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All Journal Diktum Justitia et Pax Journal of Asian Wisdom and Islamic Behavior
Nur Anisah, Laili
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Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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IMPLEMENTASI PRINSIP KONSEP RESTORATIVE JUSTICE PADA PELAKSANAAN DIVERSI (STUDI KASUS DI D. I. YOGYAKARTA) Nur Anisah, Laili; Hastarini, Arvita
Justitia et Pax Vol. 39 No. 2 (2023): Justitia et Pax Volume 39 Nomor 2 Tahun 2023
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v39i2.7499

Abstract

The concept of restorative justice is the basis for implementing diversion in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Diversion is presented to prevent children in conflict with the law from the bad excesses of the criminal justice system and return the condition of children, victims and communities to the state they were in before the crime occurred. However, based on data from the Indonesian Child Protection Commission (KPAI), criminal acts committed by children continue to increase every year. This research aims to see whether the concept of restorative justice is achieved or not in the implementation of diversion. The problem studied is whether the implementation of diversion is by the principles of restorative justice seen from the cases studied. If it is not by the principles of restorative justice, are there other alternatives so that the principles of restorative justice are fulfilled? The research used an empirical approach by examining 7 cases of child diversion spread across the Yogyakarta City Police and Sleman Police. Cases were analyzed using 3 principles and 4 values of restorative justice coined by Van Ness and Strong. The results of this research concluded that 5 out of 7 cases did not meet the criteria for the restorative justice concept, the rest did. Other methods are needed that can facilitate the implementation of the principles of restorative justice, namely the approach of the perpetrator's family to the victim's family before implementing diversion, the influence of the victim's parents in the diversion process, and mutually agreed compensation.
Problematika Frasa Tanpa Persetujuan Korban Dalam Peraturan Menteri Pendidikan Kebudayaan Riset Dan Teknologi Nomor 30 Tahun 2021 Tentang Pencegahan Dan Penanggulangan Kekerasan Seksual Di Perguruan Tinggi Nur Anisah, Laili
Diktum: Jurnal Ilmu Hukum Vol. 10 No. 2 (2022): November 2022
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/diktum.v10i2.209

Abstract

The Ministry of Education and Culture in an effort to prevent and overcome sexual violence The Ministry of Education and Culture issued Regulation No. 30 of 2021 concerning the Prevention and Control of Sexual Violence in Higher Education. The Permendikbudristek is intended as a legal basis for the processing of cases of sexual violence that occur in the Higher Education environment. However, there were several problematic substances after the Permendikbudristek was ratified, one of which was the phrase "Without Victim's Consent" which triggered the assumption that the Permendikbudristek encouraged the occurrence of free sex in universities. This study will examine the legal politics of this phrase and its implications for handling cases of sexual violence from a victim perspective. This research is a normative legal research. The results of this study, namely, the phrase "Without the Victim's Consent" cannot be interpreted as an argumentum a contrario to encourage free sex in universities. . This phrase must be proven not only to protect the victim, but also to protect the perpetrator, although it is rare. The conclusion of this study is that the phrase "Without the Victim's Consent" cannot be interpreted grammatically as opposed to the text in question, giving rise to an interpretation that not only harms the victim, but also contains accusations against higher education institutions. The phrase “Without the Victim's Consent” is needed to guarantee the rights of the victim as well as to provide legal certainty for alleged perpetrators of sexual violence in universities.
Eliminating Qanun Jinayat in Resolving Sexual Violence in Indonesia: A Comparative Study of the TPKS Law and Qonun Jinayat Nur Anisah, Laili; Wibisono, Anditya Ariesta
Journal of Asian Wisdom and Islamic Behavior Vol. 2 No. 2 (2024)
Publisher : JAWAB: Journal of Asian World and Islamic Behavior Journal of Asian World and Islamic Behavior

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59371/jawab.v2i2.86

Abstract

Law Number 12 of 2022 concerning Crimes of Sexual Violence (UU TPKS) was passed in April 2022 after waiting almost 12 years when it was submitted as an initial draft law to the DPR. Unlike other laws, TPKS Law was designed using a bottom-up system to address the problem of overcoming sexual violence in Indonesia, the number of which increases every year. However, not all regions in Indonesia will use the TPKS Law when cases of sexual violence occur. Aceh Province is the only province that, based on special autonomy, is allowed to have its criminal law called Qanun Jinayat. This research compares the regulations regarding preventing sexual violence contained in TPKS Law and the Aceh Qanun Jinayat. It looks at the threat to the protection of victims of criminal acts, especially victims of criminal acts of sexual violence. This research is normative legal research, which analyzes statutory regulations. The results of the study show that TPKS Law regulates the prevention of sexual violence more comprehensively than the Qanun Jinayat, which requires more comprehensive protection for victims than the Qanun Jinayat. There are also articles in the Qanun Jinayat that tend to cause revictimization, rather than protecting victims.
Co-Authors Arvita Hastarini Wibisono, Anditya Ariesta