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Journal : Legal Standing : Jurnal Ilmu Hukum

POLA BANTUAN HUKUM DALAM MENCEGAH TERJADINYA TINDAK PIDANA KEKERASAN SEKSUAL Nasution, Rasina Padeni
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3.9487

Abstract

The legal aid model is an effort to ensure that every citizen, especially those who are less fortunate, has access to justice. This study aims to describe the implementation of the legal aid models employed by legal aid institutions to prevent sexual violence crimes in the city of Medan. The research method used is empirical juridical research, which examines the law based on facts in society and considers the function of the law. The analysis technique employed is descriptive analysis. The results of the study show that the implementation of the structural legal aid model (BHS) by LBH Medan and the structural gender legal aid model (BHGS) by LBH APIK are effective models in providing legal protection by expanding access to justice for victims. These models focus on recovery and the enhancement of premium services based on an approach to justice that not only aims to resolve cases through legal channels but also strives to change unjust social structures due to power relations, aiming towards more equal social relations and a gender perspective. The conclusion of this study indicates that the implementation of BHS by LBH Medan and BHGS by LBH APIK plays a significant role in both preventive and repressive efforts to prevent and address sexual violence in the city of Medan. These models also serve as solutions in synergizing stakeholders in advocating for sexual violence cases in the city of Medan.
POLA BANTUAN HUKUM DALAM MENCEGAH TERJADINYA TINDAK PIDANA KEKERASAN SEKSUAL Nasution, Rasina Padeni
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3.9487

Abstract

The legal aid model is an effort to ensure that every citizen, especially those who are less fortunate, has access to justice. This study aims to describe the implementation of the legal aid models employed by legal aid institutions to prevent sexual violence crimes in the city of Medan. The research method used is empirical juridical research, which examines the law based on facts in society and considers the function of the law. The analysis technique employed is descriptive analysis. The results of the study show that the implementation of the structural legal aid model (BHS) by LBH Medan and the structural gender legal aid model (BHGS) by LBH APIK are effective models in providing legal protection by expanding access to justice for victims. These models focus on recovery and the enhancement of premium services based on an approach to justice that not only aims to resolve cases through legal channels but also strives to change unjust social structures due to power relations, aiming towards more equal social relations and a gender perspective. The conclusion of this study indicates that the implementation of BHS by LBH Medan and BHGS by LBH APIK plays a significant role in both preventive and repressive efforts to prevent and address sexual violence in the city of Medan. These models also serve as solutions in synergizing stakeholders in advocating for sexual violence cases in the city of Medan.
Penerapan Keadilan Restoratif dalam Penyelesaian Tindak Pidana Kekerasan dalam Rumah Tangga di Wilayah Hukum Polrestabes Medan Tahun 2022 - 2024 Fitri, Desi Ira Ari; Nasution, Rasina Padeni
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.12176

Abstract

Criminal case settlement can be done in two ways, namely litigation (through the trial process in court) and Non-litigation (outside the court). The non-litigating method is currently known as Restorative Justice. Restorative Justice can be applied in minor crimes including Domestic Violence (KDRT). In response to the large number of domestic violence cases reported in the jurisdiction of the Medan Police, Restorative Justice was applied as an effort to resolve the crime of domestic violence. Based on Perpol No. 8 of 2021, the police have a significant role in applying the principles of Restorative Justice in resolving domestic violence cases. This study aims to examine the application of Restorative Justice in the resolution of domestic violence crimes as well as the challenges and obstacles experienced by the Medan Police Department. The type of research used is empirical juridical research and uses a case approach. The data source in this study is the primary data source obtained from the field by interviewing the Medan Police Department, then the data analysis technique used is qualitative analysis. The result of this study is that the Medan Police apply the principle of restorative justice in resolving domestic violence cases by facilitating dialogue between the perpetrator and the victim in a professional, neutral manner and ensuring that the victim does not experience intimidation and feel pressured by ensuring that the victim can voice what he feels and what impact he experiences as a result of the violence committed by the perpetrator. The victim is compensated for the losses he has suffered. In implementing restorative justice, the Medan Police did not find any challenges, but there were obstacles experienced by the police, namely incitement from other parties such as family and others, thus hindering the implementation of restorative justice.