Labaka, Albri
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Beyond Sanctions: Progressive Legal Strategies for Victim Empowerment and Violence Prevention Labaka, Albri; Hi Abas, Gunawan
Media of Law and Sharia Vol. 6 No. 4: September 2025
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i4.381

Abstract

Domestic violence (DV), particularly when experienced by wives as victims of physical, psychological, sexual, and economic abuse, remains a deeply concerning legal and social phenomenon in Indonesian society. This study examines the normative dimensions of DV against women through the lens of progressive legal theory and the framework of positive law. The findings reveal that uncontrolled jealousy, economic pressure, and alcohol consumption are among the primary triggers of domestic violence. Such violence manifests in physical, sexual, psychological, and financial forms, all of which have a profound impact on victims' overall well-being. (UU PKDRT) provides a clear legal foundation for victim protection, including through protective orders. However, from a progressive legal perspective, the response to domestic violence must go beyond a rigid and normative application of the law by embracing a more humane, empathetic, and victim-oriented approach. Law enforcement officials, including judicial bodies, are expected to consider the psychological and mental condition of victims in handling such cases. Furthermore, effective recovery requires multi-sectoral involvement, including legal advocates, healthcare professionals, social workers, and volunteer companions, to ensure that victims receive holistic protection encompassing legal, emotional, and social support
Safeguarding Educators: The Role of Restorative Justice in Teacher Professional Protection Labaka, Albri; Raharjo, Trisno
Strata Law Review Vol. 3 No. 2 (2025): September
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i2.361

Abstract

This study uses a normative juridical approach that focuses on Law Number 14 of 2005 concerning Teachers and Lecturers to look at legal protection for teachers from potential criminalization. The results show a disharmony in regulations, especially between Law No. 23 of 2002 concerning Child Protection and Law No. 14 of 2005 concerning Teachers and Lecturers. This often creates legal uncertainty and allows for criminalizing pedagogical actions that should be protected. Because the restorative justice approach considers the purpose of the action, the social impact, and the relationship between the perpetrator, the victim, and the educational environment, it is considered more appropriate and equitable in these situations. According to the analysis, some of the policy recommendations are as follows: changes in regulations governing the roles and responsibilities of teachers; the application of the principle of restorative justice in the legal education curriculum; the establishment of educational mediation institutions at the local level; implementation of legal campaigns based on empathy and education; legal preventive protection for educators; and regular evaluation of its implementation.