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All Journal Al-Ahkam Jurnal Ilmiah Dunia Hukum Jurnal Suara Hukum Trunojoyo Law Review Bulletin of Science, Technology and Society
Da Silva, Eugenia Brandao
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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A Model of Election Supervision Based on Village Judicial Institutions; A Review of Legal Anthropology in Madura Da Silva, Eugenia Brandao; Ali, Mahrus; Rohman, Khabib Syaikhu; Mashud, Mashud
TRUNOJOYO LAW REVIEW Vol 6, No 1 (2024): February
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v6i1.23230

Abstract

The General Election Law has placed villages at the forefront of the election monitoring system by establishing Village Panwaslu. However, it still needs to be fully able to unravel the complexity of the election monitoring system. This study aims to strengthen the election supervision system so that all electoral issues can be resolved at the village level. This research uses normative legal research methods that focus on the reconstruction and institutionalization of the election supervision system at the village level through the synergy of village judicial institutions. The result of the research is that the design of election supervision at the village level, which only places one member, has yet to resolve the many burdens of election supervision fully. Although Article 448 paragraph (3) of the Election Law authorizes the community to monitor actively, it has proven not optimal because there is no clear legal protection for the participatory monitoring system. The weakness of the monitoring system can be strengthened through 1) The establishment of Village Panwaslu members that involve village judicial institutions consisting of Babinkantibmas, Babinsa, and community leaders; 2) Expanding the authority of the Village Panwaslu to resolve disputes over the election process at the village level.
Comparison of Indonesian and Norwegian Laws regarding Criminal Responsibility of perpetrators with Intellectual/Mental Disabilities Via Dianti, Pingkan Okta; Andini, Maria Angela Putri; Windari, Rusmilawati; Da Silva, Eugenia Brandao
Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n1.p68-90

Abstract

The criminal responsibility of offenders with mental or intellectual disabilities varies significantly across legal systems, influencing policies within the criminal justice framework. In some jurisdictions, provisions exist allowing for the consideration of disabilities as grounds for exoneration or mitigation of punishment. The reform of Indonesia's Criminal Code in 2023, particularly Articles 38 and 39, addresses the issue of criminal responsibility for individuals with mental or intellectual disabilities. However, challenges arise when the concept of diminished criminal liability is tied more to the defendant's mental or intellectual condition rather than their culpability in the criminal act itself. This study aims to examine and compare these legal regulations and policies with those of Norway. Using a juridical-normative method with legislative and comparative approaches, the research seeks to elucidate the differences in how Indonesia and Norway handle the criminal responsibility of offenders with disabilities. By doing so, this paper aims to clarify the regulatory frameworks governing the exoneration and reduction of criminal liability for individuals with disabilities in Indonesia, ensuring that law enforcement practices align with the rights and considerations afforded to such individuals
Beyond Formality in Indonesian Pretrial Law: KUHAP Reform, Human Rights, and Islamic Law Irawati, Arista Candra; da Silva, Eugenia Brandao
Al-Ahkam Vol. 35 No. 2 (2025): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2025.35.2.28399

Abstract

Indonesia's pretrial system has long faced challenges, including formalistic procedures, limited judicial oversight, and potential violations of suspects' rights. The Constitutional Court Decision No. 21/PUU-XII/2014 expanded pretrial review, especially regarding suspect designation. Yet, gaps remain in implementation, legal certainty, and due process. This study aims to critically evaluate the reconfiguration of Indonesia's pretrial mechanism by integrating human rights principles, Islamic criminal law, and KUHAP reform. Employing doctrinal analysis of legislation, case law, and jurisprudence, complemented with comparative insights from Malaysia, Egypt, and Türkiye, the research examines how procedural fairness and accountability can be strengthened. Findings reveal persistent weaknesses in judicial control, repeated suspect status, and post factum review. Integrating positive law, human rights, and Islamic law principles such as ḥisba, qāḍī al-maẓālim, al-bayyina, and dar’ al-ḥudūd bi al-shubuhāt can enhance procedural justice. Recommendations include clearer pretrial codification, substantive judicial oversight, and adoption of Islamic law insights to build a more equitable, rights-oriented pretrial framework in Indonesia.
Ethics and Social Responsibility in Technology Innovation for Sustainability and Social Justice Da Silva, Eugenia Brandao; Gani , Abdul
Bulletin of Science, Technology and Society Vol. 1 No. 2 (2022): Bulletin of Science, Technology and Society (August)
Publisher : Metromedia

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Abstract

The rapid development of technology has a significant impact on human life, both in economic, social and cultural aspects. Without a clear implementation of ethics and social responsibility, technology innovation can lead to various problems, such as privacy violations, algorithmic bias, digital inequality, and resource exploitation. This research highlights the importance of integrating ethical values in technology to ensure that innovations provide equitable and sustainable benefits to society. Through a literature review approach, this research examines the main challenges in the implementation of technology ethics as well as strategies that can be applied to overcome these problems. The results of research show that strict regulations, transparency in technology development, and increased digital literacy are key factors to create an ethical and socially responsible technology ecosystem. Collaboration between the government, private sector and civil society is needed to build ethical standards that can keep pace with dynamic technological developments. Awareness of the social impact of technology should also be raised through education and public involvement in technology ethics discussions. With a comprehensive approach, technology can develop as a tool that supports the advancement of civilization without compromising moral principles and social justice. The integration of ethics in technological innovation is not just an option, but a necessity to create a more inclusive and sustainable future.
The Paradigm of Sexual Violence Against Women in Indonesia: Between Causes and Solutions Sutikno, Edi; Da Silva, Eugenia Brandao
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.6634

Abstract

This study examines sexual harassment against women in Indonesia as a structural manifestation deeply rooted in social, cultural, and institutional inequality rather than as an isolated phenomenon. Using a qualitative-descriptive approach through literature review and socio-legal analysis, this research identifies key factors that perpetuate sexual violence, including the surplus of male power within patriarchal structures, victim blaming practices, the lack of sexual and gender awareness education, stigma surrounding reporting, and the objectification of women in the media. These interrelated factors not only reflect the symbolic domination of men over women’s bodies and spaces but also highlight the state’s and society’s failure to establish a comprehensive and just protection system. The findings reveal that addressing sexual harassment requires cross-sectoral, holistic, and sustainable interventions. Progressive legal reforms such as the implementation of the Sexual Violence Crime Law (UU TPKS) must be accompanied by comprehensive, gender-based sexual education, victim-centered law enforcement, and strengthened media ethics in reporting violence. Accordingly, the study recommends that the government enhance the implementation of UU TPKS by improving the capacity of law enforcement officers, expanding integrated protection services across regions, and incorporating comprehensive sexual education into the national curriculum. Society must actively reject the normalization of violence and eliminate stigma against victims, while civil society organizations, educational institutions, and the media should strengthen collaboration to promote awareness, victim-oriented policies, and ethical reporting practices. The synergy among these sectors is crucial to building an inclusive, just, and sustainable system to eradicate sexual harassment against women in Indonesia.
Co-Authors Aminuyati Andini, Maria Angela Putri Arista Candra Irawati Gani , Abdul Mahrus Ali Rohman, Khabib Syaikhu Rusmilawati Windari Sutikno, Edi Via Dianti, Pingkan Okta