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Advocacy and Protection for Victims of Sexual Violence against Children: Insight from Indonesia's Experience Krismawati, Selviana; Pratiwi, Salsabila Yumna; Smith, Nucharee Nuchkoom; Smith, Robert Brian
Indonesian Journal of Advocacy and Legal Services Vol 5 No 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margina
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.65820

This research conducts a comprehensive exploration of the nuanced dimensions surrounding the role and protection of victims of sexual violence against children in Indonesia, with a specific focus on Decision Number 28/Pid.Sus/2021/PN Bbs, employing a normative juridical methodology. The study aims to reveal legal intricacies in victim form and protection throughout the judicial proceedings outlined in Decision Number 28/Pid.Sus/2021/PN Bbs, utilizing secondary sources such as laws, regulations, books, legal journal articles, and media coverage. Employing a descriptive analytical approach, the research identifies two pivotal dimensions. Firstly, victims of sexual violence against children in Decision Number 28/Pid.Sus/2021/PN Bbs exhibit vulnerability, easily persuadable traits, and compromised mental and physical conditions. External factors, including determinants of life, personality, and education, further contribute to the complexity of their roles. Secondly, an exploration of victim protection within the decision reveals that not all legally stipulated safeguards are embraced, with the Witness and Victim Protection Agency (LPSK) providing no support due to a lack of initiative from the family or law enforcement officials. Despite this, non-juridical protections, particularly in health, were identified, such as post-mortem medical treatment. To enhance comprehensiveness, the study incorporates perspectives of advocacy and victim protection, critically examining the efficacy of advocacy initiatives and evaluating existing frameworks for both juridical and non-juridical protection. This comprehensive approach aims to provide a holistic understanding of challenges and opportunities in safeguarding victims of sexual violence against children within the context of Decision Number 28/Pid.Sus/2021/PN Bbs.

Advocacy and Protection for Victims of Sexual Violence against Children: Insight from Indonesia's Experience Krismawati, Selviana; Pratiwi, Salsabila Yumna; Smith, Nucharee Nuchkoom; Smith, Robert Brian
Indonesian Journal of Advocacy and Legal Services Vol. 5 No. 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margi
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.29925

This research conducts a comprehensive exploration of the nuanced dimensions surrounding the role and protection of victims of sexual violence against children in Indonesia, with a specific focus on Decision Number 28/Pid.Sus/2021/PN Bbs, employing a normative juridical methodology. The study aims to reveal legal intricacies in victim form and protection throughout the judicial proceedings outlined in Decision Number 28/Pid.Sus/2021/PN Bbs, utilizing secondary sources such as laws, regulations, books, legal journal articles, and media coverage. Employing a descriptive analytical approach, the research identifies two pivotal dimensions. Firstly, victims of sexual violence against children in Decision Number 28/Pid.Sus/2021/PN Bbs exhibit vulnerability, easily persuadable traits, and compromised mental and physical conditions. External factors, including determinants of life, personality, and education, further contribute to the complexity of their roles. Secondly, an exploration of victim protection within the decision reveals that not all legally stipulated safeguards are embraced, with the Witness and Victim Protection Agency (LPSK) providing no support due to a lack of initiative from the family or law enforcement officials. Despite this, non-juridical protections, particularly in health, were identified, such as post-mortem medical treatment. To enhance comprehensiveness, the study incorporates perspectives of advocacy and victim protection, critically examining the efficacy of advocacy initiatives and evaluating existing frameworks for both juridical and non-juridical protection. This comprehensive approach aims to provide a holistic understanding of challenges and opportunities in safeguarding victims of sexual violence against children within the context of Decision Number 28/Pid.Sus/2021/PN Bbs.

