Dimension of justice of restoration justice paradigm in the criminal system for sexual violence in Indonesia

ADVOCATUS ◽  
2021 ◽  
Author(s):  
Nurianto Rachmad Soepadmo
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Justice System ◽  
Psychological Impact ◽  
Sexual Crimes ◽  
Sexual Crime ◽  
The Family ◽  
Main Thing ◽  
Justice Restoration ◽  
The Impact

The act of sexual violence is a crime that is classified as a violation of human rights (HAM). The increase in cases of sexual violence in the world, including in Indonesia, shows that this shows that the existing justice system is unable to guarantee justice for victims, and most importantly recovery for victims. For this reason, a justice restoration approach is needed as an alternative in law enforcement against sexual crimes. In practice, marriage is used as a way to approach justice restoration. This article uses a normative and juridical approach to discuss law enforcement on sexual crimes through a restoration justice approach. It can be concluded that law enforcement on sexual crimes must look at the criminological, victimological and ontological aspects, in order to be able to place the problem objectively. As a complaint offense, sexual crimes may not be passed on to the criminal process, if there is peace between the victim and the perpetrator, provided that there is an agreement between the victim, the perpetrator, the family and the community without coercion from various parties. The main thing in the justice restoration approach for sexual crimes is to provide protection and assistance to victims from various parties, so that victims can be separated from the trauma or psychological impact caused by sexual violence experienced by the victim or the impact received after the occurrence of the sexual crime.

scholarly journals Dimension of Justice in Restorative Justice Paradigm in the Criminal System for Sexual Violence in Indonesia

2020 ◽  
Vol 9 (2) ◽  
pp. 14-20
Author(s):  
Nurianto Rachmad Soepadmo
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Restorative Justice ◽  
Justice System ◽  
Psychological Impact ◽  
Sexual Crimes ◽  
Sexual Crime ◽  
The World ◽  
Justice Restoration ◽  
The Impact

AbstractThe act of sexual violence is a crime that is classified as a violation of human rights (HAM). The increase number of sexual violence cases in the world, including Indonesia, shows that the current justice system is unable to guarantee justice for victims, and most importantly recovery for victims. For this reason, a justice restoration approach is needed as an alternative in law enforcement against sexual crimes. Practically, marriage used as a way to approach justice restoration. This article used normative and juridical approach to discuss law enforcement on sexual crimes through restorative justice approach. It can be concluded that law enforcement on sexual crimes should observe based on criminology, victimology and ontology aspects, in order to be able to place the problem objectively. As a complaint offense, sexual crimes may not be passed on to criminal process, if there is peace between the victim and the perpetrator, provided that there is an agreement among the victim, perpetrator, family and society without coercion from various parties. The main focus in restorative justice of sexual crimes is to provide protection and assistance to victims from various parties, thus, the victims can be released from trauma or psychological impact that caused by sexual violence experienced by the victim or the impact received after the occurrence of sexual crime.

scholarly journals Identification of Risk Factors and Consequences of Sexual Violence in Children

2020 ◽  
Vol 11 (01) ◽  
pp. 1-9
Author(s):  
Fenny Etrawati
Keyword(s):  
Risk Factors ◽  
Law Enforcement ◽  
Sexual Violence ◽  
Family Environment ◽  
Empirical Literature ◽  
Violence Against Children ◽  
Social Risks ◽  
The Family ◽  
Optimal Law Enforcement ◽  
The Impact

An increase in cases of sexual violence against children triggers various health problems in children, both physical, psychological and social. This paper aims to explore the sexual violence on children, risk factors and the impact of sexual violence on children. This study of sexual violence in children refers to various empirical literature studies. Furthermore, the collection of information was analyzed using the problem tree analysis approach to find out the risk factors and their impact on children. Cases of sexual violence in the community are difficult to detect because of the lack of recognition from victims. This is because the offender called pedophile comes from within the family (familial abuse) or can come from outside the family environment (extra-familial abuse) who have established close relationships with children. Sexual violence is generally motivated by the problem of weak protection from parents which is also strengthened by socio-economic problems, low access to reproductive health education and less optimal law enforcement. Therefore, children who have experienced sexual violence find it difficult to avoid physical, biological, psychological and social risks. Children who have experienced sexual violence find it difficult to avoid physical, biological, psychological and social risks. Therefore, it is necessary to increase the capacity of parents in the prevention of sexual violence against children and law enforcement needs to complete the system of early detection and rapid response to the incidence of sexual violence against children.

