Liantha Adam Nasution
Sekolah Tinggi Agama Islam Negeri Mandailing Natal, Indonesia

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The Persistence of Victim Blaming in Child Rape Trials: A Victimological Analysis of the Banjarmasin High Court Acquittal Liantha Adam Nasution; Zul Fahmi; Sumardi Efendi; Ahmad Rozali; Maulana Muklis; Muhammad Asim Rafiq
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18662151

Abstract

This study examines the extent to which victim blaming shapes judicial reasoning in child rape trials, focusing on the acquittal in Decision No. 42/PID/2017/PT Bjm and addressing a gap in systematic appellate-level analyses of PERMA No. 3 Tahun 2017 implementation. It employs doctrinal legal analysis combined with qualitative content analysis of two primary decisions—Decision No. 20/Pid.B/2017/PN Mrh and the aforementioned appellate ruling—and evaluates them against relevant normative frameworks, including the Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), and Undang-Undang Tindak Pidana Kekerasan Seksual. The findings indicate that the appellate panel systematically shifted the evidentiary burden onto the child victim by privileging her conduct while discounting non-physical forms of coercion and psychiatric evidence of trauma. This pattern operationalises notions of victim precipitation and conflicts with procedural and protective norms, thereby producing secondary victimisation through courtroom rhetoric that denigrates victims. Conceptually, the article advances an integrated analytical framework that combines the ideal-victim construct, victim blaming, and secondary victimisation to interpret appellate reasoning, thereby refining the role of victimology as a trauma-informed evaluative lens for judicial texts. Juridically, the findings reveal a structural tension between appellate practice and KUHAP’s recognition of psychological harm as valid evidence, as well as PERMA No. 3 of 2017’s prohibition of victim-blaming conduct, with broader implications for child protection, judicial integrity, and public confidence in the justice system. The study therefore recommends targeted reforms: explicit statutory recognition of non-physical coercion and psychiatric evidence; enforceable ethical sanctions and monitoring mechanisms to ensure PERMA compliance; trauma-informed judicial training; and harmonised institutional measures that internalise child-protection principles, including the integration of Islamic law–informed recommendations within a broader institutional harmonisation framework to ensure alignment with national pro-victim legal reform.
Clemency, Asset Restitution, and Islamic Law: Rethinking Justice for Corruption Offences in Indonesia Liantha Adam Nasution; Fatimah Islamy Nasution; Siti Aminah; Zulfahmi Zulfahmi
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.12838

Abstract

The practice of granting clemency to corruption offenders who return misappropriated assets remains insufficiently examined within the framework of Islamic law, giving rise to an unresolved tension between humanitarian considerations and substantive justice. While existing studies have largely addressed clemency and asset recovery from the perspective of positive law, scholarly attention to their normative implications in Islamic law remains limited, particularly with regard to ghulul (the misappropriation of public wealth), the obligation of restitution (rad al-mazalim), and preventive sanctions (tazir). This article critically examines whether granting clemency to corrupt offenders who return assets can be justified under Islamic law, while also assessing its compatibility with Indonesia’s positive legal system. This study employs a juridical-normative approach by analysing primary legal materials, including presidential regulations on clemency and statutory provisions on corruption eradication, alongside classical and contemporary Islamic legal sources. The findings indicate that although clemency in positive law may function as a humanitarian and rehabilitative instrument, its legitimacy must be contingent upon full asset restitution and a careful evaluation of its socio-economic impact. From an Islamic legal perspective, sincere repentance (taubat nasuha) accompanied by restitution constitutes an absolute moral and legal obligation; however, it does not negate the necessity of tazir sanctions as a deterrent mechanism to safeguard the public interest and prevent the recurrence of similar offences. This article underscores the need to reconceptualise justice in the adjudication of corruption cases through the integration of Islamic legal principles into clemency and asset restitution policies, with the aim of establishing a more comprehensive and substantively just framework for corruption eradication in Indonesia.