Protection Of Victims Research Articles

Analisis Yuridis Terhadap Penegakan Hukum dalam Kasus Pemerkosaan Anak dibawah Umur

Rape is an act committed by a man to force a woman to have sexual intercourse outside of marriage. Rape is one of the most traumatic things for women, especially children who are victims of rape. Rape of minors is a very serious and detrimental form of crime, which has lasting psychological, physical and social impacts on the victim and society in general. In many countries, the rape of minors is often an undeniable problem in the realm of law and humanity. In the Indonesian context, cases of rape of minors are also an urgent issue that must be handled firmly by the legal system. However, law enforcement in cases like this often faces various obstacles, ranging from a lack of reports submitted by victims, to weaknesses in the investigation, prosecution and trial processes. This research aims to conduct a juridical analysis of law enforcement in cases of rape of minors in Indonesia. By taking a juridical approach, this research will explore legal aspects related to handling cases of rape of minors, including criminal provisions, court procedures, and legal protection for child victims.

Pelecehan Seksual Terhadap Model Perempuan dalam Prespektif Hukum Islam (Studi Kasus di Banjarnegara)

This research aims to understand the phenomenon of sexual harassment against female models in Banjarnegara from the perspective of Islamic law and the Criminal Code. This research uses a qualitative research method with a case study research type. Research data was obtained through interviews with victims of sexual harassment, perpetrators of sexual harassment, victims' families, law enforcement officers, and community leaders in Banjarnegara. The research results show that sexual harassment against female models in Banjarnegara is a serious problem. Modes of sexual harassment that often occur include physical and verbal harassment. The factors behind the occurrence of sexual harassment are the perception that women are weak and powerless, patriarchal culture, and lack of law enforcement. Sanctions for sexual harassment according to Islamic law and the Criminal Code vary. In Islamic law, sexual harassment is included in the category of zina and is punishable by had. Meanwhile, in the Criminal Code, sexual harassment is regulated in Articles 281, 282, 283 and 285, with the threat of a maximum criminal penalty of two years and eight months or a maximum fine of IDR 4,500. This research recommends several steps to prevent sexual harassment against female models in Banjarnegara, including: Increasing education about gender equality and women's rights, Strengthening law enforcement against perpetrators of sexual harassment, Providing assistance and protection for victims of sexual harassment.

Analisis Terhadap Fenomena Kekerasan Seksual yang Terjadi di Lingkungan Pendidikan (Studi Kasus di Kabupaten Cilacap)

Sexual harassment is the abuse of power and expression of male sexuality. Recently, harassment and even sexual violence have often occurred in educational environments. It is hoped that this research will be able to provide additional knowledge and reference or reading material regarding the legal protection of victims of sexual violence. The aim of this research is to analyze the protection received by victims of sexual violence. The research method used uses a juridical-normative concept. Some forms of general protection provided to crime victims are Provision of Restitution and Compensation, Counselling. Victims of crime who experience medical suffering as a result of a crime can receive medical assistance in the form of medical examinations, Legal Aid. Reasons that influence victims not reporting are doubts about whether it is harassment or not, getting advice from people close to them not to report, not wanting conflict, not knowing the flow of reporting cases, not wanting problems and obstacles to occur in the lecture process, imitating the behavior of people around them, think reporting cases is a futile act.

Sanksi Hukum Pidana Terhadap Pelaku dan Perlindungan Hukum bagi Korban Investasi Bodong

The problem that the author wants to look at is what are the criminal sanctions for perpetrators of fraudulent investments and what are the legal protections for victims of fraudulent investments according to Indonesian criminal law. The application of legal sanctions for perpetrators of online investment fraud has not been explicitly regulated in a special law which can provide criminal penalties for perpetrators but is regulated in the Criminal Code Article 372 with a maximum prison sentence of four years or a maximum fine of nine hundred. rupiah, and Article 378 with a maximum prison sentence of 4 years. This research focuses on criminal cases of investment fraud. The main weakness in the legal sector for victims of fraudulent investments is the problem of legal uncertainty. This legal vacuum can result in the effectiveness and optimization of protection for victims of fraudulent investments not being optimal. The fact is that there is still a legal gap that perpetrators of fraudulent investments often escape heavy sanctions. To provide valuable results, the research methodology in this article uses normative juridical analysis, which is one of the methods and techniques of social science analysis. In this regard, normative juridical research is only based on document research using secondary data consisting of statutory regulations, court decisions, legal theory and royalties. The purpose of this research is to provide a discussion regarding the implementation of legal actions in current cases. So, through this research, it can be seen that law according to its function can play a role in resolving several criminal cases in Indonesia, such as the fraudulent investments that the author discusses.

