Seeking Justice Research Articles

Türkiye’deki Kadın Cinayetlerine Sosyal Medyadan Adalet Aramak

Social media platforms have become powerful tools for advocating rights and pursuing justice by mobilizing virtual “crowds”. In Türkiye, where confidence in the justice system has declined, social media has emerged as an alternative means to seek justice. Social media activism is frequently employed in response to femicides, encompassing various communication and legal aspects. This article aims to investigate how social media is utilized in the fight against femicide in Türkiye. Does seeking justice through social media truly influence court decisions? Do users adhere to democratic principles and freedom of expression while engaging in social media activism? What are the positive and negative effects? Additionally, what legal challenges arise from the use of social media? These are the questions explored in this study. Instances such as the release of perpetrators of violence against women, protracted legal processes, or defendants benefiting from lenient sentences deeply disturb public conscience, erode confidence in the justice system, and propel social media activism, which spreads rapidly among the masses. To examine the legal aspects of the issue, in-depth interviews were conducted with fifteen lawyers. The findings reveal that social media posts seeking justice for femicides have a significant impact on large audiences. The study demonstrates that social media serves as a mechanism of social pressure accelerating the process of justice and plays a crucial role in the pursuit of justice. Nevertheless, it also highlights the potential legal risks associated with social media activism.

#MeToo Activism as Pragmatic Justice Seeking

As #MeToo activists took their testimonies of sexual harm outside the legal arena to seek justice, the #MeToo movement has commonly been framed as pitting informal justice-seeking against formal law. This article draws on interviews with Swedish #MeToo activists and focuses on their experiences of justice seeking. It asks the key question: what does justice look like for #MeToo participants? I demonstrate how a binary framework, with formal law on one side and informal community justice practices on the other, does not offer an understanding of the justice interests of activists. The interviews convey how acts of justice seeking are plural, spanning both legal and extra-legal terrains, as well as temporally long-lasting and contextually shifting. The justice-seeking emerges as pragmatic because the #MeToo moment is bound up with the promise that, at this rhetorical moment, the act of speaking out will finally be heard on a societal scale.

Justice for rural women: An exploratory analysis of institutions and mechanisms to access justice in Chimborazo, Ecuador

Access to justice is a fundamental principal of the rule of law. With this in mind, this research aims to analyze the mechanisms and barriers that women from rural areas in the province of Chimborazo, Ecuador, face when seeking justice. This investigation adopted a qualitative method approach, and was comprised of exploratory fieldwork as well as descriptive documentary analysis. The findings indicate that in this province, rural women's access to justice is facilitated through various government institutions and university legal clinics. These entities collaborate to spread awareness and offer direct legal assistance. However, despite these efforts, challenges persist, including the lack of specific data on the affected women's localities and the need for broader dissemination of available legal pathways. The study concludes that addressing these shortcomings is essential to further bolster the province's legal infrastructure and better address the intricate needs of its female population, particularly those from rural backgrounds.

Abdullah Saeed's Progressive Ijtihad in the Application of Rechtsvinding Judges in Religious Courts

Every court judge has their perspective in deciding a case. A judge always strives to make legal discoveries as a form of justice and legal certainty. However, legal discovery efforts are not always uniform. Therefore, it is necessary to reconstruct the methodology for making legal discoveries. Through Abdullah Saeed's contextual approach with progressive ijtihad packaging to connect the disconnection of the spirit and soul of divinity, so that justice based on the almighty God, conscience, and common sense as the pinnacle of law can be felt by justice seekers. This research is library research using various literature sources as research data sources. The research findings of legal discovery by judges are only needed in inconcreto cases. Judges still stand on the general legal approach in reading Islamic law. The need to raise living laws to positive laws whose level of applicability is binding is to use rechtsvinding / legal discovery in the Religious Court. Thus by taking into consideration: First, homogenize the understanding of judges in finding a law, Second, the methodology of Islamic law and override the general methodology in reading unwritten law, as well as written law with the spirit of the Islamic spirit sholihun likulli zaman.

Re-traumatised: The experience of injustice whilst seeking justice.

Re-traumatised: The experience of injustice whilst seeking justice.

