scholarly journals Legal Protection of Women as Victim of Domestic Violence

2020 ◽  
Vol 1 (2) ◽  
pp. 243-258
Author(s):  
Fence M Wantu ◽  
Mohamad Taufiq Zulfikar Sarson
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Women Victims ◽  
Violence Against Women ◽  
Legal Protection ◽  
Field Research ◽  
Criminal Investigation ◽  
Primary Data ◽  
Service Unit ◽  
Library Research

This study aims to determine the extent of legal protection by the Women and Children Service Unit (PPA) of the Gorontalo City Resort Police Criminal Investigation Unit against women as victims of domestic violence and to find out what factors are obstacles to the efforts of the PPA Unit of the Criminal Investigation Unit Gorontalo Resort Police in tackling violence against women victims of Domestic Violence. Data collected through interviews and library research. Analysis of the data used is the data obtained will be analysed descriptively qualitatively describing the data obtained from field research (primary data), tested the truth then linked and analysed qualitatively with data obtained from library research (secondary). The results showed a form of legal protection by the PPA Unit of the Gorontalo Police Resort Criminal Investigation Unit against women as victims of domestic violence, namely preventive efforts by holding legal counselling in collaboration with the local government and further optimizing the performance of the Gorontalo City Resort Police Especially the PPA unit, repressive efforts that are in accordance with the rules of the Domestic Violence Protection Act. What factors hinder the efforts of the PPA Unit of the Gorontalo District Police Resort Criminal Investigation Unit in tackling violence against women victims of Domestic Violence, among others: Legal factors themselves, Law Enforcement Officers Factors, Factors or Facilities That Support Law Enforcement, Factors Society and Culture

scholarly journals LEGAL PROTECTION AGAINST WOMEN VICTIMS BY THE INDONESIAN DOMESTIC VIOLENCE ACT 23, 2004

2017 ◽  
Vol 1 (1) ◽  
pp. 110
Author(s):  
Hanafi Arief
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Legal Protection ◽  
Crimes Against Humanity ◽  
Library Research ◽  
Presidential Decree ◽  
International Conventions ◽  
Strong Culture ◽  
United Nation

Domestic Violence, particularly against women is a social phenomenon which tends to increase from year to year and even from day to day. Many countries enacted special legislation to protect women from domestic violence based on the United Nation Declaration on the Elimination of Violence Against Women (CEDAW). Indonesia adopted the conventions based on the Indonesian Act No. 7 of 1984 on the Convention on the Elimination of All Forms of Discrimination against Women, and issued Presidential Decree No. 9 of 1998 concerning the Commission on Violence against Women. Indonesia then enacted special legislation on domestic violence in 2004, namely Domestic Violence Act 23, 2004. This paper aims to understand how the Domestic Violence Act 23, 2004 protects women victims of domestic violence. The sources of law study are the basic rules and regulations, international conventions which have binding force legally. This is a library research using normative judicial approach, and the analysis is descriptive qualitative. The legal protection of women victims of domestic violence is an obligation, especially for countries that uphold human rights, because of the domestic violence constitutes crimes against humanity that are outstanding. This crime happens at any time either known or not, so it is described as an iceberg phenomenon. In addition, because this matter is private, many people do not want to intervene the matter. The strong culture of not interfering ones’ affairs also influences the police in law enforcement. Police often gives less respect for the report of the victims, and even ask the victims to go back to her husband or family

scholarly journals PERLINDUNGAN HUKUM BAGI KONSUMEN STUDI KESADARAN HUKUM PEREDARAN DAGING SAPI DI BOYOLALI

2020 ◽  
Vol 21 (2) ◽  
pp. 156-174
Author(s):  
Wahyudi Setiyawan ◽  
Absori Absori ◽  
Kelik Wardiono
Keyword(s):  
Law Enforcement ◽  
Qualitative Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Behavioral Factors ◽  
The Public ◽  
Library Research ◽  
Legal Attitudes

The research aimed to describe the public legal awareness about meat distribution and legal protection for the beef consumers through law enforcement efforts at Boyolali District based on a qualitative non-doctrinal approach. Therefore, this focused more on primary data collected by interviews and observations and supported by secondary data collected by library research. The data then were processed for further qualitative analysis. Based on the results of the study it was found that legal protection related to the distribution of healthy and safe meat did not run well as this was influenced by the community legal, namely the knowledge and understanding of law, although it had been supported by good legal attitudes and behavioral factors.

