Law Enforcement Against Perpetrators of Domestic Violence in terms of Legislation and Islamic Law

The aims of the study is to find out the law enforcement against perpetrators of domestic violence in terms of legislation and islamic law. this research was conducted by examining library materials or secondary data relating to divorce on the grounds of domestic violence. Furthermore, using a normative juridical approach, it is intended to get clarity about divorce on the grounds of domestic violence. The result shows that the criminal law policy in the formulation of a system of criminal sanctions against perpetrators of a crime in domestic violence according to the provisions of the Domestic Violence Act (UUPKDRT) uses an alternative formulation system type. Criminal sentences in the form of imprisonment or fines with minimum and maximum rules. In Article 44 (physical violence), Article 45 (psychological violence), and Article 49 (neglect) there is no stipulation of a criminal minimum limit that only mentions a maximum limit

Download Full-text

Criminalization on Husband Wife Relationship towards Nushuz in the Perspective of Islamic Law and Criminal Code

Issues in Social Science ◽

10.5296/iss.v4i2.10494 ◽

2016 ◽

Vol 4 (2) ◽

pp. 64

Author(s):

Oom Mukarromah ◽

Asep Ubaidillah

Keyword(s):

Domestic Violence ◽

Criminal Law ◽

Research Method ◽

Islamic Law ◽

Physical Violence ◽

Criminal Code ◽

Normative Approach ◽

Positive Law ◽

The Family ◽

The Subject

The purpose of this study was to determine the criminalization law of nusyuz behavior both in Islamic law and the Criminal Code, and to know the relevance of Islamic law with the Criminal Code and Law No. 23 of 2004 in criminalization law of nusyuz behavior. The study used juridical normative approach in order to find the principle or the doctrine of positive law relevant to the issues studied, such as the opinions and ideas of jurists on the criminalization of the nusyuz behavior. This study used literature research method, which is a research conducted with data resources obtained from books or other writings relevant to the subject matter. The sources drawn from various works that discuss the problems of the family, the rights and protection of women, domestic violence and some literature on criminal law from the perspective of Islamic law and positive law. From the study, it can be concluded that: First, under the Islamic law, any form of physical violence against the wife is categorized in the form of jarimah (a criminal act) which is regulated in Islamic criminal law (fiqh jinayah). Second, in a substance, criminal law of physical violence against wife in the Domestic Violence Act is part of jarimah, a criminal act besides the soul. According to the Islamic criminal law, criminal act is classified into jarimah takzir.

Download Full-text

Enforcement of Criminal Law on Crimes of Criminal Consensus Against State Security: Learning from Indonesia

Rechtsidee ◽

10.21070/jihr.2020.7.693 ◽

2020 ◽

Vol 7 ◽

Author(s):

Roby Satya Nugraha ◽

Sri Ayu Astuti

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Secondary Data ◽

Criminal Code ◽

Criminal Sanctions ◽

Library Research ◽

Law Enforcement Officials ◽

Criminal Conspiracy ◽

Sense Of Justice ◽

Case Number

The purpose of this legal research is to explain the first discussion, namely how to implement law enforcement against criminal conspiracy (samenspanning) which has been regulated in the Criminal Code and the Criminal Procedure Code. Second How is the imposition of sanctions for criminal conspiracy charges regulated in the Criminal Code in case Number: 293K / Pid / 2016. This type of research is normative research which is descriptive-analytical in nature, using secondary data with data collection techniques through library research and processing data qualitatively, it is concluded that law enforcement against criminal conspiracy is carried out by penal measures, penal measures are one of the efforts to enforce the law or all actions taken by law enforcement officials that focus more on eradication after a crime is committed under criminal law, namely criminal sanctions which constitute a threat to the perpetrator. The stages in this way include investigation, further investigation, prosecution, and so on, which in this case is part of criminal politics. The functionalization of criminal law is an effort to tackle crime through rational criminal law enforcement with the aim of creating the fulfillment of a sense of justice and efficiency. The imposition of sanctions Criminal sanctions imposed if a person has been proven to have committed a criminal act of treason can be punished with a criminal sentence contained in Article 106 of the Criminal Code with the threat of life imprisonment or twenty years in prison.

