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Reconstruction Concept of Restorative Justice in the Crime of Theft with Elderly Perpetrators in Batam Alhakim, Abdurrakhman; Hutauruk, Rufinus Hotmaulana; Azlyn, Nurul
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.237

Abstract

AbstractRestorative justice is an alternative to solving criminal cases in which the criminal justice procedure mechanism focuses on punishment which is changed into a dialogue and mediation process involving the perpetrator, victim, family of the perpetrator/victim, and other related parties. Indeed, the issue of sanctions is a very important issue in the implementation of the content of criminal law because it is a reflection of norms and rules that contain the values of a society. In its implementation, the determination and provision of criminal sanctions based on the law prioritizes Primum Remedium rather than Ultimum Remedium. The purpose of this research is to review, analyze and reconstruct the concept of restorative justice as an alternative to the settlement of criminal acts, especially against elderly perpetrators of theft in Batam city. Based on the result of the research, there is still no special regulation related to the settlement of theft crime by the elderly in Batam City, there is still a need for the establishment of legal institutions/agencies that develop the concept of restorative justice and the lack of knowledge of the people of Batam City on the concept of restorative justice
Employment or Exploitation? A Legal Comparative Study of Domestic Worker Protection in Singapore and Indonesia Antony, Antony; Osmond, Agung Pratama; Ali Sabisi, Muhammad; Azlyn, Nurul; Rahmadani, Aini; Shahrullah, Rina Shahriyani
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1313

Abstract

This study aims to analyze the comparative legal protection systems for Domestic Workers (DWs) in Indonesia and Singapore, while highlighting the urgency of ratifying ILO Convention No. 189 as an international instrument to ensure decent work in the domestic sector. The research employs an empirical legal method, utilizing statutory, conceptual, and empirical approaches. The statutory approach involves reviewing national and international regulations related to labor and domestic worker protection. The data consist of primary data from observations and interviews, as well as secondary data from primary legal sources such as the 1945 Constitution of the Republic of Indonesia, Law No. 13 of 2003, the Draft Bill on Domestic Workers, the Employment of Foreign Manpower Act (EFMA), the Employment Act, and international instruments such as ILO Convention No. 189. The data are analyzed using descriptive-qualitative methods with deductive reasoning to identify normative and empirical gaps in the protection of domestic workers. The findings reveal that both Indonesia and Singapore have yet to provide comprehensive legal protection for domestic workers, particularly regarding formal employment status, basic rights, and access to justice. The ratification of ILO Convention No. 189 is considered crucial for both countries to improve national legal frameworks, raise protection standards, and enhance their diplomatic position and international reputation in upholding human rights and social justice.
EFFECTIVENESS OF ANTI-DISCRIMINATION IMPLEMENTATION FOR LABOR IN MULTICULTURAL SOCIETY IN BATAM CITY FROM INTERNATIONAL AND NATIONAL LAW PERSPECTIVE Azlyn, Nurul; Shahriyani Syahrullah, Rina; Syarief, Elza
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1670

Abstract

This study aims to evaluate the effectiveness of anti-discrimination policies in the workforce in Batam City, a center of industry with a high diversity of backgrounds. Although international and national regulations have been implemented to reduce discrimination, the practice of discrimination in the workplace is still a significant issue, as evidenced by the high rate of discrimination that occurs, including in Batam City. This study aims to analyze the application of international and national laws in Batam City because the industries in Batam City are comprised of local/national and foreign industries. This research uses a statutory approach and an empirical approach. The research was conducted through in-depth interviews with companies and agencies related to labor policies. The findings show that most companies in Batam City have adopted anti-discrimination policies to realize the international and national legal approaches. However, implementing these policies is often hampered by a lack of understanding and awareness of workers' rights, as well as weak monitoring mechanisms and sanctions for violations. This study recommends increased training on diversity and equality in the workplace, strengthened reporting mechanisms, and stricter law enforcement against perpetrators of discrimination. Thus, it is expected that a more inclusive and fair work environment can be created in Batam City.