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All Journal Awang Long Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Mulawarman Law Review
Ismail Iskandar
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Law, Crime, Criminology & Criminal Justice

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THE CRIME OF FORCED MARRIAGE AGAINST CHILDREN IN THE PERSPECTIVE OF CRIMINAL LAW Azisa, Nur; Syamsuddin Muchtar; M. Aris Munandar; Ismail Iskandar; Nurul Hikmah; Fhildzha Zhafirin
Awang Long Law Review Vol. 5 No. 2 (2023): 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.v5i2.799

Abstract

Child marriage is a phenomenon that stilloccurs frequently in Indonesia today. After the promulgation of The Law of the Republic of Indonesia Number 12 Year2022 concerning Crimes of Sexual Violence(TPKS Law), child marriage is categorizedas a criminal act of sexual violence basedon forced child marriage. The criminalprovisions related to forced child marriages, the TPKS Law is disharmony with The Law of the Republic of Indonesia Number 16 Year 2019 concerning Amendments to The Law of the Republic of Indonesia Number 1 Year 1974 concerning Marriage (MarriageLaw), in which the law accommodates thepossibility of filing a dispensation with ageand cultural considerations. Meanwhile, thisis very inconsistent with the principlesadhered to in the TPKS Law. So that thiscan lead to obscuur libel (obscurity) in lawenforcement in the future. Given that theTPKS Law still does not have to implementregulations, it is still classified as an aspiredlaw (ius constituendum).
The Effectiveness of Supported Decision-Making in Election for Persons with Disabilities in Indonesia Juniar, Mutiah Wenda; Arini Nur Annisa; Ismail Iskandar; Nanda Yuniza; Wanda Anggraeni
Jurnal Mulawarman Law Review Vol 9 No 2 (2024): Mulawarman Law Review
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v9i2.1579

Abstract

This research objective is to determine the effectiveness of implementing supported decision-making (SDM) in elections for persons with disabilities in Indonesia. Thus, there are two research questions: how is the current implementation of supported decision-making in Indonesia, and second, what are the issues Indonesia has encountered in implementing Supported Decision-Making (SDM), and what are the strategies to implement SDM effectively to fulfill the political rights of persons with disabilities in Indonesia. The research method is qualitative; we interviewed several relevant stakeholders to obtain primary data and used relevant literature and reports to obtain secondary data. Thus, the result of the research shows that currently, Indonesia has implemented SDM, which is known as guardianship, specifically for persons with intellectual and mental disabilities during the elections. However, several issues hamper the implementation, such as the lack of understanding or awareness from the families and providers regarding SDM, lack of regulations, and the dilemma of autonomy and secrecy. Thus, there must be some strategies to implement effective SDM, such as providing specific regulations on providing reasonable accommodation for election, providing training for the providers on the election, open accessible information to the public and persons with disabilities regarding SDM, and collaboration with Disabilities Organization.
The Effectiveness of Supported Decision-Making in Election for Persons with Disabilities in Indonesia Juniar, Mutiah Wenda; Arini Nur Annisa; Ismail Iskandar; Nanda Yuniza; Wanda Anggraeni
Jurnal Mulawarman Law Review Vol 9 No 2: Mulawarman Law Review - December 2024
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v9i2.1579

Abstract

This research objective is to determine the effectiveness of implementing supported decision-making (SDM) in elections for persons with disabilities in Indonesia. Thus, there are two research questions: how is the current implementation of supported decision-making in Indonesia, and second, what are the issues Indonesia has encountered in implementing Supported Decision-Making (SDM), and what are the strategies to implement SDM effectively to fulfill the political rights of persons with disabilities in Indonesia. The research method is qualitative; we interviewed several relevant stakeholders to obtain primary data and used relevant literature and reports to obtain secondary data. Thus, the result of the research shows that currently, Indonesia has implemented SDM, which is known as guardianship, specifically for persons with intellectual and mental disabilities during the elections. However, several issues hamper the implementation, such as the lack of understanding or awareness from the families and providers regarding SDM, lack of regulations, and the dilemma of autonomy and secrecy. Thus, there must be some strategies to implement effective SDM, such as providing specific regulations on providing reasonable accommodation for election, providing training for the providers on the election, open accessible information to the public and persons with disabilities regarding SDM, and collaboration with Disabilities Organization.
Evaluating Indonesia's De-Radicalization Program: A Non-Punitive Approach to Countering Terrorism Syarif Saddam Rivanie; Dian Anggraece Sigit Parawansa; Toetik Rahayuningsih; Ulil Amri; Ismail Iskandar; Afif Muhni; Akhmad Afif Athaullah; Muhammad Chafidz Ali Wafa
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.7135

Abstract

The most significant bombing incident in Indonesia was in Bali in 2002, resulting in the deaths of 202 individuals. After the bombing attack, Indonesia enacted Law Number 15 of 2003 about the Eradication of Criminal Acts of Terrorism. This Law exclusively governs criminal consequences, omitting other forms of penalties expressly targeting offenders of terrorism. The objective of this research is to identify alternative forms of sanctions that may be imposed on future perpetrators of terrorism. This research employs a normative methodology, utilizing both primary and secondary materials about legal rules concerning the eradication of terrorist criminal activities.Furthermore, it employs many legal methodologies, specifically the statutory and conceptual approaches. The findings indicated that deradicalization in Indonesia is critically necessary through the imposition of sanctions that must be enforced on terrorists in the future. Current deradicalization is not a punitive measure imposed on terrorists; instead, it seeks to eradicate their radical ideologies.  
Co-Authors Afif Muhni Akhmad Afif Athaullah Arini Nur Annisa Dian Anggraece Sigit Parawansa Fachry Abda El Rahman Fhildzha Zhafirin Juniar, Mutiah Wenda M. Aris Munandar Muhammad Chafidz Ali Wafa Nanda Yuniza Nur Azisa NURUL HIKMAH Syamsuddin Muchtar Syarif Saddam Rivanie Toetik Rahayuningsih Wanda Anggraeni