Perlindungan Hukum terhadap Korban Penyebaran Video Porno di Social Mendia “Telegram”

The spread of pornographic content on social media, including Telegram, has become an increasingly urgent issue that needs to be addressed legally.this research aims to explore the legal framework that can protect victims from the distribution of pornographic videos on the Telegram platform the research methods used are document analysis and case studies to understand the implementation of relevant laws in this context.research findings show that legal protection for victims of spreading pornographic videos on Telegram is still limited and requires more attention from the authorities.the implication of this research is the need for improved policies and more effective law enforcement to protect victims and prevent the spread of pornographic content on social media.

Exploring the Role of Women in Gender-Based Violence: Deconstructing the One-sided Narrative in Bityi, Eastern Cape, South Africa

The study addresses the critical and pervasive issue of gender-based violence (GBV), a universal human rights violation affecting individuals across the globe, irrespective of cultural, socioeconomic, or religious backgrounds. While GBV predominantly impacts women, this research sought to highlight the often-overlooked fact that men can also be victims, challenging the one-sided narrative that typically surrounds this issue. Conducted in Bhityi, Eastern Cape, South Africa, the study employed a qualitative approach, collecting data from 12 participants through semi-structured interviews. The study was framed by the Person-In-Environment theory and aimed to understand the role of women in perpetrating GBV against men. The findings revealed that men experience various forms of GBV at the hands of women, including emotional, physical, verbal, financial, and sexual abuse. However, such incidents are rarely reported, attributed to cultural norms, the fear of secondary victimisation, and a lack of support and protection for male victims. To address this gap, the study recommended the development of programs to raise awareness about male victimisation and to foster open dialogue among men about their experiences with GBV. This research contributes significantly to the field of social work by offering insights into the experiences of male victims of GBV, thereby enriching the body of knowledge with a largely absent perspective. It informs officials and practitioners about enhanced intervention skills and strategies and influences legislators to develop policies that protect the rights of both women and men. By acknowledging men as victims, the study not only challenges the prevailing narrative about GBV but also provides a platform for male victims to seek help and support, adding depth and nuance to societal understanding of GBV. Keywords: Human Rights, Gender-based violence, Gender-bias, the role of women in gender-based violence, Person-In-Environment theory

Legal Protection for Cyberbullying Victims Based on The Principle of Justice

One of the negative impacts information technology is cyberbullying. Cyberbullying requires specific legal framework that provides clear definitions and elements to ensure law enforcement and guarantee protection for victims. This article employs conceptual, statute, and comparative approaches to analyze how the protection of cyberbullying victims based on the principle of justice. The findings suggest that, although cyberbullying is a criminal offense, it necessitates clear regulation within laws and regulations. Cyberbullying should include victim protection and recovery, not merely punishment for perpetrators. Such guarantees should be embedded in material legal norms, specifically in Law Number 1 of 2024 on the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions, in a distinct article rather than merely in the Elucidation of Article 29 of the ITE Law. The scope of cyberbullying should extend not only containing threats of violence and/or intimidation, evidenced by comparative analysis with other countries.

Kejahatan Perdagangan Orang Dalam Perspektif Kejahatan Lintas Negara

Regulations regarding cases of cross-border human trafficking in Indonesia have long existed and were confirmed with the ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1979. Based on Law Number 7 of 1984 concerning Ratification of the Convention on the Elimination of All Forms of Discrimination against Women. This was then strengthened by the passing of Law no. On the 21st of 2007, legislation was passed to eradicate the crime of human trafficking. Compliance with the Palermo Protocol and the implementation of Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking is expected to increase legal protection for victims of transnational human trafficking, especially women.