Download Full-text

Domestic Violence and Postpartum Depression

Jurnal NERS ◽

10.20473/jn.v15i2.16930 ◽

2020 ◽

Vol 15 (2) ◽

pp. 135

Author(s):

Winnellia Fridina Sandy ◽

Djaswadi Dasuki ◽

Elli Nur Hayati ◽

Suhariyanto Suhariyanto

Keyword(s):

Domestic Violence ◽

Postpartum Depression ◽

Sexual Violence ◽

Physical Violence ◽

Secondary Data ◽

Cross Sectional Study ◽

Psychological Violence ◽

Chi Square ◽

Cross Sectional ◽

Central Java

Introduction: Domestic violence occurs at all levels of society. Evidence shows that sexual, physical and psychological violence are predisposing factors of postpartum depression. This study was aimed to determine the relationship between domestic violence and postpartum depression.Methods: This research adopted quantitative method through observational with a cross-sectional study design by analyzing secondary data from SEHATI longitudinal surveillance. A total of 232 women was selected as sample using a purposive sampling method, with the sample criterion being mothers with children <2 years old located in Purworejo District, Central Java, consisting of 16 sub-districts and 494 villages. The data obtained were analyzed using the chi square statistical test and binomial regression test.Results: The results of the quantitative data showed that physical violence against postpartum depression (PR = 1.7; 95% CI = 1.23-2.38), psychic violence against postpartum depression (PR = 1.9; 95% CI = 1.44-2.54), and sexual violence against postpartum depression (PR-2.0; 95% CI = 1.54-2.65). The result of the qualitative data showed that postpartum depression occurred due to domestic violence.Conclusion: Physical, psychological and sexual violence in the household are significantly related to postpartum depression.

Download Full-text

Kontribusi Teori Sanksi dan Asas Pembuktian terhadap Jarîmah Korupsi di Indonesia

ISLAMICA Jurnal Studi Keislaman ◽

10.15642/islamica.2015.9.2.479-502 ◽

2016 ◽

Vol 9 (2) ◽

pp. 479

Author(s):

Nasrullah Nasrullah

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Islamic Law ◽

Indonesian Government ◽

Criminal Sanctions ◽

History Of

Islamic law consists of a set of norms, principles and rules of law enforcement, dealing with the eradication of corruption. In the history of Islamic law, there have been the theories and principles of Islamic law, such as the theory of jawâbir, zawâjir, and the principle of min ayn lak hâdhâ (known as the reversed evidence) regarding the application of criminal sanctions of corruption. The application of criminal sanctions of corruption in Indonesia, especially with regard to the principle of reversed evidence has not been well-formulated. For the perfection of legislation in combating corruption, it is possible for the Indonesian government to amend the existing legislation, in order to make the country free from corruption. This paper focuses on the study of theoretical contributions on sanctions and the principle of proof evidence in Islamic criminal law to be transformed into criminal sanctions of corruption in Indonesia, which refers to the theory of jawâbir, zawâjir, and the principle of min ayn lak hâdhâ, which had been done previously by the caliph ‘Umar b. al-Khattâb and succeeded in preventing and combating corruption.

Download Full-text

PENEGAKAN HUKUM PIDANA DALAM MENANGGULANGI TINDAK PIDANA PENCEMARAN LINGKUNGAN SUNGAI CITARUM MELALUI PENDEKATAN RESTORATIVE JUSTICE

Jurnal Soshum Insentif ◽

10.36787/jsi.v3i2.264 ◽

2020 ◽

Vol 3 (2) ◽

pp. 160-170

Author(s):

T. Subarsyah

Keyword(s):

Law Enforcement ◽

Restorative Justice ◽

Criminal Law ◽

Environmental Conditions ◽

Research Method ◽

Secondary Data ◽

River Pollution ◽

Criminal Sanctions ◽

Library Research ◽

Qualitative Models

Abstract – The Citarum river pollution by corporations in a massive way makes the ecosystem of rivers to be concerned. Criminal sanctions against corporations are expressly enforced. Criminal sanctions are deemed not to meet the sense of fairness so restorative justice approach to corporations becomes an alternative. The restorative Model of justice is considered effective for the restoration of environmental conditions as a penalty rather than criminal with the nature of Ultimum Remedium. Dialogis and mediation are tools to resolve criminal issues in fairness in court Laur. The research method with a normative juridical approach is to study various laws and regulations, as well as the principles of restorative justice with the support of secondary data through library research and analyzed with qualitative models. The results of the study, the criminal law of corporate environmental crimes can be spared criminal sanctions through social and environmental fines, reducing the buildup of matters through the discretion of law enforcement, minimising economic, ecological, and social conflicts and the lives of the environment along with local wisdom. Abstrak – pencemaran sungai Citarum oleh korporasi secara masif membuat ekosistem bantaran sungai mengkhawatirkan. Sanksi pidana terhadap korporasi secara tegas diterapkan. Sanksi pidana dipandang tidak memenuhi rasa keadilan sehingga pendekatan restorative justice terhadap korporasi menjadi alternatif. Model restoratif justice ini dipandang efektif untuk pemulihan kondisi lingkungan sebagai hukuman denda ketimbang pidana dengan sifat ultimum remedium. Dialogis dan mediasi adalah alat untuk menuntaskan persoalan perkara pidana secara berkeadilan di laur pengadilan. Metode penelitian dengan pendekatan yuridis normatif yakni menelaah berbagai peraturan dan perundang-undangan berlaku, serta asas-asas restorative justice dengan dukungan data sekunder melalui teknik studi pustaka (library research) dan dianalisis dengan model kualitatif. Hasil penelitian, hukum pidana kejahatan lingkungan korporasi dapat terhindar sanksi pidana melalui denda sosial dan lingkungan, mengurangi penumpukan perkara melalui diskresi penegak hukum, minimalisir kerugian ekonomi, ekologis, dan konflik sosial serta lestarinya lingkungan hidup seiring dengan kearifan lokal.

