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Collocation of restorative justice with human rights in Indonesia Ismail, Dian Ekawaty; Arsyad, Yusna; Ahmad, Ahmad; Nggilu, Novendri M.; Yassine Chami
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 2 (2024): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i2.35374

Abstract

Applying restorative justice in Indonesia is beset by obstacles like a lack of knowledge, inadequate infrastructure, and opposition from law enforcement, especially when human rights considerations are incorporated into the process. For this reason, the relationship between these two elements is worth examining. This paper explores and analyses the integration or synthesis of restorative justice with human rights in Indonesia. This paper employs a normative approach with prescriptive analysis based on studies of legislation and cases that integrate the principles of restorative justice with human rights. The findings indicate that collocation helps understand how grammatical structures can reflect and influence the interpretation of restorative justice in human rights, particularly in legal texts and policy reports. In Indonesia, restorative justice can be used in conjunction with the enforcement of human rights laws, particularly when addressing grave human rights breaches, since it emphasizes balanced reconciliation, recovery, and reintegration between offenders, victims, and society. In conclusion, although it has several implementation and legal issues, restorative justice can be an alternate strategy for resolving grave human rights breaches. The recommendations are for a stronger and more comprehensive legal framework to support the implementation of restorative justice in Indonesia's human rights context.
Pendampingan Masyarakat Desa dalam Membangun Kesadaran Mendaftarkan Tanah Hak Milik (Penyuluhan Hukum di Desa Buntulia Utara Kec. Buntulia Kab. Pohuwato) Nirwan Junus; Karlin Z. Mamu; Dian Ekawaty Ismail; Fence M Wantu; Mohamad Rusdiyanto U Puluhulawa; Dolot Alhasni Bakung; Julius T. Mandjo; Nuvazria Achir; Zamroni Abdusamad; Suwitno Yutye Imran
Nusantara: Jurnal Pengabdian kepada Masyarakat Vol. 2 No. 1 (2022): Februari: Jurnal Pengabdian Kepada Masyarakat
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/nusantara.v2i1.1420

Abstract

The problem of land ownership in Buntulia Village is influenced by the lack of knowledge and awareness of the community about land ownership rights because of the total population of 549 families, 463 people have not registered their own land. This of course raises a fairly basic problem by the village government to be resolved. Therefore, in this downstreaming, the service team provides understanding and legal knowledge to the community about the importance of registering property rights and providing assistance to the community together with the Land Agency through the Border Marks Post Community Movement (GEMA PATAS) in order to increase community participation in installing boundary markings, making it easier for BPN officers to take measurements, as well as being able to accelerate the government program on Complete Systematic Land Registration. Thus the community could see the importance of legalizing property rights to the land in order to avoid disputes and thereby give legal certainty to the parties.
TANGGUNG JAWAB ANAK TERHADAP ORANG TUA LANJUT USIA (LANSIA) DI DESA KAARUYAN KECAMATAN MANANGGU KABUPATEN BOALEMO Dolot Alhasni Bakung; Fence M Wantu; Weny A Dungga; Dian Ekawaty Ismail; Zamroni Abdussamad; Suwitno Y Imran; Mohamad Hidayat Muhtar; Julius T Mandjo
Nusantara: Jurnal Pengabdian kepada Masyarakat Vol. 2 No. 3 (2022): Agustus: Jurnal Pengabdian Kepada Masyarakat
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/nusantara.v2i3.1442

Abstract

Along with the time that continues to turn where previously children who were still toddlers were taken care of by their parents until they moved to the village and got a job and were busy to have a partner and offspring and their own lives, on the other hand the parents who used to raise them have now entered old age which should be the child's obligation to take care of parents at that time. The dilemma that occurs between the obligation to care for wives and children and work with caring for parents when they enter old age or old age. Responding to the phenomenon that occurs related to the child's obligation to choose parents when entering old age. So the service team from the Faculty of Law, Goronalo State University conducted counseling in a number of villages which basically had a number of problems related to this, including Kaaruyaan Village, Paguyaman District, Boalemo Regency, Gorontalo Province. The problems raised in this service include the background of children taking care of their own elderly parents at home and children who entrust elderly parents in nursing homes. Legal review of the responsibilities of children who entrust their parents in nursing homes. This research method uses qualitative methods and discussions in counseling, where the research was carried out in the Kaaruyaan Village area. The subjects of counseling are children who care for and children who entrust elderly parents (Elderly) in Nursing Homes. Observation, interviews and documentation. Extension results. The background of children choosing to entrust elderly parents in the orphanage is triggered by a number of things including work, obstacles in communication between family and parents, incompatibility between the wife / husband and parents in the house. While the background of children chooses to take care of their own parents at home, facilitate communication with parents, control physical health, guarantee the needs and needs of parents daily to apply forms of love and affection to parents.
The Urgency Of Legal Protection Of Personal Data Samin, Herol Hansen; Ismail, Dian Ekawaty; Rahim, Erman I
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.19768

