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All Journal Masalah-Masalah Hukum Arena Hukum JURNAL MAHKAMAH Jurnal Fatwa Hukum Jurnal Jatiswara TEKSTUR : Jurnal Teknologi Infrastruktur AL-SULTHANIYAH
NIM. A1011141008, YULIANA
Fakultas Hukum Universitas Tanjungpura
Civil Engineering, Building, Construction & Architecture Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Transportation

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Journal : AL-SULTHANIYAH

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Konsep Ideal Perlindungan Hukum terhadap Perempuan dan Anak Disabilitas Korban Kekerasan Seksual Yuliana; Hertini, Mega Fitri; Ichsani, Immada; Mukti, Plasma Versiana
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4307

Abstract

Cases of sexual violence against women and children with disabilities in West Kalimantan fluctuate annually, with a higher level of vulnerability compared to non-disabled groups. This situation emphasizes the need for more specific and equitable legal protection for disabled groups. This study aims to analyze the forms of legal protection for women and children with disabilities who are victims of sexual violence in West Kalimantan and to propose an ideal concept of legal protection that is inclusive and victim-centered. The method used is a normative-empirical approach through literature review and field research through interviews with several relevant parties. The results of the study indicate that although legal instruments are available, such as Law Number 8 of 2016 concerning Persons with Disabilities, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, and Government Regulation Number 39 of 2020, their implementation is still suboptimal. Obstacles faced include limited access to information, communication barriers, social stigma, a lack of understanding among law enforcement officers regarding the special needs of persons with disabilities, and the absence of internal regulations at the police level regarding mechanisms for handling victims of disabilities. The ideal concept of legal protection encompasses three aspects: first, the provision of inclusive and accessible sexual education for women and children with disabilities; second, strengthening the capacity of law enforcement officers from a disability perspective; and third, the establishment of internal regulations or Standard Operating Procedures for handling victims of disabilities at the police level to ensure that examination standards for persons with disabilities are tailored to their needs.
Sanksi Adat Dayak Mualang dan Jangkang di Kabupaten Sekadau dalam Kaitannya dengan Konsep Residive Dan Asas Ne Bis In Idem Mukti, Plasma Versiana; Herlina; Hertini, Mega Fitri; Yuliana
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4313

Abstract

This research examines the sanctions imposed in the customary law system of the Dayak Mualang and Jangkang communities in Sekadau Regency, focusing on their relation to the concepts of recidivism and the principle of Ne Bis in Idem. The background arises from recurring criminal acts such as theft, domestic violence, and violations of public order, which highlight the limitations of customary sanctions in deterring repeat offenses. The study aims to analyze, first, the recognition and application of recidivism within these communities and its impact on repeated offenses; and second, the factors underlying the imposition of double sanctions for a single act in the absence of Ne Bis in Idem. Using an empirical juridical method, data were collected through field research, interviews with customary leaders, and analysis of legal documents. The findings reveal that the customary law of Dayak Mualang and Jangkang does not recognize recidivism, resulting in repeated offenders receiving the same sanctions without aggravation. Moreover, in certain cases, offenders are subjected to double sanctions by different customary authorities, which is viewed socially as moral accountability rather than legal duplication. However, this practice contradicts modern criminal law principles and creates potential violations of human rights due to legal uncertainty. The research concludes that integrating the principles of recidivism and Ne Bis in Idem into customary law is essential to enhance justice, ensure proportional sanctions, and maintain social harmony in multicultural communities.
Co-Authors Gayatri, Nungky Dwi Ghani, Mohamad Zulkifli Abdul Herlina Husain, Natasya Auliya Ichsani, Immada Immada Ichsani Jasri Akadol, Nina Septiana Mega Fitri Hertini Mujiono Hafidh Prasetyo Mukti, Plasma Versiana Natalia, Kristiani Octaviyana, Rickhy Artha Parabi, Ashraf Dhowian Ratna Herawati Serera, Aulia Yuti Siti Aisyah Supriadi, Moh.