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HUMAN RIGHTS AND LEGAL PROTECTION FOR VICTIMS OF RAPE IN INDONESIA'S LEGAL FRAMEWORK Siti Syahida Nurani
Khairun Law Journal Vol 5, No 1 (2021): September 2021
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i1.3769

The issue of Human Rights (HAM) is becoming an increasingly important agenda, the international community continues to urge all member states of the United Nations to take various steps and actions, including making laws to eliminate discrimination and violence against women. Indonesia's policy to ratify the global law mentioned above, is suspected by the rampant problems of violence faced by almost every nation and country on this earth. The research methodology used is library research which is carried out by searching, taking an inventory and studying laws and regulations, doctrines, and other secondary data, which are related to the focus of the problem. in the legal framework Indonesia has provided guarantees for human rights (both women and men) as stated in the second amendment of the 1945 Constitution of Article 28 A-J and Law No. 39 of 1999 on Human Rights. UU no. 7 of 1984 concerning the Elimination of Discrimination Against Women or the Ratification of the Women's Convention, which states that the state will make maximum efforts to eliminate all forms of discrimination against women, including violence against women, in particular sexual violence is regulated in the Child Protection Law and the Criminal Code, while other forms of protection for victims of sexual crimes.

Execution of Fiduciary Collateral Based on the Decision of the Constitutional Court Number 18/PUU-XVII/2019 Sofyan Wimbo Agung Pradnyawan; Siti Syahida Nurani; Arief Budiono; Sasongko Sasongko
Indonesian Journal of Law and Policy Studies Vol 1, No 2 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i2.3165

The Constitutional Court responded to the existence of a debt collector who had been very unsettling by the Constitutional Court by issuing Decision Number 18/PUU-XVII/2019 dated January 6, 2020. Based on the request for a judicial review of Law 42/1999 submitted by husband and wife Apriliani Dewi and Suri Agung Prabowo . Apriliani is a fiduciary who experiences direct losses as a result of creditors' withdrawal of the object of fiduciary security in the form of a car. Both applicants are declared to have legal standing in submitting a request for a judicial review. The Constitutional Court granted it with Decision Number 18/PUU-XVII/2019. In this decision, the execution mechanism for the fiduciary guarantee object was changed by the Constitutional Court as long as it was not provided voluntarily by the debtor. Previously, the Fiduciary Law allowed creditors to execute the object of fiduciary collateral themselves, but now to carry out the execution, creditors must submit an application to the District Court. However, the implementation of direct execution by the creditor without going through the District Court can be done if the debtor admits that there is a default or default in his agreement with the creditor.

The National Narcotics Agency of Kupang City’s Ideal Method for Handling Drug Abuse Nurdin Nurdin; Ahmad Yusuf Fatah; siti syahida Nurani; Arief Budiono; Satria Akbar
Jurnal Hukum Volkgeist Vol 6 No 2 (2022): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i2.1395

This paper discussed the ideal method for resolving cases of drug abuse by the National Narcotics Agency of Kupang City, East Nusa Tenggara, Indonesia. This study used a sociological juridical approach that is based on the provisions of laws and regulations related to legal theories. It sees the reality that occurs in society, namely the method to resolve the drug abuse issues. The results of the research showed that in handling cases of drug abuse, the National Narcotics Agency of Kupang City carried out the processes of investigation, the transfer of the case to the public prosecutor, and its transfer to the district court. Drug abusers who were red-handedly caught may obtain medical and social rehabilitation based on the judicial decision. It is concluded that the National Narcotics Agency of Kupang City has undergone ideal methods in handling cases of drug abuse.

Women Protection and Decision of Customary Justice on The Ride of Cross Action (Women Protection Based On Law And Customary Justice In Atambua) Siti Syahida Nurani; Absori Absori; Khudzaifah Dimyati; Kelik Wardiono; Wafda Vivid Izziyana
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.896.89-100

Rape can be occured in all women from all side of life, occupations, age, and marital status, which was done alone or abuzz. The perpetrators of violence also come from various circles, work, age, social class and marital status. In this case, the number of women violence against in Atambua is quite high. Sexual abuse cases and sexual harassment turned out most of the perpetrators are still related to blood with victims, such as biological father, siblings, uncle and neighbors. The cases of sexual assault against women in Atambua are resolved in customary. However, any form of resolution, the act of violence of rape against viewed from various aspects still must be responded as a criminal act, for example the custom settlement of tallitan tafani still apply penal sanction in the form of penalty as one of the effort of restoration of good name, and also dignity for the victim.

HUMAN RIGHTS AND LEGAL PROTECTION FOR VICTIMS OF RAPE IN INDONESIA'S LEGAL FRAMEWORK Siti Syahida Nurani
Khairun Law Journal Vol 5, No 1 (2021): September 2021
Publisher : Faculty of Law, Khairun University

The issue of Human Rights (HAM) is becoming an increasingly important agenda, the international community continues to urge all member states of the United Nations to take various steps and actions, including making laws to eliminate discrimination and violence against women. Indonesia's policy to ratify the global law mentioned above, is suspected by the rampant problems of violence faced by almost every nation and country on this earth. The research methodology used is library research which is carried out by searching, taking an inventory and studying laws and regulations, doctrines, and other secondary data, which are related to the focus of the problem. in the legal framework Indonesia has provided guarantees for human rights (both women and men) as stated in the second amendment of the 1945 Constitution of Article 28 A-J and Law No. 39 of 1999 on Human Rights. UU no. 7 of 1984 concerning the Elimination of Discrimination Against Women or the Ratification of the Women's Convention, which states that the state will make maximum efforts to eliminate all forms of discrimination against women, including violence against women, in particular sexual violence is regulated in the Child Protection Law and the Criminal Code, while other forms of protection for victims of sexual crimes.