Abstract

In a highly dynamic digital era, legal protection of personal data has become very important to ensure individual privacy and avoid security risks associated with the use of technology. In this context, legal protection of personal data on digital platforms becomes very urgent because personal data collected and processed by these digital platforms can be very sensitive and has the potential to invade individual privacy. In relation to telematics law, the legal protection of personal data on digital platforms must be reviewed from the perspective of telematics law which regulates the use of information and communication technology. Telematics laws place clear limits on the use of personal data and require digital platforms to adhere to high security and privacy standards. However, in practice, there are still many digital platforms that do not comply with telematics legal regulations related to personal data protection. They often collect and process personal data without explicit permission and do not provide users with clear information about how the data is used and stored. In this research, we will review the urgency of legal protection of personal data in digital platforms from the perspective of telematics law to analyze how telematics law regulates personal data protection and digital platforms must comply with these rules to ensure individual privacy. As well as the government's role in supervising and supervising digital platforms that do not comply with these regulations. Thus, this research is expected to contribute to a better understanding of the urgency of legal protection of personal data on digital platforms and how telematics law can be used to protect individual privacy in a very dynamic digital era
Hambatan Pelaksanaan Restorative Justice Pada Tindak Pidana Narkotika Di Kepolisian Resort Gorontalo Kota Mohammad Hakim Pratama Rahim; Dian Ekawaty Ismail; Apripari Apripari
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 2 (2024): April: Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i2.1691

Abstract

This research aims to determine the implementation of restorative justice in narcotics crimes at the Gorontalo City Resort Police, based on the title raised in this research. This research uses empirical legal research, because this research is based on the reciprocal relationship between law and other institutions. It is said to be empirical because it is based on real data or facts. This research aims to look for primary data or what can also be called field data on the implementation of restorative justice in drug crimes. The results of this research show that the implementation of restorative justice in drug crimes is not solely for all drug users, but there are several provisions in accordance with Perpol number 8 of 2001. The provisions so that restorative justice can be carried out include: the person is not involved in a drug network, drugs that are there is only personal use, not resale, not a resinipis, namely a second arrest, and the evidence does not exceed the amount and so on. So apart from these provisions, RJ cannot be carried out. In accordance with prosecutor's guidelines number 18 of 2021 concerning the resolution of handling criminal cases for victims of narcotics abuse, it is carried out through rehabilitation with a restorative justice approach. Apart from that, the obstacles in implementing restorative justice, according to information, are several factors, namely internally, namely obstacles in the BNN reporting or assessment process due to inappropriate time, namely exceeding the 3x24 hour time frame, and external factors, namely the lack of cooperation with the community, which causes delays in reporting. and when the arrest was made, the perpetrators did not admit that the items belonged to them, so 2 witnesses were needed in the form of the local RT head so that the process could continue.
Peningkatan Kesadaran Hukum Mengenai Perlindungan Anak Bagi Siswa dan Guru di SMP Negeri 2 Luwuk Dian Ekawaty Ismail; Avelia Rahmah Y. Mantali; Mohamad Rivaldi Moha; Dolot Alhasni Bakung; Usman Rasyid
Pandawa : Pusat Publikasi Hasil Pengabdian Masyarakat Vol. 1 No. 3 (2023): Juli : Pandawa : Pusat Publikasi Hasil Pengabdian Masyarakat
Publisher : Asosiasi Riset Ilmu Pendidikan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/pandawa.v1i3.72