Right-to-Repair, Product Durability and Obsolescence: A Legal Perspective Smith, Robert Brian; Smith, Nucharee Nuchkoom
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.1895

There is a growing global consensus on the need to enhance product durability as a response to increasing concerns about waste and consumer rights. Modern equipment, including motor vehicles, farm and construction machinery, and consumer goods, has become more sophisticated, making repairs more complex and costly. Manufacturers often restrict access to repair manuals, software updates, and spare parts, or design products in ways that impede easy repair. This article examines the interconnected concepts of the right to repair, product durability, obsolescence, and consumer rights protection. The European Union (EU) has emerged as a leader in consumer protection initiatives, introducing comprehensive measures addressing the right to repair and product durability. These initiatives have been widely adopted, either fully or partially, by nations across the globe. This study analyzes the EU's key legislative and regulatory approaches, concluding that they are highly consumer-centric and provide a valuable framework for other jurisdictions. However, one critical area requiring further attention is product recycling. The article emphasizes that manufacturers, sellers, and recycling companies should be held accountable for managing their waste domestically, adhering to the highest workplace safety and environmental standards. Governments are encouraged to promote the reuse of products and establish systems that facilitate repair and reuse activities. Additionally, the authors advocate for an expanded research program to enable large-scale industrial recycling of consumer waste, ensuring a more sustainable and circular economy. This study highlights the importance of a holistic approach to addressing product durability and repairability, advancing global consumer and environmental interests.

Digital Safety for Women and Children: Legal and Policy Challenges Indonesia, Philippines, and Thailand Ahmad, Dwi Nur Fauziah; Smith, Nucharee Nuchkoom
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.16539

This study explores the legal protections against online sexual exploitation of children and online gender-based violence (OGBV) in Southeast Asia, focusing on Indonesia, the Philippines, and Thailand. Using a systematic literature review (SLR) methodology, this research identifies and evaluates legal frameworks, implementation challenges, and the role of digital platforms in addressing these issues. Key regulations such as the Electronic Information and Transactions (ITE) Law in Indonesia, the Cybercrime Prevention Act in the Philippines, and the Computer Crime Act in Thailand were analyzed alongside institutional reports and academic studies. The results reveal that while these countries have made significant progress through the establishment of legal frameworks, implementation remains hindered by limited technical capacity, a lack of digital forensic expertise, and low public digital literacy. Furthermore, weak enforcement and insufficient oversight of digital platforms exacerbate the problem, as many platforms fail to respond promptly to reports of illegal content. Despite progressive laws such as Indonesia's Sexual Violence Prevention Law and the Philippines' international collaborations, slow law enforcement processes and economic vulnerabilities contribute to the persistence of these issues. The study concludes that Southeast Asian countries need to enhance technical capabilities, expand public education, strengthen international collaboration, and ensure greater accountability from digital platforms. These measures are essential to addressing gaps in enforcement and creating a safer digital environment for women and children in the region.

Indonesia’s New Penal Code: Harmonizing with Global Justice or Defying International Norms? Arifin, Ridwan; Alkadri, Riska; Smith, Robert Brian; Smith, Nucharee Nuchkoom; Wahyudin, Wahyudin
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.14271

This study critically examines Indonesia's new penal code through the lens of international legal norms, exploring whether it genuinely embodies the principles of global justice. Despite the code's ambitious reforms aimed at modernizing Indonesia's legal framework, our analysis reveals significant gaps between its provisions and internationally accepted standards, particularly in areas such as human rights, due process, and equality before the law. The urgency of this research lies in Indonesia's important role in Southeast Asia, where legal frameworks can influence regional governance and human rights practices. Novelty arises from our comparative approach, juxtaposing Indonesia’s penal code against a backdrop of global legal norms while considering local cultural and societal contexts. This study uncovers how the interplay between domestic priorities and international expectations can lead to compromises that undermine the integrity of justice. Our findings contribute to the ongoing discourse on legal reform in emerging democracies, highlighting the challenges of aligning national legislation with international standards. By providing concrete recommendations for policy makers, legal practitioners, and civil society, this research emphasizes the need for a holistic approach to legal reform that respects both local values and global commitments. Ultimately, we argue that Indonesia's new penal code is not just a legal document but a reflection of its aspirations for justice, demanding scrutiny and ongoing dialogue to ensure it meets the standards of global justice in practice.

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