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All Journal Jurnal Scientia Indonesia Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal
Astrovanapoe, Syahlila Umaya
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Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Contribution of Islamic Law to the Draft Law on the Elimination of Sexual Violence Huda, Muhammad Wahyu Saiful; Astrovanapoe, Syahlila Umaya
Jurnal Scientia Indonesia Vol 7, No 2 (2021): October 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jsi.v7i2.36147

Abstract

Cases of sexual violence are like an iceberg. Whereas human rights in the constitution have been contained, and mandated protection for the people of Indonesia. Especially with the Covid-19 pandemic, cases of sexual violence in Indonesia have increased drastically. In Indonesia's positive law has also contained love and obscenity. However, this still does not cover all the problems or types of sexual violence that occur. To cover all aspects of violence, Komnas Perempuan formed a bill on the Elimination of Violence. This bill is expected to examine the existing laws in Indonesia so far. Assessing that the majority of the Indonesian population is Muslim. So, the contents of the bill must not conflict with Islamic law. The research method used is normative juridical. With data sourced from literature on the internet. The PKS Bill is very urgent to ensure the safety of victims and other weak people who have the potential to become victims of sexual violence. However, this bill contains elements of sexual violence in the domestic sphere where a husband who forces him to have sex will be threatened with a crime. It should be noted, this coercion on what basis. The reason why the wife according to Islamic law must be clear according to the rules. During menstruation or when you are sick, it is permissible to refuse.
Implementation of Law Number 16 of 2011 Concerning Legal Aid as a Form of Implementation of the Welfare Law State Concept Huda, Muhammad Wahyu Saiful; Astrovanapoe, Syahlila Umaya; Amalia, Tia; Latifiani, Dian
Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Vol 3 No 2 (2023): IPMHI Law Journal, July 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ipmhi.v3i2.71410

Abstract

The law that regulates all lines of life is included in regulating legal aid. Indonesia as a rule of law country certainly regulates the implementation of legal aid. However, in practice, legal aid in Indonesia is considered not to have run optimally because many people find it difficult to get legal assistance when they experience problems related to law from a civil-criminal perspective as well as state administration. This of course causes misery to the community and it can be judged that the community does not experience prosperity. Therefore, the author wants to examine this problem using normative juridical research methods. And found that there are problems juridically from Law Number 16 of 2011 Concerning Legal Aid, the community, and executors providing legal aid. especially oversight of funds for the provision of legal aid. Therefore it is necessary to change from a juridical and implementation perspective to be regulated again in order to meet the needs of the Indonesian people.
Co-Authors Amalia, Tia Dian Latifiani Huda, Muhammad Wahyu Saiful