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All Journal Arkus International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Mimbar Hukum Enigma in Law Jurnal Pendekar Nusantara Bhakti Sabha Nusantara Journal of International Islamic Law, Human Right and Public Policy IECON: International Economics and Business Conference Teknofile, Jurnal Sistem Informasi
Fadlan
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Journal : Enigma in Law

 1 
Beyond Confinement: A Legal Exploration of the Rights of Vulnerable Groups in the Indonesian Correctional System Sianturi, Tony Budianto; Fadlan; Ramon Nofrial; Erniyanti; Soerya Respationo
Enigma in Law Vol. 2 No. 2 (2024): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v2i2.63

Abstract

The Indonesian correctional system, while tasked with upholding justice, grapples with the challenge of safeguarding the rights of vulnerable groups within its confines. This study delves into the legal framework and practical realities concerning the rights of these groups, encompassing women, children, the elderly, and individuals with disabilities, within the Indonesian prison system. The research employs a hybrid methodology, integrating normative legal analysis with empirical insights gleaned from interviews and case studies. The normative legal analysis scrutinizes pertinent laws, regulations, and international human rights instruments to gauge the extent of legal protection afforded to vulnerable groups in the correctional context. The empirical component, through interviews with correctional officers, inmates, and legal experts, sheds light on the lived experiences of these groups and the practical implementation of their rights. The study reveals a complex interplay between legal provisions and ground realities. While Indonesian law enshrines the rights of vulnerable groups, their actualization within the correctional system faces formidable obstacles. Overcrowding, inadequate healthcare, and limited access to rehabilitation programs disproportionately impact these groups, hindering their reintegration into society. In conclusion, our study underscores the imperative of bridging the chasm between legal safeguards and their practical implementation. It advocates for targeted interventions, including enhanced healthcare provisions, specialized rehabilitation programs, and heightened sensitivity training for correctional staff, to ensure the holistic well-being and successful reintegration of vulnerable groups within the Indonesian correctional system.
From Patrilineal Tradition to Gender Equity: The Evolution of Inheritance Law in Indonesia’s Batak Toba Community Silalahi, Dwi Grace Rosalia; Lagat Parroha Patar Siadari; Fadlan; Erniyanti; Soerya Respationo
Enigma in Law Vol. 2 No. 2 (2024): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v2i2.66

Abstract

The Batak Toba community in Indonesia, traditionally governed by a patrilineal kinship system, has historically excluded women from inheritance rights. This deeply ingrained custom has perpetuated gender inequality within the community. However, the landscape of inheritance law has undergone significant transformation due to the influence of national legislation and landmark court rulings. This study explores the dynamic evolution of inheritance practices among the Batak Toba, tracing the shift from a patriarchal tradition to a more equitable system that recognizes the rights of women. This research employs a qualitative approach, combining legal analysis with empirical data gathered through interviews and case studies within the Batak Toba community. The study examines customary laws, national legislation, and judicial decisions to understand the legal framework governing inheritance. Additionally, it delves into the lived experiences of individuals within the community to capture the social and cultural dimensions of inheritance practices. The findings reveal a gradual but significant shift in inheritance practices among the Batak Toba. While the patrilineal tradition remains influential, there is growing recognition of women's inheritance rights. This change is attributed to several factors, including increased education, economic empowerment of women, and greater awareness of gender equality principles. The study also highlights the role of legal reforms and judicial activism in challenging discriminatory customary laws and promoting a more inclusive approach to inheritance. The evolution of inheritance law in the Batak Toba community reflects a broader societal transformation towards gender equity. While challenges persist, the study underscores the importance of continued legal reforms, community engagement, and education to ensure the full realization of women's inheritance rights. The findings offer valuable insights for policymakers, legal practitioners, and community leaders working towards a more just and equitable society.
Co-Authors Abdul Rahman Aras Agussalim Alfin Bakhtiar Tijjang Chikita, E. Arinda E Arinda Chikita Faisal Santiago H.M. Soerya Respationo Ika Novita Sari Kairuddin Karim Lagat Parroha Patar Siadari Laily Washliati Lia Fadjriani Muhammad Sabir Rahman Nanda Horas Pranata Nicha Suwalla Nuringsih Ramon Nofrial Rinawati Siagian Sianturi, Tony Budianto Silalahi, Dwi Grace Rosalia Sunardi Purwanda Zudan Arif Fakrulloh