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All Journal LAW REFORM Diponegoro Law Review Indonesian Journal of Criminal Law Studies
Irma Cahyaningtyas
Faculty of Law, Universitas Diponegoro
Law, Crime, Criminology & Criminal Justice

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THE LEGAL POLICY OF CITIZENSHIP IN FULFILLING THE RIGHTS OF STATELESS PERSONS AS AN EFFORT TO FULFILL HUMAN RIGHTS IN INDONESIA Sekar Anggun Gading Pinilih; Aditya Yuli Sulistyawan; Irma Cahyaningtyas; Adya Paramita Prabandari
Diponegoro Law Review Vol 7, No 1 (2022): Diponegoro Law Review April 2022
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (608.717 KB) | DOI: 10.14710/dilrev.7.1.2022.17-33

Abstract

The issue of citizenship is one of the basic human needs, therefore citizenship status is a right for every citizen that is protected by law. The purpose of this study is to find out how the legal politics of Indonesia in the context of stateless person citizenship rights. This research is normative juridical research that uses a statute approach and a conceptual approach. Based on the results of the study, it was found that legal politics in the form of regulations regarding citizenship in Indonesia from time to time was sufficient to guarantee the rights of Indonesian citizens. However, the Indonesian Citizenship Law does not specifically regulate the stateless person. In addition, there is no policy regarding the granting of citizenship status to stateless persons, so many cases of stateless persons in Indonesia are detained by immigration authorities. Thus, the Indonesian government should emphasize its legal policy in order to optimize legal protection for stateless persons in Indonesia.
Legal Protection for Children Victims of Postpartum Depression Diyan Shofie Harisnaeni; Irma Cahyaningtyas
LAW REFORM Vol 17, No 2 (2021)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (101.256 KB) | DOI: 10.14710/lr.v17i2.41740

Abstract

Children are a gift given by God through a woman. The presence of a child certainly raises many new adaptations in family life. The transition period to face a new life turns out to be more or less a problem that results in children; one of which is postpartum depression in a mother. This article aims to examine the forms of legal protection for a child who is a victim of postpartum depression. This article uses a normative juridical approach and secondary data with descriptive analytical research specifications and qualitative analysis. Based on the results of the study, postpartum depression is included in the category of mental illness model caused by the mental illness with clinical depression symptoms that affect psychological conditions ranging from excessive anxiety, neglecting children, to physically injuring children. This form of legal protection for children is stated in Law Number 23 of 2002 in conjunction with Law Number 35 of 2014 concerning Child Protection. Regarding the accountability of perpetrators, for the postpartum depression which reflects on Article 44 of the Criminal Code, it is necessary to have an examination first before determining the responsibility to be imposed to overcome and prevent postpartum depression.
Reconstructing the Legal Understanding of the Presumption of Innocence in Criminal Justice to Achieve Justice Heri Purwanto; Pujiyono; Irma Cahyaningtyas; Ridwan Arifin; Muhammad Azil Maskur
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.32033

Abstract

The presumption of innocence (APTB) is a well-known principle that guarantees human rights. This principle is also used in criminal law to protect suspected criminals. The problem is that law enforcement officials do not fully understand this principle in criminal proceedings, as they tend to believe that the presumption of guilt applies to suspected criminals. Law enforcement officials believe that the judicial process cannot proceed if the presumption of guilt principle is not applied. However, the APTB is not the opposite of the presumption of guilt principle; rather, it is a principle that can bring balance to the criminal justice process by prioritizing legal protection for those seeking justice to prevent them from facing arbitrary actions by law enforcement officials. This method employs normative research, prioritising the analysis of secondary data/literature supported by other literature and cases drawn from internet sources. The findings of this study explain that law enforcement officials' understanding of APTB is crucial in the criminal justice process as a form of legal protection for those seeking justice. Applying the principle must be supported by clearly incorporating APTB into the provisions of the Criminal Procedure Code (KUHAP) for the future. Currently, APTB is not regulated in the provisions of the KUHAP, so in the future, when the principle is regulated, law enforcement officials in the criminal justice process will have a strong basis for not disregarding the presumption of innocence principle.
Co-Authors Aditya Yuli Sulistyawan Adya Paramita Prabandari Diyan Shofie Harisnaeni Heri Purwanto Muhammad Azil Maskur Pujiyono Ridwan Arifin Sekar Anggun Gading Pinilih