scholarly journals Law Compliance Against Perpetrators of Covid-19's Forced Retrieval

2020 ◽  
Vol 19 (1) ◽  
Author(s):  
Endang Yuliana Susilawati ◽  
Tabah Budi Prasetyo
Keyword(s):  
Law Enforcement ◽  
Virus Disease ◽  
Psychological Impact ◽  
Case Law ◽  
Criminal Code ◽  
The Public ◽  
The Family ◽  
The Government ◽  
The Impact ◽  
Health Regulations

<p><em>The spread of Corona Virus Disease 2019 (COVID-19) in Indonesia is now increasing and extending across regions and across countries. The increase has resulted in death, decline and economic slowdown (recession), disrupted educational, economic and social activities, and most concerned about the psychological impact and behavioral changes on society. Like the case of coaxial corpse-19 corpse taking, this was the impact of the lack of effective socialization, education and communication from the government to the community and the hospital to the family /community. In this case, law enforcers need to participate in educating and disseminating to the public effectively and acting decisively against people who insist on violating applicable health regulations / protocols. Law enforcement can be done in a humane and solutive manner so as not to cause resistance in the midst of society. If the public still insists on violating the coaxial collection of covid-19 bodies, they may be subject to sanctions such as Article 93 of Law No. 6 of 2018 concerning Health Quarantine jo Article 211, 212, 214 of the Criminal Code, Article 335 of the Criminal Code, with a penalty of up to 7 (seven) years prison and Article 336 paragraph 1 and 2 of the Criminal Code. This paper aims to review and discuss the rule of Law enforcement the suspect the force bodies covid-19.</em></p><p><strong><em>Keywords:</em></strong></p><p><em><em>Law Enforcement; Covid-19; The Force Bodies Covid-19</em><br /></em></p>

scholarly journals Rape, inequality and the criminal justice response in England: The importance of age and gender

2019 ◽  
pp. 174889581986309
Author(s):  
Sarah-Jane Lilley Walker ◽  
Marianne Hester ◽  
Duncan McPhee ◽  
Demi Patsios ◽  
Anneleise Williams ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
Minority Ethnic Group ◽  
Gender Based Violence ◽  
Age And Gender ◽  
And Gender ◽  
The Impact ◽  
Criminal Justice Response

This article draws upon quantitative and content analysis of 585 reports of rape recorded within two police force areas in England in 2010 and in 2014 tracking individual incidents to eventual outcome to examine the impact, if any, of intersecting inequalities on trajectories of rape cases reported to police. The data were collected as part of the wider Economic and Social Research Council funded Justice, Inequality and Gender-Based Violence research project which examined victim-survivor experiences and perspectives on justice. Building on existing distinctions between types of rape case based on the relationship between victim-survivor and accused, the results suggest age and gender are significant factors in how sexual violence, and the criminal justice system, is experienced. While younger women and girls were disproportionately affected by certain types of sexual violence case and more likely to come into contact with the criminal justice system compared to men and older women, they were not necessarily more likely to achieve a conviction. The findings also confirm that some of the most vulnerable victims-survivors of sexual violence, especially those with poor mental health, are still not achieving criminal justice. Victims-survivors from Black and minority ethnic group or lesbian, gay, bisexual, transgender, transsexual, queer groups are underrepresented within the criminal justice system, implying these groups are not seeking a criminal justice response in the same way as ‘white’ heterosexual victims-survivors.

Family Burden in Frailty Syndrome Care Givers: Impact of Psychoeducation

2020 ◽  
Vol 17 (7) ◽  
pp. 3032-3035
Author(s):  
Rihmaningtyas ◽  
Elida Ulfiana ◽  
Sylvia Dwi Wahyuni
Keyword(s):  
Caregiver Burden ◽  
Psychological Impact ◽  
The Elderly ◽  
Frailty Syndrome ◽  
Term Care ◽  
Care Givers ◽  
The Family ◽  
Post Test ◽  
The Impact

