Article Per Year (5 Year)
p-Index From 2021 - 2026
1.066
P-Index
This Author published in this journals
All Journal JURNAL LITIGASI (e-Journal) Jurnal Perempuan Jurnal Perempuan INFOKUM Indonesia Law Review (ILREV) The Indonesian Journal of Socio-Legal Studies Jurnal Hukum dan Pembangunan
Lidwina Inge Nurtjahyo
Universitas Indonesia
Arts Humanities Computer Science & IT Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 10 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 10 Documents
Search

 1 
Formulation of Article 488 of the Indonesian Criminal Code Draft: A Portrait of Failure in Construing the Problem of Women's Access to Legal Identity Nurtjahyo, Lidwina Inge
Jurnal Perempuan Vol 23, No 2 (2018): Criminal Law and Gender Inequality
Publisher : Yayasan Jurnal Perempuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (18.573 KB) | DOI: 10.34309/jp.v23i2.230

Abstract

The Draft of the Indonesian Criminal Code has provoked a debate, especially with regard to the articles under the scope of decency. The formulation of Article 488 has the potential to create new problems for women. Especially women who have obstacles in accessing legal identity. This Article 488 is a reflection of the failure of jurists to formulate laws, in understanding women's experience in relation to their access to the right to obtain legal identity, especially in the context of relationship. The criminal law is not the answer to all problems. This paper is compiled using data obtained from field study related to the handling of cases of violence against women under customary law, carried out by the authors and the team from Legal and Community Studies Fields in 2015, 2016 and 2017 in Eastern Indonesia; as well as data on legal and non-legal text analysis. The overall method and analysis of research findings using feminist legal studies and feminist legal theories.
Formulation of Article 488 of the Indonesian Criminal Code Draft: A Portrait of Failure in Construing the Problem of Women's Access to Legal Identity Nurtjahyo, Lidwina Inge
Jurnal Perempuan Vol 23, No 2 (2018): Criminal Law and Gender Inequality
Publisher : Yayasan Jurnal Perempuan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Draft of the Indonesian Criminal Code has provoked a debate, especially with regard to the articles under the scope of decency. The formulation of Article 488 has the potential to create new problems for women. Especially women who have obstacles in accessing legal identity. This Article 488 is a reflection of the failure of jurists to formulate laws, in understanding women's experience in relation to their access to the right to obtain legal identity, especially in the context of relationship. The criminal law is not the answer to all problems. This paper is compiled using data obtained from field study related to the handling of cases of violence against women under customary law, carried out by the authors and the team from Legal and Community Studies Fields in 2015, 2016 and 2017 in Eastern Indonesia; as well as data on legal and non-legal text analysis. The overall method and analysis of research findings using feminist legal studies and feminist legal theories.
THE ISSUES OF ACCESS TO JUSTICE IN THE CASE OF DISPUTE RESOLUTION WITHIN THE INDIGENOUS COMMUNITY OF TULEHU, CENTRAL MALUKU Nurtjahyo, Lidwina Inge
Indonesia Law Review Vol. 1, No. 3
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study is aimed to analyze how customary law is practiced in strategizing dispute settlement among the villagers. In some cases, the parties who had the disputes brought their cases to the non states intermediaries to give the best remedies that fulfill their own senses of justice. As we know in the Access to Justice approaches, the disputes could be solved not only using both with state law and non-state law. These facts showed how people doing law community members in relation to dispute resolution mechanism based on customary law from the perspective of access to justice. By applying customary law, the indigenous communities could settle their disputes and reach a solution that satisfies their sense of justice. This paper attempts to describe and analyze the mechanisms of dispute settlement within the indigenous peoples of Tulehu, Central Maluku based on their customary law. This paper is based on a research paper titled 'Customary Criminal Dispute Resolution of Indigenous Peoples in Central Maluku.' The focus of this paper is the analysis of the strategies implemented by the community members in Tulehu, Central Maluku in relation to dispute settlement mechanism based on their customary law from the perspective of access to justice.
