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Wahab Aznul Hidaya
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INDONESIA
Journal of Law Justice
Published by Universitas Muhammadiyah Sorong
ISSN : -     EISSN : 3025972X     DOI : DOI: https://doi.org/10.33506/jlj
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Social Sciences Other
Journal of Law Justice (JLJ) is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law. All papers are peer-reviewed by at least two referees
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 65 Documents
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Legal Aspects Regarding Perpetrators of Sexual Deviance Involving Bondage, Dominance, Sadism, and Masochism in the City of Sorong Saro Fitriani A. Rohma; Wahab Aznul Hidaya; Rajab Lestaluhu
Journal of Law Justice (JLJ) Vol. 4 No. 2 (2026): Journal of Law Justice
Publisher : Faculty of Law, Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v4i2.5010

Abstract

This study aims to determine the legal aspects of perpetrators of BDSM violence, forms of protection for victims of BDSM violence, and the application of sanctions. The research method used is normative legal research supported by primary, secondary, and tertiary data. The novelty of this research shows that sadomasochism is categorized as a form of abuse in the context of sexual relations, because it is done intentionally to obtain sexual satisfaction by hurting one's partner. The results of this study show that the legal aspects of perpetrators of sexual deviance in the form of BDSM are, in fact, not specifically regulated, and there are no laws or regulations that permit such sexual deviance. Furthermore, legal protection for victims of BDSM violence must be provided, bearing in mind that everyone has the right to protection from violence and the right to be free from torture or treatment that degrades human dignity, as guaranteed in the 1945 Constitution of the Republic of Indonesia. The conclusion of this study shows that BDSM practices that contain elements of violence and cause physical and psychological suffering can be classified as abuse and/or sexual violence under Indonesian positive law. Sadomasochism, as a form of sexual deviance, is closely related to the increase in cases of sexual violence that are actually occurring in society. The provisions of Article 351 of the Criminal Code and the Child Protection Law and related regulations provide a strong legal basis for prosecuting perpetrators, regardless of whether they are married to the victim. The Sorong District Court Decision Number 118/Pen.Pid/2022/PN Son emphasizes that the practice of sexual deviance accompanied by coercion and violence, especially against children, is a serious criminal offense that must be processed and decided based on applicable law for the protection of victims and the enforcement of justice.
Comparative Legal Study on the Death Penalty for Corruption Crimes in China and Indonesia Retno Nurkumala; Kristi Warista Simanjuntak; A. Sakti R.S. Rakia
Journal of Law Justice (JLJ) Vol. 4 No. 2 (2026): Journal of Law Justice
Publisher : Faculty of Law, Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v4i2.5351

Abstract

This study aims to explore research focused on a comparison between the legal systems of China and Indonesia and to assess the effectiveness of the death penalty as a deterrent against corruption, with the goal of improving the legal system in Indonesia. The method used in this study is quantitative analysis.  The novelty of this research lies in the reformulation of indicators for the application of the death penalty, which are no longer general in nature but must be based on a classification of the severity of corruption, integrated through a comprehensive analysis of actus reus and mens rea. This is reinforced by Article 28J of the 1945 Constitution, which states that an individual’s human rights may be limited by the obligation to respect the rights of others in order to maintain public order. Although Indonesia has taken an abstentionary stance in international forums such as Amnesty International, domestic law still permits the imposition of the death penalty. The results of the study indicate that Article 2, paragraph (2) of the Anti-Corruption Law does not provide legal certainty regarding the application of the death penalty for perpetrators of corruption. Based on data from ICJR and Amnesty International for 2024, it is evident that no corruption offenders have been sentenced to death in Indonesia; conversely, the death penalty is more frequently imposed in drug-related and murder cases. This lack of law enforcement has allowed a culture of corruption to flourish, necessitating a more progressive theoretical approach so that the law can become more flexible and responsive in achieving substantive justice. The conclusion is that, as an alternative to addressing human rights issues, the National Criminal Code (Law No. 1/2023) offers a compromise by establishing the death penalty as a sanction subject to a 10-year probationary period and a clemency procedure. This approach is considered a fair means of upholding the principle of “fiat justitia ruat coelum” (let justice be done though the heavens fall) while still taking humanitarian values into account.
Legal Rights and Protections for Victims of Sexual Violence: A Study of the Role of the Sorong City DP3A Chintia Manurung; Sokhib Naim; Bayu Purnama
Journal of Law Justice (JLJ) Vol. 4 No. 2 (2026): Journal of Law Justice
Publisher : Faculty of Law, Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v4i2.5307

