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All Journal Primagraha Law Review Southeast Asian Journal of Victimology
Putri, Sovi Ayudia
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Korban Tindak Pidana Kekerasan Fisik Dalam Perspektif Victimology Noviyanti, Fitri; Putri, Sovi Ayudia
Southeast Asian Journal of Victimology Vol 2, No 2 (2024)
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sajv.v2i2.25483

Abstract

A This study discusses legal protection for victims of physical violence from the perspective of victimology. This study aims to analyze the effectiveness of existing legal protections for victims of physical violence, as well as provide recommendations for improving the protection of victims of such crimes. The research method used is a normative legal research method, the approach method used is a qualitative approach that is descriptive and analytical, the type and source of data used is secondary data. Victims of physical violence often face challenges in obtaining adequate legal protection. This shows the importance of deepening the perspective of victimology in an effort to provide effective protection for victims of physical violence. Victimology as a science that studies victims of crime provides deep insight into the conditions, rights, and needs of victims of physical violence. By understanding the perspective of victimology, the legal system can be developed to be more responsive to the protection of victims of physical violence. This study aims to explore the extent to which existing legal protections have been able to protect victims of physical violence and assess whether these protections are in line with the principles of victimology. Through an in-depth analysis of existing aspects of legal protection, this study is expected to provide concrete recommendations for related parties to improve the effectiveness of protection for victims of physical violence. By paying attention to the perspective of victimology, it is hoped that legal protection efforts for victims of physical violence can be more focused on the needs of victims, provide easier access to justice, and prevent the recurrence of violence in the future. Alignment between the principles of victimology and the legal protection system is an important step in building a safer and more caring society for victims of physical violence.
Rekognisi Keadilan Restoratif sebagai Mekanisme Penyelesaian Pidana Adat Masyarakat Baduy dalam Pluralisme Hukum Nasional Putri, Sovi Ayudia; Noviyanti, Fitri; Romdoni, Muhamad
Primagraha Law Review Vol. 3 No. 1 (2025): Maret
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/d6byfc49

Abstract

Legal pluralism in Indonesia recognizes customary law as part of the national legal system, although its acknowledgment remains limited. The Baduy community applies restorative justice through the Silih Hampura principle, emphasizing the restoration of social relationships. This approach differs from the retributive nature of the national criminal justice system. Challenges such as differences in legal paradigms, lack of understanding among law enforcement officers, and the risk of criminalization hinder the recognition of customary mechanisms. This study aims to examine the recognition of restorative justice as a mechanism for resolving customary criminal cases within the Baduy community in the framework of national legal pluralism. Using normative legal research methods and a descriptive qualitative approach, this study highlights the application of Silih Hampura, which focuses on restoring social relations between offenders, victims, and the community. The findings indicate that the Baduy’s customary criminal settlements align with restorative justice principles, although challenges persist. Integrating the Baduy's restorative justice into the national legal system strengthens the protection of indigenous rights, as reflected in Law No. 39 of 1999 on Human Rights and Law No. 6 of 2014 on Villages. Stronger recognition is needed to preserve cultural diversity and promote social justice in Indonesia.
Co-Authors Muhamad Romdoni Noviyanti, Fitri Noviyanti, Fitri