Tinjauan Pelaksanaan Perjanjian Bagi Hasil Tanah Pertanian Dihubungkan dengan Undang-Undang Nomor 2 Tahun 1960 tentang Perjanjian Bagi Hasil

2021 ◽  
Vol 7 (1) ◽  
pp. 45
Author(s):  
Wilda Nurfitriani
Keyword(s):  
Agricultural Land ◽  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Profit Sharing ◽  
Primary Data ◽  
Land Sharing ◽  
Descriptive Research ◽  
Production Sharing ◽  
Library Research

In the Warnasari Village Sukabumi Sub-district Sukabumi District there are still many farmers who carry out agricultural land production sharing agreements (maparo bati) to fulfill their daily needs. Production sharing agreements between landowners and tenants are made orally. The problem that often occurs in production sharing agreements in Warnasari Village is that the cultivators do not report the actual results of the claim to the land owner. The research method used in writing this thesis is a normative juridical approach with analytical descriptive research specifications. The study was conducted with library research supported by field research. Secondary data collection techniques with library research and supported by primary data in the form of interviews which are then analyzed by qualitative juridical methods. Based on the results of the discussion, it can be concluded that the implementation of agricultural land-sharing agreements in the Warnasari Village, Sukabumi Sub-district, Sukabumi District has not yet fully applied the provisions of the Production Sharing Law. In the elucidation of Article 7 of the Production Sharing Law it is determined that the profit sharing balance is 1: 1 but the community uses a 60% balance for tenants and 40% for landowners. Legal protection of landowners in Warnasari Village as a result of verbally sharing agreements on agricultural land is carried out by applying the principles of good faith, reprimanding, and deliberation.Keywords: Profit Sharing Agreement, Agricultural Land, Law Number 2 of 1960.

scholarly journals Eksekusi Terhadap Putusan Hakim Yang Telah Berkekuatan Hukum Tetap Dalam Perkara Faraid di Mahkamah Syar’iyah Jantho

2018 ◽  
Vol 2 (3) ◽  
pp. 471-484
Author(s):  
Muhammad Syukri ◽  
Azhari Yahya ◽  
Iman Jauhari
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Field Research ◽  
Research Field ◽  
Primary Data ◽  
Civil Case ◽  
Legal Consideration ◽  
Library Research ◽  
Court Process ◽  
Legal Force

