scholarly journals BIAS GENDER DALAM PENANGANAN KASUS KEKERASAN TERHADAP PEREMPUAN SECARA LITIGATIF

Populasi ◽  
2006 ◽  
Vol 12 (2) ◽  
Author(s):  
Irwan Abdullah ◽  
Siti Ruhaini Dzuhayatin ◽  
Dyah Pitaloka
Keyword(s):  
Law Enforcement ◽  
Gender Bias ◽  
Violence Against Women ◽  
Legal System ◽  
Laws Of Nature ◽  
Men And Women ◽  
The Real ◽  
Law Enforcement Officials ◽  
Strong Culture ◽  
Legal Procedures

The ongoing raise of violence against women shows that the issue refers to the problem of gender in its various dimensions. This is due to beliefs that the differences between men and women are laws of nature- have long been socially propagated. Aside from that, a strong culture of patriarchy has also been put women on powerless positions, as reflected in the handling of violence's cases through legal processes. This article is intended to analyse the problem through three major aspects. pirst, the law has a strong bias towards women as victims, in particular men as perpetrators of detrimental acts towards women. Second, bias in legal procedures which should be administered in the whole processes of litigation which occurs in a lot of violence's cases. Third, the attitude of law enforcements which stand opposed women both as the real victims and culturally as the subordinated classes.The article has showed that the performance of law-enforcement officials in dealing with violence against women has remained remarkably low.The main cause of such violence, may be due to the classic gender bias in the perspective of our legal system which has been reflected in the forms of the patriarchal order of society.

System Reform

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Legal System ◽  
Real World ◽  
System Reform ◽  
International Human Rights ◽  
The Real ◽  
International Human ◽  
The United Nations ◽  
Legal Procedures

This chapter considers areas where reforms could make the international human rights legal system more effective and influential. In particular, it examines just what kinds of reforms are achievable in the real world along with their likely impact. Four types of reform are discussed. First are notions about how the broader public might become more aware that the system exists, and also more fully engaged with human rights legal procedures at home and internationally. Second are reforms aimed at streamlining the human rights legal system. Third is the professionalization of the system, especially the United Nations treaty bodies and Secretariat. Fourth is investing in credibility and legitimacy. The chapter concludes by outlining strategies that could increase the success of reform efforts and highlighting the limits of reform.

Towards a New Interpretation of Quran 4:34

Hawwa ◽  
2017 ◽  
Vol 15 (3) ◽  
pp. 279-292 ◽  
Author(s):  
Nafiseh Ghafournia
Keyword(s):  
Violence Against Women ◽  
Critical Analysis ◽  
Physical Violence ◽  
Men And Women ◽  
The Real ◽  
Muslim Men ◽  
Long Time ◽  
New Interpretation ◽  
Muslim Scholars

AbstractFor almost fourteen centuries, Muslim men and women believed, or have been led to believe, that beating wives is a permitted act in Islam and the Quran has been used to support this physical violence against women. Permissible violence against women has mainly been justified on the basis of the Quranic verse 4:34. Since its revelation, there has been a long time challenge to explore the real meaning of the verse. The translations and interpretations of this verse have caused much consternation among scholars, including this author. However, important attempts have recently been made to define or interpret the verse. In this study, two different strands of interpretation are explored: patriarchal and egalitarian. While there are many interpretations of the verse, this study focuses only on the works of some of the most renowned scholars and theologians. A critical analysis of different approaches to the interpretation of this verse shows that the contradictions and complexities related to the verse are not inherent in the Quran itself but are rooted in the intentional or unintentional neglect and misuse of the text by authoritative Muslim scholars. This study argues for a more progressive approach to interpreting the verse which is compatible with a holistic comprehension of the text and teaching of Islam.

scholarly journals PENEGAKAN HUKUM DALAM PERSPEKTIF HUKUM PROGRESIF

2019 ◽  
Vol 19 (2) ◽  
pp. 201
Author(s):  
Ufran Ufran
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Social Problems ◽  
Fundamental Problem ◽  
The Real ◽  
Initial Symptoms ◽  
The Law ◽  
Law And Justice

