in this case the prison has carried out policies and actions that are not in accordance with existing provisions especially related to several provisions of Article 12 of the Republic of Indonesia Law No. 12 of 1995 Concerning Corrections, as well as the 4 (four) principles of the 10 (ten) Correctional Principles as stipulated in the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 11 of 2017 About the Grand Design Overcrowded Handling in State Detention Centers and Penitentiaries. Efforts to reduce the existence of overpopulation or overcrowded that can cause victims of human rights violations for prisoners have been carried out through the Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 11 of 2017, but not yet effective.]]>
<![CDATA[APPLICATION OF DIVERSION PENAL MEDIATION ON SEXUAL VIOLENCE CASES TO REALIZE CHILD PROTECTION FOR VICTIMS OF SEXUAL VIOLENCE ]]>
<![CDATA[Setya Wahyudi]]>;
<![CDATA[A Angkasa]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 18, No 3 (2018) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2018.18.3.1704
<![CDATA[Diversion is the granting of the authority of law enforcers to transfer the settlement of Child cases from the criminal justice process to the criminal justice process, with the aim of achieving peace between the victim and the child who commits a crime. This research is to find out about: how to apply diversion to cases of sexual violence against children, and whether diversion penal mediation can be applied to cases of sexual violence to realize the protection of children victims of sexual violence. Based on research in Central Java, barriers to the application of diversion system are from legislative factors, structural factors as well as community legal cultural factors. Along with the application of reasoning mediation diversion, these obstacles can be avoided. The application of the diversion penal mediation as a means to protect children of perpetrators and children of victims of child sexual violence. In the future there needs to be a willingness and courage for child law enforcers, to apply the diversion penal mediation to cases of child sexual violence Keyword: diversion, penal mediation, sexual violence]]>
<![CDATA[MODEL PERADILAN RESTORATIF DALAM SISTEM PERADILAN ANAK (Kajian tentang Praktik Mediasi Pelaku dan Korban dalam Proses Peradilan Anak di Wilayah Hukum Balai Pemasyarakatan Purwokerto) ]]>
<![CDATA[Angkasa Angkasa]]>;
<![CDATA[Saryono Hanadi]]>;
<![CDATA[Muhammad Budi Setyadi]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 9, No 3 (2009) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2009.9.3.230
<![CDATA[Legal fundament of implementation of restorative justice in the phase investigation of juvenile justice system in Indonesia stated in article 5 sentence (1) Law No. 8 Year 1981 concerning KUHAP; article 42 Law No. 3 Year 1997 concerning juvenile court, article 16 sentence ( 1) letter (l), sentence (2) and article 18 Law No. 2 Year 2002 concerning Police Department of Republic of Indonesia, Confidential Telegram of Kabareskrim No. Pol. TR/359/DIT,I/VI/2008. Mediation Perpetrator and Victim in the course of Jurisdiction of Child in jurisdiction territory of prison in Purwokerto, in the form of peace among victim and perpetrator of this child, is conducted in inspection phase, is in prosecution phase and inspection of justice have never been conducted by mediation. Implementation of Mediation in case of child in Jurisdiction territory of Bapas Purwokerto, not yet earned a Restorative Justice Model. This Matter is based on fact that goals of this mediation practice tend to only aim to decontrol continuation. Kata kunci: Juvenile Justice System; Restorative Justice Model; Mediation; prison]]>
<![CDATA[PENGAWASAN KINERJA ADVOKAT DALAM PEMBERIAN BANTUAN DAN PELAYANAN JASA HUKUM (STUDI DI JAWA TENGAH) ]]>
<![CDATA[Agus Raharjo]]>;
<![CDATA[Angkasa Angkasa]]>;
<![CDATA[Hibnu Nugroho]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 14, No 2 (2014) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2014.14.2.295
<![CDATA[The performance of advocate simply defined as the effectiveness of the services provided by advocates and efficiency of resources allocated and used to prepare such services. There are several reasons that make the effectiveness of the performance advocate can not be determined as exact. Research that seeks to find and locate the causes of the use of empirical legal research methods with sociological and economics approach. The indicators of performance can be classified into several types, namely efficiency, effectiveness, cost-effectiveness and impact indicators. Based on the results of a study of lawyers, law firm/law office or legal aid organizations in Central Java, a performance indicator has not been implemented fully and consistently. They have not implemented a process-oriented quality management as an end result of legal services. Orientation is still focused on the principle of win-lose in handling criminal cases, and management principles are ignored. Transparency as a precondition for performance measurement is also difficult to obtain. This happens because the oversight of the work of da n their performance is still very weak. Keywords: advocate, performance, legal services, legal aid]]>