Unleashing the Power of Class Action Lawsuits: Redefining Justice for Insurance Policyholders in Indonesia

This paper explores the transformative potential of class action lawsuits in redefining justice for insurance policyholders in Indonesia. Through an in-depth examination of the legal landscape and specific cases, the study delves into the mechanisms and implications of leveraging class actions as a means of seeking justice within the insurance sector. By analyzing notable instances, such as the class action lawsuit initiated by insurance policyholders of PT Asuransi Jiwasraya and PT Asuransi Jiwa Adisarana WanaArtha, the paper scrutinizes the impact of collective legal action in addressing grievances and restoring violated rights. The research also navigates the legal provisions surrounding class actions in Indonesia, shedding light on their relevance and effectiveness in the pursuit of justice for insurance policyholders. Ultimately, this paper contributes to the ongoing discourse on legal remedies within the insurance industry, offering insights into the potential of class action lawsuits as a powerful tool for policyholders to assert their rights and demand justice in the Indonesian legal context.

Layered Sexism in The Accused

The Accused (1988), a movie adaptation of a real-life event about a gang-raped victim who seeks justice, depicts sexist behavior towards the survivor during the trial. With the main premise of seeking justice for a rape survivor, this movie highlights Sarah’s experience to gain justice through a sexist masculine institution. Referring to the theory of sexism by Manne, this article aims to show how this movie shows sexist behavior toward the survivor during law enforcement. Dialogues that show sexism between characters are used in the analysis of the movie's plot, then used to discuss the portrayal of sexism in The Accused from a feminist point of view. From the dialog and the portrayal of layered sexism, we find that as a movie promoting human rights, The Accused still implies that a woman who does not meet the expected gender roles is undeserving of justice. As a result, a ‘bad’ woman as a victim whose experience is reduced is seen as a norm.

KONSEP MEKANISME PENYELESAIAN SENGKETA MELALUI SMALL CLAIM COURT SUATU STUDI PERBANDINGAN DAN IMPLEMENTASINYA DI INDONESIA

The demand of society seeking justice is for simple, speedy, and cost-effective dispute resolution. This is the foundation for the establishment of the principle of justice in Indonesia in accordance with Law Number 48 of 2009 concerning the Judicial Power, namely the principles of simple, speedy, and cost-effective justice. This is due to the fact that dispute resolution through litigation often fails to satisfy the parties involved due to its relatively lengthy process, complexity, and high costs. Meanwhile, dispute resolution outside the court (non-litigation) lacks executive power because it is solely contractual. The mechanism for resolving disputes through the Small Claims Court was initially known and practiced in countries with a common law system, eventually adopted by countries with a civil law system. In Indonesia, it was translated and implemented through the examination of simple lawsuits in accordance with the Supreme Court Regulation of the Republic of Indonesia Number 2 of 2015 concerning Procedures for Filing Simple Lawsuits, as amended and perfected by the Supreme Court Regulation of the Republic of Indonesia Number 4 of 2019 concerning Amendments to the Supreme Court Regulation of the Republic of Indonesia Number 2 of 2015 concerning Procedures for Filing Simple Lawsuits.

Application of Administrative Sanctions in Decisions on State Administrative Cases at the State Administrative Court

In carrying out its duties and authority, it is felt that the State Administrative Court (PTUN) in Indonesia has not met the expectations of the people seeking justice. This journal discusses the application of administrative sanctions, the obstacles they face and the concept of effective application of administrative sanctions in TUN case decisions at the Semarang PTUN. The research method is socio legal. The results of the research are first, the application of administrative sanctions in TUN case decisions at the Semarang PTUN is not optimal. Second, the obstacles are low awareness of TUN Officials, lack of active participation from the Defendant and lack of supervision, there are no regulations regarding a special budget. Third, the concept of effective implementation is that there is a legal basis for the PTUN to include administrative sanctions in its decision, revise the provisions of the relevant articles, there needs to be a clear commitment from the TUN Agency or Officials and their superiors, the need for supervision.

JUSTICE MODERNIZATION IN THE DIGITAL DIVIDE OF INDONESIAN SOCIETY: A CHALLENGE

As a developing country, Indonesia must keep abreast of and adapt to the dynamics that occur in the digital era. The government must make every effort to utilize information technology in implementing existing public policies. The Supreme Court of the Republic of Indonesia as a judicial institution that has direct contact with justice seekers has required technology-based legal services using e-court applications. The digital divide in Indonesia will greatly affect the ability of the people themselves to obtain their rights at the Indonesian judiciary. This study aims to examine whether the issuance of a judicial modernization legal policy is an appropriate law in the digital divide of Indonesian society. The method of this research uses qualitative methods based on in-depth observations of legal norms. Modernizing justice through the use of electronic applications this Indonesian society is a challenge for the government as a policymaker. This is because certain people still need assistance within their limitations in the digital world to face modern justice.