A Sociolegal Perspective to Legal Research in the Digital Field: A Methodological Proposition (Penelitian Hukum Berperspektif Sosiolegal Pada Ranah Digital: Satu Tawaran Metodologis) Nurtjahyo, Lidwina Inge
The Indonesian Journal of Socio-Legal Studies Vol. 1, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Technological developments have brought people, capital, goods, ideas, and even laws into mobility. During the Covid-19 pandemic, technology made mobility possible. Adaptation to pandemic situations occurs by changing physical interactions into interactions in the digital space with the help of technology. These changes also bring consequences to changes in the way of society's law. For example, digital transactions no longer require the presence of a customer or online trials. The challenge that arises then is how to find the method to conduct legal research during the pandemic situation. One of the options presents is socio-legal research conducted digitally. The focal point of this paper as a conceptual article is on methodological issues in studying changes in people's legal ways during a pandemic. This paper aims to offer method options and various legal research topics from a socio-legal perspective in the digital realm.
PARTISIPASI PEREMPUAN DALAM PROSES PENGAMBILAN KEPUTUSAN DI DEWAN ADAT TERKAIT DENGAN PENYELESAIAN KASUS-KASUS KEKERASAN TERHADAP PEREMPUAN: KISAH DARI ATAMBUA, SUMBA TIMUR, ROTE DAN LABUAN BAJO Nurtjahyo, Lidwina Inge
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Based on Convention on Elimination of Discrimination Against Women, especially in Articles 2c, 5a, 7b and c, 15 (1) and (2) women and men are equal. If there are any discriminations, the states which have ratified the Convention shall eliminate the discriminations from rules or tradition or practices. Women in some indigenous communities have some limitation in decision making process, even in the process to get solution in violence aghaainst women cases. For examples in Rote, Labuan Bajo, East Sumba and Atambua (East Nusa Tenggara) women have limited access to the decision-making process in indigenous forums even in cases of violence against women. This paper will focus on some issues: the limitation itself and the strategies of the women in confronting those restrictions. Data in this paper are collected from literature research, participatory observation, interview with customary councils, interview with some women survivors, interview with government officers and police, from 2015-2018.
Right to be Forgotten as a Legal Protection for The Victims of Electronic Sexual Violence Cases Zaltina, Putri; Nurtjahyo, Lidwina Inge
The Indonesian Journal of Socio-Legal Studies Vol. 3, No. 2
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The 2020 National Commission on Violence Against Women's Annual Records identified the rise of a new type of violence against gender in Indonesia, specifically electronic-based sexual violence (Kekerasan Seksual Berbasis Elektronik/KSBE) which is part of gender-based violence in the digital spaces or Online Gender-Based Violence (OGBV). In 2020, KSBE cases increased 300% compared to the previous year. So far, the arrangements for tackling KSBE perpetrators in Indonesia have been inadequate. Existing laws do not contain procedures that are sensitive to victims and lack a human rights and gender perspective. Currently, Indonesia has adopted a new regulation related to handling sexual violence, namely Law No. 12 of 2022 on Sexual Violence Crimes. The authors analyse laws and regulations relevant to online sexual violence and its extension (involving physical action), from the perspective of human rights and women's rights. Thus, several significant regulations apart from the Sexual Violence Crimes Law are discussed, namely the Criminal Code, the Information and Transaction Law, the Anti-Pornography Law, and the Child Protection Law. We argue that protection of KSBE victims must be made the main goal of law enforcement. The loss of the victim's privacy and the dissemination of personal data violate victims’ human rights guaranteed by the state, and therefore derivative regulations regarding the UU TPKS (Sexual Violence Law) need to be issued and existing laws harmonized with it. Moreover, additional special victim rights regulations regarding electronic-based sexual violence are necessary, especially for KSBE acts that require a quick response, such as removing sexually explicit content.
Dinding Rapuh Pelindungan Korban Kekerasan Seksual Berbasis Digital Nurtjahyo, Lidwina Inge
Jurnal Perempuan Vol. 29 No. 1 (2024): Penghapusan Kekerasan Seksual dan Keadilan Gender
Publisher : Yayasan Jurnal Perempuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34309/jp.v29i1.983

