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All Journal JURNAL LITIGASI (e-Journal) Jurnal Perempuan Literasi Hukum Jurnal Perempuan INFOKUM Indonesia Law Review (ILREV) The Indonesian Journal of Socio-Legal Studies Jurnal Hukum & Pembangunan Jurnal Perempuan
Lidwina Inge Nurtjahyo
Fakultas Hukum Universitas Indonesia
Arts Humanities Computer Science & IT Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
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

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.
Dinding Rapuh Pelindungan Korban Kekerasan Seksual Berbasis Digital Lidwina Inge Nurtjahyo
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
Membaca Ulang Aturan, Peran, dan Kekuasaan dalam Masyarakat Adat dari Perspektif Kajian Hukum Feminis Lidwina Inge Nurtjahyo
Jurnal Perempuan Vol. 31 No. 1 (2026): Merebut Otoritas: Keadilan Epistemik, Keberlanjutan Hidup, dan Politik Perempu
Publisher : Yayasan Jurnal Perempuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34309/jp.v31i1.1333

Abstract

In the discussions of indigenous or customary communities, indigenous women are rarely mentioned. Research on indigenous communities using a feminist perspective is rare. Some advocacy products also fail to mention indigenous women. Scholarly works on indigenous women often portray them as a single entity. This article is not the result of field research on a group of indigenous communities nor does it specifically involve indigenous women. Instead, this article is based on literature research of research articles, advocacy documents, court decisions, and regulations related to indigenous communities. The focus of this article is on how indigenous women are recognized by the state, specifically in the legal realm. This article is intended as a conceptual piece that narrates the impact of women’s exclusion from decision-making processes in the context of indigenous communities and strategies for changing these practices.
Co-Authors Dian Endah Puspitasari Puspita, Enny Ika Tsuroyya, Chusnus Zaltina, Putri