Pasal 54 ayat (2) Undang-Undang Nomor 48 Tahun 2009 tentang Kekuasaan Kehakiman menjelaskan bahwa: “Pelaksanaan putusan pengadilan dalam perkara perdata dilakukan oleh panitera dan juru sita dipimpin oleh Ketua Pengadilan.” Namun pada kenyataannya ada para pihak yang menolak melaksanakan kewajibannya sebagaimana termuat dalam putusan pengadilan meskipun putusan tersebut telah berkekuatan hukum tetap (in kracht van gewijsde). Penelitian ini bertujuan untuk menganalisis putusan hakim dalam perkara faraid di Mahkamah Syar’iyah Jantho sehingga tidak dapat dieksekusi, hambatan dalam melakukan eksekusi dan upaya yang dilakukan untuk mencegah hambatan pelaksanaan eksekusi tersebut. Metode Penelitian ini adalah yuridis empiris melalui pengambilan data lapangan dan kepustakaan. Penelitian lapangan dimaksudkan untuk memperoleh data primer. Penelitian kepustakaan sebagai data sekunder dilakukan dengan cara mempelajari buku-buku, peraturan perundang-undangan dan literatur yang ada relevansi dengan masalah yang diteliti. Hasil penelitian menunjukkan bahwa pertimbangan Hakim hanya mengikuti prosedur penegakan hukum formil dan materil sebagaimana diatur dalam peraturan perundang-undangan yang berlaku. Majelis Hakim kurang menggali hukum nilai-nilai hukum adat yang berlaku dalam masyarakat. Hambatan dalam melakukan eksekusi karena pihak tergugat memanfaatkan celah hukum mengajukan gugatan ke Pengadilan Negeri. Upaya yang dilakukan untuk mencegah hambatan tersebut dengan memberikan pemahaman hukum kepada masyarakat melalui meja informasi tentang proses hukum dalam perkara perdata.According Article 54 section (2) of Law Number 48 of 2009 of Judiciary Power (Law of Judiciary Power) states that: “The Implementation of court judgment in civil case is conducted by secretary of court and bailiff led by Head of the Court”. However, in fact, there are several parties refuse to perform the obligation according to the court judgment, even when it is conducted by the secretary of court and the bailiff and led by the Head of the Court. The practice of the court judgment faces several obstacles instead of being in permanent legal force status (in kracht van gewijsde). This research is conducted to analyze the legal consideration of in faraid case at Sharia Court of Jantho which makes it non-executable, the obstacles in performing execution towards the court judgment of permanent legal force at Sharia Court of Jantho, and the efforts implemented to prevent occurring obstacles in executing the court judgment at Sharia Court of Jantho. The research method used in this study is empirical yuridicial through data gained in field and library research. Field research is performed to collect primary data by doing interview to respondents and informants. The library research is conducted by studying books, laws and other relevant literatures. The results of this study shows that the legal consideration of in faraid case at Sharia Court of Jantho is in accordance to the procedure of law enforcement which refers to formil and materiil law as stated in Law of Judiciary Power. The obstacle in doing the execution towards the court judgment of permanent legal force at Sharia Court of Jantho in the form of verdict without the presence of the defendant (verstek), legal review, and the lack of understanding of the disputing parties that new supplication or request to the Head of the Sharia Court is needed to do the execution. The efforts that is done to overcome the obstacle is by giving the knowledge and understanding of law to public via information desk concerning the court process and technical phases of civil case and the expenses that occurs.

scholarly journals MENEGAKKAN HAK ASASI MANUSIA MELALUI PERLINDUNGAN HUKUM BAGI PEREMPUAN KORBAN KEKERASAN DI INDONESIA

2021 ◽  
Author(s):  
Rahmat Amir
Keyword(s):  
Qualitative Research ◽  
Domestic Violence ◽  
Law Enforcement ◽  
Women Victims ◽  
Research Methods ◽  
Violence Against Women ◽  
Bargaining Power ◽  
Male And Female ◽  
Victims Of Violence ◽  
Forms Of Violence

The reality in the community shows that the problem of violence against women and the protection of women victims of violence in the legal field is still very low. There are many factors that influence the law enforcement process, namely: substance, structure and culture. In substance, currently available legal products are Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law Number 21 of 2007 concerning Trafficking in the Articles of Persons. This paper tries to look at the various types of violence against women both at home, at work and in society as a manifestation of the imbalance in the bargaining power of women in male and female relations. Through qualitative research methods, researchers want to know the forms of violence against women including physical, sexual, economic, political, and psychological appearances that can be carried out by individuals, society and the state. This article shows that law enforcement to protect women is still low.

scholarly journals MENEGAKKAN HAK ASASI MANUSIA MELALUI PERLINDUNGAN HUKUM BAGI PEREMPUAN KORBAN KEKERASAN DI INDONESIA

2021 ◽  
Author(s):  
Rahmat Amir
Keyword(s):  
Qualitative Research ◽  
Domestic Violence ◽  
Law Enforcement ◽  
Women Victims ◽  
Research Methods ◽  
Violence Against Women ◽  
Bargaining Power ◽  
Male And Female ◽  
Victims Of Violence ◽  
Forms Of Violence

