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All Journal Jurnal Daulat Hukum Journal of Law, Poliitic and Humanities
Basto Daeng Robo
Universitas Khairun
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection for Victims of Theft Crimes Who Take Independent Action: A Study of Justice for 'Victim-Offenders' Rizky Septian; Fathurrahim Fathurrahim; Basto Daeng Robo; Sophian Y. Selajar; Arisa Murni Rada
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i1.51937

Abstract

The purpose of this study is to analyze the legal provisions regarding the rights of victims of theft to defend themselves and their property, as well as to examine the legal protection mechanisms that can prevent secondary victimization of victims in the law enforcement process. This issue is important because in the practice of criminal justice in Indonesia, there are often situations where victims of theft who resist the perpetrator are potentially prosecuted if their actions cause harm to the perpetrator. This condition shows a paradox in the criminal justice system, where victims who should receive protection instead face the risk of criminalization as a result of their acts of self-defense. This raises issues of justice and has the potential to create secondary victimization of victims through a law enforcement process that is insensitive to the position of victims. Therefore, this research is urgent to examine in more depth how Indonesian criminal law regulates self-defense and how legal protection mechanisms can be developed so that victims are not further harmed in the criminal justice process. This study uses a normative-juridical research method with a legislative approach and a conceptual approach analyzed through systematic interpretation and legal content analysis of various relevant legal sources. The results of the study show that, normatively, Indonesian criminal law recognizes the concept of self-defense as a justification, but the existing regulations still leave room for broad interpretation, which has the potential to cause legal uncertainty for victims who resist perpetrators of theft. In addition, victim protection mechanisms in the law enforcement process have not been fully able to prevent secondary victimization. This study concludes that there is a need to strengthen the regulatory framework, develop law enforcement guidelines that are more sensitive to victims, and adopt an approach that is more oriented towards victim protection in the criminal justice system. The novelty of this study lies in its analysis, which places victims who engage in independent resistance as the main subject of study from the perspective of legal protection and the prevention of secondary victimization in Indonesian criminal law.
Conjugal Visit Policy in the Perspective of Indonesian Criminal Law: Between the Fulfillment of Human Rights and the Limits of Islamic Morality Tri Syafari; Basto Daeng Robo; Fathurrahim; Sophian Yahya Selajar; Nurhayati Chalil
Journal of Law, Politic and Humanities Vol. 6 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i2.2679

Abstract

This study explores the legal and moral dimensions of conjugal visits within Indonesia’s criminal justice system by examining their position under national law and the potential influence of Islamic morality on correctional policy. It highlights the existing gap between constitutional guarantees of human rights—specifically the right to family life and the satisfaction of biological needs—and the absence of explicit legal provisions allowing conjugal visits for prisoners. Employing a normative legal methodology, this research utilizes legislative, conceptual, comparative, and philosophical approaches, drawing upon sources such as the 1945 Constitution, Correctional Law, Criminal Code, international human rights instruments, and Islamic jurisprudence. The findings indicate that conjugal visits may be recognized as a conditional right aligned with humanitarian principles and rehabilitation objectives, provided that implementation follows strict ethical and procedural safeguards consistent with Islamic teachings that confine sexual relations to lawful marriage. Thus, the regulation of conjugal visits remains possible if framed as a limited privilege integrating human rights with Islamic moral principles. The study’s novelty lies in proposing a reconciliatory policy model that merges socio-psychological, juridical, and human rights perspectives, offering a framework for humane, religiously compliant, and socially appropriate correctional reform in Indonesia.
Co-Authors Arisa Murni Rada Fathurrahim, Fathurrahim Nurhayati Chalil Rizky Septian Sophian Y. Selajar Sophian Yahya Selajar Tri Syafari