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.

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 Psychological impact in the time of COVID-19: A cross-sectional population survey study during confinement

2021 ◽  
pp. 135910532098558
Author(s):  
Carmina Castellano-Tejedor ◽  
María Torres-Serrano ◽  
Andrés Cencerrado
Keyword(s):  
Chronic Conditions ◽  
Population Survey ◽  
Psychological Impact ◽  
Survey Study ◽  
Psychological Interventions ◽  
Community Based ◽  
Cross Sectional ◽  
Young Females ◽  
The World ◽  
The Impact

The transformation that COVID-19 has brought upon the world is unparalleled. The impact on mental health is equally unprecedented and yet unexplored in depth. An online-based survey was administered to 413 community-based adults during COVID-19 confinement to explore psychological impact and identify high risk profiles. Young females concerned about the future, expressing high COVID-related distress, already following psychological therapy and suffering from pre-existing chronic conditions, were those at highest risk of psychological impact due to the COVID-19 situation. Findings could be employed to design tailored psychological interventions in the early stages of the outbreak to avoid the onset/exacerbation of psychopathology.

scholarly journals Peranan Kepolisian dalam Penerapan Restorative Justice terhadap Pelaku Tindak Pidana Pengeroyokan yang Dilakukan oleh Anak dan Orang Dewasa

2019 ◽  
Vol 5 (1) ◽  
pp. 32
Author(s):  
Haryanto Ginting ◽  
Muazzul Muazzul
Keyword(s):  
High School ◽  
High School Students ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Law Enforcement Officers ◽  
School Students ◽  
Criminal Offenses ◽  
Law And Justice

<p class="1judul"><em><span>The Role of the Police in the Application of Restorative Justice to Perpetrators of Criminal Offenses Conducted by Children and Adults</span></em></p><p class="1judul"> </p><h1><span lang="EN-US">The rise of cases of brawl between high school students and even not only between high school students, but also has hit up to campuses, this often happens in big cities such as Jakarta, Surabaya, and Medan. This study aims to determine the role of the Police in implementing Restorative Justice against perpetrators of criminal acts of beating carried out by children and adults that occurred in the District of Namo Rambe District of Deli Serdang. The research method is done by using descriptive qualitative method that is normative. Based on the data obtained in the results of this study, the authors draw conclusions as follows: The criminal justice system must always promote the importance of law and justice. But there is a false view that the measure of the success of law enforcement is only marked by the success of bringing a suspect to court and then being sentenced. The measure of success of law enforcement by law enforcement officers should be characterized by the achievement of values of justice in the community. The police as a state tool that plays a role in enforcing the law is expected to be able to respond to this by implementing a Restorative Justice mechanism.<strong></strong></span></h1>

scholarly journals MERINTANGI PENGUBURAN JENAZAH COVID-19 DITINJAU BERDASARKAN PASAL 178 KITAB UNDANG-UNDANG HUKUM PIDANA

LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 104
Author(s):  
Muhammad Rezky Rinaldy Dan Syamsudin
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Code ◽  
The Body ◽  
Legal Research ◽  
Corona Virus ◽  
The World ◽  
Law Enforcement Officials ◽  
The Impact

Indonesia and even the world now feel the impact of the Corona virus outbreak (covid-19), in connection with it hindering the burial of the bodies of victims who died. The phenomenon of corpse rejection of corona virus patients (covid-19) continues to occur in various regions. In fact, the body must be buried immediately no later than 4 hours after being declared dead. The main reason people are reluctant to accept the bodies of patients co-19 because of fear of contracting. While the medical ensure that the body will not transmit the virus. The body in the coffin has been wrapped and declared sterile. The type of research used in this study is the type of normative legal research, which is a legal research method that uses a statutory approachThe results of the study showed that obstructing officers who will carry out official burials could indeed be convicted. Law enforcement officials can use Article 178 of the Criminal Code. not a complaint offense. Law enforcement officials can immediately take action without anyone complaining. "If the incident fulfills the elements contained in Article 178 of the Criminal Code, the perpetrators can be charged. However, it must look at intentions and actions as a condition for imposing a crime on someone.

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.

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 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 PENDEKATAN RESTORATIF DALAM PENJATUHAN SANKSI TINDAKAN BAGI ANAK YANG BERKONFLIK DENGAN HUKUM

2019 ◽  
Vol 2 (2) ◽  
pp. 129-143
Author(s):  
Citra
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Character Development ◽  
Law Enforcement Officers ◽  
Early Age ◽  
Legal Research ◽  
Criminal Offenses ◽  
The World ◽  
The Future ◽  
The Law

Children are the next generation of the nation, the existence of children is very important because the child is a potential fate of the nation as well as a mirror attitude of life of the nation in the future. A child who is a superior seed and has the widest hope to prepare for his future as a milestone of success of a nation in the future should not fall in the world of evil. It is unfortunate that children at an early age have been involved in criminal offenses and past their youth behind bars, increasingly contaminated with other inmates. This research was empirical legal research, that is the research on the provisions of the legislation in the national law concerning restorative approach in the imposition of action sanctions against children in conflict with law in order to keep children away from imprisonment and negative stigma in society . Addressing the issue of a child in conflict with the law should be done in a familial approach and avoiding children from prison as much as possible. The sanction of action for the child contained in Article 82 of Law Number 11 of 2012 on Criminal Justice System for Children expected to prevent the child from the negative stigma in society and keep the children from bad effects of prison. Thus the current restorative model of punishment is more applicable in handling child offenders. It is expected that law enforcement officers to pay attention to the provisions of the rules that apply to children in conflict with the law in terms of imposition of more sanctions toward education and character development of children so that the threat of imprisonment becomes the last alternative in imposing sanctions for children

scholarly journals Restorative Model: the Alternative Justice Response to the Victims of Sexual Violence

FIAT JUSTISIA ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 65
Author(s):  
Mohamad Ismail Bin Mohamad Yunus
Keyword(s):  
Sexual Violence ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Sexual Offender ◽  
Compensation Scheme ◽  
Sexual Crimes ◽  
Procedure Code ◽  
Victim Compensation

It is seen there is no proper repositioning of the victims of sexual crimes since the process of contrarian justice is only concerning the sexual offender. Alternative justice models for victims of sexual crimes by involving them in the judiciary process result is necessary to do. However, there is a command from the court for an offender in indemnification though recompensing judgment by Criminal Procedure Code is legitimated. Examining compensation for the victim and urging a legitimated system as alternative justice models for sexual criminal crimes are the aims of this study. The legitimated system as alternative justice which will be recommended in this article is mechanism suitable for justice administration in Malaysia. Through recompensing as well as indemnification, it is considered as a model that can make an impact in restorative justice as the response of alternative justice. Victim Compensation Scheme (VCS) is aimed to be formed and applied with the control of the Criminal Procedure Code too. Keywords: Response of Alternative Justice, Sexual Force Victims

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.

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