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All Journal Sriwijaya Law Review Varia Justicia
Dewi Bunga
Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar
Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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The State's Responsibility in Protecting Children in Online Schools during the Covid-19 Pandemic Dewi Bunga
Varia Justicia Vol 17 No 3 (2021): Vol 17 No 3 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i3.5923

Abstract

The number of violence against children seen increases during Covid-19 pandemic, which requires the students to carry out learning activities remotely. This condition causes children to feel burdened, often the parents feel the impact, while they have routine tasks and work. This condition causes parents abuse their children, both physically and psychologically. The purpose of this study is to analyze the recent Indonesian Government policy regarding the fulfillment of children's rights especially on the online learning process during the pandemic. This study used normative legal research with statute approach. The results shows that the state has an obligation to protect children from violence which set out through penal and non-penal policies. However, penal policies that imposed to the parents and teachers are inappropriate rather than implementing the preventing action (non-penal policies). Lastly, psychological counselling provided by the government and psychological consultant needs to be given regularly to the teachers and parents as a better solution to tackle the issues.
The Covid 19 Pandemic as a Strain in Increasing Domestic Violence (An Overview of Restorative Justice in Sustainable Crime) Ni Nyoman Juwita Arsawati; I Made Wirya Darma; Ni Gusti Agung Mas Triwulandari; Dewi Bunga
Varia Justicia Vol 18 No 1 (2022): Vol 18 No 1 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i1.6861

Abstract

The COVID-19 pandemic has become a global pandemic that has changed the order of human life in almost all parts of the world. Indonesia is also one of the countries affected by the Covid-19 pandemic. The Indonesian government has established public policies to prevent the spread of the COVID-19 virus, one of which is the policy on limiting community activities by diverting work to be done from home (Work from Home). The pandemic condition has an impact on increasing cases of domestic violence. Various factors can cause domestic violence during the pandemic, the main one is the economic factor. This study aims discusses the Covid-19 pandemic as a "strain" that triggers domestic violence, the state's response to domestic violence, and restorative justice in resolving domestic violence. This research is a normative juridical research that examines the problems of various legal theories. The study was conducted on the prospect of restorative justice in resolving cases of domestic violence as sustainable violence. The analysis was carried out qualitatively. Domestic violence that occurred during the pandemic was caused by "strain" including a decrease to loss of income, boredom from having to be at home, sick conditions and so on. The increasing number of domestic violence cases during the pandemic requires handling using the principle of restorative justice with a penal mediation mode. This problem solving model is carried out by bringing together perpetrators and victims and finding a middle way to solve the problems they face. This out-of-court settlement is believed to be more effective considering that the perpetrator and the victim have an inner relationship based on love that prioritizes the integrity of the household. Restorative justice with penal mediation does not yet have regulators and categories in criminal law, including Law Number 23 of 2004 concerning the Elimination of Domestic Violence, within the limits or levels of violence whose resolution can be carried out using the concept of restorative justice.
Legal Protection for Nightclubs Female Workers in Bali Ni Nyoman Juwita Arsawati; Gde Made Swardhana; Diah Ratna Sari Hariyanto; Dewi Bunga
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.3176.pp286-302

Abstract

This study aims to identify, analyse, and find the risks and legal protections for female workers at nightclubs in Badung, Bali, Indonesia. Through empirical legal research, based on the study's results, it can be found that there are many risks faced by female workers who work at nightclubs. The risks faced by female workers at nightclubs in Badung, Bali, can include health risks (physical and mental/psychological), safety risks, risks of victimisation (becoming victims of criminal acts), getting a negative prejudice from the community, being ostracised, and the risk of falling into prostitution and drug abuse. Legal protection for female workers in nightclubs has yet to be implemented optimally. Many rights and protections are owned by women who work in nightclubs, but nightclubs cannot reach them. There are still many violations of the law against female workers. Management does not provide rights for night workers in accordance with the provisions of the Manpower Act because these workers are not included in the Labor Union. The legal consequences for women workers at night entertainment sites need better legal protection, especially in the context of the labour force. Stigmatising women employees at night recreation sites as prostitution workers also weakens protection for them.Women workers do not fight for their rights because they do not have much understanding of their rights.
Co-Authors Diah Ratna Sari Hariyanto Gde Made Swardhana I Made Wirya Darma Ni Gusti Agung Mas Triwulandari Ni Nyoman Juwita Arsawati