<p><em>The </em><em>Failure to enforce law and justice will be one of the factors of social dis-integration. If it is responded well and systematically it will be a threat to a country's failure. These initial symptoms can be seen from the emergence of various vigilante acts. The empty spaces filled with violence are caused by the vacuum of law. The law fails to do its job to solve social problems that arise. The explanation in this paper seeks to analyze the root problem of the failure of law enforcement in Indonesia seen in the perspective of the legal system by Friedman. To analyze the solution, the perspective used is an analysis of the style of progressive law as stated by Satjipto Rahardjo. The use of these two perspectives is expected to be able to describe well the real fundamental problem in our current law enforcement</em></p>

scholarly journals Implementation of Good Corporate Governance (GCG) in the Field of Securing Plantation Assets

2020 ◽  
Vol 1 (3) ◽  
pp. 5-9
Author(s):  
Junaedi Junaedi
Keyword(s):  
Corporate Governance ◽  
Law Enforcement ◽  
Legal System ◽  
Oil Palm ◽  
Legal Culture ◽  
Legal Structure ◽  
Good Corporate Governance ◽  
Serious Crime ◽  
Law Enforcement Officials ◽  
Fresh Fruit Bunches

This article discusses the implementation of Good Corporate Governance (GCG) in the Field of Securing Plantation Assets, especially at PT Perkebunan Nusantara (PTPN) IV. Good Corporate Governance (GCG) in the area of ​​securing assets in PTPN IV can be measured by the three elements of the legal system, namely: the legal substance (the Forestry Law); its legal structure (Law Enforcement Officials: Forestry and Police PPNS); corporate legal culture. The three systems are interrelated with one another. Systemic law enforcement efforts must pay attention to the elements of the legal system because it is the essence of law enforcement. the findings in the field of plantation crime mode are massive and organized. With regard to theft of oil palm, many people believe that it is often carried out by oil palm ninja (simple crime), but in reality theft by "oil palm ninja" is about 10% to 15% only. In reality, there is an oil palm mafia operating in PTPN IV's estates which holds 85% of these oil thieves. 90% organized / serious crime. The criminal act of theft and embezzlement of oil palm FFB (Fresh fruit bunches) in the PTPN IV area is massive and can be categorized as very critical.

scholarly journals Adaptiveness of Traditional Judicial Systems to Digital Forms of Evidence

2020 ◽  
Vol 10 (2) ◽  
pp. 268-278
Keyword(s):  
Law Enforcement ◽  
Data Transfer ◽  
Physical World ◽  
Internet Technology ◽  
The Real ◽  
Guiding Principle ◽  
Law Enforcement Officials ◽  
The Masses ◽  
Bridge Technology ◽  
Digital Footprints

“Digital India” scheme announced by current administration initially had many detractors. But with its finger on the correct pulse of Young, Emergent India, much facilitations were provided with the sole aim to bridge technology with the masses. Hence today smart phones, laptops and computers have become house-hold names even in previously inaccessible areas. But on the down-side we also see a severe increase in crimes committed using computers and internet. Technology is an ever-changing phenomenon. It keeps changing, updating and even reviving itself. Crime has parallelly evolved with the evolution of newer technologies and high-end equipments and tool. With the metamorphosis of criminal-activities from physical world to digital realm, a perpetrator can easily plan, execute and accomplish a crime without being actually physically present at the site of crime, thus making it difficult for investigators, law enforcement officials and traditional legal systems completely depending on physical evidence to recognize the real culprit or to determine guilt and decide the degree of punishment. Using a desktop system or a laptop or even a Smartphone, the criminal can exploit the power of internet, Bluetooth ,Wi-Fi technologies , 4G data-transfer speeds and web-servers to execute an unlawful act sitting miles away from the place where the actual crime happens thereafter leaving absolutely no physical trail of the execution of the offence. Under these conditions, it becomes imperative to utilize digital footprints as they are the only way to determine the factuality of execution of an unlawful act and to identify the real culprit. As the guiding principle of IPC goes "Innocent until proven guilty", digital footprints have to be given their rightful due in the existing Judicial system to help in confirming execution of an unlawful act, detecting the actual culprit and determining the amount of punishment. This paper attempts to highlight the significance of digital footprints and usage of the same by the existing Justice Systems to corroborate, attest and substantiate the execution of an unlawful act.

