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All Journal JURNAL HUKUM LAW REFORM Jurnal Pendidikan dan Pemberdayaan Masyarakat Jurnal IUS (Kajian Hukum dan Keadilan) Jambe Law Journal ADLIYA: Jurnal Hukum dan Kemanusiaan Jurnal Suara Hukum Indonesia Private Law Review Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Legal Protection for the Partnership Agreement Parties Journal of Law and Legal Reform
Nunna, Bhanu Prakash
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection for Child Sexual Violence Victims: Victimology Perspectives, Challenges, and Policy Solutions in Asia Utari, Indah Sri; Kamal, Ubaidillah; Ramada, Diandra Preludio; Sumardiana, Benny; Nunna, Bhanu Prakash
Jurnal Suara Hukum Vol. 8 No. 1 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

This study critically examines the implementation and effectiveness of legal protection mechanisms for child victims of sexual violence across selected Asian-majority countries. While many nations in the region have ratified international conventions (such as the CRC) and enacted specialized domestic legislation, the reality of enforcement is often undermined by socio-cultural dynamics and systemic weaknesses. Employing a victimology framework, this research analyzes the factors contributing to revictimization and the specific challenges faced by children navigating the criminal justice system within contexts characterized by strong familial hierarchy, community privacy norms, and prevalent gender biases. The study identifies three core implementation challenges common across the region: 1) the pervasive influence of stigma and victim-blaming rooted in traditional values, leading to underreporting and case withdrawal; 2) procedural inadequacies within law enforcement and judicial sectors, resulting in non-trauma-informed practices and secondary harm; and 3) the failure to effectively deliver restitution and holistic rehabilitation services due to funding gaps and lack of integrated inter-agency cooperation. Drawing upon comparative case analysis, this paper proposes alternative solutions that are culturally sensitive yet legally robust. Key recommendations include implementing mandatory specialized judicial training focused on child psychology and trauma-informed interviews, establishing state-funded victim compensation and rehabilitation schemes independent of criminal prosecution outcomes, and promoting community-level restorative justice initiatives that prioritize the child's well-being over solely punitive measures. Ultimately, this study advocates for a paradigm shift from a purely punitive legal response to a comprehensive, victim-centered approach tailored to the unique societal structures of Asian-majority countries.
The Potential Application of The Bridging Approach In Community-Based Corrections In Indonesia: A Comparative Perspective Hamja, Hamja; Nunna, Bhanu Prakash; Sutrisno, Endang; Sambas, Nandang; Widjajanti, Ermania
LAW REFORM Vol 22, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v22i1.71136

Abstract

Electronic Monitoring (EM) constitutes a sophisticated surveillance mechanism that epitomizes technological advancements within the legal sphere and acts as a feasible substitute for conventional detention practices. Nations such as South Korea have adeptly incorporated EM into a meticulously designed, community-centric training framework. Indonesia is encouraged to adopt EM; however, the effective realization of this initiative necessitates alterations to the prevailing legal and social infrastructure. This research endeavors to investigate the feasibility of EM implementation in Indonesia through a comparative analysis with the established framework in South Korea, focusing particularly on the alignment of correctional institutions, technological systems, and community engagement. Employing a comparative judicial methodology, this study assesses the legal framework, institutional arrangements, and operational procedures pertaining to EM in both jurisdictions. Findings indicate that South Korea has established a comprehensive national framework for EM, supported by centralised monitoring facilities located in Seoul and Daejeon, regional parole offices, and coordinated oversight in conjunction with law enforcement agencies. In contrast, Indonesia's correctional system remains hampered by fragmented regulatory measures, inadequate institutional collaboration, and limited technological capabilities. The lack of EM as a formally recognised legal instrument limits alternative sentencing options and exacerbates prison overcrowding. This study concludes that Indonesia requires legislative reform, capital investment in monitoring infrastructure, and enhanced inter-agency collaboration to facilitate the effective implementation of EM.
Co-Authors Abdul Aziz Nasihuddin Adhistianto, Mohamad Fandrian Amad Sudiro, Amad Aprila Niravita, Aprila Busroh, Firman Freaddy Chairul Huda, Chairul Cholidin, Achmad Dey Ravena Diandra Preludio Ramada, Diandra Preludio Endang Sutrisno Ermania Widjajanti Erna Dewi . Hamja, Hamja HARIYANTO HARIYANTO Hendriana, Rani Imam Asmarudin Indriani, Iin Khairo, Fatria lenny kurniati, lenny Luluk Elyana Mardiana - Masrukhi Masrukhi Maya Shafira Mohamad Fandrian Adhistianto Muhamad Iqbal Muhamad Romdoni Muhammad Fauzan Nandang Sambas Oktobrian, Dwiki Pahlawan MP, H Muhamad Rezky Pahlawan MP, H. Muhamad Rezky Rena Yulia Riris Ardhanariswari Setya Wahyudi SUSANTO Ubaidillah Kamal