Download Full-text

Reconstruction of the Criminal System in Corruption

Law Research Review Quarterly ◽

10.15294/snh.v5i01.29706 ◽

2019 ◽

Vol 5 (1) ◽

pp. 93-106

Author(s):

Robiatul Adawiyah

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Ad Hoc ◽

Secondary Data ◽

Criminal Sanctions ◽

The Government

Corruption crimes is an iceberg phenomenon whose cases increase every year in Indonesia. The crime is carried out by person, groups of people, and corporations. Sadly, the perpetrators of corruption are also dragging the government or authorities, both executive, legislative, and judicial institutions. Policy by policy has been issued and there are even ad hoc institutions and special courts that handle these crimes. But in fact, this problem still not over, so there are indications that policies have not succeeded in overcoming corruption. The problems that have troubled the nation are very important to be studied scientifically. Reconstruction is needed for law enforcement efforts to deal with criminal acts of corruption, especially in its criminal system. This study aims to determine the criminal system of corruption and the reconstruction of the criminal system on corruption. This study uses a type of normative juridical research with the specification of the research is descriptive analytical. The data used is secondary data obtained through librarian and documentation studies which are then analyzed qualitatively. Based on the research, the results are: First, the criminal system on corruption acts refers to Law No. 39 of 1999 as amended by Law No. 20 of 2001 as its lex specialis. Second, the reconstruction of the criminal system can be directed at the rules of legislation governing material, formal, and implementing criminal law. In this case the researcher highlights criminal sanctions which include form, severity, and indicators of imposition of sanctions, and the methods of execution and coaching.

Download Full-text

Kekerasan Dalam Rumah Tangga (KDRT) Terhadap Perempuan: Perspektif Pekerjaan Sosial

KOMUNITAS ◽

10.20414/komunitas.v10i1.1072 ◽

2019 ◽

Vol 10 (1) ◽

pp. 39-57

Author(s):

Agung Budi Santoso

Keyword(s):

Domestic Violence ◽

Social Workers ◽

Violence Against Women ◽

Physical Violence ◽

Family Counseling ◽

National Commission ◽

Psychological Violence ◽

Long Term Effects ◽

Sense Of Security ◽

The Impact

National Commission on violence against women (2015) noted that violence against women showed a widespread pattern. The 2016 annual press release (Catahu) released that there were 321,752 of violence cases. The largest type of violence against women was violence in the personal sector. Violence in the form of rape was 72% (2,399 of cases), violence in the form of obscenity was 18% (601 of cases), and sexual abuse was 5% (166 of cases). The majority of personal violence victims (domestic / household) were women. The forms of domestic violence included physical violence, psychological violence, sexual violence and neglect of the household; while the main factor was the lack of communication and disharmony among family members. The impact in the short term was usually like a physical injury, disability, pregnancy, loss of work, and so forth; while the long-term effects were psychological disorders (psychiatric), loss of confidence, fend for oneself, trauma and appearance of fear to depression. The handling of domestic violence is one of the focuses of social workers to play a role in helping / assisting the recovery of victims. The social worker should be able to convince the victims to dare to express their problems, to give a sense of security, and comfort. Social workers in helping victims of domestic violence should have knowledge and alignment to the victims that the slightest violence is a form of crime against humanity. Victims of domestic violence must immediately obtain the protection, security assurance and social assistance. The efforts which can be done by social workers are counseling and family counseling. Those are done as a form of therapy so that victims do not feel the prolonged trauma and they can think calmly.

