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All Journal Jurnal Kawistara : Jurnal Ilmiah Sosial dan Humaniora Pembaharuan Hukum Jurnal Kawistara
Budiani Trisakti, Sonjoruri
Unknown Affiliation
Humanities Decision Sciences, Operations Research & Management Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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A Critique of Legal Formalism in Handling Cyber Sexual Harassment: Efforts to Realize Substantive Justice Through a Gender Lens and Critical Education April Juwan, Dian Paula; Murtiningsih, Rr. Siti; Budiani Trisakti, Sonjoruri
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.48719

Abstract

Cybersexual harassment is a form of gender-based violence that is increasingly prevalent in the digital era, yet remains inadequately addressed in the Indonesian legal system. The dominant legal approach remains oriented toward formalism, with an emphasis on technical procedures and material evidence, often ignoring the suffering and vulnerability of victims, particularly women. As a result, victims not only struggle to access justice but also face additional trauma due to re-victimization during the legal process. This research uses a qualitative approach with normative-sociological methods to examine the limitations of legal formalism and the potential of a substantive justice approach in handling cybersexual harassment cases. Through an analysis of applicable regulations, literature reviews, and court decisions, this research integrates Paulo Freire's gender perspective and critical education as an interpretive framework. The results demonstrate that textually neutral laws are not necessarily just in practice, as they tend to ignore the social context and gender-based power inequalities. This research concludes that substantive justice can only be achieved through a reformulation of the legal paradigm that is responsive to victims' experiences and structural awareness. Critical education plays a strategic role in dismantling patriarchal bias in law and building gender-based legal literacy in society.
Between Educational Freedom and Technocratic Trap: The Philosophical Implications of the Merdeka Belajar Policy in Indonesia Yuliantoro, Moch Najib; Murtiningsih, Siti; Budiani Trisakti, Sonjoruri
Jurnal Kawistara Vol 16, No 1 (2026)
Publisher : Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/kawistara.117800

Abstract

This article examines the Merdeka Belajar policy as a value-laden practice within Indonesia’s education reform, emphasizing its philosophical and cultural implications for primary and secondary education. Rather than treating the policy as a technical innovation, this study explores the underlying values, assumptions, and normative tensions that shape its orientation. The study employs a qualitative approach through conceptual and philosophical analysis based on policy documents, educational philosophy, and contemporary social theory. The analysis focuses on how the policy frames educational freedom, pedagogical autonomy, and the relationship between education and culture. The findings indicate that Merdeka Belajar holds emancipatory potential in promoting pedagogical autonomy, contextual learning, and student-centered education. However, it also reveals tensions between educational freedom and technocratic tendencies, which may reduce education to an instrumental function. This study highlights that Merdeka Belajar should be understood as a cultural project that integrates pedagogical flexibility with ethical and cultural orientation, contributing to social cohesion and community well-being.
Between Educational Freedom and Technocratic Trap: The Philosophical Implications of the Merdeka Belajar Policy in Indonesia Yuliantoro, Moch Najib; Murtiningsih, Siti; Budiani Trisakti, Sonjoruri
Jurnal Kawistara Vol 16, No 1 (2026)
Publisher : Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/kawistara.117800

Abstract

This article examines the Merdeka Belajar policy as a value-laden practice within Indonesia’s education reform, emphasizing its philosophical and cultural implications for primary and secondary education. Rather than treating the policy as a technical innovation, this study explores the underlying values, assumptions, and normative tensions that shape its orientation. The study employs a qualitative approach through conceptual and philosophical analysis based on policy documents, educational philosophy, and contemporary social theory. The analysis focuses on how the policy frames educational freedom, pedagogical autonomy, and the relationship between education and culture. The findings indicate that Merdeka Belajar holds emancipatory potential in promoting pedagogical autonomy, contextual learning, and student-centered education. However, it also reveals tensions between educational freedom and technocratic tendencies, which may reduce education to an instrumental function. This study highlights that Merdeka Belajar should be understood as a cultural project that integrates pedagogical flexibility with ethical and cultural orientation, contributing to social cohesion and community well-being.
Co-Authors April Juwan, Dian Paula Siti Murtiningsih Siti Murtiningsih Yuliantoro, Moch Najib