Abstract

This study aims to analyze the authority of the Sorong City Office for Women’s Empowerment and Child Protection (DP3A) in providing protection to victims of sexual violence. Previous studies have generally addressed the protection of victims of sexual violence in general terms but have not specifically examined the implementation of the DP3A’s authority regarding prevention, response, and rehabilitation of victims at the local level. The method used is empirical research, employing data collection techniques such as interviews, observations, and a review of documentation regarding the implementation of the duties and functions of the Sorong City DP3A. The novelty of this study lies in its focus on analyzing the implementation of the Sorong City DP3A’s authority in the prevention, handling, and rehabilitation of victims of sexual violence, while also identifying the obstacles faced in its implementation at the local level. The results of the study indicate that the Sorong City DP3A has exercised its authority through legal assistance, psychological counseling services, social protection, and prevention programs in the form of public awareness campaigns and advocacy efforts. However, the exercise of these authorities still faces challenges in the form of budget constraints and the lack of safe house facilities in the region. The conclusion of this study indicates that the DP3A plays a crucial role in protecting victims of sexual violence; however, strengthening budgetary support, providing supporting facilities, and enhancing interagency coordination are necessary to ensure that victim protection efforts can be carried out more effectively.
Implementation of Law No. 12 of 1995 on Correctional Services in the Rehabilitation of Children Gudur Yikwa; Kariadi Kariadi
Journal of Law Justice (JLJ) Vol. 4 No. 2 (2026): Journal of Law Justice
Publisher : Faculty of Law, Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v4i2.5077

Abstract

This study aims to analyze the child rehabilitation model implemented at the Class IIB Special Juvenile Rehabilitation Center (LPKA) and to assess the effectiveness of its implementation in shaping the personality and independence of juvenile inmates. The method used was empirical legal research, conducted at a Class IIB correctional facility with a population consisting of all juvenile inmates and a sample of three juvenile inmates. Data collection techniques included observation, interviews with juvenile inmates and correctional officers, and documentation. The data obtained were analyzed qualitatively by interpreting them into detailed and systematic descriptions, which were then discussed to draw inductive conclusions addressing the research questions. The novelty of this study lies in its direct examination of child rehabilitation practices based on empirical experience within correctional institutions. The results of the study indicate that the juvenile rehabilitation model at the Special Juvenile Correctional Institution is divided into two forms: character development and independence training. Character development includes group Dhuhr prayer, Islamic religious activities, catch-up education programs, morning exercises, and counseling sessions conducted by correctional facility mentors. The conclusion of this study confirms that the rehabilitation of children at the Special Juvenile Correctional Facility is generally structured through two main models, namely character development and independence training, which play a crucial role in the rehabilitation process and the shaping of juvenile inmates’ behavior.
Chemical Castration as a Punishment for Child Rapists from a Human Rights Perspective: An Analysis of Judgment No. 859/Pid.Sus/2023/PN.Bjm Gratsya Defretes; Akhmad Faqih Mursid
Journal of Law Justice (JLJ) Vol. 4 No. 2 (2026): Journal of Law Justice
Publisher : Faculty of Law, Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v4i2.5438

Abstract

This study aims to analyze the application of chemical castration as a punishment for child rapists from a human rights perspective, focusing on Court Decision No. 859/Pid.Sus/2023/PN.Bjm as the subject of the study, as well as its compliance with the principle of humanity. The method used in this study is a descriptive-analytical normative legal method employing both a statutory approach and a case-based approach, involving a qualitative analysis of primary, secondary, and tertiary legal sources. The novelty of this study lies in its specific examination of the judge’s reasoning in imposing chemical castration on the perpetrator in Judgment No. 859/Pid.Sus/2023/PN.Bjm, as well as the relationship between regulations and judicial practice, which has not been extensively studied. The results of the study indicate that the imposition of chemical castration as an additional penalty for the perpetrator of child rape in the aforementioned judgment is normatively intended to protect the victim, in this case the child, and to prevent the recurrence of similar criminal acts. However, this has become controversial from a human rights perspective because it pertains to the perpetrator’s right to bodily integrity, as stipulated in Law No. 39 of 1999 and Articles 28G through 28J of the 1945 Constitution of the Republic of Indonesia. Furthermore, in this ruling, the imposition of chemical castration on the perpetrator was also based on the judge’s subjective considerations without regard to the cumulative requirements for restricting rights under Law No. 17 of 2016, Article 81, paragraph (7), resulting in inconsistencies that potentially violate the principle of proportionality between statutory regulations and judicial practice. The conclusion of this study is that chemical castration sentences not based on clear legal provisions and human rights standards have the potential to create inconsistencies in the application of the law and violate the principle of proportionality regarding the offender’s right to bodily integrity.

Page 7 of 7 | Total Record : 65

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