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All Journal International Journal of Law Reconstruction Varia Justicia
Dewi Bunga
Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar
Law, Crime, Criminology & Criminal Justice Other

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The State's Responsibility in Protecting Children in Online Schools during the Covid-19 Pandemic Dewi Bunga
Varia Justicia Vol 17 No 3 (2021): Vol 17 No 3 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i3.5923

Abstract

The number of violence against children seen increases during Covid-19 pandemic, which requires the students to carry out learning activities remotely. This condition causes children to feel burdened, often the parents feel the impact, while they have routine tasks and work. This condition causes parents abuse their children, both physically and psychologically. The purpose of this study is to analyze the recent Indonesian Government policy regarding the fulfillment of children's rights especially on the online learning process during the pandemic. This study used normative legal research with statute approach. The results shows that the state has an obligation to protect children from violence which set out through penal and non-penal policies. However, penal policies that imposed to the parents and teachers are inappropriate rather than implementing the preventing action (non-penal policies). Lastly, psychological counselling provided by the government and psychological consultant needs to be given regularly to the teachers and parents as a better solution to tackle the issues.
The Covid 19 Pandemic as a Strain in Increasing Domestic Violence (An Overview of Restorative Justice in Sustainable Crime) Ni Nyoman Juwita Arsawati; I Made Wirya Darma; Ni Gusti Agung Mas Triwulandari; Dewi Bunga
Varia Justicia Vol 18 No 1 (2022): Vol 18 No 1 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i1.6861

Abstract

The COVID-19 pandemic has become a global pandemic that has changed the order of human life in almost all parts of the world. Indonesia is also one of the countries affected by the Covid-19 pandemic. The Indonesian government has established public policies to prevent the spread of the COVID-19 virus, one of which is the policy on limiting community activities by diverting work to be done from home (Work from Home). The pandemic condition has an impact on increasing cases of domestic violence. Various factors can cause domestic violence during the pandemic, the main one is the economic factor. This study aims discusses the Covid-19 pandemic as a "strain" that triggers domestic violence, the state's response to domestic violence, and restorative justice in resolving domestic violence. This research is a normative juridical research that examines the problems of various legal theories. The study was conducted on the prospect of restorative justice in resolving cases of domestic violence as sustainable violence. The analysis was carried out qualitatively. Domestic violence that occurred during the pandemic was caused by "strain" including a decrease to loss of income, boredom from having to be at home, sick conditions and so on. The increasing number of domestic violence cases during the pandemic requires handling using the principle of restorative justice with a penal mediation mode. This problem solving model is carried out by bringing together perpetrators and victims and finding a middle way to solve the problems they face. This out-of-court settlement is believed to be more effective considering that the perpetrator and the victim have an inner relationship based on love that prioritizes the integrity of the household. Restorative justice with penal mediation does not yet have regulators and categories in criminal law, including Law Number 23 of 2004 concerning the Elimination of Domestic Violence, within the limits or levels of violence whose resolution can be carried out using the concept of restorative justice.
VICTIM BLAMING: LABELING FOR WOMEN VICTIMS OF SEXUAL VIOLENCE IN HUMAN RIGHTS PERSPECTIVE I Made Wirya Darma; I Gusti A A Mas Triwulandari; Dewi Bunga
International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i2.23887

Abstract

The problem of blaming victims is related to the strong traditions and culture of the community that still perpetuate gender stereotypes. This study aims to examine the implications of patriarchal culture on the position of women as subordinates, the concept of blaming the victim against the women victims of sexual violence and human rights studies on victim blaming and labeling for women victims of sexual violence. The culture of gender injustice in the society makes women often get negative labels, in which the women who look beautiful and dress up using rather tight and sexy clothes are always considered as inviting the opposite sex to commit sexual harassment. This is then always used and associated with labeling of victims of sexual harrasment in which the society tends to blame victims of sexual harrasment or victim blaming. This type of research is a normative juridical research that is prescriptively providing solutions to the legal protection for victims related to victim blaming and labeling women as victims of sexual violence in the view of human rights that difinitely violates the constitution and law.
Co-Authors I Gusti A A Mas Triwulandari I Made Wirya Darma Ni Gusti Agung Mas Triwulandari Ni Nyoman Juwita Arsawati, Ni Nyoman Juwita