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Rena Yulia
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Southeast Asian Journal of Victimology
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 30261953     EISSN : 30261627     DOI : https://doi.org/10.51825/sajv.v1i2
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Southeast Asian Journal of Victimology adalah jurnal peer-review double-blind yang didedikasikan untuk eksplorasi dan kemajuan viktimologi dalam konteks Asia Tenggara yang beragam dan dinamis. Jurnal kami menyediakan platform bagi akademisi, peneliti, dan praktisi untuk terlibat dalam berbagai aspek viktimologi, dengan penekanan khusus pada kawasan Asia Tenggara. Southeast Asian Journal of Victimology berkomitmen untuk mempromosikan pemahaman yang lebih mendalam mengenai isu-isu viktimisasi di Asia Tenggara dan memfasilitasi kolaborasi di antara para akademisi, pembuat kebijakan, dan praktisi yang berdedikasi pada penelitian dan dukungan yang berpusat pada korban. Kami mengundang para peneliti untuk berkontribusi terhadap kemajuan pengetahuan dan hak-hak korban di wilayah yang beragam dan terus berkembang ini. Penulis diundang untuk mengirimkan artikel penelitian asli, tinjauan literatur, studi kasus, dan kontribusi teoretis yang selaras dengan fokus dan ruang lingkup jurnal. Jurnal ini mempertahankan standar akademik yang tinggi dan menyambut perspektif interdisipliner dalam bidang viktimologi.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Protection of Victims of Violent Crime Sexuality in Higher Education Reviewed According to Minister of Education and Culture Regulation Number 30 of 2021 Muhammad Ghoffar Ali; Ariesta Wibisono Anditya
Southeast Asian Journal of Victimology Vol 1, No 2 (2023)
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

The increasing number of cases of sexual violence that occur in the university environment makes the government, in this case, the Ministry of Education and Culture of the Republic of Indonesia ratify and enforce Ministry of Education and Culture Regulation Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education Environments. The importance of the passing of this regulation is to fill the legal vacuum in terms of handling sexual violence in universities, including the protection of the rights and obligations of victims and perpetrators and the entire academic community, with a definite legal umbrella, it is hoped that it can reduce the criminal act of sexual violence. In addition, Minister of Education and Culture Regulation Number 30 of 2021 not only focuses on punishment and sanctions, but also pays attention to the rights of victims and perpetrators as well as the obligations that must be carried out by universities. Examples of the rights of victims and perpetrators such as; Sustainability guarantees for completing studies, protection of identity confidentiality, provision of information regarding protection facilities, etc. In addition, examples of obligations from universities are; the establishment of a Task Force (SATGAS) that plays an active role in helping prevent and handle cases of sexual violence in the relevant universities.
Implementation of the Witness and Victim Protection Agency in Providing Protection to Victims of Vigilantes (Eigenrichting) Nurul Fadilah
Southeast Asian Journal of Victimology Vol 1, No 1 (2023)
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

In Indonesia, witness and victim protection institutions (LPSK) need to be discussed in term of the implementation and its protection to vigilante’s victim. The normative law and secondary data are used to conduct this research. It can be seen that LPSK does not give the protection right yet to vigilante’s victim. It is caused by the victim does not apply for the protection right through the form as a mandatory. This situation leads ineffectiveness of the protection right to the vigilante’s victim from LPSK since some of the victim not ready to report or take an action after the crime occurred. Indeed, medical and psychological rehabilitation need to be fulfilled for the recovery because the victim mostly suffered physically and mentally due to the persecution. Even though the main victim passed away, but the family still have the right like restitution from the offender since qualified as secondary victim.
Protects Victims Of Human Trafficking Crimes : The Russian Federation Muhammad Iqbal Ramadhan
Southeast Asian Journal of Victimology Vol 1, No 2 (2023)
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

Human trafficking is increasingly organized, the more troublesome the government to provide protection to the victim, because the crime became transnational, structured and systematic. From this incident it is important to be studied more deeply about the protection of victims of crime of trafficking in persons. The objective is to determine how the protection of victims of human trafficking crimes / human and determine the factors that constrain the government in protecting victims of human trafficking/ human. Legal protection against the crime of trafficking in persons in Indonesia is already regulated in such a way, but in terms of implementation of law enforcement, officials and government are still not seriously implies. Legal product that became a major locomotive and excellent law enforcement that the Criminal Code still not yet gives tendencies favor of the victim, because the product is still offering an abstract clause related casualties represented only by the state. Factors causing the difficulty of protection is not only on the government alone but the victims themselves who sometimes do omission because the first one is not able to react to deviations, the second, the victim or entity other controls may fear there will be a result of the more serious because of such conflict, the third, indifference has become a social climate that is caused by the absence of extensive reaction.
Pertanggungjawaban Pidana Terhadap Anak Korban Pelecehan Seksual Yang Melakukan Pembunuhan dalam Perspektif Kriminologi Benny Irawan; Caroline Estava Samallo
Southeast Asian Journal of Victimology Vol 1, No 1 (2023)
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

