scholarly journals SINKRONISASI DAN DIFERENSIASI PUTUSAN HAKIM DALAM PENYELESAIAN KASUS-KASUS KEKERASAN DALAM RUMAH TANGGA

Author(s):  
Tjokorda Istri Putra Astiti

This study specifically aims to assess synchronization and differentiation between the judge's decision, both horizontally and vertically, especially with regard todomestic violence cases. In addition, this study also intends to study about rule  whichare  applied by the Judges on the cases, and  reveal whether the  decision  under reviewreflects the gender justice This research is a legal normative research using case approach which wasexamined by studying the Judge’s decision in concrete cases, especially with regard todomestic violence. The number of decisions that were examined are six decisions whichconsists of three decisions of the District Court (Pengadilan Negeri) and  threedecisions  of the High Court (Pengadilan Tinggi). The decisions are determined bypurposive sampling.  Based on the analysis of the six decisions mentioned above ,  can be concludedas following:1)  The rule applied by the judge in hanling the concrete cases  regarding domestic violence particularly violence against women is on the Domestic Violence Act ( ActNo. 23/2004 ) with the application of a kind of sanction of imprisonment rangingfrom 1-3 months, that varied there the defendant was arrested some are droppedwith conditional (pidana bersyarat) (not being held prisoner) 2)  Among the three decisions of the District Court and the three decitions of the HighCourt which have analysed,  in one hand show synchronization and the other hand show differentiation.  In this case, synchronization and differentiation  can be seen vertically (between the District Court and the High Court decision), andhorizontally (between the District Court to each other) or between the decision ofthe High Court to each other).  3)  That the decision of the District and the High Court,  either have reflected gendersensitively and gender equity.

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 


2016 ◽  
Vol 3 (01) ◽  
Author(s):  
Shlesha Singh ◽  
Mrinalini Pandey

Organizations are these days realizing the importance of women in the workforce and to tap that talent, organizations are now-a-days putting extra efforts. Workplaces were designed keeping men in mind and which has been intercepting women from continuing the competitive jobs and career along with the family responsibilities. On the other hand, there are various workplace barriers which are adding to the other problems. Women face several barriers at the workplace like sexual harassment, glass ceiling and gender stereotype.


2012 ◽  
Vol 45 (2) ◽  
pp. 267-289 ◽  
Author(s):  
Yifat Bitton

The decision in Noar Kahalacha, an anti-segregation in education case that was recently delivered by the Israeli High Court of Justice, has been ‘naturally’ celebrated as the ‘Israeli Brown’. But is it? This article points to the differences between the monumental US Supreme Court decision of Brown and the Israeli Brown-equivalent – Noar Kahalacha. It contends that the two cases bear differences that stem from the divergent patterns of discrimination they represent, and that they reflect these differences squarely. The discrimination patterns reflected by the cases differ by virtue of traits that are traditionally overlooked in antidiscrimination theoretical analysis. Comparing the two cases, therefore, allows us an opportunity to revisit the notion of discrimination and its antidote, antidiscrimination. Drawing on the dichotomous concepts of de jure/de facto discrimination and difference/sameness discrimination, the article shows how these dual theoretical notions are determinative in shaping the distinctiveness of each of these cases. While the African American victims in Brown were easily recognised as a distinctive group suffering from de jure discrimination, the Mizrahi victims in Noar Kahalacha – who suffer from de facto discrimination within a Jewish hegemonic society – lacked such clear recognition. Accordingly, the discrimination narrative that Noar Kahalacha provides is very incomplete and carries only limited potential for effective application in future struggles to eliminate discriminatory practices against Mizrahis in Israel. Brown, on the other hand, carries a converse trait. Though criticised, Brown, nevertheless, strongly signifies the recognition by White America of its overarching discriminatory practices, and implies a genuine dedication to break from it. This understanding further illuminates the limitations embedded in the possibility of ‘importing’ highly contextual antidiscrimination jurisprudence from abroad into our system's highly contextual reality of discrimination.


