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All Journal Journal of Law, Society, and Islamic Civilization Indonesian Journal of Criminal Law Studies
Delasari Krisda Putri
Utrecht University
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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A Human Rights Discourse on Death Penalty for Corruptors during the Outbreaks: Reflection on the Covid 19 Pandemic Iqbal Kamalludin; Adissya Mega Christia; Achmad Jauhari Umar; Bunga Desyana Pratami; Rizqiyani Syifa Widiastuti; Delasari Krisda Putri
Indonesian Journal of Criminal Law Studies Vol. 8 No. 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.36744

Abstract

The Covid-19 pandemic profoundly impacted Indonesia's stability, yet amidst these challenges, a senior official within the Ministry of Social Affairs engaged in corrupt practices related to social grants, an offense stipulated under Article 2 paragraph (2) of Law No. 20 of 2001, amending Law No. 31 of 1999 on Corruption, which mandates the death penalty. This research examines the tension between imposing the death penalty on corruption offenders during emergencies and the human rights perspective, particularly in Indonesia. Employing a qualitative normative juridical method rooted in criminal law and human rights standards, the study reveals that despite the provision allowing for the death penalty for corruption during Covid-19, Indonesia adopts a moderately particularistic human rights stance that regards human rights as universal principles while addressing national concerns. The study highlights Indonesia's nuanced approach to human rights in the context of criminal justice, particularly concerning the application of the death penalty to corruption offenders during crises. It underscores the country's effort to uphold human rights as universal while recognizing national circumstances. This research contributes to ongoing scholarly debates on the intersection of emergency measures, criminal justice, and human rights, offering insights into how states navigate legal provisions in times of crisis to maintain stability without compromising fundamental rights. The findings provide a critical perspective for policymakers, legal practitioners, and human rights advocates grappling with issues of justice and rights protection amid global emergencies.
Is The Fate and Protection of Women as Domestic Workers are Responsibility of The State? Satryo Sasono; Gayatri Dyah Suprobowati; Fatih Afrisal Bagus Septiano; Delasari Krisda Putri
Journal of Law, Society, and Islamic Civilization Vol 13, No 2: Oktober 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i2.108522

Abstract

The issue of the protection of women and children in Indonesia is a strategic discussion considering the rampant cases of gender-based violence, domestic work as a profession that is mostly done by women and even children, and at the legal level, they must be protected by the state as mandated by the constitution to protect the entire community. The state is present as a mediator in this private sphere to protect children and women from the worst work, thus creating a socio-cultural society that cares about the slightest violence. What is needed is a legal construction that responds in terms of content, culture and structure. This paper uses a statutory approach, legal comparisons with several ASEAN countries and a conceptual approach. This research concludes that the legal vacuum for the protection of domestic workers gives the potential for wider gender violence even approaching TPPO (Trafficking in Persons), the Philippines is a good practice for the existence of the DW Bill and the establishment of a special monitoring unit for domestic workers facilitated by the state.
Co-Authors Achmad Jauhari Umar Adissya Mega Christia Bunga Desyana Pratami Fatih Afrisal Bagus Septiano Gayatri Dyah Suprobowati Iqbal Kamalludin Rizqiyani Syifa Widiastuti Satryo Sasono