Article Per Year (5 Year)
p-Index From 2019 - 2024
0.408
P-Index
This Author published in this journals
All Journal Jurnal Suara Hukum Trunojoyo Law Review
Da Silva, Eugenia Brandao
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
A Model of Election Supervision Based on Village Judicial Institutions; A Review of Legal Anthropology in Madura Da Silva, Eugenia Brandao; Ali, Mahrus; Rohman, Khabib Syaikhu; Mashud, Mashud
TRUNOJOYO LAW REVIEW Vol 6, No 1 (2024): February
Publisher : Faculty of Law University of Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v6i1.23230

Abstract

The General Election Law has placed villages at the forefront of the election monitoring system by establishing Village Panwaslu. However, it still needs to be fully able to unravel the complexity of the election monitoring system. This study aims to strengthen the election supervision system so that all electoral issues can be resolved at the village level. This research uses normative legal research methods that focus on the reconstruction and institutionalization of the election supervision system at the village level through the synergy of village judicial institutions. The result of the research is that the design of election supervision at the village level, which only places one member, has yet to resolve the many burdens of election supervision fully. Although Article 448 paragraph (3) of the Election Law authorizes the community to monitor actively, it has proven not optimal because there is no clear legal protection for the participatory monitoring system. The weakness of the monitoring system can be strengthened through 1) The establishment of Village Panwaslu members that involve village judicial institutions consisting of Babinkantibmas, Babinsa, and community leaders; 2) Expanding the authority of the Village Panwaslu to resolve disputes over the election process at the village level.
Comparison of Indonesian and Norwegian Laws regarding Criminal Responsibility of perpetrators with Intellectual/Mental Disabilities Via Dianti, Pingkan Okta; Andini, Maria Angela Putri; Windari, Rusmilawati; Da Silva, Eugenia Brandao
Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The criminal responsibility of offenders with mental or intellectual disabilities varies significantly across legal systems, influencing policies within the criminal justice framework. In some jurisdictions, provisions exist allowing for the consideration of disabilities as grounds for exoneration or mitigation of punishment. The reform of Indonesia's Criminal Code in 2023, particularly Articles 38 and 39, addresses the issue of criminal responsibility for individuals with mental or intellectual disabilities. However, challenges arise when the concept of diminished criminal liability is tied more to the defendant's mental or intellectual condition rather than their culpability in the criminal act itself. This study aims to examine and compare these legal regulations and policies with those of Norway. Using a juridical-normative method with legislative and comparative approaches, the research seeks to elucidate the differences in how Indonesia and Norway handle the criminal responsibility of offenders with disabilities. By doing so, this paper aims to clarify the regulatory frameworks governing the exoneration and reduction of criminal liability for individuals with disabilities in Indonesia, ensuring that law enforcement practices align with the rights and considerations afforded to such individuals
Co-Authors Andini, Maria Angela Putri Mahrus Ali Mashud, Mashud Rohman, Khabib Syaikhu Rusmilawati Windari, Rusmilawati Via Dianti, Pingkan Okta