Author(s):  
Lee Demetrius Walker ◽  
Melissa Martinez ◽  
Christopher Pace

Abstract Building on research that applies the policy deference model to high court decision-making during external war, we propose that conflict intensity, political government's preference on liberalization, and the gender of appellant impact the manner in which courts follow policy deference during internal war in transitioning countries. Contextually, we argue that shifts in women's roles and gender relations during internal conflict in transitioning societies condition the manner in which civilian courts make decisions on civil and political rights cases. During external war in advanced democracies, policy deference infers that courts will rule more conservatively on civil and political rights cases. Using habeas corpus cases as a representation of civil and political rights’ protection from El Salvador's civil war period (1980–1992) and two measures of conflict intensity, our findings indicate that the court's decision-making process deviates from conventional expectations derived from the policy deference model in three ways: (1) conflict intensity solely affects the court's decision-making on habeas corpus cases involving men; (2) the political government's choice for political liberalization affects the court's decision-making on both women and men cases; and (3) gender conditions the manner in which policy deference applies in a society that is experiencing societal change.


2014 ◽  
Vol 14 (2) ◽  
pp. 243-288
Author(s):  
Stefan Keine ◽  
Trupti Nisar ◽  
Rajesh Bhatt

We describe and analyze the previously undocumented verbal agreement system of Kutchi (Indo-Aryan). We argue that Kutchi instantiates a novel type of split ergativity. First, it exhibits an aspect split in that agreement in non-perfective clauses behaves on a par with agreement in intransitive perfective clauses, in stark contrast to transitive perfective clauses. A striking property of Kutchi is that these asymmetries manifest themselves in the richness of agreement. In the former configurations, the verb agrees with the subject for person, number and gender. In the latter, on the other hand, agreement is systematically defective and reliable fails to cross-references certain φ-features. In addition to this aspect split, Kutchi displays a person split: While the verb normally agrees with the subject, it surprisingly fails to do so in transitive perfective clauses with a 1st person subject. Instead, it is the object that triggers agreement in these configurations, likewise in a defective manner. We will argue that these agreement asymmetries are syntactic in nature rather than morphological. Our analysis builds on, and extends, previous work by Laka (2006) and Coon (2010).


2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.


2020 ◽  
pp. 101269022097971
Author(s):  
Cathy van Ingen

This article presents a biographical narrative of Christy Martin, a former world champion boxer who survived being stabbed and shot by her trainer/husband. Rooted in a sociological imagination, this biographic research chronicles Martin’s boxing career and its entanglements with gender-based violence. The boxing industry has a widely acknowledged, yet under-reported, problem with men’s violence against women. This article aims to illustrate that women’s boxing should be critically examined for the ways in which it functions both as a site of and a sanctuary from gender-based violence. Within this paper, I draw from media coverage of Christy Martin’s boxing career, over 700 pages of transcripts from the subsequent criminal trial, an interview with Martin, as well as my own research in women’s boxing, including work with survivors of domestic violence.


2021 ◽  
Vol 58 (1) ◽  
pp. 5044-5051
Author(s):  
Dr. Lama Majed Al-Qaisy

This paper focuses onidentifying the attitudes of the students of Tafila Technical University towards distance learning. The study sample consisted of 314 undergraduate students for the academic year 2020/2021. The results of the study show that students’attitudes toward distance learning were positive. As for the difference between students’ attitudes and study variables, it was found that there were no differences between students’attitudes towards distance learning and gender (males and females). On the other hand, differences were found due to the type of college and were in favor of the scientific colleges.


2017 ◽  
Vol 3 (3) ◽  
pp. 685
Author(s):  
Susanne Valerie Granzer

When acting, the actor/actress experiences a complex regime of signs in his/her body, mind, mood and gender. These signs are both disturbing and promising. On the one hand, the act of creativity makes a wound obvious which has been incarnated within man. It tells him/her that he/she is not the sole actor of his/her actions. On the other hand, precisely this way acting on stage becomes an event. The act of this event reveals a way of be-coming in which one acts while at the same time being passive, in which the actor/actress is both agent and patient of his/her own performance. This complex artistic experience catapults actors/actresses into an open passage, into an in-between where they are liberated from the illusion of being the sole actors of their performances. One might even say that by this turn an actor/actress experiences a change, an “anthropological mutation” (Agamben). Or, to have it differently: the artist suffers a kind of “death of the subject”.It is remarkable that this loss of the predominance of subjectivity is a crucial aspect of acting which may affect the audience in a particularly intensive way. Why? Perhaps because it updates an extremely intimate connection between audience and actors/actresses which vicariously reflects the in-between of life and death. A passage by which life presents itself as itself? Life – by its plane of immanence?


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