Amicus Curiae: Position and Role in Issuing Decisions by Judges as an Effort to Achieve Substantive Justice

In practice of criminal justice system, a judge plays a fundamental role in making decision that will be imposed on the defendant. The Law on Judicial Power requires judges to widely disclose information and opinions from various groups and public participation. Amicus curiae concept is a mechanism that permits third parties who believe they are interested in a particular criminal case. However, the existence of amicus curiae in positive law has not been regulated explicitly or formally to explain how it is applied in criminal justice. While the judge plays a part in delivering a verdict on the defendant, it is anticipated to be founded on legal principles and a commitment of substantive public justice. This study employs a normative juridical research approach, utilizing secondary data acquired through library research and analyzed using qualitative methods and presented in a descriptive and explanatory format. The findings of this investigation that the position of amicus curiae can be known as stipulated in Article 5, paragraph (1) of the Judicial Power Act. In the application of the judge's decision to realize substantive justice, the judge does not only see a settlement in terms of formal law as a form of legal certainty, but the judge must also be able to see aspects of a sense of substantive justice by the expectations of the community as a seeker of justice.

Kewenangan Penyidik Polri untuk Melakukan Penahanan Tersangka Pelaku Tindak Pidana dalam Proses Peradilan Pidana


 
 
 
 
 
 
 
 
 
 
 
 
 In the criminal justice system, the police are the "gateway" for justice seekers. This is where things started. This initial position puts the police at a disadvantage. As an investigator the police must make arrests (when necessary) detentions, which means the police must have a strong suspicion that the person is the perpetrator of the crime. Detention can be done if it is deemed necessary. As stated in Article 1 Point 21 of the Code of Criminal Procedure: "Detention is the placement of suspects or defendants in certain places by investigators, public prosecutors, or judges with their determination in the case and in the manner provided for in this law. Based on the results of the study, the author concludes that legal considerations of police investigators are authorized to detain suspected perpetrators of criminal acts, because the National Police as investigators in the investigation process have duties and obligations of their main duties and functions. In connection with these duties and obligations, the police have the authority as stipulated in: 1) Law Number 8 of 1981 concerning the Code of Criminal Procedure, namely the condition of subjective detention is a condition stemming from the assessment and concern of the investigator that if the defendant is not detained then the accused will run away, will damage or eliminate evidence, and will even repeat the crime; 2) Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia; and clearly about how the management of criminal investigations must be carried out by the police as stipulated in Perkapolri No. 14 of 2012 concerning Management of Criminal Investigations
 
 
 
 
 
 
 
 
 
 
 
 

Communication in the Implementation of Electronic Justice Policy in the Mempawah Religious Court

Electronic justice (e-court) is a justice system that is implemented electronically to provide easy services for court officials and parties litigating in court through the use of information technology. Application of electronic court to answer 3 (three) main problems: delays, accessibility, and integrity. The use of e-court can prevent interactions between parties related to court officials, thereby minimizing the occurrence of ethical deviations or legal violations. Apart from that, it can also reduce time, energy, and costs so that the process is more effective and efficient. The aim of the research is to find out and analyze the factors that influence the implementation of electronic court policies at the Mempawah Religious Court using George Edward III's theory (communication, resources, disposition, and bureaucratic structure). The research method used is descriptive-qualitative. The data sources were taken from documents and interviews with related parties. The research results show that electronic courts have not been utilized by people seeking justice due to several factors, including: people do not know about electronic courts, are technologically illiterate, do not have the means to use electronic courts, do not understand electronic court mechanisms, and have internet network problems. Future projections for electronic courts to be optimally utilized by people seeking justice require massive outreach and the availability of adequate equipment.

