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Legal Protection Of Women Victim Online Gender-Based Violence (KBGO) Rengga Kusuma Putra; Dian Ratu Ayu Uswatun Khasanah; Dian Karisma; Maulana Fahmi Idris; Ronald Jolly Pongantung
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5250

Abstract

Violence today does not only occur in the real world, but with the development of internet technology, it opens up opportunities for perpetrators to commit acts of violence by utilizing the internet, known as online gender-based violence (GBV). KBGO is more vulnerable to women and children, which not only causes suffering for victims physically, psychologically and even economically. The rights of victims have been deprived and their interests have been harmed by the perpetrators, so victims really need legal protection so that their rights are restored and their interests can be protected. Legal protection for victims of violence is provided by considering the losses suffered by victims, namely in the form of material and immaterial losses. Legal protection for women victims of online gender-based violence (KBGO), not only imposes punishment on the perpetrators of violence in the form of imprisonment and/or fines, but also provides the rights of victims who have been deprived and whose interests have been harmed by the actions of the perpetrators. The punishment that can be imposed on the perpetrators of violence has been regulated in Law Number 12 of 2022, including in the provisions of Article 14 and Article 15, with imprisonment and/or fines, even restitution, imposition of additional punishment or measures in the form of rehabilitation for the perpetrators, as stipulated in Article 16 and Article 17 of Law Number 12 of 2022. For legal protection of the rights of victims of violence, among others, it is regulated in Article 66 to Article 70 of Law Number 12 of 2022, which includes the right to handling, the right to protection and the right to recovery.Keywords:KBGO, Legal Protection, Victims, Women
The Urgency of Meaningful Participation in the Law Making Process from the Perspective of Democratic Countries (Comparison of Indonesia, South Africa and the United States) Rengga Kusuma Putra; Aziz Widhi Nugroho; Geofani Milthree Saragih; Siti Fatimah; Satriya Nugraha
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5270

Abstract

Meaningful participation in law formation is a crucial aspect of a democratic country. The existence of this participation not only reflects the voice of the people but also increases the legitimacy of the resulting law. A legislative process that involves the community can create rules that are more responsive and in line with community needs. In this context, this research discusses meaningful participation practices in Indonesia, South Africa, and the United States. Each country has different approaches and mechanisms for involving the public in the legislative process. The research method used is normative legal research with a statutory approach and a comparative legal approach. Through this approach, the study analyzes the laws and regulations governing public participation and identifies best practices from each country. The research results show that South Africa implements an effective public consultation system, where the public can provide direct input in the discussion of draft laws. Meanwhile, the United States has a structured participation mechanism, including public hearings and gathering input from various stakeholders, thereby creating a space for constructive dialogue between policymakers and the public. On the other hand, Indonesia still faces challenges in ensuring meaningful participation, despite efforts through public discussion mechanisms. These findings suggest the need to improve participation mechanisms in Indonesia to optimize the quality of democracy and legal legitimacy. Apart from that, support from the government and society is needed to create a stronger culture of participation, so that every individual feels they have a role in the legislative process. In this way, it is hoped that the resulting law will not be just a formality, but wil.Keywords:Meaningfull Participation; Legislation; Law Making; Democratic.
A Critical Review of the Revision of Law Number 39 of 2008 on State Ministries from the Perspective of the Indonesian Rule of Law and the Principles of Pancasila Democracy Daulat Nathanael Banjarnahor; Rengga Kusuma Putra; Firinta Togatorop; David Banjarnahor
Jurnal Ilmiah Multidisiplin Vol. 4 No. 04 (2025): Juli: Jurnal Ilmiah Multidisiplin
Publisher : Asosiasi Dosen Muda Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56127/jukim.v4i04.2166

Abstract

As a country with a constitution as the highest fundamental law, Indonesia regulates and distributes state functions to state power organs, which are then referred to as State Institutions. One of the state institutions regulated in the constitution is the State Ministry Institution, which is governed by Article 17 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, stating that the President is assisted by State Ministers. Article 17 paragraph (4) regulates that the establishment, amendment, and dissolution of state ministries are governed by law. This then became a polemic, because the People's Consultative Assembly (MPR) of the Republic of Indonesia had agreed to the Revision of Law Number 39 of 2008 on State Ministries, with one of the important points of change being the absence of a limit on the number of ministries, so that the number of ministries formed and established by the President is in accordance with the needs of state administration. The issues raised in this scientific article are: First, How to Critically Review and Analyze the Revision of Law Number 39 of 2008 on State Ministries from the Perspective or Doctrine of the Indonesian Rule of Law and the Principles of Pancasila Democracy, and Second, Whether the Revision of Law Number 39 of 2008 on State Ministries is in accordance with the Perspective or Doctrine of the Indonesian Rule of Law and the Principles of Pancasila Democracy. The research method used to address the issues in this scientific article is the normative legal research method with a conceptual approach. The conclusion drawn from the problem-solving answers is: First, that the Perspective or Doctrine of the Indonesian Rule of Law and the Principles of Pancasila were not used as guidelines and were ignored by the State in the process of Revising Law Number 39 of 2008 on State Ministries, and Second, that the Revision of Law Number 39 of 2008 on State Ministries does not yet align with the Perspective or Doctrine of the Indonesian Rule of Law and the Principles of Pancasila Democracy.