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

2021 ◽  
Author(s):  
Fani ayu lestari
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 ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

2009 ◽  
Vol 39 (4) ◽  
pp. 418
Author(s):  
Eva Achjani Zulfa
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Enforcement Officers ◽  
Management Policy ◽  
Criminal Case ◽  
Judicial Process ◽  
Law Enforcement Officials ◽  
Discourse Management

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way

scholarly journals On the Bride’s side? Victims of domestic violence and their residence rights under EU and Council of Europe Law

2019 ◽  
Vol 37 (4) ◽  
pp. 311-335
Author(s):  
Vladislava Stoyanova
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Migrant Women ◽  
Eu Law ◽  
Council Of Europe ◽  
Abusive Relationship ◽  
Victims Of Violence ◽  
Istanbul Convention ◽  
The Eu

Migrant women victims of domestic violence might face a stark choice between leaving an abusive relationship and tolerating the abuses so that they can preserve their residence rights in the host country. EU law suffers from some major limitations in addressing this situation. In view of the EU ratification of the Council of Europe Convention on Preventing and Combating Violence against Women (‘the Istanbul Convention’), will the EU be required to take new measures in light of the demands imposed by Article 59 of the Istanbul Convention that addresses the residence rights of migrant women victims of violence? By clarifying these demands and juxtaposing them with the relevant EU law standards, this article shows the divergences and convergences between the two regional European legal orders. It also forwards concrete suggestions as to which EU rules might need to be modified.

scholarly journals Paralegals and Women Access to Justice : Making Access to Justice of Women Victims of Violence Effective

2018 ◽  
pp. 807-813
Keyword(s):  
Women Victims ◽  
Violence Against Women ◽  
Social Life ◽  
Theoretical Development ◽  
Legal Rights ◽  
Access To Justice ◽  
Legal Method ◽  
Bargaining Position ◽  
Victims Of Violence

This study responds to the fact that the high number of violence against women (KtP) and the weakness of access to justice of women victims of violence, whereas the Government of Indonesia has issued various laws and regulations to protect women. This shows that the face of women, especially women victims of violence in law and social life in Indonesia is very complex.The main obstacle faced by women victims of domestic violence (KDRT) in Surakarta City in accessing justice is the low awareness and understanding of their legal rights. To assist the constraints faced by women victims of violence in accessing justice, the role of intermediaries in this paralegal becomes very important. Therefore, this study will explore the deepening of the role effectiveness and constraints faced by paralegals in the fulfillment of access to justice for women victims Violence in Surakarta City. The purpose of this study is to orient theoretical development on the study of violence against women and access to justice.This research uses qualitative socio-legal method that is interdisciplinary approach to law; Is an alternative approach to conduct an examination of legal studies that are doctrinal.In particular, there are three reasons why the role of paralegals is crucial in helping women victims of access to justice. First, paralegals play the role of "familiarization" of the legal system for poor and marginalized groups such as women victims of violence. Second, paralegals are more accessible to women’s groups. In addition to being easy to find, legal services by paralegals are cheaper than similar services provided by lawyers or advocates. Third, paralegals influence the power relations and bargaining position of women groups that can be seen from reaction changes and other parties’ responses including responses from government institutions and law enforcement agencies. In general, paralegals apply methods of empowerment, education and legal training and representatives of justice seekers. In addition to seeking justice seekers to obtain justice in a real sense, paralegals also build social movements capable of encouraging the settlement of cases and enforcement of women’s rights.Constraints often faced by paralegals in assisting women victims of access to justice are the absence of formal legitimacy for paralegals in terms of legislation, the lack of funds owned by institutions where paralegals are sheltered and formal education level problems for uneven paralegals.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA DALAM SISTEM PERADILAN PIDANA DI KOTA JAMBI

2018 ◽  
Vol 18 (1) ◽  
pp. 168
Author(s):  
Ferdricka Nggeboe
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Protection Theory ◽  
The Republic ◽  
The Government ◽  
Victims Of Violence ◽  
Husband And Wife

The marriage bond that is conducted aims to form a happy prosperous household, eternal and lasting under the protection of God Almighty, with the aim, automatically the family should be fostered as well as possible, mutual love and affectionate love between husband and wife and children . Each couple wishes for a harmonious married life, but not forever the condition of the household between husband and wife good and peaceful, because sometimes there are quarrels and bickering, which often leads to the occurrence of violence in the household that eventually happened to a percerarian. The legal policy issued by the Government of the Republic of Indonesia to anticipate violence especially domestic violence is Law Number 23 Year 2004 on the Elimination of Domestic Violence (PKDRT). This law is expected to reveal the various violations in the household and the protection of the rights of victims of violence without exception, therefore the question to be answered in this study is, How to protect the law against women victims of domestic violence in the criminal justice system in the City Jambi. This research uses empirical juridical type, and as its analysis knife the researcher uses legal protection theory, that is preventive law protection and repressive law protection. The emphasis of the analysis on the fact that repressive legal protection in the criminal justice system is reflected from the case reporting process until the case is decided by the judge in court. In addition to a brief overview of the process of domestic violence in the criminal justice system, there are also some judges' decisions on cases with free decisions and verdicts stating that the case was revoked. That the repressive legal protection of victims of domestic violence through the decision of a court of a criminal verdict has shown the comparison of law, although it is still far from the legal certainty.Keywords: Legal Protection Against Women, Domestic Violence Victims, Criminal Justice System

Under Pressure

2020 ◽  
pp. 82-91
Author(s):  
Poulami Roychowdhury
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Poor Performance ◽  
Law Enforcement Personnel ◽  
Police Protection

Chapter 6 takes the reader into the halls of the Indian criminal justice system and into the lives of the police, protection officers, and court personnel who staff its offices. Law enforcement personnel faced administrative constraints on their abilities to process cases and mounting organized pressure around domestic violence allegations. These conditions undermined their ability to exercise discretion, making it difficult for them to reject women they did not like and pick “good” victims they wished to protect. And it bred a sense of victimization, the notion that they were too overburdened and besieged to do their jobs. The main outcome was thus twofold: law enforcement feared alienating organized women and articulated a discourse of disempowerment that rationalized poor performance.

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

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