<![CDATA[OVER CAPACITY NARAPIDANA DI LEMBAGA PEMASYARAKATAN, FAKTOR PENYEBAB, IMPLIKASI NEGATIF, SERTA SOLUSI DALAM UPAYA OPTIMALISASI PEMBINAAN NARAPIDANA ]]>
<![CDATA[Angkasa Angkasa]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 10, No 3 (2010) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2010.10.3.46
<![CDATA[Overcapacity happened because growth rate dweller of ill assorted prison with dwelling medium of prison. Besides seems there are some other impeller factors to the happening of the paradigm overcapacity or law factors of itself which tend to oriented institutional crime (prison). Overcapacity tend to to have negative implication to some matters for example the lowering of security storey;level / observation and also the happening of prisonization. Solution of overcapacity convict in prison in the effort optimalization construction of convict in the effort optimalization construction of convict for example with a few actions having the character of non-institutional in the form of conditional crime, probation, suspended, compensation, restitution and also usage of restorative justice. Keyword: overcapacity, convict, justice restorative]]>
<![CDATA[Green Victimology Perspective the Law Number 32 of 2009 on Environmental Protection and Management ]]>
<![CDATA[Angkasa Angkasa]]>
<![CDATA[ Jurnal Media Hukum Volume 27, Number 2, December 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/jmh.20200153
<![CDATA[Green victimology refers to the study of victimology that focuses on victims of environmental harm. The object of this new study cannot be separated from the philosophical values that underlie the growth of green victimology. Through literature research based on secondary data, this research focuses on two studies. The first is about the philosophical foundations of green victimology and the second is about the perspective of green victimology in the Law Number 32 og 2009 on Environmental Protection and Management. Based on the results of the research, it can be stated that the foundation of green victimology ecocentrism which sees that the environmental entities have intrinsic value in virtue of their own interests apart from its instrumental or utilitarian value for humans. This is different from the values underlying the previous victimological study that was based on anthropocentrism. Ecocentrism has been adopted in the Law Number 32 of 2009 on Environmental Protection and Management.]]>
<![CDATA[AKSES KEADILAN BAGI RAKYAT MISKIN (DILEMA DALAM PEMBERIAN BANTUAN HUKUM OLEH ADVOKAT) ]]>
<![CDATA[Agus Raharjo]]>;
<![CDATA[A Angkasa]]>;
<![CDATA[Rahadi Wasi Bintoro]]>
<![CDATA[ Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 27, No 3 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Gadjah Mada ]]>
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DOI: 10.22146/jmh.15881
<![CDATA[Legal aid for the poor people is a right, but in practice it is hard to do. There is a contradiction between law No. 16 of 2011 which gives obligation of the granting of legal aid is located at LAO which have been accredited, and the provisions of Article 22 (1) of law No. 18 of 2003 which gives obligation to the advocate as an individual. In the realm of practice, the granting of legal aid is not running properly because many advocate/LAO who still wear rate/fee, shifting ideology advocates from officium nobile to the commercialization, and the convoluted Government disbursements. Bantuan hukum bagi rakyat miskin merupakan hak yang dijamin oleh konstitusi, tetapi praktiknya terasa sulit. Metode penelitian hukum normatif dan empiris digunakan untuk mengungkap persoalan tersebut. Terdapat kontradiksi antara UU No. 16 Tahun 2011 dengan UU No. 18 Tahun 2003. Berdasar UU No. 16 Tahun 2011, kewajiban pemberian bantuan hukum terletak pada OBH yang telah terakreditasi, bukan pada advokat sebagai individu sebagaimana ketentuan Pasal 22 ayat (1) UU No. 18 Tahun 2003. Pada ranah praktik, pemberian bantuan hukum ini tak berjalan semestinya karena banyak advokat/OBH yang mengenakan tarif/bayaran kepada orang yang dibelanya, pergeseran ideologi advokat dari officium nobile ke komersialisasi perkara, dan pencairan dana pemerintah yang berbelit-belit.]]>
