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Law Enforcement Domestic Offender Violenc: Domestic Violence Undang Abdul Mutolib; Nanun Abdillah; Asep Irfan
AHKAM Vol 2 No 2 (2023): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i2.1260

Abstract

Domestic violence according to Law Number 23 of 2004 is any act against a person, especially women, which results in physical, sexual, psychological, and/or domestic misery or suffering including threats to commit unlawful acts, coercion, or deprivation of independence within the scope of the household. This paper aims to find out how to enforce domestic violence or domestic violence laws. The method used is a descriptive method of analysis, which is to explore information that is in accordance with events in the field through the person concerned or respondent. while the approach used in this study is a qualitative approach. The results of this study show that the Law on Domestic Violence enforced through Law No. 20 of 2003 until now has not been fully enforced effectively to provide protection to victims of domestic violence. Various sociological factors that cause the ineffectiveness of law enforcement include the absence of a common paradigm among law enforcement officials regarding the protection of victims of domestic violence, uneven socialization of legal provisions, unbalanced legal facilities available with cases that occur, not optimal public legal awareness and friction between the values adopted by this law and the values that apply in some communities.
Fulfillment of the Right of Access to Justice Through the Application of Restorative Justice Principles for Women Facing the Law Undang Abdul Mutolib; Nanun Abdillah; Asep Irfan; Imam Sucipto; Mujio Nurkholis
Zona Law And Public Administration Indonesia Vol. 1 No. 1 (2023): JULY 2023
Publisher : Yayasan Mentari Madani

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Abstract

The right to obtain justice is a human right that must be respected, protected, and fulfilled by the state. "However, currently the fulfillment of the right to obtain justice is still far from expectations. The research method used is normative juridical or literature research related to normative legal substance, to find truth based on scientific logic viewed from the normative side by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study show that in prosecuting women facing the law, judges have considerations based on the facts at trial, exploring the values that live in society, international conventions and agreements related to gender equality that have been ratified. The state makes regulations for judges as a guideline in prosecuting women against the law, to ensure gender equality, equal protection and non-discrimination