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Perlindungan Hukum Bagi Korban Kekerasan Seksual dalam Penerapan Diversi dengan Pendekatan Keadilan Restoratif dalam Sistem Peradilan Anak Batubara, Hirsan; Nurhayati, Nurhayati; Zuliah, Azmiati
SENTRI: Jurnal Riset Ilmiah Vol. 4 No. 10 (2025): SENTRI : Jurnal Riset Ilmiah, Oktober 2025
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v4i10.4807

Abstract

This study aims to analyze the legal protection of victims of sexual violence in the application of diversion based on restorative justice within Indonesia’s juvenile justice system. The research is grounded in the gap between the ideal concept of restorative justice, which upholds restorative values, and its practical implementation that often neglects the rights of victims, particularly children who experience sexual violence. This situation creates a dilemma between the principle of protecting juvenile offenders and ensuring substantive justice for victims. The study employs a normative juridical method with statutory, conceptual, and analytical approaches through a literature review of primary, secondary, and tertiary legal materials. The findings reveal that the implementation of restorative justice in cases of child sexual violence faces several obstacles, including the ambiguity of diversion limits, the absence of specific standard operating procedures, and the lack of involvement of psychologists and social workers representing victims’ interests. Theoretically, this study contributes to strengthening the victim-oriented perspective within Indonesia’s restorative justice framework, which has been predominantly offender-centered. Practically, it recommends the formulation of more assertive and comprehensive legal policies to ensure a balance between the rehabilitation of offenders and the restoration of victims’ rights, including the establishment of specific SOPs and monitoring mechanisms for diversion implementation. Thus, this research addresses the existing gap in the practice of restorative justice by asserting that true justice can only be achieved when the juvenile justice system equally prioritizes the protection and recovery of victims.
Legality Camat And Lurah In Publishing Land Administration In Medan City Batubara, Hirsan; Luis, Rafnila; Vincen, Vincen; Sitompul, Ariman
Legalpreneur Journal Volume 2, No. 2 April 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v2i2.4292

Abstract

In carrying out land registration, Head of Land Office assisted by PPAT and other officials assigned to carry out certain activities according to Government regulations and legislation (Government Regulation No. 24 Year 1997 article 6 paragraph 2). What other officials mean in implementing land registration according to Government Regulation Number: 24 of 1997 article 6 paragraph 2 is the official Government that controls the state of the area concerned (village heads, Village Heads and Camat). One of the policies taken by the government to serve and meet community needs in making PPAT deed in areas where there is not enough PPAT or to serve certain groups of people in making certain PPAT deed then the minister appoints regional officials as temporary PPAT or special PPAT. Lurah dan Camat appointed to serve the creation of the deed in areas that have not enough PPAT as a temporary patch. In accordance with Government Regulation Number: 24 of 2016 on Regulation PPAT, Lurah and Camat as government officials at the level bottom has an important role in supporting the achievement of legal certainty land rights in land registration activities. The role of the headman and Sub-Head is considered very influential to increase ownership of land rights at the district level. The purpose of this study is to identify the legality of the role of Lurah and Camat as a temporary land deed officer at the district level. This research using empirical and normative methods. Data collection techniques that the authors use is the author's experience and literature research. Data analysis techniques used is data collection, data presentation and conclusion.