Rights Of Victims Research Articles

PENDEKATAN RESTORATIVE JUSTICE DALAM MELINDUNGI KORBAN KEKERASAN SEKSUAL

The restorative justice approach basically exists to reduce the number of prisoners in prisons. Therefore, as much as possible it is resolved peacefully (mediation) with the aim of restoring the situation to its original state and restoring the pattern of good relations in society. In the case of sexual violence, the loss suffered by the victim is not only physical and material but also psychologically and socially affected. Whether then this Restorative Justice can protect victims and guarantee the rights of victims, of course this is still a big question mark. Physical and material losses may be able to recover in a short time, but psychologically it takes so long even a lifetime. In addition, there is no security guarantee that the perpetrator will not threaten the victim or even repeat his actions when the Restorative Justice process is completed.

Peculiarities of Realization of the International Mechanism for the Protection of the Rights of Victims of Armed Conflict in the East of Ukraine

The article analyzes the content of international legal acts related to the protection of the rights of victims of military conflicts. At the same time, its results identify the characteristics of its implementation in Ukraine. It has been established that some of these legal sources have not been ratified by Ukraine or otherwise Ukraine has not given them a binding legal effect. Using a documentary-based methodology close to legal and political hermeneutics, this article develops scientifically sound and relevant proposals aimed at improving the legal mechanism to protect the legitimate interests and rights of the victims of the military conflict in Eastern Ukraine. It is concluded that the current legal problems not only negatively affect the state of law enforcement activity in Ukraine, which is directly related to the content of this process, but also does not allow adequate influence on the determinants that give rise to, and cause military and territorial conflicts in Ukraine, a situation that can be extrapolated to other societies near or far.

International And National Mechanisms For The Protection Victims Rights Of Armed Conflict In Eastern Ukraine

In order to determine the implementation of constitutional rights and freedoms of citizens affected by the military conflict in eastern Ukraine, bringing current legislation to world standards, the scientific article: explores the main sources of international humanitarian law governing legal relations in armed aggression; the current state of protection of constitutional rights and freedoms of citizens affected by the armed conflict in eastern Ukraine is considered.
 The methodological basis of the scientific article was general and special methods and techniques of scientific knowledge aimed at developing effective mechanisms to protect the rights of victims of armed conflict in eastern Ukraine.
 It is stated that there is no effective mechanism for applying the provisions of the relevant regulations on the protection of fundamental rights and freedoms of the population during an international armed conflict. To this end, regulatory proposals have been developed to protect such categories of the population as women, children, prisoners of war, the wounded and the sick. The main organizational measures at the national level include: preventing and combating all forms of discrimination, gender-based violence, human trafficking and slavery, providing quality assistance to victims; conducting a timely investigation and taking appropriate measures in respect of any cases of damage, confiscation and looting of property in the area of the Joint Forces Operation, the commission of other criminal offenses.
 It is indicated to ensure adequate state guarantees for the protection of fundamental human rights: to life and the existence of legal mechanisms for effective investigation of violations of this right; to freedom and personal integrity, to effectively investigate the crimes of enforced disappearance, to release hostages, to restore their rights and to ensure their rehabilitation; to an independent, fair trial within a reasonable time.

Міжвідомча взаємодія у боротьбі з домашнім насильством

The role of interdepartmental interaction to combating against domestic violence is described. The need for interdepartmental cooperation in combating against domestic violence is highlighted. Interdepartmental cooperation is considered as a coordinated prevention of domestic violence and ensuring effective and practical realization of the rights of victims. Aspects (appearance, meaning, process, result) of domestic violence are described. It is stated that the act of domestic violence is a planned, conscious, controlled process. It is proved that in accordance with international standards and domestic legislation, interdepartmental cooperation is carried out both in the field of prevention and combating domestic violence. A socio-pedagogical model of domestic violence prevention is developed. The use of the model makes it possible to describe not only the long-term relationships between its components, but also to determine the potential ability of individual components in the future to restore equilibrium. In general, the developed socio and pedagogical model of prevention of domestic violence will effectively to combating against domestic violence and its recurrence. Presented analysis demonstrates the benefits of comprehensively reflecting the interagency relationships between different organizations and victims of domestic violence.

Emphasising socio-economic narratives of truth, justice and reparations in The Prosecutor v. Dominic Ongwen

ABSTRACT The rights of victims at the International Criminal Court (‘ICC’ or ‘Court’) mirror their normative rights in international human rights law – victims’ rights to truth, justice, and reparations. However, the reality of victim participation is oftentimes formalistic, overlooking victims’ priorities. This is demonstrated by the lesser importance given to violations of social and economic (‘ES’) rights by the ICC, which are privileged by victims as being central to addressing their immediate needs, and are often a contributing factor to the root causes of conflict. This article suggests three ways in which the ICC can incorporate an ES rights perspective within its victims’ mandate, by reference to the case of The Prosecutor v. Dominic Ongwen. Firstly, the ICC must ensure a broad interpretation of truth where socio-economic causes and effects of conflict are considered as part of victims’ right to the truth in judicial pronouncements. Secondly, the Office of the Prosecutor must ensure that socio-economic violence is broadly reflected within the scope of the charges brought forward against an accused person/s where relevant. Lastly, the ICC Trust Fund for Victims must act with speed to ensure immediate assistance to victims and reparation orders must seek to dismantle pervasive systems of structural inequalities.