Abstract

Children as the next generation of the nation, must be protected from childhood to adulthood. If a child has been in an environment of crime since childhood, that child can become a criminal in the future, and will disturb people's lives. It is wise for child protection to start in junior high school. Junior high school (SMP) as a place for children to gain knowledge, begins to learn to get along with peers, smaller friends or teachers and begins to understand ways to commit violence against others. Therefore, the protection of children and teachers is currently an important matter and must be a common concern. Lack of understanding and knowledge of legal protection for children in the school environment has resulted in many violations and even criminal acts of violence against children in the school environment. As a result, children do not feel comfortable at school, skip school, or even drop out. Taking into account the legal issues above, the law faculty community service team carried out this service activity as an effort to increase public awareness and teachers that the importance of child protection starts from a child-friendly school environment and teachers. Regarding these problems, we all must pay attention to the protection of children and teachers, including at SMP Negeri 2 Luwuk. In this community service, we provide counseling and outreach to the concept of child protection, namely the urgency of legal protection for children and teachers in schools. The outputs that will be produced through this service are legal counseling activities for the community, scientific articles in the Community Service Journal, Publication in the Media Period (Print/Online), then Mandatory Reports in the form of Service Implementation Results Reports, Activity Diary Books and Financial Record Books.
Implementasi Pasal 31 Ayat 2 Huruf C Peraturan Kapolri No. 12 Tahun 2009 Terhadap Penyidikan Penganiayaan Akibat Minuman Keras Di Kepolisian Resor Gorontalo Swita Grenia Marsyanda; Dian Ekawaty Ismail; Vifi Swarianata
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 2 (2024): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i2.180

Abstract

Implementation of article 31 paragraph 2 letter C of National Police Chief Regulation no. 12 of 2009 regarding the investigation of abuse due to alcohol at the Gorontalo Resort Police. The research used is Empirical Research, which is legal research that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. The research results obtained by the author in conducting this research include the application of Article 31 paragraph 2 letter C of the National Police Chief Regulation no. 12 of 2009 at the Gorontalo Resort Police, it has been implemented but is still not able to be implemented optimally because it is seen from the immediate situation and conditions in the field which are not expected. This article has also been effectively implemented in investigations but will be implemented within existing provisions. In investigations, the process is not always handled based on the provisions in these regulations, because investigators carry out the investigation process based on the level of vulnerability and the potential to threaten public safety.
Perlindungan Hukum Terhadap Perempuan Sebagai Korban Penganiayaan Dalam Hubungan Pacaran Di Polres Gorontalo Kota Nur Fajri Fauziah Pantu; Dr. Dian Ekawaty Ismail, S.H.,M.H; Jufryanto Puluhulawa, S.H., M.H
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 2 (2024): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i2.257

Abstract

This research aims to find out what factors cause women to become victims of abuse in dating relationships in Gorontalo City and how legal protection is for women as victims of abuse in dating relationships at the Gorontalo City Police Department. This research uses empirical legal research methods which are carried out by collecting data through observation and interviews. The results of this research show that abuse in dating relationships in Gorontalo City is a very worrying phenomenon and can have a negative impact on victims and society as a whole. Abuse in dating relationships in Gorontalo City involves various factors, both internal factors such as a high level of emotional dependence, low levels of victim self-confidence, and the victim's tendency to justify aggressive behavior from their partners, while external factors occur due to the influence of the social environment. , norms and culture, the influence of the environment where violence occurs, and position and power. The suggestion in this research is that the Government, especially the Regional Office of the National Land Agency in Gorontalo Regency, continues to strive to carry out more outreach to the people of Hutuo Subdistrict to carry out land registration so that they can have a certificate to obtain legal certainty. The legal protection provided by the Gorontalo City Police for victims of abuse in dating relationships is carried out by providing priority and quick responses to reports of abuse, collecting supporting evidence by conducting investigations into cases of abuse in dating relationships, such as witness statements, and physical evidence. The Gorontalo City Police also provides physical protection such as giving a detention order against the perpetrator and providing a safe space for the victim and maintaining the confidentiality of the victim's personal information to prevent further threats from the perpetrator.
Measuring the Role of the Police in Preventing Criminal Acts of Obscenity Ambarani Shelia, Putri; Ekawaty Ismail, Dian; Yutye Imran, Suwitno
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.18351

Abstract

This study aims to determine the police's efforts in tackling the crime of child abuse, and to find out the factors that hinder the police in handling cases of child abuse in the jurisdiction of the Bone Bolango Police. The type of research used is empirical research with a case approach. The results of the study show that the police's efforts to deal with criminal acts of child molestation are carried out through preventive and repressive efforts. Preventive efforts are anticipating sexual immorality by providing legal counseling, the negative effects of promiscuity among students, and carrying out raids or patrols to ensure a sense of security in society. Repressive efforts, namely by disclosing the occurrence of criminal acts of obscenity by conducting investigations,
The Challenges of Diversion at LKS Ummu Syahidah Gorontalo For Juvenile Offenders Maku, Dwi Citra Maharani; Ekawaty Ismail, Dian; Apripari, Apripari
Estudiante Law Journal VOL. 6 NO. 2 JUNI 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i2.26899