Factors that influence the criminal justice response to human trafficking: a systematic review of North American and European studies

Human trafficking, the recruitment and transportation of persons by use of force, coercion, or deception for exploitation is one of the largest illicit industries worldwide. In the execution of anti-trafficking policies to combat this phenomenon, nation-states have assigned a decisive role to criminal justice actors as they are not only responsible for the detection, investigation, and prosecution of perpetrators but also for the identification and (legal) protection of victims of human trafficking. However, research has shown that criminal justice actors encounter many challenges whilst carrying out their tasks, which is also reflected in the low numbers of successful prosecutions and identified victims. To our knowledge, the reasons behind this observation have never been studied systematically. This systematic review aims to collect and synthesise empirical literature on factors that influence the criminal justice response to human trafficking to better understand and identify gaps in knowledge. In total, 35 empirical studies were included. Findings were discussed in light of theory and previous research and were used to provide recommendations for policy and future research. These studies suggest that factors such as prevailing stereotypes, an absence of legal guidance and a lack of capacity and expertise interact and even amplify each other and that strengthening the criminal justice response to human trafficking requires a multi-layered approach that simultaneously addresses several challenges.

Understanding Digital Rape: A Comprehensive Study of Legislation and Case Law

The pervasiveness of technology has introduced new avenues for perpetrating sexual violence. Digital rape, encompassing acts of sexual violation perpetrated online, is a growing concern. In recent years, India has witnessed an alarming rise in heinous offenses related to digital rape. Despite stringent laws, these atrocious acts continue unabated. The term "digital rape" is subject to interpretation, with some linking it to online sexual exploitation of women through electronic devices, while others associate it with current scenarios that raise intense discussion. This study aims to shed light on the concept of digital rape in the modern era, its relationship with sexual exploitation through online resources, cybercrime, and electronic gadgets. By analyzing specific cases, we contribute to a comprehensive doctrinal study, enhancing the legal framework to combat digital rape and protect vulnerable individuals. This study delves into the complex and evolving issue of digital rape, examining its legal definitions, legislative responses, and judicial interpretations across different jurisdictions. Digital rape, involving the non-consensual penetration of a victim's body using objects or body parts other than the penis, has seen varied recognition and treatment under the law. This research provides a comprehensive analysis of statutory frameworks and case law to identify gaps, inconsistencies, and advancements in legal protections for victims. Through a comparative approach, the study highlights the differences in legislative terminology, prosecutorial challenges, and judicial outcomes, underscoring the need for uniformity and clarity in legal standards. The findings aim to inform policymakers, legal practitioners, and advocates, offering recommendations for enhancing legal frameworks to better address and prosecute digital rape, thereby ensuring justice for survivors

Upaya Penanganan Cyberbullying di Media Sosial: Studi Perbandingan antara Indonesia dan Korea Selatan

Cyberbullying or online bullying has become an alarming global phenomenon, especially in the current digital era. This study discusses and compares the policies and approaches implemented by Indonesia and South Korea in handling cyberbullying cases. The comparative descriptive approach used in this research collects data from various secondary sources, including scientific literature, research reports, and legal and policy documents. Policies for handling cyberbullying are regulated through the Information and Electronic Transactions Law as well as several additional regulations, although they still face challenges in effective and consistent implementation. Meanwhile, South Korea relies on several key legal products and an inclusive approach, although its regulatory implementation also faces challenges. Both countries have their own complexities in dealing with cyberbullying, which are influenced by social, cultural and technological factors. The results of this research emphasize the importance of inter-agency coordination, improvements in legal definitions, and increased public awareness as keys to increasing victim protection and reducing future cyberbullying incidents.

Perlindungan Hukum Bagi Korban Tindak Pidana Perdagangan Orang (Human Trafficking) Dalam Persfektif Undang-Undang Nomor 21 Tahun 2007 Tentang Pemberantasan Tindak Pidana Perdagangan Orang

Human trafficking, also known as human trafficking, is a new form of transnational crime that is increasingly rampant. The crime of trafficking in persons is a modern form of human slavery, the crime of trafficking in persons, has expanded in the form of a network of organized and unorganized crimes. The crime of trafficking in persons even involves not only individuals but also corporations and state administrators who abuse their authority and power, According to Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons Article 1 paragraph (1), human trafficking is the act of recruiting, transporting, sheltering, sending, transferring or receiving a person with the threat of violence, use of violence, kidnapping, detention, forgery, fraud, abuse of power or vulnerable position, debt entanglement or payment or benefit, This type of research is normative legal research, namely research that has the object of study on legal rules or rules. Legal protection for victims of human trafficking is very important, so various efforts are made so that they get the right to become useful human beings before returning to society. As well as efforts to empower economically and educationally so that victims are not trapped again in human trafficking. Adequate legal protection for victims of crime is not only a national issue, but also an international one, because this needs to receive serious attention, including victims of human trafficking. Victims of crime, who are basically the parties who suffer the most in a criminal act, do not receive as much protection as the law gives to criminals. As a result, after the perpetrator of the crime has been sentenced to criminal sanctions by the court, the victim's condition is not cared for.

