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All Journal Ilmu Hukum Prima Indonesian Journal of Criminal Law Studies
Jarot Jati Bagus Suseno
Universitas Prima Indonesia
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PANDANGAN TENTANG HUKUM DAN KEADILAN Jarot Jati Bagus Suseno
Ilmu Hukum Prima (IHP) Vol. 1 No. 2 (2018): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (294.756 KB)

Abstract

Law as a method is always declared to be generally applicable to anyone and anywhere in the territory of the country, without discrimination. Although there are exceptions stated explicitly and based on certain reasons that can be accepted and justified. Basically, the law does not apply in a discriminatory manner, except for law enforcement officials or organizations in social reality that have imposed the law in a discriminatory manner. Finally, law enforcement does not reflect the existence of legal certainty and a sense of justice in society. Law will be meaningful if human behavior is influenced by law and if people use the law according to their behavior, while on the other hand the effectiveness of the law is closely related to the problem of legal compliance as the norm. This is different from the basic policies that are relatively neutral and depend on the universal value of the objectives and reasons for establishing legislation. In practice we see that there are laws which are mostly obeyed and there are laws that are not obeyed. The legal system will clearly collapse if everyone does not comply with the law and the law will lose its meaning. The ineffectiveness of laws tends to influence the timing of attitudes and quantity of non-compliance and has a real effect on legal behavior, including behavior of lawbreakers. This condition will affect law enforcement which guarantees certainty and justice in the community.
Mairil and Nyempet as Child Sexual Violence in Pesantren: Contradictions of Traditional Norms, Religion, and Criminal Law Policy in Indonesia Mohamad Tohari; Iqbal Kamalludin; Jarot Jati Bagus Suseno; Achmad Jauhari Umar; Bunga Desyana Pratami
Indonesian Journal of Criminal Law Studies Vol. 9 No. 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.36417

Abstract

Pesantren, Islamic educational institutions in Indonesia, traditionally provide dormitories for santri, students dedicated to religious studies from childhood through adolescence. However, adolescence often coincides with heightened curiosity about sexuality, leading to behaviors like "Mairil" and "Nyempet." Mairil involves affectionate interactions between individuals of the same gender, which can escalate to physical actions known as Nyempet, distinct from sodomy. This socio-legal study employs a qualitative approach focusing on substantive justice in criminal policy. The research underscores that Mairil and Nyempet constitute forms of sexual violence prevalent in pesantren. Despite inconsistencies with religious norms and criminal law, enforcement remains inadequate. It advocates for a comprehensive approach involving pesantren and competent authorities to tackle these issues. Key recommendations include enhancing victim protection, enforcing existing laws rigorously, and raising societal awareness through education on individual rights and humanitarian principles. In conclusion, addressing Mairil and Nyempet requires concerted efforts from all stakeholders to ensure justice, protect victims, and promote a more inclusive understanding within Indonesian society and its educational institutions.
Co-Authors Achmad Jauhari Umar Bunga Desyana Pratami Iqbal Kamalludin Mohamad Tohari