The reality in the community shows that the problem of violence against women and the protection of women victims of violence in the legal field is still very low. There are many factors that influence the law enforcement process, namely: substance, structure and culture. In substance, currently available legal products are Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law Number 21 of 2007 concerning Trafficking in the Articles of Persons. This paper tries to look at the various types of violence against women both at home, at work and in society as a manifestation of the imbalance in the bargaining power of women in male and female relations. Through qualitative research methods, researchers want to know the forms of violence against women including physical, sexual, economic, political, and psychological appearances that can be carried out by individuals, society and the state. This article shows that law enforcement to protect women is still low.

scholarly journals The Implementation of Prudential Principles in Liquiding Credit Using Covernote Notary

2020 ◽  
Vol 7 (7) ◽  
pp. 436
Author(s):  
Mega Kurnia Putri ◽  
Reka Dewantara ◽  
Diah Aju Wisnu
Keyword(s):  
Law Enforcement ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Library Research ◽  
Credit Agreement ◽  
Branch Office ◽  
Prudence Principle ◽  
Legal Consequences ◽  
Socio Economic Factors

The problems that often occur when using a notary Covernote in this credit agreement, until during the process of Proprietary certificates issuance and binding of the rights of liabilities has not been completed. In contrast, the credit has been disbursed to the customer debtor and the credit was stuck, or the debtor customer has tort. This condition certainly causes the bank not to execute the credit guarantee that could result in losses from the bank. The purpose of this research is to analyze the implementation of prudence principles in the process of disbursement of credit conducted by PT. Bank Rakyat Indonesia (Persero) Tbk. Bojonegoro Branch by using notary Covernote and analyzing the legal consequences of application of prudence principle in the use of notary cover note in the process of disbursement of credit conducted by PT. Bank Rakyat Indonesia (Persero) Tbk. Bojonegoro Branch. The study used an empirical and sociological juridical approach. The data sources in this study through Library Research and field research and the data used are primary data and secondary data. The sample in this study is all employees of PT. Bank Rakyat Indonesia (Persero) Tbk. Bojonegoro Branch Office. The results of this study showed that the constraints encountered in the application of prudence principles on the use of notary Covernote as the basis of disbursement of credit, among others: in terms of juridical, the arrangement on covernotes used as a condition of disbursement of financing has not existed either in the law, government regulations, Bank Indonesia regulation, and in the form of a memorandum of understanding. Covernote is arising based on the habit so that the bank that determines the use of covernote can be a factor that affects the implementation of the principle of banking prudence if each party does not understand clearly about the existence of the related covernote binding collateral. In terms of Non-juridical, the constraints encountered are influenced by the factors of law enforcement, facilities and facility, and socio-economic factors of society and culture. 

PERLINDUNGAN HUKUM BAGI KORBAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA DI KOTA PALOPO

2018 ◽  
Vol 7 (09) ◽  
pp. 33-53
Author(s):  
Sri Rahayu Amri
Keyword(s):  
Domestic Violence ◽  
Research Method ◽  
Legal Protection ◽  
Field Research ◽  
Descriptive Study ◽  
Crime Victims ◽  
Existing Problems ◽  
Positive Law ◽  
Library Research ◽  
The Ideal

The ideal legal protection is not solely focused on the implementation of legislation, although in reality, the legal protection of the tendency is not implemented as expected by the community, as some interpret the judge's decision. Domestic violence is any form of violence perpetrated by husbands, wives, other family members who result in physical, psychological, sexual and economic harm, including threats, deprivation of liberty occurring in a household or family.This study aims to see the form of legal protection against victims of domestic violence, and then analyze the factors that influence the effectiveness of the prevention of domestic violence, which then look at the extent of the effectiveness of the prevention of domestic violence against victims of violent crime In particular households and the general publicThis research is a descriptive study with a juridical-empirical approach that examines the rules of positive law in order to get answers to the existing problems by linking with facts or phenomena about Domestic Violence. This study is a doctrinal and non-doctrinal combines normative research and empirical research using annotations through library research methods and field research method. Keywords : Legal Protect ion, Crime Victims, Domestic Violence

scholarly journals Pengadilan Khusus KDRT “Implementasi Gagasan Sistem Peradilan Pidana Terpadu Penanganan Kasus-Kasus Kekerasan Terhadap Perempuan (SPPT-PKKTP)”