Efforts to Prevent Crime Triggers in Sexual Murder Cases in China Through Public Education, Victim Protection, Perpetrator Rehabilitation, and Law Enforcement

Efforts to Prevent Crime Triggers in Sexual Murder Cases in China Through Public Education, Victim Protection, Perpetrator Rehabilitation, and Law Enforcement

Women's Shelter, a prison in reverse: when the protection of victims imprisons them.

This article aimed to know a Shelter for women in situations of intimate partner violence at imminent risk of death located in the state of Rio de Janeiro from the perception of its professionals. To this end, this qualitative research adopted semi-structured interviews with seven professionals directly involved with the care and assistance to the Shelter's user population. The findings were interpreted through Bardin's thematic content analysis. Moreover, the profile of the women and children sheltered in 2021 was drawn based on the data provided by the institution. In conceptual terms, this work focused on intersectional feminist theoretical references. Among the results, we argue that the shelter is permeated by contradictions, from its normative idealizations to institutional practices: on the one hand, the shelter represents the possibility of salvation, that is, of interrupting the escalation of violence and, therefore, preventing femicide. However, on the other hand, it appears as an upside-down prison, which "incarcerates" the victims. We highlight the importance of thinking about new ways to ensure protection for women who need this shelter.

Inisiasi Pembekalan Beladiri Praktis Sebagai Sarana Non-Penal Terhadap Ancaman Kekerasan Seksual di Lingkungan Kampus

The threat of sexual violence in Indonesia, which is getting worse day by day, has become an urgency for all levels of society in Indonesia. Inappropriate legal interpretations in society often raise big question marks about the protection of victims of sexual violence. Therefore, how is forced defense (noodwear) implemented as a reason for abolition of criminal penalties in Indonesia? At the same time, how is Article 49 paragraph (1) of the Criminal Code applied to crimes of morality? To solve this problem, it is not only the government that must intervene. However, people must also have self-defense, for example through practical self-defense movements that can protect themselves, but do not kill the perpetrator so that the victim does not go too far in defending himself. How to implement practical self-defense movements in an effort to protect victims of sexual violence? This is the problem we will examine to provide a solution. In this way, it is hoped that this effort will be able to produce an in-depth study regarding the protection of victims of sexual violence and how to apply practical self-defense to protect themselves when victims experience an act of sexual violence.

Legal Protection of Child Victims of Prostitution and its Contribution to the Development of Child Protection Law in Indonesia

This article analyzes the implementation of legal protection for child victims of prostitution in Lampung Province and its contribution to the development of child protection law in Indonesia. The research aims to evaluate the alignment between child protection practices and the provisions of Islamic law and positive law, and to identify regulatory needs that support comprehensive protection for child victims of sexual violence. The theory used is the theory of mashlahah mursalah, which emphasizes general welfare. This study employs field research with a qualitative approach and inductive reasoning. Data were collected through interviews and documentation from the Women and Children's Protection Agency of Lampung Province. The findings indicate that the implementation of legal protection for child victims of sexual violence falls short of the expectations set by the constitution and legislation. There is a need for more stringent policies to ensure that victims receive legal protection and free access to necessary facilities. The conclusion of this research is that efforts to protect child victims of sexual violence require regulatory improvements to align with the mandate of the 1945 Constitution. The contribution of this study lies in the development of policy recommendations that can enhance legal protection for children in Indonesia and provide insights into the importance of synergy between Islamic law and positive law in protecting children's rights.