Elderly with frailty syndrome experience a disturbance on physical condition, psychology, social, and financial of the family caregivers. This is due to the long-term care. The nurture will be hampered if the burden is not well handled. This study aims to determine the effect of psychoeducation on families who provide care to the elderly with frailty syndrome. Useable design is a non-experimental one group pre post-test. The number of samples is 15 respondents who provide care to family members who have frailty syndrome. Psychoeducation is given five sessions in three meetings. Lastly, one extra meeting for re-measuring the caregiver burden after intervention. The results of pre-test level of caregiver burden before intervention was 20% severe and 80% moderate. After the intervention, the results changed into the 53.3% average and 46.7% mild. Statistical analysis showed p = 0.001 (significance p < 0.05) on the impact of caregiver burden and psychological impact as much as 53%, physical 27%, social 12% and economic 8%. Psychoeducation affects the level of caregiver burden on caregivers who nurture the elderly with frailty syndrome. The impact of caregiver burden is mostly on the psychological aspects.

scholarly journals DINAMIKA PSIKOLOGIS KEKERASAN SEKSUAL: SEBUAH STUDI FENOMENOLOGI

2011 ◽  
Vol 8 (2) ◽  
Author(s):  
Muh Anwar Fu'ady
Keyword(s):  
Sexual Violence ◽  
Traumatic Stress ◽  
Psychological Impact ◽  
Phenomenological Approach ◽  
Post Traumatic Stress ◽  
Analysis Process ◽  
Post Traumatic ◽  
Psychological Dynamics ◽  
Assault Victims ◽  
The Impact

<p>Purpose of this study was to find out how the sexual violence occurs, the psychological impact of sexual violence, and knowing how psychological dynamics of sexual assault victims. Subjects in this study were the two people taken purposively with the criteria had experienced sexual violence. Methodology in qualitative research is phenomenological. There are four processes in a phenomenological approach that is epoche, phenomenological reduction, imaginative variation and synthesis of meaning. Data analysis process involves bracketing, horizonalizing, and meaning units to get the textural description. The results of this study indicate that the psychological impact of the subjects who are victims of sexual violence is the presence of post-traumatic stress disorder. Besides having a psychological impact, psychological dynamics of the subjects in this study also have similarities, but there are some striking differences. The big difference in the impact and psychological dynamics is caused by several factors such as personality characteristics, how to solve problems, how to manipulate cognition, and social support.</p><p> </p>

scholarly journals SEXUAL VIOLENCE AGAINST WOMEN IN ECUADOR: AN OVERVIEW FROM THE RURAL AND INDIGENOUS AREAS OF IMBABURA

2021 ◽  
Vol 1 (11) ◽  
pp. 1-14
Author(s):  
Santiago BOIRA ◽  
Maria Teresa MUÑOZ ◽  
Anita NUDELMAN
Keyword(s):  
Sexual Violence ◽  
Violence Against Women ◽  
Family Environment ◽  
Rural Areas ◽  
Qualitative Methodology ◽  
Attorney General ◽  
The Family ◽  
Global Nature ◽  
The Impact ◽  
Official Data

Objectives. Sexual violence against women is a major social problem for governments and institutions. International reports warn about its magnitude and its global nature and findings from Latin America have also confirmed the seriousness of the issue. The objective of this article is to address the problem of sexual violence against women in Ecuador, with emphasis on rural and indigenous areas. Material and methods. The official data offered by the Attorney General of the State of Ecuador is analyzed. Likewise, the qualitative information provided by professionals in the province of Imbabura through interviews and focus groups. Results. Quantitative data shows a very significant increase in the number of crimes of sexual violence against women in practically all the provinces of Ecuador in the past three years. Likewise, from a qualitative perspective, patriarchal culture is very present as one of the causes that explain violence. As for the manifestation of sexual violence, its most frequent form is within partner relationships. However, cases of incest, sexual abuse and aggression against minors within the family environment are also common. Conclusions. Data for disaggregated and specific monitoring of sexual violence in Ecuador is limited. In this regard, the use of qualitative methodology to complement such information is recommended. This study identifies a serious situation both in terms of the prevalence and of the impact of sexual violence in Ecuador. Keywords: sexual violence, Ecuador, abuse, rural areas, violence against women.

scholarly journals Role of Victim in the Criminal Justice System

2019 ◽  
Vol 3 ◽  
pp. 30-36
Author(s):  
MEERA MATHEW
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victims ◽  
Law Enforcement Agencies ◽  
Different Types ◽  
Victims Of Crime ◽  
The Impact