Sosialisasi Potensi Keberagaman dan Semangat Toleransi di Kelurahan Sulamu Kabupaten Kupang Zainur Wula; Hadjrah Arifin; Siti Syahida Nurani; Wellem Nggonggoek; Bacotang Bacotang
Amalee: Indonesian Journal of Community Research and Engagement Vol 2 No 2 (2021): Amalee: Indonesian Journal of Community Research and Engagement
Publisher : LP2M INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/amalee.v2i2.926

Multicultural diversity is a fact of life that exists in Indonesian people's lives which is the greatest gift of God should be maintained. By engaging the Bajo tribal community in the Sulamu village of Kupang, province East Nusa Tenggara, who share the livelihood in the village with people of different tribes and religions, this community service is methodologically carried out by doing socialization. The important objective of the socialization was to obtain the communal understanding within the Bajo ethnic community about the potential for diversity in order to realize the spirit of tolerance in Sulamu Village. By participating in the program, the Bajo people, who are all Muslims in religion, gain knowledge in increasing their insight into thinking and realizing harmonious relationships and mutual understanding in building peace, unity, integrity, and prosperity. Keberagaman multikultural merupakan fakta kehidupan yang ada dalam kehidupan masyarakat Indonesia dan merupakan anugerah Tuhan yang paling besar untuk dijaga. Dengan melibatkan masyarakat Suku Bajo di Desa Sulamu Kupang Provinsi Nusa Tenggara Timur yang hidup di desa tersebut dengan masyarakat beragam suku dan agama, program ini dilakukan dengan melakukan sosialisasi. Tujuan penting dari sosialisasi tersebut adalah untuk memperoleh pemahaman komunal dalam masyarakat etnis Bajo tentang potensi keragaman dalam rangka mewujudkan semangat toleransi di Desa Sulamu. Dengan mengikuti program tersebut, masyarakat Bajo yang beragama Islam memperoleh pengetahuan dalam meningkatkan wawasan berpikir dan mewujudkan hubungan yang harmonis dan saling pengertian dalam membangun perdamaian, persatuan, kesatuan, dan kesejahteraan.

Legal Protection for Rape Victims in Indonesia: Seeking an Ideal Concept Aida Dewi; Khudzaifah Dimyati; Natangsa Subakti; Absori Absori; Siti Syahida Nurani
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This paper analyzes and provides advice on legal protection for rape victims in Indonesia in transcendental, restorative law, and responsive law perspectives. These perspectives are compared and combined in an effort to seek an ideal concept. The implication of this paper is to provide advice for an ideal concept of legal protection for victims of rape in an Indonesian context. This paper uses a normative juridical approach with a legal interpretation method. This paper concludes that law enforcement against perpetrators of rape in the Indonesian context can employ transcendental, restorative law, and responsive law approaches. However, in an effort to find an ideal concept, the transcendental perspective of maṣlaḥah mursalah which considers benefits for the public and prevents harm is more suitable for use in Indonesia’s pluralistic society. This is because, in addition to emphasizing moral, ethical, and religious values in law enforcement, the approach will prevent recurrence of cases through handing out severe punishment to perpetrators of rape and providing physical and psychological rehabilitation to victims to make it in line with restorative justice in which victims get the right to recover physically and mentally without reducing the punishment for rape perpetrators.

Domestic Violence in the Criminology and Victimology Perspectives: Case Study in Kupang, East Nusa Tenggara Siti Syahida Nurani; Dyah Adriantini Sintha Dewi; Joel Rey Acob Ugsang; Nurdin Nurdin; Heru Santoso Wahito Nugroho
Varia Justicia Vol 18 No 2 (2022): Vol 18 No 2 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i2.6856

The state controls the interaction of family members within the scope of the household through Law Number 23 of 2004 on the Elimination of Domestic Violence. Domestic violence cases often happen in Kupang City, East Nusa Tenggara, Indonesia. This paper analyzes domestic violence in the criminology and victimology perspectives. This study uses the qualitative method with an empirical juridical approach. Based on the results of the discussion, in the criminological perspective, domestic violence is a crime in the form of an expression of physical or verbal strength that reflects aggressive actions and attacks one’s freedom or dignity. In the perspective of victimology, the role of the victim is the basis for the emergence of violence, which impacts the physical, psychological, and social aspects. In Kupang, domestic violence cases are usually triggered by victims, i.e. provocative victims. Thus, both victims and perpetrators are responsible. While in other cases, the position of the victim as the basis for the emergence of domestic violence does not exist at all.

Capturing The Bride Culture In Sumba, East Nusa Tenggara: A Victimological Analysis Siti Syahida Nurani; Angkasa Angkasa; Arief Budiono; Nurdin Nurdin; Dyah Adriantini Sintha Dewi
Jurnal Dinamika Hukum Vol 23, No 2 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.2.3637

The Sumba people has a culture called ‘capturing the bride’ (kawin tangkap), where a man captures the woman he will marry. But its practice has deviated and it became full of intimidation. This paper aims to analyze the ‘capturing the bride’ practice of Sumba people from the victimological perspective. This was descriptive qualitative research. Results show that the current form of ‘capturing the bride’ is a form of violence against women. The violence experienced by ‘capturing the bride’ victims is motivated by a created opportunity and a man’s idealized need to marry a woman. From the victimological perspective, based on Mendelshon’s theory on the degree of victims’ fault, the above victims are completely innocent victims. Based on Schafer’s concept on victim responsibility, they are categorized as biologically and socially weak victims. Then, if related to Fattah’s theory on victim involvement, they are categorized as non-participating victims.

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