INTERNATIONAL MECHANISM FOR PREVENTION OF TRAFFICKING OF WOMEN AND THE LEGAL ANGLE RELATED TO THIS

The research paper titled ‘‘International Mechanisms for Prevention of Trafficking of Women and The Legal Angle related to this" deals with the multifaceted and critical issue of trafficking of women, exploring the intricate web of international mechanisms and legal frameworks that seek to prevent and address this grave violation of human rights. The paper delves into the systemic factors, vulnerabilities, and repercussions of trafficking, with a specific focus on its disproportionate impact on women. The research systematically examines a range of international mechanisms, agreements, conventions, and protocols that have been established to combat trafficking, shedding light on the collaborative efforts of the nations and many international organizations to eradicate this heinous practice. This research paper examines the global frameworks established to prevent and address trafficking in women, and explores the legal dimensions and implications of these frameworks. Drawing on a comprehensive array of legal sources, case studies, and empirical data, the paper dissects the legal dimensions of trafficking, analysing the complexities of defining and prosecuting this crime on a global scale. It scrutinizes the challenges posed by differing legal definitions and interpretations across jurisdictions, highlighting the necessity for harmonization and standardization of legal frameworks to effectively address trafficking and provide justice for victims. The paper also investigates the vital role of international organizations, including the United Nations and its various agencies, in developing and executing strategies for prevention, victim protection, and prosecution. Ultimately, the research paper underscores the urgent necessity for a unified and coordinated international strategy to tackle the trafficking of women. It underscores the importance of aligning legal frameworks, enhancing cross-border cooperation, and fostering a global commitment to eradicating this abhorrent practice. By shedding light on the intricate web of international mechanisms and legal angles surrounding trafficking of women, the research paper contributes valuable insights and recommendations to the ongoing global efforts to prevent and address this deeply concerning violation of human rights.

Siyasah qadhaiyyah’s Invention on the Right to be a Victim of Revenge Porn

This research aims to investigate the background and rights of revenge porn victims in Bandung City, while also examining Siyasah Qadhaiyah's perspective on this issue. The research method employed is qualitative descriptive analysis with an empirical juridical approach to gather and analyze data related to these cases. The findings reveal that the background of revenge porn involves easy access to technology, extortion by former partners, and legal inadequacies in combating cybercrimes. LBH Bandung emphasizes the victims' need for legal, psychological, and social support. Victim rights, including privacy, control over personal information, access to justice, and legal protection, are crucial for their recovery and are regulated in various laws such as Human Rights Law, ITE Law, Pornography Law, and the Law on Elimination of Sexual Violence. Regarding Siyasah Qadhaiyah, there is alignment with the principles of state trust and responsibility in shaping regulations according to Islamic legal principles and public welfare. Government policies in formulating the Law on Elimination of Sexual Violence and efforts in psychology, technology, law enforcement, and preventive measures, signify an orientation toward the public interest. The impact of this research lies in a better understanding of the issue of revenge porn, highlighting the need for legal and psychological protection for victims, and ensuring the fulfillment of their rights for their recovery within society. It provides a foundation for further policies that accommodate victim protection and strengthen regulations related to cybercrimes.

NATIONAL AND INTERNATIONAL COOPERATION IN INVESTIGATING CRIMES OF CHILD SEXUAL ABUSE OR SEXUAL EXPLOITATION COMMITTED BY USING INFORMATION TECHNOLOGIES

This article explores the relevance of national and international cooperation in investigating crimes of child sexual abuse and exploitation using information technology. It will look at the cooperation between prosecutors and forensic experts, which is essential to carry out accurate forensic examinations of the devices involved, thus facilitating the identification and proof of offences. It also discusses the involvement of specialised NGOs, which contribute significantly to the detection of crime and provide additional resources and expertise in the investigation process. The role of psychologists and psycho-educators in interacting with child victims to ensure a sensitive and appropriate approach, safeguarding their welfare and ensuring respect for the best interests of the child will be addressed. In terms of international cooperation, the article examines international legal assistance, in particular, the formation of joint investigation teams, essential for coordinating cross-border efforts in the context of globalised crime, and collaboration with organisations such as Interpol and NCMEC. Thus, the article stresses that these forms of cooperation create an integrated and comprehensive framework for tackling the crimes under consideration, ensuring the protection of victims and bringing offenders to justice.

RESTITUTION RIGHT FOR VICTIMS OF SEXUAL VIOLENCE

The legal protection for victims of sexual violence has been addressed in statutory regulations, but its implementation remains inadequate. This is evident in the lack of competence and training among law enforcers in handling victims of sexual violence, as well as the absence of psychologists/psychiatrists who can provide assistance in explaining mental conditions. The objective of this study is to examine the legal safeguards available to victims of sexual assault crimes and evaluate the compensation options provided to these victims. This study was conducted utilizing a normative juridical research methodology, which specifically involves analyzing the implementation of legal laws or norms. This research employs both a statutory approach and a conceptual approach. The government has not adequately fulfilled its responsibilities in providing the necessary facilities and equipment to handle, protect, and support victims of sexual abuse. Statutory regulations have established compensation in the form of restitution, but the victim must still take initiative by submitting a request to secure the right to reparation. Restitution should be mandatory for the perpetrator/defendant to compensate the victim, irrespective of whether the victim initiates a request or not.