Abstract

The purpose of this research is to determine the implementation of diversion efforts against children who commit crimes at LKS Ummu Syahidah Gorontalo. The research method used in this research is an empirical research method using a qualitative approach. The results of this research are that the application of diversion in resolving criminal acts of abuse committed by children at LKS Ummu Syahidah Gorontalo is not yet optimal because from 2021 to 2023 there are only nine criminal acts that meet the requirements for diversion. One of these criminal acts was abuse committed by L who was under 17 (seventeen) years of age. However, in terms of compliance with procedures and regulations, all stages of diversion at LKS Umm Syahidah Gorontalo are in accordance with applicable laws and regulations by the child perpetrator or family, such as asking for compensation that is too large which the child perpetrator or party cannot afford. family so that the implementation of diversion does not reach a successful agreement.
Co-Authors Abdjul, Mohammad Fajar Abdul Hamid Tome Abdul Wahab Harun Abubakar Sidik Mohamad Abuthalib, Cut Nangrie Sari Ade Rizkia Arumdani Rusdi Agus Susanto Ahmad Ahmad Ahmad Ahmad, Nadzriah Ahmadi, Cecep Ibnu Akbar, Gitacitra Purnama Akuna, Sandrawati Ambarani Shelia, Putri Ananda Rayhan Dumako Andi Mirzan Doda Apripari, Apripari Arsyad, Yusna Asrina Nggai Athiyyah Durotul Hikmah La Anihu Avelia Rahma Y. Mantali Avelia Rahmah Y Mantali Avelia Rahmah Y Mantali Diani, Silvana Diaz Riady Bukoting Dolot Alhasni Bakung Dungga, Weny A Dunggio, Syafrudin A. Elpin Sulingo Eris Novianto Erman I. Rahim Evi Noviawati Faizal Nurkholis Fence M Wantu Fenty U. puluhulawa FIkri Ferdiansyah A. Pakaya Gitacitra Purnama Akbar Handayani, Distya Putri Hasan, Marvelina Helmi Kaani Ibrahim, Erni R. Idham Mantali Ilham Saputra Machmud Imran, Suitno Yutye Irlan Puluhulawa Ismail Yusuf, Ismail Jhon Paris Pasaribu Jufriyanto Puluhulawa Jufryanto Puluhulawa Julius T Mandjo Julius T. Mandjo Karim, Abdul Rahman Khuzul Fiqri Taniyo Luftia Gunawan Lusiana M. Tijow Machmud, Andika W. Machmud, Andika Wardhana Maku, Dwi Citra Maharani Mamu, Karlin Z Mandjo, Julius T. Mantali, Avelia Rahmah Y Mantali, Avelia Rahmah Y. Maudi A. Djibu Mellisa Towadi Moh Ikbal Mohamad Adam Mohamad Danial Puluhulawa Mohamad Hidayat Muhtar Mohamad Qosim Thalib Mohamad Rivaldi Moha Mohamad Taufiq Zulfikar Sarson Mohammad Hakim Pratama Rahim Mohammad Rifky Yunus Molou, Syafril Moh Nur S. Muh. Iksan Putra Kai Muhamad Rusdiyanto Puluhuluwa Muin, Juliansyah Nirwan Junus Noerhadi Priyatna Noholo, Rahmat Novendri M Nggilu Novita Daud Nur Amalia Katili Nur Fajri Fauziah Pantu Nur Mohamad Kasim Nuvazria Achir Potabuga, Alvareza Rahmat Noholo Rauf A. Hatu Reza Reyzaldy Rian Tuta Rusdiyanto U. Puluhulawa, Mohamad Samin, Herol Hansen Sarlin Hiola Siti Rahmawati Djula Sulingo, Elpin Supriyadi Supriyadi Supriyadi Supriyadi Suwitno Yutye Imran Swita Grenia Marsyanda Taufik Zulfikar Sarson Tegar Mawang Ditha Teli Lestari Gonibala Thalib, Arlin Artika K. Tista Nabila Ahmad Umar Alamri Usman Rasyid Vifi Swarianata Wahidullah Wahidullah, Wahidullah Waode Mustika Wardhana Machmud, Andika Weny A Dungga Widhia Astuti Manoppo Y., Avelia Rahmah Yahya Boudelo Yanti Aneta Yassine Chami Yayuk Rizki Hulukati Yowan Tamu Zamroni Abdusamad Zamroni Abdussamad