Reformulation of Absolute Judicial Review Authority in the Constitutional Court to Uphold the Principle of Constitutional Supremacy

The Constitutional Court and the Supreme Court's dual-roof judicial review authority has generated new legal complications. The decisions between the Supreme Court and the Constitutional Court often conflict, giving rise to legal uncertainty for justice seekers. Even though judicial review has an important role as an effort to protect the constitutional rights of citizens who are disadvantaged over the existence of norms of legislation established by the government. Through the judicial review mechanism, there is a mechanism to rectify the norms of laws and regulations to comply with the basic legal norms, namely the Constitution. However, the practice of judicial review so far in Indonesia seems ineffective because of the two-roof design at the Supreme Court and the Court. Therefore, reforming judicial review under one roof of the Constitutional Court is an alternative idea to find ways to solve existing problems. This article attempts to provide insight into the model of judicial review in Indonesia and the reformulation of judicial review authority under one roof of the Supreme Court of Justice to uphold the principle of constitutional supremacy. The study employed normative legal research methods. This study offers a reformulation of judicial review authority under one roof of the Constitutional Court. The results of this study reveal that the authority of judicial review under the two roofs of the Supreme Court and the Court has given rise to legal problems, such as conflicting decisions, which result in legal uncertainty. Ultimately, this article provides an alternative idea, namely the reformulation of judicial review authority under one roof of the Constitutional Court to create legal certainty and uphold the principle of constitutional supremacy.

The Existence of Electronic Evidence in the Settlement of Sharia Economic Disputes in Religious Courts During the Covid-19 Period Based on Positive Law and Islamic Law Perspectives

The development of the Sharia economy, accompanied by the wide scope of economic activity in Indonesia, has had a huge influence on the increase in Sharia economic disputes, including during the Covid-19 pandemic. The Supreme Court has responded quickly by issuing various Regulations related to electronic trials to solve the accumulation of cases, especially Sharia economics in the Religious Courts. With this e-court application and electronic trials, it is hoped that it will be able to avoid crowds of people at the court office causing physical contact between justice seekers so it is feared that it could become one of the distribution chains or new clusters of the Covid-19 virus. Electronic information as legal evidence in civil cases is categorized as written evidence. Electronic information or electronic documents are considered valid as long as the information can be accessed, displayed, guaranteed for its integrity, and accounted for so that it can explain a situation. In Islamic law, electronic evidence can be used as evidence because it is included in other evidence according to Islamic law experts. So electronic evidence can be used as evidence in the settlement of Sharia economic disputes, especially in transaction activities using contracts in accordance with Sharia principles such as contracts of buying and selling, leasing, cooperation, debts, and so on.
 Keywords: electronic evidence, Sharia economic dispute, Covid-19

URGENSI DIBENTUKNYA PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI BATAM

This research aims to determine the extent of the urgency of establishing an Industrial Relations Court (PHI) at the Batam District Court. Currently Batam City is still within the jurisdiction of the Industrial Relations Court at the Tanjungpinang District Court which is located on Jalan Raya Senggarang No.1 KM 14 Tanjungpinang City, Riau Islands Province. Suppose a rights dispute exists between workers, workers/labor organizations and employers, and an amicable agreement cannot be reached. In that case, one of the parties who is not satisfied with the results of the Disnaker mediator's recommendations must take the route of a lawsuit through PHI at the Tanjungpinang District Court. In this research, the author raises four problems and limits the research problem. Among other things, first, what is the legal reason for the urgency of establishing an Industrial Relations Court at the Batam District Court? Second, what are the obstacles that, until now, PHI at the Batam District Court has not been formed? thirdly, what is the solution so that PHI at the Batam District Court is formed to provide a sense of justice for justice seekers in industrial relations disputes? fourth, what obstacles areexperienced by workers, laborers, or labor organizations that make it difficult to file an industrial relations dispute lawsuit if there is no peace agreement with the employer? The author uses the legal theory of development put forward by Mochtar. Kusumaatmadja is an analytical tool to find answers to four research questions. Of four research questions with normative-empirical research methods. It was found that the final result was that there was a great urgency for the Industrial Relations Court in Batam to be able to realize the principles of simple, fast and low-cost justice for people seeking justice in Batam.

