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All Journal Jurnal Kajian Hukum Dan Kebijakan Publik
Aulia Rexana Sitaresmi
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Pengaruh KDRT Terhadap Pertumbuhan Anak Aulia Rexana Sitaresmi; Asep Suherman
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/d68mp289

Abstract

Domestic violence (DV) is a serious issue with widespread impacts, especially on children who are victims or witnesses. The effects of DV on children encompass physical, psychological, and social aspects. Children exposed to DV often experience trauma, developmental disorders, and mental health issues such as anxiety and depression. Additionally, they are at high risk of experiencing violence in the future, either as victims or perpetrators. Legal efforts to protect children from DV in Indonesia are regulated by various laws, including Law No. 23 of 2004 on the Elimination of Domestic Violence and Law No. 35 of 2014 on Child Protection. These regulations provide a strong legal foundation for handling DV cases, including the arrest of perpetrators, provision of legal assistance, and protection of victims’ identities. The rehabilitation process for child victims of DV involves physical recovery through medical care and psychosocial support such as counseling and therapy to help children overcome trauma and rebuild a sense of safety. Support from social workers and legal assistance is also crucial to ensure children’s rights are fulfilled and they receive adequate protection. Collaboration between the government, non-governmental organizations, and the community is essential in addressing DV. Efforts to prevent and address DV must include raising public awareness, strengthening the legal framework, and providing effective support services.
Telaah Normatif Kedudukan Dan Kekuatan Pembuktian Tes Deoxyribonucleic Acid Sebagai Alat Bukti Sah Dalam Sistem Pembuktian Hukum Pidana Nasional Syadid Jiddan Alharun; Tiara Ramadhani; Aldi Prasetiawan Saputra; Aulia Rexana Sitaresmi; Ria Anggraeni Utami
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 1 (2025): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/c942fe67

Abstract

This research normatively analyzes the position and probative value of Deoxyribonucleic Acid (DNA) Testing within the Indonesian criminal procedure law system. The underlying legal issue is the controversy surrounding DNA testing to establish the validity of a biological child, particularly when linked to specific criminal acts such as adultery or defamation. The method employed is juridical-normative, using a statutory approach and a conceptual approach, focusing on a comprehensive review of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) and related criminal provisions. The analysis of Article 184 paragraph (1) of KUHAP indicates that DNA Testing is not explicitly recognized as an evidence, yet it can be categorized as part of Expert Testimony or Documentary Evidence (Visum et Repertum). The probative force of DNA Testing is absolute in determining biological relationships, but within the criminal context, it must comply with the principle of minimum two valid evidence and be supported by the judge's conviction as stipulated in Article 183 of KUHAP. This research concludes that regulatory harmonization is necessary to provide a more specific and stronger standing for DNA Testing, especially in cases involving the determination of identity or biological relationships.
Co-Authors Aldi Prasetiawan Saputra Asep Suherman Asep Suherman Ria Anggraeni Utami Syadid Jiddan Alharun Tiara Ramadhani