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Journal : JURNAL MAGISTER HUKUM UDAYANA

An Analysis of Femicide on Online Media Reporting in Indonesia from the Perspective of Human Security Ika Dewi Sartika Saimima; Endang Hadrian; Anggreany Haryani Putri
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 11 No 2 (2022)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2022.v11.i02.p04

Abstract

This article aims to explore theoretical problems related to femicide reporting that occurs in online media. There are two ways of thinking about femicides from a human security perspective; this is a form of continuous violence against women in the public sphere. Femicide that occurs in online media is an act of reporting that is carried out to gain readers without victims or their families. The next is Femicide in the sense of gender inequality in handling cases in the private sphere related to violence against women in private, such as domestic violence. A descriptive analysis method with a literature study approach and legislation is used to obtain actual data related to femicide cases in Indonesian online media. A qualitative approach is also used to analyze issues of femicide from a human security perspective. Through the Draft Criminal Code, criminal law reform is urgently needed in handling cases of violence against women. The imposition of criminal sanctions stipulated in the Criminal Code is carried out by weighing criminal sanctions plus 1/3 (one third) for perpetrators who are within the family scope. Likewise, if the perpetrator of the crime comes from a party outside the family, the criminal sanction is added by 1/3 (one-third) of the primary offense. This criminal weighting is expected to have a deterrent effect on perpetrators of violence against women.
Criminal Mediation and Customary Sanctions for Children in Conflict with The Law Ika Dewi Sartika Saimima; Anggreany Haryani Putri; Widya Romasindah Aidy
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 12 No 4 (2023)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2023.v12.i04.p04

Abstract

Restorative justice is a method used to resolve child conflict cases, involving criminal mediation and customary sanctions. This model involves all parties involved, including victims, victim families, perpetrators, indigenous communities, and law enforcement. The study investigates the treatment of children involved in criminal acts, focusing on criminal mediation and customary sanctions. It uses a normative/doctrinal approach, examining child protection law, the child criminal justice system, and arbitration law. Examples of customary sanctions applied by Lampung, Minangkabau, and Bali tribes are also included. The research uses the IRAC method and library research to gather secondary data. The study aims to provide an overview of child case settlement mechanisms, incorporating vertical and horizontal synchronizations. However, inconsistencies in applying restorative justice, particularly in cases of children in conflict with the law, are highlighted. Customary sanctions should be used for children in conflict with the law, and criminal mediation is proposed as an alternative. Family and community conferences are also proposed as solutions.