Discursive Constructions of Communicative Rationality in Kenyan Presidential Election Petitions of 2022 at the Supreme Court of Kenya

How communicative rationality is constructed and shared among interlocutors in a court in the seeking of justice, given the background of distrust in the Kenyan Presidential Election context, gave attention to this study. The study investigated the construction of communicative rationality in the courtyard. The study assessed the types of illocutionary forces and their discursive legal practices and determined how interlocutors redeem the illocutionary logic in the courtyard. A documentary review of the written judgment of Ruto against Odinga in the presidential election of 2022 was used as the data collection method. The analytical frameworks involved Austin's (1962b) Speech Act theory and Searle and Vanderveken's (1985) illocutionary commitments. The findings showed that petitioners chose illocutionary forces to downgrade respondents' claims. The discursive nature of their legal practices was characterized by a lack of fairness, transparency, and integrity of IEBC and its Chairperson. Respondents used illocutionary forces, including denials, for face protection and repair. Their discursive legal practices were characterized by compliance, transparency, and accountability to win the Court's decision. Petitioners and respondents used much propositional content, modes of achievement, and preparatory conditions to construct their validity claims. In achieving justice, the group of Judges must consider interlocutors' presentations of credible statements of truth and acceptable normative statements of legal practices. A group of Judges needs to take precautions against the interlocutors' tricks and manipulation of the Constitution for effective decision-making.

Carrying the cross for justice: Digital traces of victimhood in Sri Lanka

Victimhood claims in the digital space are often affectively and morally negotiated based on the extent of sharedness of those sentiments and values. However, media-centric and populist political interpretations based on ‘mobilization’ often curtail the exploration of ‘sharedness’ and ‘belonging’ in digital discourses of victimhood. Therefore, this article explores the nature of digital victimhood discourses, their constitution, and how those victimhoods are negotiated in digital collectives. The article combines affective victimhood with chronotope to analyze digital discourses on ‘public acts’ carried out by members of the public seeking justice for the Easter attack victims of 2019. Accordingly, the article focuses on Facebook posts and comment sequences on “Jehan Appuhamy carrying the cross” to mark the third anniversary of the attacks in April 2022. Data is gathered from four Facebook posts containing a collection of videos and images combined with a selected 3142 post-comment sequences. The article finds that affective and moral understandings of victimhood are negotiated in interaction with right-wing populist undertones and resistance discourses of the people’s protest. The narratives of justice, threat, empathy, and solidarity constitute a multifaceted expression of discontent, representing both a struggle against those in power and a quest to connect with like-minded individuals, irrespective of the specific cause for such sentiments. Additionally, it involves rallying support from friends, sharing feelings of discontent, and motivating them to take action. Thus, digital belonging is fractally nested in specific timespace configurations.

The Implication of the Divorce of Unregistered Marriages for Divorcees’ in Bali: Assessing Status, Right and Duty

This paper analyzes the settlement of palas marabian or divorce cases in Bali. This study focuses on the implication of the settlement of divorce cases settled by the Balinese Customary Law and the National Marriage Law, especially for those whose marriages have not been registered. By using the sociological jurisprudence study method, a method emphasizing the study of the law applied in a particular society, it could be explained that the divorce of the married couple whose marriage was not registered got difficulty in obtaining legal certainty from the authority of their village or Banjar. This was due to the disharmony on the rules of the Balinese customary law and state law of Indonesia. The Leaders of the traditional villages in Bali who carried out the awig-awig (the customary law of the traditional village) could not make any settlement process sine there was no decision from the court of permanent legal force (state law). On the other hand, state law implemented by court judges would not be able to accept the divorce claim if the marriage of the couple was not registered, even though the marriage was carried out and proved according to custom and religion process. As a result, the justice seekers could not get legal certainty. This condition brought implications for the divorcees’ social lives.

Application Of Legal Procedures In The Examination Of The E-Court System

AbstractThe development of Information Technology has entered into all aspects of people's lives. Technology makes everything easier, not least with the world of court governance, it is alsorequired to be able to develop along with the development of society by utilizingtechnological sophistication in the form of an internet network, which can create a systemin forming an application called E-court. E-court is a form of change in the administrationof cases that are more transparent and accountability. The problems in this study are: howthe rules of legal procedure in the examination of the e-court system, how the effectivenessof the process of settlement of lawsuits in the e-court system in court. Based on the resultsof research and discussion, the e-court system in the process of settling lawsuits in courtcourts based on the principle of simple, fast and low cost has been running as its functionbut in practice the trial is still done manually. And there are still obstacles that are felt byadvocates / justice seekers that hinder the legal process to be less effective in itsimplementationKeywords: Examination, E-Court System, Procedures.