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All Journal Al-Adalah: Jurnal Hukum dan Politik Islam Ipso Jure
Sjuhudi, Ichsan
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Law, Crime, Criminology & Criminal Justice

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Legal Review of the Implementation of Human Rights in Handling Cases of Violence Against Women Nuroini, Indi; Putra, Rengga Kusuma; Sjuhudi, Ichsan; Miano, Muhammad Ryan Ramadhani; Dwiprigitaningtias, Indah
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10, No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.8137

Abstract

Violence against women constitutes a violation of human rights and reflects entrenched structural gender inequality. In Indonesia, despite the existence of Law No. 23/2004 on the Elimination of Domestic Violence and the ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), significant challenges persist in the implementation of legal protections. This study aims to evaluate the effectiveness of existing legal frameworks in addressing violence against women and to identify necessary regulatory reforms. Utilizing a normative juridical method with statutory and conceptual approaches, the study analyzes the alignment of national laws with international human rights standards. It also assesses policy implementation by examining court rulings, institutional reports, and empirical data on victim protection outcomes. The findings reveal pervasive gender bias in both regulatory provisions and law enforcement practices, which undermines victims’ access to justice. Key obstacles include the absence of a gender-sensitive legal perspective, inadequate protection mechanisms, and the limited capacity of law enforcement personnel. The study concludes that comprehensive legal reform, capacity building, and integrating a human rights-based approach are essential to establishing a more inclusive and effective legal protection system for women in Indonesia.
The Implementation of Restorative Justice for Misdemeanor Crimes after Perpol No. 8 of 2021 Sjuhudi, Ichsan; Musahib, Abd Razak
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/3hw99x77

Abstract

This study analyzes the application of restorative justice to minor crimes in the Indonesian criminal justice system, especially after the issuance of Police Regulation No. 8 of 2021. The shift from a retributive approach to a restorative approach is a response to the failure of the conventional criminal system in achieving substantive justice and overcrowding in correctional institutions. The research method used is normative juridical with a statutory and conceptual approach. The results of the study show that restorative justice has strong theoretical legitimacy through the concept  of reintegrative shaming and normative support from Law No. 11 of 2012 and Perpol No. 8 of 2021. However, its implementation faces juridical and institutional challenges, especially related to the hierarchy of norms, accountability, and the understanding of law enforcement officials and the public towards the concept of restorative justice. It also found potential irregularities if there is no strict supervision of the peace mechanism outside the formal process. Therefore, there is a need for harmonization of regulations, integrated training for officials, and the participation of civil society in the supervision of implementation. This study recommends the reform of the Criminal Code and the establishment of inter-institutional regulations to ensure that restorative justice becomes a valid, effective, and just approach in national criminal law enforcement.
Co-Authors Dwiprigitaningtias, Indah Miano, Muhammad Ryan Ramadhani Musahib, Abd Razak Nuroini, Indi Putra, Rengga Kusuma