2014 ◽  
Vol 2 (2) ◽  
Author(s):  
Muhammad Ishar Helmi
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Women Victims ◽  
Violence Against Women ◽  
Justice System ◽  
Legal Rights ◽  
Law Enforcement Officials ◽  
Victims Of Violence ◽  
The Relationship

Abstract: Court For Domestic violence. Court For Domestic violence is a new idea of the Integrated Criminal Justice System Handling Cases of Violence Against Women (SPPT- PKKTP) to provide justice to the victims of domestic violence, especially women. Given the complexity of issues related to domestic violence led to the need for this institution was formed. Act No. 23 of 2004 on the Elimination of Violence Against Domestic generally can back up women in getting their legal rights, but the implementation of the Act turns instead of criminalizing women victims of violence, especially because law enforcement officials do not consider the relationship between husband, wife and children, in applying this Act. As a result, women victims of violence do not get their rights. Abstrak: Pengadilan Khusus KDRT. Pengadilan Khusus Kekerasaan Dalam Rumah Tangga merupakan sebuah gagasan baru dari Sistem Peradilan Pidana Terpadu Penanganan Kasus-Kasus Kekerasan Terhadap Perempuan (SPPTPKKTP) dalam memberikan keadilan kepada para korban kekerasan dalam rumah tangga khususnya perempuan. Adanya kompleksitas permasalahan terkait kekerasan dalam rumah tangga menyebabkan perlunya lembaga ini dibentuk. Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Terhadap Rumah Tangga yang secara umum dapat memback up kaum perempuan dalam mendapatkan hak-hak hukumnya, namun dalam implementasinya ternyata undang-undang tersebut justru mengkriminalisasi perempuan korban kekerasan, terutama karena aparat penegak hukum tidak mempertimbangkan hubungan antara suami, istri dan anak, dalam menerapkan undang-undang ini. Akibatnya, perempuan korban kekerasan tidak mendapatkan hak-haknya.  DOI: 10.15408/jch.v1i2.1471

scholarly journals Perlindungan Hukum Bagi Perempuan Korban Kekerasan Nonfisik Dalam Rumah Tangga Menurut UU No. 23 Tahun 2004 di DKI Jakarta

2019 ◽  
Vol 2 (1) ◽  
pp. 1265
Author(s):  
Wenny Juliani ◽  
Aji Wibowo
Keyword(s):  
Domestic Violence ◽  
Sexual Abuse ◽  
Women Victims ◽  
Violence Against Women ◽  
Physical Violence ◽  
Legal Protection ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Temporary Protection ◽  
First Time

The Act Num. 23/2004 about the Abolition of Domestic Violence regulates about the provision of protection and restoration for victims, which are the must given to fullfil the victims’ right, and also the criminal sanctions for perpetrators. According to the Act, this kind of violence divided into four categories, There are physical abuse, psychic abuse, sexual abuse and household neglection. By taking some data about violence against women in Jakarta, the problems formulation for this journal are: What the form of legal protection for women victims of non-physical violence in the household according to the Act Num. 23/2004 in Jakarta; and how the implementation of the legal protection for women victims of non-physical violence in the household according to the Act Num. 23/2004 in Jakarta. The method that used to write this journal is normative legal research, which is supported by some interviews with parties who do work in the field of fulfilling women's welfare and rights. In the act Num. 23/2004 there are two types of protection, they’re temporary protection and protection based on court stipulations. On the implementation, from the very first time that the protection given until the recovery, each process involves professionals in their respective fields. It is important, so that the victim can get the immidiate and right treatment. However, the implementation of the provision of protection and restoration to the victims still faces various obstacles, both in terms of substance, structure, and culture of the community.

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