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All Journal Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Melayunesia Law JURNAL PENDIDIKAN TAMBUSAI Jurnal Review Pendidikan dan Pengajaran (JRPP) Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Pendidikan dan Konseling Community Development Journal: Jurnal Pengabdian Masyarakat BERNAS: Jurnal Pengabdian Kepada Masyarakat Jurnal Pahlawan Innovative: Journal Of Social Science Research Jurnal Pengabdian Masyarakat dan Riset Pendidikan Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Rian Prayudi Saputra
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Dentistry Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Neuroscience Nursing Public Health Social Sciences Veterinary Other

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Legal Protection Mechanisms for Child Sexual Abuse Victims: Comparative Analysis of Indonesian and United States Criminal Procedures Rian Prayudi Saputra; Hafiz Sutrisno
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6677

Abstract

Sexual abuse against minors needs robust legislative safeguards within the criminal justice framework. The essential distinctions between civil law and common law systems result in divergent normative approaches that need comparative analysis to ascertain optimal procedures for safeguarding child victims. The objective of this study is to evaluate the efficacy of legal protections for child victims of rape by using a comparative normative analysis between the Indonesian civil law system and the American common law system, specifically within the framework of the criminal justice system. This study employs normative legal research techniques within a comparative legal analysis framework. Primary legal documents include legislation, federal and state laws, and 359 judicial rulings from the period 2019-2024. The analysis involved comparing laws at the same time using different methods, including looking at the law in context and interpreting it systematically and comparatively. Indonesia has a thorough legislative framework prioritizing restorative justice; yet, judicial execution reveals that just 34% of judgments adhere to the notion of the child's best interest. The United States exhibits more consistency (78%) in procedural protections via constitutional interpretation, notwithstanding the challenges of federal-state fragmentation. Both systems exhibit deficiencies in addressing cyber-facilitated abuse and developing technology. The efficacy of protection is contingent upon the uniformity of normative execution and the alignment of legislative and judicial practices. The convergence of legal systems is essential, with civil law embracing judicial flexibility and common law including systematic legislative methods to provide uniform child protection standards.
Constructing Justice-Based Political Party Regulation in Indonesia's Presidential System: A Framework for Democratic Consolidation Hafiz Sutrisno; Rian Prayudi Saputra
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.6727

Abstract

This study looks at how Indonesia's presidential system regulates political parties from a justice-based point of view, using qualitative methods like document analysis, content analysis, and comparative studies. The results show that Indonesia's political party rules, which are based on Laws No. 2 of 2008 and No. 2 of 2011, have a lot of problems that make the presidential system less effective. The current rules are not fair because they favor procedural over substantive aspects. This is because the major parties control access to political resources. There are three main types of justice: distributive justice, which is about making sure political resources are fairly shared; procedural justice, which is about making sure political processes are fair; and substantive justice, which is about making sure that society's needs are met. A perfect model for building rules needs a full and integrated framework, easy ways for people to raise money, organized coalition systems, and stronger roles for political parties as representatives. Oligarchic elites don't want rules that are fair, and Indonesia's many cultures make it harder to make them happen. But there is still hope for change if people work together and share power. This study helps us figure out how to make Indonesia's democratic presidential system stronger by making sure that the rules we set for political parties fit the country's needs.
Co-Authors Abdurahman Abdurrahman Affan, Kharul Afrinaldi, Delfi Ahmad Khuzri Ahmad Pardi Ahmad Riandi Alfia Roza Bella Citra Dewi Dede Sati Kurniawan Fabrizio Fakhry Firmanto Firmanto, Fakhry Hafiz Sutrisno Heriyanti, Yuli Husnaldi, Husnaldi Khairul Hidayatullah Lubis, Karlina M. Rizki MAYA INTAN PRATIWI Mexsasai Indra MISWAR MISWAR Muhammad Fajri Niken Ayu Pardi, Ahmad Ratna Riyanti Ratna Riyanti Ratna Riyanti Resky Salam, Alfitra Shindi Zahra Silfina Agustin Silfina Agustin Syahrial Syahrial Syahrial SYAHRIAL SYAHRIAL Tasya Ulfa Yahya Tati Herlina Widia Edorita Yulanda, Resti Yuli Heriyanti