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 IMPLEMENTATION OF INDONESIAN POLICE (POLRI) TASK IN CHANGING ERA: A PARADIGMATIC STUDY ON THE MODEL OF COMMUNITY PERPOLISM (POLMAS), LEGAL ENFORCEMENT AND LOCAL FUNCTION

2019 ◽  
Vol 6 (1) ◽  
pp. 125
Author(s):  
Rudy Cahya Kurniawan
Keyword(s):  
Law Enforcement ◽  
Influencing Factors ◽  
Legal System ◽  
Criminal Policy ◽  
Local Function ◽  
Legal Enforcement ◽  
Paradigmatic Analysis ◽  
Law Enforcement Officials ◽  
Analytical System ◽  
Safe And Orderly Environment

Before Society Police was carried out the community still complained about the police's performance which was not maximal in overcoming and minimizing the security of criminal acts within the community itself, so it was hoped that with the establishment of Society Police, Society Police could help the police in dealing with crime around the community so safe and orderly environment. The writing of this dissertation is essentially focused on the implementation of Polri's duties in the changing era with a paradigmatic analysis of the model of Society Police (Polmas), law enforcement and local wisdom. This effort requires cooperation between law enforcement officials. The thing that needs to be understood from the Polmas model above is the pattern of the legal system towards the implementation of Indonesian Police duties related to Society Police and problems relating to the community, especially related to solving small problems such as security and order in the community through Society Police and influencing factors the implementation of Society Police in creating a conducive society security situation . The theory or concept of criminal policy is used as the analytical system.

scholarly journals Citizen Lawsuit in Environmental Cases

Lentera Hukum ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 285
Author(s):  
Abdul Fatah
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Legal System ◽  
Environmental Law ◽  
Legal Rules ◽  
Environmental Disputes ◽  
Chief Justice ◽  
Law Enforcement Officials

The citizen law suit is one of the effective alternatives for the environmental law enforcement. The citizen lawsuit in environmental disputes has been regulated in the PPLH Law specifically Article 91 paragraph (1) and the Chief Justice of the Indonesian Supreme Court Number 36/KMA/SK/II/2013 concerning the Implementation of Guidelines for Handling Environmental Cases. However, there are no specific rules governing citizen lawsuits in Indonesia because it’s not widely known in the Indonesian legal system. This paper argues that there are three main constraints to the practice of citizen lawsuits in environmental cases, namely: (1) the absence of legal rules that specifically regulate citizen lawsuits, especially the reading mechanism; (2) lack of understanding of law enforcement officials (especially judges) regarding citizen lawsuits; and (3) lack of environmental-certified judges in Indonesia, especially in regions. Keywords: Citizen Lawsuit, Environment, Government

scholarly journals KONTRIBUSI HAKIM PEREMPUAN DALAM PENEGAKAN HUKUM DI INDONESIA

Asy-Syari ah ◽  
2015 ◽  
Vol 18 (1) ◽  
Author(s):  
Djazimah Muqoddas
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Code Of Conduct ◽  
Ethical Code ◽  
Critical Study ◽  
Women Judges ◽  
Good Imaging ◽  
Law Enforcement Officials ◽  
Religious Courts

This article describes the contribution of female judges in law enforcement in Indonesia through the approach of a critical study of the Koran interpretation letter al-Nisâ’ verse 34 and an explanation of the hadiths of the Prophet Muhammad SAW who describes the position of women as judges in the judiciary. So this article will be focused on: (1) polemic female judges in religious courts; (2) female judges in the legal system in Indonesia; and (3) the position of women judges in Islamic legal system. From this discussion, the female judge is required to give good imaging as judges always give a good example to the parties and to other law enforcement officials, as long as he completed cases in the judicial sphere. However, imaging judge women as law enforcement officials so bound by a code of conduct (ethical code) and the oath of their profession.

Rapport in the real world: How law enforcement defines and builds rapport with adult witnesses and suspects

2013 ◽  
Author(s):  
Jonathan P. Vallano ◽  
Jacqueline Evans ◽  
Jenna Kieckhaefer ◽  
Nadja Schreiber Compo
Keyword(s):  
Law Enforcement ◽  
Real World ◽  
The Real
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