Download Full-text

KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

Wahana Akademika Jurnal Studi Islam dan Sosial ◽

10.21580/wa.v1i1.806 ◽

2016 ◽

Vol 1 (1) ◽

pp. 135

Author(s):

Eman Sulaiman

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Administrative Law ◽

Law Enforcement Agencies ◽

Criminal Sanctions ◽

Procedural Law ◽

State Administration ◽

The One ◽

Level Of Understanding

AbstractThe use of criminal sanctions as the main sanction has indicated the extent to which the level of understanding of the legislators to the problem of "crime and punishment". At least show that the limited understanding of the use of criminal sanctions also affect the determination of criminal sanctions in administrative law. "Errors" in the formulation of the implications for the difficulty and confusion in the law enforcement, because there is a gap of two disciplines, namely the criminal law on the one hand and on the other hand administrative law, which has its own procedural law. This confusion will lead to ambiguity in the resolution of cases of violation of administrative law contains criminal sanctions, whether enforcement will be carried out by law enforcement agencies within the criminal justice sisitem or whether officials of the state administration in the sphere of administration? Such circumstances, of course, will lead to the existence of legal uncertainty for the community. Kata Kunci: sanksi pidana, hukum pidana, hukum administrasi

Download Full-text

REPRESENTASI PEREMPUAN SEBAGAI SIMBOL PERLAWANAN PADA NOVEL JALAN PANJANG MENUJU PULANG KARYA PIPIET SENJA: KAJIAN FEMINISME RADIKAL

SEMIOTIKA Jurnal Ilmu Sastra dan Linguistik ◽

10.19184/semiotika.v20i2.13298 ◽

2019 ◽

Vol 20 (2) ◽

pp. 78

Author(s):

Suci Annisa Caroline ◽

Novi Anoegrajekti ◽

Heru S. P. Saputra

Keyword(s):

Domestic Violence ◽

Sexual Violence ◽

Qualitative Method ◽

Physical Violence ◽

Descriptive Analysis ◽

Radical Feminism ◽

The Novel ◽

Psychological Violence ◽

Representation Of Women ◽

Education Politics

In a dominant patriarchal culture, women are considered lower than men in many aspects such as education, politics, workplace, and the sexuality discourse. This article shows the representation of women who symbolize her resistance which is reflected in the novel entitled Jalan Panjang Menuju Pulang by Pipiet Senja. It is used qualitative method supported by descriptive analysis on the basis of theoretical of radical feminism. The results of the study show that woman (Fatin) is subjugated by men. There are physical violence, psychological violence, and also domestic violence which happened to Fatin. Hans did Sexual harassment, while sexual violence done by Frankie. Meanwhile her husband ,Rimbong, threat her and hit her. Fatin suffers psychic and also physical violence. This spouse fought for the custody right. This research discuss about how Fatin showing her resistance to the domestic violence and sexual violence. In her apartment, Fatin dares to scuffles then reports Frankie to the police. She also reveals her resistance by hiding away her child when her husband will take her child.

Download Full-text

Regulatory and legal environment of counterfeiting and prevention of domestic violence against women

Law. Human. Environment ◽

10.31548/law2021.03.017 ◽

2021 ◽

Vol 12 (3) ◽

Author(s):

Hbur Liusia ◽

Keyword(s):

Domestic Violence ◽

Gender Equality ◽

Violence Against Women ◽

Physical Violence ◽

Psychological Violence ◽

Forced Marriage ◽

World Community ◽

Wide Range ◽

Domestic Violence Against Women ◽

Istanbul Convention

The article analyzes the legal support for combating and preventing domestic violence against women. The statistics show that in 2020 the bodies and institutions entrusted with the functions of implementing measures to prevent and combat domestic violence received 211,362 complaints about domestic violence, of which – 2,756 from children, 180,921 – from women , 27 676 – from men. It is concluded that the ratification of the Istanbul Convention is still open, which currently helps all signatory states to effectively combat a wide range of phenomena, including psychological violence, physical violence, sexual violence, especially rape, forced marriage, forced abortion, forced abortion, forced abortion. genitals, crimes in the name of so-called «honor», harassment, sexual harassment, etc. In addition, the need to ratify the Istanbul Convention has been and continues to be insisted on by the world community, as by signing this Convention, Ukraine has committed itself to ratifying it in the future. It is determined that the normative-legal provision of prevention and counteraction to domestic violence against women consists of a set of international covenants, declarations and conventions, normative-legal and by-laws normative-legal acts. It has been found that the number of reports of violence against women is increasing every year, so the legislator should work to prevent any forms of domestic violence by amending the legislation governing preventive measures. Keywords: violence, women, gender equality, Istanbul Convention, domestic violence, combating violence, domestic violence, gender equality

Download Full-text