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All Journal Jurnal Dialektika Hukum Intellectual Law Review (ILRE) Majelis: Jurnal Hukum Indonesia
Hermawanti, Kori
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Law, Crime, Criminology & Criminal Justice Social Sciences

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PERLINDUNGAN KORBAN KEKERASAN SEKSUAL DALAM HUKUM POSITIF INDONESIA DAN HUKUM INTERNASIONAL BERDASARKAN BEIJING DECLARATION Paminto, Saptaning Ruju; Hermawanti, Kori
Jurnal Dialektika Hukum Vol 5 No 1 (2023): Jurnal Dialektika Hukum
Publisher : Law Department Jenderal Achmad Yani University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (201.369 KB) | DOI: 10.36859/jdh.v5i1.1408

Abstract

Indonesia is currently experiencing an emergency criminal act of sexual violence, massive steps are needed to solve it. Not only that, the rights of victims must be properly accommodated, in line with the commitment of the Indonesian nation to eliminate all forms of torture and degrading treatment and discrimination against women, children, and persons with disabilities. The purpose of this study was to determine the comparison of the law of protection of victims of sexual violence crimes in Indonesian positive law and international law based on the Beijing Declaration. The result of the discussion was that there were similarities and differences in the provision of protection and rights for victims of sexual violence crimes both based on positive law and based on international law. The conclusion of this study is that violence against women needs to be prevented and eliminated, guided by the adoption of the Beijing Declaration and Platform for Action Indonesia as one of the countries involved must implement these actions, especially sexual violence in the form of national regulations or laws. So based on this explanation, it is necessary for the State Government to cooperate in providing assistance to victims of sexual violence and the need for the dissemination of information and education in various forms to prevent sexual violence from occurring. In addition, the widespread number of perpetrators of sexual violence where the perpetrator is a minor makes it necessary to change the laws of the juvenile justice system.
Harmonisation of Legal Rules on Chemical Castration as a Lex Specialist Based on The Principle of Legality in The Perspective of Criminal Law Hermawanti, Kori
Intellectual Law Review (ILRE) Vol 2 No 1 (2024): April
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v2i1.56

Abstract

Conflicts between several legal regulations and the existence of a legal vacuum make it problematic that chemical castration can be implemented, especially in Article 66 paragraph (1) of Law no. 1 of 2023 does not yet accommodate the implementation of chemical castration as an additional crime, so there is a need for changes and harmonisation of related legal regulations. The method used in this research is a qualitative method. The application of police medicine as an alternative to the execution of chemical castration has not yet received definite legality regarding the procedures and other rules for carrying out chemical castration in the police environment. In the implementation of chemical castration in Indonesia there are still several things that need to be clarified, especially for those carrying out the duties or executors. The existence of overlapping policies requires that efforts be made to harmonise both the health law perspective, medical practice, medical ethical code, human rights perspective, and also based on the Indonesian Criminal Code, and derivative legal regulations that must be harmonised.
Tindakan Kekerasan Terhadap Pekerja Migran Indonesia Perempuan: Faktor Penyebab, Bentuk Kekerasan, Dan Strategi Penanggulangannya Nursani, Adila; Suherman, Anisa Salsabila; Apriliani, Berliana Mawar; Sofyan, Keysa Kailani; Nadiawati, Khansa; Hermawanti, Kori; Utami, Tanti Kirana
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 1 (2026): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i1.1473

Abstract

Abstract. This study aims to examine the causes, forms, and strategies for combating violence against female Indonesian migrant workers (PMI) from a legal, sociological, and gender perspective. The background of this research is based on the vulnerability of female PMI to various forms of physical, psychological, sexual, and economic violence, which occurs from the pre-placement stage to the post-placement stage, as well as the long-term impact on mental health, human rights, and socio-economic reintegration. The method used is empirical legal with primary data collection through in-depth interviews with female PMI victims of violence and accompanying institutions, as well as secondary data in the form of literature reviews, laws and regulations, and scientific publications. The analysis was conducted using descriptive qualitative methods, integrating human rights theory, Feminist Legal Theory, and international migration policy. The results of the study show that the vulnerability of female migrant workers is caused by economic factors, education, patriarchal culture, non-transparent recruitment processes, the characteristics of work in the informal sector, power imbalances with employers, and weak legal protection in the destination country. The forms of violence experienced include beatings, sexual harassment, threats, social isolation, wage withholding, and structural exploitation practices. Protection efforts implemented include preventive approaches through training, legal education, legal document guarantees, and assistance from law enforcement agencies, as well as repressive approaches through action against perpetrators of violence and bilateral cooperation with destination countries. This study emphasizes the importance of comprehensive and sustainable protection for female Indonesian migrant workers, covering all stages of labor migration as well as strengthening digital-based monitoring systems, officer capacity, and cross-sector collaboration to ensure the safety, dignity, and fulfillment of the human rights of female Indonesian migrant workers.  
Co-Authors Apriliani, Berliana Mawar Kirana Utami, Tanti Nadiawati, Khansa Nursani, Adila Saptaning Ruju Paminto Sofyan, Keysa Kailani Suherman, Anisa Salsabila