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Customary Law Perspective: Legal Protection of Children as Crime Victims (Study in Parigi Moutong Regency) Mardin, Nurhayati; Qalbi, Vivi Nur; Abu, Harun Nyak Itam; Kharismawan, Adiguna
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.101

This study aims to analyze the implementation of legal protection for child victims of violence and the juridical implications of resolving such cases through customary law mechanisms in Parigi Moutong Regency. Employing an empirical juridical method, the research incorporates a conceptual approach, a case approach, and a statute approach. Data were obtained through surveys, observations, and interviews with relevant stakeholders, and analyzed qualitatively. The findings reveal that legal protection for child victims has been implemented by relevant authorities, including law enforcement and child protection agencies. These efforts involve both formal legal proceedings and non-judicial support such as victim assistance and rehabilitation provided by the Department of Women’s Empowerment, Child Protection, Population Control, and Family Planning. However, the research also highlights the ongoing practice of resolving cases particularly those involving sexual violence through customary law. Such resolutions often contradict national legal standards and principles of children's human rights. The preference for customary mechanisms among local communities and traditional leaders reflects sociocultural norms and the perceived accessibility of informal justice systems. The study underscores the need for policy harmonization between state law and customary practices to ensure the protection and fulfillment of children's rights.

PERSPEKTIF CRITICAL LEGAL STUDIE: FENOMENA VICTIM BLAMING TERHADAP PEREMPUAN KORBAN KEKERASAN SEKSUAL Nurhayati Mardin
Sawerigading Law Journal Vol. 5 No. 1 (2026): Maret 2026 - September 2026
Publisher : Fakultas Hukum, Universitas Sawerigading Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62084/slj.v5i1.456

This article discusses the existence of victims who should be the main subject of protection, but are often positioned as parties who are also at fault through stigma, moral stereotypes, and biased law enforcement practices where the law is not neutral, but is shaped by the tug-of-war between political and ideological interests that often reproduce social hierarchies and masculine biases in doctrine, standards of proof, and judicial practices. This normative legal research examines the national and international legal frameworks related to victim protection, including the TPKS Law, human rights instruments, and victimology doctrine, to show that victim protection is still abstract and not yet fully oriented towards the recovery and respect for the dignity of victims. Using a CLS approach and feminist critique, this article reveals that claims of legal neutrality often conceal masculine bias, including in standards of proof, testing the credibility of victims, and normalizing accusatory questioning in the courtroom. The results of the study show that the elimination of victim blaming is a prerequisite for procedural, substantive, and transformative justice, and requires an explicit legal reconstruction based on the perspective of victims and gender equality, including through the progressive implementation of PERMA No. 3 of 2017 and Law No. 12 of 2022 concerning TPKS. This article recommends a gender-responsive and trauma-informed approach, synchronization of technical guidelines between institutions, and strengthening of a legal paradigm that places victims at the center of justice, not merely as objects of the penal process

The Permits as an Integration Mechanism: Legal Protection Efforts for Land Rights Holders Relating to Mining Permits Surahman, Surahman; Mardin, Nurhayati; Syachdin, Syachdin; Anandy, Widyatmi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4464

This research aims to analyze the position of permits as well as formulate the position of permits as an integration mechanism related to preventive means to minimize disputes and disputes between mining permit holders. This research is normative legal research with a statutory and conceptual approach. The research results confirm that the position of permits as a preventive legal protection effort in society has an orientation to prevent and minimize disputes or disputes between land rights and mining permits. Permits as an integration mechanism for land rights holders relating to mining permits can be carried out by carrying out reformulation in which mining permits are granted by first fulfilling the conditions for resolving various problems between mining permit holders and land right holders. Resolving various problems between mining permit holders and land rights holders is carried out using a comprehensive and holistic approach that not only prioritizes legal approaches, but accommodates political, economic and cultural approaches.

Customary Law Perspective: Legal Protection of Children as Crime Victims (Study in Parigi Moutong Regency) Mardin, Nurhayati; Qalbi, Vivi Nur; Abu, Harun Nyak Itam; Kharismawan, Adiguna
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.101

This study aims to analyze the implementation of legal protection for child victims of violence and the juridical implications of resolving such cases through customary law mechanisms in Parigi Moutong Regency. Employing an empirical juridical method, the research incorporates a conceptual approach, a case approach, and a statute approach. Data were obtained through surveys, observations, and interviews with relevant stakeholders, and analyzed qualitatively. The findings reveal that legal protection for child victims has been implemented by relevant authorities, including law enforcement and child protection agencies. These efforts involve both formal legal proceedings and non-judicial support such as victim assistance and rehabilitation provided by the Department of Women’s Empowerment, Child Protection, Population Control, and Family Planning. However, the research also highlights the ongoing practice of resolving cases particularly those involving sexual violence through customary law. Such resolutions often contradict national legal standards and principles of children's human rights. The preference for customary mechanisms among local communities and traditional leaders reflects sociocultural norms and the perceived accessibility of informal justice systems. The study underscores the need for policy harmonization between state law and customary practices to ensure the protection and fulfillment of children's rights.

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