The world of children is not always synonymous with playing. Sometimes children fall into criminal acts that make them face or conflict with the law. The crime of murder is committed by adults and can also be achieved by minors. One of the cases of this crime of murder occurred in Sawah Besar, Central Jakarta, where the perpetrators were minors and the child was also a victim of sexual harassment from the case different. This murder case is the first case in Indonesia, where the perpetrators of this murder are minors. Based on this, a problem arises: what factors cause the murder of children who are victims of sexual abuse from a criminological perspective? And what is the criminal responsibility for children who are perpetrators of murder who are victims of sexual abuse?. The framework of thought in this research is Psychological Theory and Criminal Liability Theory. This study uses a normative juridical method by examining legal library materials or secondary data, namely data that refers to legal norms, in-laws and regulations, legal theories, and court decisions that are then analyzed qualitatively. The research specifications in this study are descriptive analysis. This study concludes that the factor in the occurrence of the crime of murder committed by child victims of sexual abuse in a criminological perspective is because the ego aspect is more inclined to the id aspect and the superego aspect is weak and unable to balance the mind in overcoming inner conflict due to traumatic fear so that the superego aspect is not able to be a balancer in tackling internal disputes so that the occurrence of the crime of murder and in this case NF can be held criminally responsible with strict liability, seen from the actions of the defendant, namely violence against children that resulted in death, therefore the basis for making decisions by the judge that the defendant must be responsible for his actions by executing a sentence of imprisonment for two years. Suggestions for the government to conduct socialization to the community regarding the prevention of formal sexual harassment to apply it in the family environment to focus more on providing supervision and love to minimize deviations committed by children.
LEGAL PROTECTION OF CHILD VICTIMS CONCLUSION THAT EXPERIENCES PREGNANCY (Study Decision Number: 234/Pid.Sus/2022/PN.Srg) Devi Kartika; Reine Rofiana
Southeast Asian Journal of Victimology Vol 1, No 2 (2023)
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

Losses caused by the crime of having intercourse with a child who is pregnant Sexual intercourse with a child will certainly have a serious physical and psychological impact in the future. With legal protection, the main reference for protection is in the form of compensation, restitution, and health assistance for him. The problems studied in this study are legal protection for child victims of intercourse who experience pregnancy and efforts to fulfill the right of restitution in law enforcement in cases of intercourse that experience pregnancy (Study of Decision Number: 234/Pid.Sus/2022/PN.Srg.). In this study, researchers used two theories: the first is the theory of legal protection, and the second is the theory of law enforcement. This type of research uses qualitative, normative, and juridical research. This research is descriptive and analytical. The data sources used in this research are secondary data sources, which are then analyzed qualitatively. The results of this study show that there is no legal protection for child victims of sexual intercourse. This can be seen by the fact that the victim did not receive compensation and reimbursement for transportation costs, the victim did not receive psychological assistance and social rehabilitation, the victim did not receive legal counsel, the child victim of sexual intercourse during the examination did not get a separate room from the adults for the examination of the childvictim of sexual intercourse, the Serang Police are still in the same place as adults, and there is no restitution for victims in the decision. Suggestions in this study should be that the Serang State Prosecutor's Office in this case be proactive and question the reasons the panel of judges in the trial did not mention the convict's obligation to provide restitution rights during the trial against the defendant DYS (49). This is because it is clear that the application is contained in the prosecution file and there is a request from the victim.
Lembaga Perlindungan Saksi dan Korban Sebagai Leader Sector dalam Memenuhi Hak Korban Tindak Pidana Terorisme di Indonesia Rizky Kurnia
Southeast Asian Journal of Victimology Vol 1, No 1 (2023)
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

Criminal acts of terrorism cause material and immaterial losses. Victims of criminal acts of terrorism need protection and restoration of their rights, therefore Indonesia has an institution authorized to protect witnesses and/or victims so that the protection and restoration of the rights of victims, one of which is the rights of victims of criminal acts of terrorism, can be fulfilled. The problems studied in this study are regarding the implementation of witness and victim protection institutions (LPSK) in fulfilling the rights of victims of criminal acts of terrorism in the Indonesian criminal justice system, and regarding mechanisms for fulfilling the rights of victims of criminal acts of terrorism. This research was conducted using normative juridical methods. The research approach uses a statutory approach. The data source used in this study is a secondary data source which is then analyzed qualitatively. The LPSK mechanism in fulfilling the rights of victims of criminal acts of terrorism is inseparable from the role of the victim who must play an active role in submitting a request to the head of the LPSK. The application can be submitted by the victim, his family or his attorney.
FULFILLING THE RIGHTS OF TERRORISM VICTIMS ACCORDING TO POSITIVE LAW IN INDONESIA Rovita Artha Santi
Southeast Asian Journal of Victimology Vol 1, No 2 (2023)
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

