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All Journal Indonesian Journal of International Law The Indonesian Journal of Socio-Legal Studies
Kasuma, Iva
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Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Another Second Chance: Rehabilitation of marital rape offender for the victim’s recovery Kasuma, Iva; Azhara, Farisa; Ilfa, Afida; Farhana, Shofiyah Adila
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Abstract

Not all victims of marital rape want a divorce, generally victims long to maintain their marriage and for the perpetrators to correct their own behaviors. Victims are also bound to the strong culture that condones sexual relations without consent as long as it is carried out within the framework of a legal marriage. This study aims to demonstrate the importance of rehabilitation for offenders of marital rape by examining various laws and regulations in Indonesia and the obstacles to their implementation. Methodologically, data were obtained from doctrinal studies of Indonesian law and court decisions related to marital rape and empirical studies from a number of law enforcement officers as well as paralegals. The results show that the absence of a specialized law that regulates the rehabilitation of marital rape perpetrators impacts poorly on judges' decisions in domestic violence cases. There has been no court decision sentencing mandatory counseling as part of their rulings. Judges frequently view sexual violence within a limited scope of physical evidence; as a result, perpetrators are granted low sentences. Indonesia needs a specialized law that regulates the rehabilitation of marital rape perpetrators.
CEDAW Convention and Engendering Faculty of Law's Curriculum Reinforcement: A Lesson Learnt from Indonesia Kasuma, Iva; Irianto, Sulistyowati
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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This research aims to describe the strategies used to eliminate discrimination against women through academic-based programs conducted in universities. This includes the International Law, a powerful reference for teaching material in legal education used to promote humanity. Presently, globalization of law is marked in the International Law-making process by delegates from various countries, which spreads to State parties through ratification with a significant impact on legal reform. A number of senior female professors have initiated the socialization and implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW Convention). This was conducted through the ratification of Law No. 7 of 1984, which has been continued by the younger scholars. The establishment of the Convention Watch Working Group of Universitas Indonesia is a fame of light for academics to accomplish their duties to educate and literate law students, legal practitioners, law enforcers, and the wider communities. The process of promoting the CEDAW Convention and strengthening gender equality has been spread to many universities in Indonesia within 30 years, mainly through the program of Engendering Faculties of Law's Curriculum. Presently, no fewer than 75 law faculties in Indonesia provide a lecture on "Gender and Law", with hundreds of law lecturers actively participating in various activities through interdisciplinary collaboration with women's movement and civil society ranging from the local, national, and regional levels. The old history of the Indonesian women's movement before the nation’s independence was carried out by young female law academics. This category of people played important roles in enforcing democracy and justice mainly for the underserved communities.
Co-Authors Azhara, Farisa Farhana, Shofiyah Adila Ilfa, Afida Sulistyowati Irianto, Sulistyowati