Abstract

Despite Indonesia has enacted the Anti-Sexual Violence Law, cases of sexual violence on social media platforms continue to occur and are not easy to resolve. There are problems in implementing regulations in the digital space: criminalization of the victim, regulations that do not accommodate women’s experiences, and the issue of evidence. This article discusses digital sexual violence cases, focus on the non-consensual sharing of intimate content and trespassing of private spaces. How regulations are still unable to provide a safe space in the digital sphere. This article is based on literature research including analysis of regulations, court verdict, and some news about sexual violence in digital sphere. The author uses a feminist legal studies perspective in the analysis
LEGAL PROTECTION FOR INDONESIAN MIGRANT WORKERS FOR SEXUAL CRIMES EXPERIENCED AT WORK (CASE STUDY OF SEXUAL CRIMES EXPERIENCED BY ERY IN TAIWAN) Puspita, Enny Ika; Nurtjahyo, Lidwina Inge
INFOKUM Vol. 10 No. 5 (2022): December, Computer and Communication
Publisher : Sean Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58471/infokum.v10i5.1266

Abstract

This study aims to determine the form of legal protection for, Indonesian Migrant Workers for sexual crimes experienced at work, Knowing the factors that cause people to be interested in becoming Indonesian Migrant Workers and the obstacles of the Indonesian government through Indonesian representatives in handling cases experienced by Ery as an Indonesian Migrant Worker in Taiwan, This research includes the type of empirical juridical research, data collection with literature studies, The results show that law enforcement and human rights protection in each country are still not running well but Indonesia has provided assistance in the form of providing legal assistance, such as the case experienced by Ery as an Indonesian Migrant Worker in Taiwan who received sexual crimes from the employer, Although Ery is reluctant to tell this because she has a lot of debt so she is afraid that if she is returned to Indonesia, Ery is also embarrassed considering the culture in her hometown, people think women who have been fenced are dirty.
Dinding Rapuh Pelindungan Korban Kekerasan Seksual Berbasis Digital Nurtjahyo, Lidwina Inge
Jurnal Perempuan Vol. 29 No. 1 (2024): Penghapusan Kekerasan Seksual dan Keadilan Gender
Publisher : Yayasan Jurnal Perempuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34309/jp.v29i1.983

Abstract

Despite Indonesia has enacted the Anti-Sexual Violence Law, cases of sexual violence on social media platforms continue to occur and are not easy to resolve. There are problems in implementing regulations in the digital space: criminalization of the victim, regulations that do not accommodate women’s experiences, and the issue of evidence. This article discusses digital sexual violence cases, focus on the non-consensual sharing of intimate content and trespassing of private spaces. How regulations are still unable to provide a safe space in the digital sphere. This article is based on literature research including analysis of regulations, court verdict, and some news about sexual violence in digital sphere. The author uses a feminist legal studies perspective in the analysis
PERBANDINGAN TINDAK PIDANA PERKOSAAN ANTARA KUHP BARU INDONESIA DENGAN SEXUAL OFFENCES ACT 2003 INGGRIS Tsuroyya, Chusnus; Nurtjahyo, Lidwina Inge
LITIGASI Vol. 25 No. 1 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i1.12758

Abstract

Indonesian criminal law has undergone reforms since the promulgation of the Indonesia’s New Penal Code in 2023. This legal reform also refers to the provisions for the crime of rape which are regulated in Article 473 paragraph (1) of the Indonesia’s New Penal Code. This reform indicates that the paradigm regarding the rape crime in Indonesia has changed. With those changes, this research attempts to make a legal comparison between the New Penal Code and the England Sexual Offences Act 2003 – which is also a form of the legal reform. The research method used is normative juridical using analysis on legislation and comparative analysis. Based on a comparison on the regulation of the rape crime between the Indonesia’s New Penal Code and the England Sexual Offences Act 2003, there are several similarities and differences. Therefore, it could be seen the advantages and disadvantages of each regulation, both from the Indonesia’s New Criminal Code and the England’s Sexual Offences Act 2003. From this comparison, several advantages could be found in the Sexual Offences Act 2003 regarding the rape crime in England which could be an input on the regulation of the rape crime in the Indonesia’s New Criminal Code, so that better law would be created. Keywords: Rape, The New Indonesian Criminal Code, Sexual Offences Act 2003.
Co-Authors Puspita, Enny Ika Tsuroyya, Chusnus Zaltina, Putri