Acts of terrorism can occur anytime, anywhere, and affect anyone indiscriminately. The losses caused by acts of terrorism are very large, these acts are carried out by spreading widespread terror to the public, by threat or means of violence, whether organized or not. Terrorism can cause physical and/or psychological suffering for a long time, so terrorism is categorized as an extraordinary crime, one of which is the terrorist bombings in three churches in Surabaya. The terrorist attacks in Surabaya churches have caused many victims and these victims must be protected and have their rights fulfilled. With the revised terrorism law, attention to victim protection has increased, but the implementation of the law towards victims of terrorism is currently unknown.  Through this background, the research to be studied is how the fulfillment of the rights of victims of terrorism and the mechanism for fulfilling the rights of victims of terrorism according to Law Number 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning Amendments to Government Regulation in Lieu of Law Number 1 of 2002 concerning Eradication of the Criminal Acts of Terrorism. This research uses normative juridical research methods with a statutory approach and case approach and uses secondary data sources and interviews, then the data is analyzed descriptively analytically. This research reaches the conclusion that the fulfillment of the rights of victims of terrorism has advanced after the revision of the law, which consists of medical assistance, psychosocial and psychological rehabilitation, compensation for families in the event of death, compensation and restitution which are quite complete compared to the previous law, besides that the law also applies retroactively to victims of terrorism before the law was passed. Furthermore, the mechanism of fulfilling the rights of victims of terrorism in this law has changed in that victims can apply for their rights without going through a court decision, namely with a victim's certificate from the National Counterterrorism Agency.
Penerapan Mekanisme Keadilan Restoratif (Restorative Justice) di Lembaga Kejaksaan Republik Indonesia dalam Upaya Pemulihan Hak Korban Tindak Pidana dalam Perspektif Viktimologi Postmodern Rosdayana Khairuummah
Southeast Asian Journal of Victimology Vol 1, No 1 (2023)
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

In criminal law, it recognizes retributive justice and restorative justice which over time law enforcement in Indonesia experiences supremacy in the judicial process where law enforcement officials are expected to be able to realize the supremacy of law enforcement through restorative justice which in the process of settling cases is carried out outside the court by involving victims, perpetrators as well as other stakeholders who are interconnected with each other in determining the process of running a restorative justice mechanism by taking into account the main interest, namely the fulfillment of victims' rights. The mechanism for the supremacy of law enforcement through restorative justice has been carried out by the Prosecutor's Office of the Republic of Indonesia based on the Attorney General's Regulation (PERJA) Number 15 of 2020 concerning Termination of Prosecution based on Restorative Justice. The implementation of the supremacy of law enforcement carried out by the Prosecutor's Office through restorative justice is a representative form of postmodern victimology theory which focuses on protecting the law from crime victims with the aim of recovering parties in conflict which are carried out informally.
IMPLEMENTATION OF RESTORATIVE JUSTICE BY JUDGES THROUGH THE IMMOSING OF CONDITIONAL CRIMINAL DECISIONS Aryatama Hibrawan
Southeast Asian Journal of Victimology Vol 1, No 2 (2023)
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

The development of the criminal justice system has brought an approach that previously prioritized retaliation or was called retributive to recovery, which is better known as restorative justice. The retributive approach is considered to be no longer relevant as a solution to resolving criminal cases and is currently considered to cause other problems. In a restorative approach, criminal law aims to restore victims with equal responsibility by the perpetrator. In its development, a recovery-based approach began to be implemented by institutions that are members of the Criminal Justice System including judges through court decisions. A restorative approach through sentencing by a judge can be carried out by imposing a conditional criminal sentence. However, conditional criminal sentences are still very rarely applied, even though through this instrument judges can provide fair decisions that are needed by both victims and perpetrators.
Quo Vadis Implementasi Pemenuhan Hak Restitusi dan Hak Kompensasi Terhadap Korban Tindak Pidana Abda Oe Bismillahi
Southeast Asian Journal of Victimology Vol 1, No 1 (2023)
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

The legal position of victims of crime is not recognized in the criminal justice system. Including the right to obtain compensation through the criminal justice system. Because the issue of compensation is a matter of the individual victim and this problem becomes the scope of civil law. This research wants to examine the technical settlement of fulfilling the right of restitution and compensation rights to victims of criminal acts based on the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2022 concerning Procedures for Requesting and Granting Restitution and Compensation to Victims of Crime, so that fulfillment of victims' rights can be realized through the criminal justice system. The approach method used in this research is normative legal research method. Normative legal research places law as a building system of norms. The results of the study show that Supreme Court Regulation Number 1 of 2022 is a practical policy that includes adjustments to laws and regulations, government decisions, judge decisions, the legal system and legal principles with the aim of increasing legal unity, legal certainty, justice (justice, gerechtigheid) and comparability (equit, billijkeid) thereby providing a new position for victims in the criminal justice system.

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