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Contact Name
Uswatun Hasanah
Contact Email
uswatun.hasanah@trunojoyo.ac.id
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+6285331987888
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journal.rechtidee@trunojoyo.ac.id
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Faculty of Law, University of Trunojoyo Madura, Indonesia Jl. Raya Telang - Kamal, Bangkalan.
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INDONESIA
RechtIdee
ISSN : 19075790     EISSN : 2502762X     DOI : -
Core Subject : Social,
RechtIdee is published twice a year in June and December containing articles result of thought and researchs in law. This journal encompasses original research articles, review articles, and short communications, including: Private Law Penal Law State and Administrative Law International Law Islamic Law Customary Law Law and Human Rights Criminology Victimology Business Law Intellectual Property Rights Law Environmental Law Labor Law E-Commerce Law Banking and Financial Institution Law Competition Law Bancruptcy Law Syariah Economic Law Procedural Law Any article related of law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 212 Documents
Legal Protection for Women with Disabilities as Victims of Sexual Violence: Comparative Lessons from Indonesia and Russia Hartanto Hartanto; Said Munawar; Tri Purnomo Sidhi; Ildar R. Begishev
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.29936

Abstract

Study Objectives: This study examines whether the legal frameworks of Indonesia and Russia provide effective, disability-responsive protection for women with disabilities who experience sexual violence.Method/Approach: The research uses normative and comparative legal methods. It analyses international human rights instruments, Indonesian and Russian legislation, criminal procedure rules, and recent international scholarship through intersectionality, the human rights model of disability, and victim-oriented justice.Novelty: The article moves beyond a descriptive inventory of rights. It develops a functional comparison of how two legal systems translate equality, reasonable accommodation, and victim participation into investigation, evidence, adjudication, and recovery. It also assesses Indonesia’s post-2025 criminal law reforms and Russia’s compensatory approach to participants with disabilities.Findings: Both systems recognize equality and disability rights, but neither formal recognition nor general accessibility rules automatically remove procedural exclusion. Indonesia now has a stronger survivor-centred framework under the Sexual Violence Crime Law, its implementing regulation, and the new Criminal Procedure Code. Russia contributes a useful doctrinal emphasis on individualized compensatory measures, yet its framework also demonstrates the limits of relying on social-protection law without a comprehensive disability-specific procedural status. Effective protection requires early individual assessment, accessible reporting, qualified communication support, non-stereotypical credibility assessment, continuous legal and psychosocial assistance, and enforceable institutional accountability.Conclusion: Legal protection becomes effective only when reasonable and procedural accommodation operates as an enforceable right at every stage of the criminal process, rather than as administrative discretion.
Constitutional Rights Protection of Voters as Vulnerable Groups in Local Election Disputes: A Comparative Perspective on Indonesia, Brazil, and South Korea Biku Bajenggo; Adene Pertamo; Carlos Eduardo Diaz Souza
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.34324

Abstract

Study Objective: To examine the limits of the District Court's jurisdiction in adjudicating election crimes by referring to the Constitutional Court Decision No. 313/PHPU.BUP-XXIII/2025 and Muara Teweh District Court Decision No. 39/Pid.Sus/2025/PN.Mtw arising from the local election dispute in North Barito Regency.Method/Approach: This study is normative, employing a comparative analysis of Indonesia, Brazil, and South Korea and applying statute, conceptual, and case-based approaches.Novelty: This study is novel in that it places the restoration of voters’ constitutional rights at the core objective of Indonesia’s electoral justice system.Findings: The District Court's absolute jurisdiction is strictly limited to determining the criminal responsibility of individual perpetrators and does not extend to administrative sanctions, such as disqualifying candidate pairs. Second, the Constitutional Court has exclusive authority to adjudicate disputes over election results and may consider decisions of criminal courts as corroborating evidence when protecting voters' constitutional rights. Third, effective protection of voters as a vulnerable group, particularly those whose rights are directly affected by money politics, vote manipulation, and limited legal standing in disputes over election results, demands a clear division of institutional jurisdiction to prevent normative voids that could undermine democratic legitimacy.Conclusion: This article argues that strengthening the electoral justice system requires explicit legislative synchronization between the two jurisdictional regimes to ensure a meaningful restoration of voters' constitutional rights.