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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

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

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 Lidwina Inge Nurtjahyo
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 | DOI: 10.34309/jp.v23i2.230

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.

ANALISIS YURIDIS TERHADAP PERKEMBANGAN PENGATURAN AKSES DAN PEMBAGIAN KEUNTUNGAN YANG ADIL DAN SEIMBANG ATAS PEMANFAATAN SUMBER DAYA GENETIK Dian Endah Puspitasari; Lidwina Inge Nurtjahyo
Literasi Hukum Vol 6, No 1 (2022): Literasi Hukum
Publisher : Universitas Tidar

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Optimalisasi pemanfaatan Sumber Daya Genetik (SDG) dan Pengetahuan Tradisional (PT-SDG) di Indonesia sampai saat ini masih memiliki tantangan berupa penguasaan teknologi untuk mengungkap pontensi SDG dan PT-SDG baik yang berada di darat maupun di laut. Kerja sama di tingkat nasional maupun internasional disinyalir menjadi salah satu solusi untuk mengatasi tantangan tersebut. Penerbitan regulasi melalui Peraturan Menteri Lingkungan Hidup dan Kehutanan Nomor P.2/MENLHK/SETJEN/KUM.1/1/2018 (Permen LHK), menjadi payung hukum dalam prosedur pemberian akses dan pembagian keuntungan bagi pihak lain yang akan memanfaatkan SDG dan PT-SDG melalui kerja sama. Penelitian ini menjawab permasalahan mengenai bagaimana perkembangan pengaturan mengenai akses dan pembagian keuntungan atas pemanfaatan SDG dan PT-SDG dan bagaimana tantangan dan alternatif solusi sebagai konsekuensi dari perkembangan pengaturan tersebut. Penelitian ini menggunakan metode yuridis normatif. Hasil analisis menunjukkan: 1) Permen LHK hanya mengatur prosedur akses dan pembagian keuntungan atas pemanfaatan SDG dan PT-SDG yang ada di darat; 2) Terdapat kekosongan hukum untuk pengaturan prosedur akses dan pembagian keuntungan atas pemanfaatan SDG dan PT-SDG yang ada di laut sehingga alternatif solusinya yaitu Kementerian Kelautan dan Perikanan sebagai lembaga yang memiliki kewenangan dalam pengelolaan konservasi dan keanekaragaman hayati laut menerbitkan regulasi mengenai prosedur akses dan pembagian keuntungan untuk SDG dan PT-SDG yang ada di laut

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 Lidwina Inge Nurtjahyo
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 | DOI: 10.34309/jp.v23i2.230

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

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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

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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

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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

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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

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

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