The victims of crime are those who have formerly endured injury or are possibly suffering as an outcome of crimes having been committed. The direct family or dependants of the direct victims, who are harmfully affected, are also included within the meaning of the term “Victims”. The predicament of the victims does not finish with the crime but it persists. It may even increase, following the crimes; since they have to face the rigors of the actuality, such as deficient support system, dearth of social backing, and sense of anxiety. They also experience the intricacy of police inquiry, magisterial investigation and criminal trial. The impact of victimization on different kinds of victims due to different types of crimes has been varied such as physical, psychological and financial. Through this paper writer has endeavored to check the situation of victims of crime in India and the criminal justice system. It is apparent that the desolation of the victims have not been effectively addressed or even gone out of contemplation. Victims are disregarded, may, forgotten. The paper also stresses the need to provide support to crime victims. The author of the present paper has also recommended some of the imperative steps that are to be implemented by the law enforcement agencies in India to improve the position of victims in the criminal justice system.

Officers' perceptions regarding the unexpected effects of body-worn cameras

2020 ◽  
Vol 43 (2) ◽  
pp. 390-402
Author(s):  
Jordan C. Pickering
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
The United States ◽  
Law Enforcement Agencies ◽  
Content Type ◽  
Advantages And Disadvantages ◽  
The Impact

PurposeThroughout the last decade, a number of empirical studies have assessed the effectiveness of body-worn cameras (BWCs) among law enforcement agencies across the United States. The purpose of this paper is to examine officers' perceptions regarding the impact this technology has had on police-community relations, as well as the working relationship between police and other actors in the criminal justice system (e.g. prosecutors, jurors).Design/methodology/approachThe author conducted focus groups with officers (n = 89) from two local law enforcement agencies in California that had adopted BWCs in recent years. Participating officers discussed advantages and disadvantages they associated with BWCs, as well as how BWCs have impacted their relationship with the public and justice system personnel.FindingsOfficers recognized advantages to using BWCs, including the potential for positive changes in police behavior and the ability to protect officers against false citizen complaints. Officers also identified a number of disadvantages (or consequences) they associate with BWCs, such as the depreciation of credibility behind an officer's word and the impact of video footage on prosecutorial decision-making.Originality/valuePrior studies have gathered officers' perceptions regarding BWCs, but very few have assessed whether and how the use of this technology by law enforcement influences other actors within the criminal justice system. The findings from this study may prompt further empirical consideration regarding BWCs, especially with regard to whether police use of this technology significantly impacts citizens' trust in the police and how their use may impact prosecutorial and juror decision-making.

Assessment of Efforts to Hold Perpetrators of Conflict-related Sexual Violence Accountable in Central African Republic

2020 ◽  
Vol 18 (2) ◽  
pp. 373-396
Author(s):  
Phuong N Pham ◽  
Mychelle Balthazard ◽  
Patrick Vinck
Keyword(s):  
Sexual Violence ◽  
Justice System ◽  
Central African Republic ◽  
International Criminal ◽  
Criminal Court ◽  
Sexual Crimes ◽  
Social Challenges ◽  
Formal Complaint ◽  
The Government ◽  
Fear Of Retaliation

Abstract Sexual violence is commonly described as an epidemic in the Central African Republic (CAR) and other conflict settings. In response, the government and the international community have launched major efforts to combat sexual violence, including the investigation and prosecution of sexual crimes and offences by the ordinary justice system, the Special Criminal Court in the Central African Republic, and the International Criminal Court. Yet, little is known about how these efforts are perceived among the population and about their effectiveness at reducing exposure in a context of ongoing violence. This article builds on a unique series of four surveys conducted at six-month intervals between 2017 and 2018 with a total of 25,143 randomly selected adults. It assesses the magnitude of sexual violence and shows that respondents positively perceive efforts to combat sexual violence and increasingly understand and trust the justice system. Disclosure of sexual violence is increasing, but only one in five victims files a formal complaint with security and justice actors. Factors undermining disclosing or filing of complaints about these widespread events include fear of retaliation, re-traumatization, and stigmatization. Investigating sexual crimes in a context of insecurity is extremely challenging and the work of the various courts is hindered by practical, procedural, and social challenges detailed in this article, as well as the need to coordinate prosecutorial strategies. There is an urgent need to build capacity and to ensure appropriate and compassionate treatment towards those who have been assaulted. Monitoring perception of criminal justice efforts is an important step towards understanding their contribution to ending sexual violence and to peace.

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