From Neuroethics to Neo-romanticism. Aldous Huxley in Response to Current Proposals for Ethical and Legal Regulation of Neuroscience

The neuroethics field emerged in the early 2000s in an effort to face important philosophical dilemmas and anticipate disruptive social changes linked to the use of neurotechnology (Safire, 2002). From very early on, this field grew out of two core issues, namely inquiries into the ethics of neuroscience –concerning the moral use of knowledge and technology– and inquiries into the neuroscience of ethics –on how new brain function evidence can change human self-understanding (Roskies 2002). Similarly, neurolaw is now on a parallel path with two main pillars as Chandler (2018) suggested, (1) “self-reflexive inquiry” (the neuroscience of law) and (2) “inquiry into the development and use of brain science and technologies” (the law of neuroscience). In this paper, I suggest that these two lines of research are still excessively disconnected from one another and, to support this claim, I analyze the three potential point-of-no-return risks that Aldous Huxley associated with technological challenges, namely centralization of power, bureaucratic alienation, and scientific idealism. In addition, I show how Huxley shifted analysis of technological problems from a focus on the rights of potential victims to the duties of potential aggressors. Finally, I argue that Aldous Huxley’s view on how to build a bridge that brings pillars 1) and 2) closer together also helps prevent the technological point-of-no-return. According to Huxley, the key is found in paying particular attention to understanding contemplative activity, reinforcing its role in the study of reality, and, eventually, returning the romantic gaze updated to academia.

Nilai Insaniyah Mediasi Penal

The settlement of criminal cases with peace called penal mediation is the settlement of cases outside the judicial process. Eleventh United Nation Congress on Crime Prevention and Criminal Justice in Bangkok 18-25 April 2005 in Resolution No. A/conf.2033/18 acknowledges that penal mediation is a reference for resolving all criminal cases, without being able to impose imprisonment, but it is necessary to pay attention to the rights of victims and perpetrators, to realize restorative justice. This study will discuss the regulation of penal mediation as an alternative to criminal case settlement in Positive law, as well as the human values contained in Decision No.19/Pid.Sus/2019PN.Sim. and Decision No.1/Pid.C/2021/PN.Rgt. This research is a descriptive research with a juridical-normative approach. The results of this study indicate that penal mediation arrangements can be found in Indonesian positive law, but these regulations are under the law. The human value of the judge's decision is reflected when the victim and perpetrator have a balanced position, there is no win-win position, and the disturbed balance of society can be restored as before.

„Akademicki kaprys” czy „budowanie zrozumienia”? Refleksje z badań antropologicznych o sprawiedliwości naprawczej

“Academic Whim” or “Building Understanding”? Reflections from Anthropological Research on Restorative Justice The article focuses on restorative justice as a form of contestation against the retributive Western justice system. The emergence of the concept of restorative justice is strongly linked to the development of victimology and the movement fighting for a greater involvement of victims in the criminal proceedings. Embedded in the pattern of oppositions associated with retributive and restorative justice – conflict versus dialogue, power versus community, punishment versus responsibility – are motifs that point to the complexity of the matter of dispute resolution. The article is based on the results of research carried out in the frame of the project „Protecting and Defending the Rights of Victims of Anti-LGBT Hate Crimes: Innovative Paths through Restorative Justice (LetsGoByTalking)”.

Knowing Victims to Protect Them, A Book Review “Viktimologi: Perlindungan Korban dan Saksi” Bambang Waluyo, S.H., M.H., Sinar Grafika Jakarta, 2011, 320 pages, ISBN 978979074378

Understanding Victim (victim) and logi (science), Latin "victima" victims of "logos" science. Means knowledge about victims of crime. In a criminal trial the parties that play a role are the public prosecutor, judge, defendant, and legal counsel and witnesses. The victim was represented by the public prosecutor and to corroborate the usual evidence he was made a witness (victim). Often the public prosecutor acts at will by not representing the interests of the victim and ignoring the victim's protection rights. The victim was ignored because: The problem of crime cannot be understood in proportion The problem is not based on the prevailing theory Understanding the problem is not seen from the human side

The rights of victims of crime as a manifestation of human rights

In the article, senior lecturer Yordanov analyzes the protection of the rights of crime victims by the police authorities. The injured person is not always aware of what rights and means he has when a crime has been committed to him in order to be able to defend himself fully. The rights of the victim of crime are part of human rights. This means that their rights must be seen in the context of the characteristics of human rights, therefore the fundamental characteristics of human rights also manifest in the rights of victims of crime.

DEKRIMINALISASI PENGGUNA NARKOBA : POLITIK KRIMINAL PENANGGULANGAN PROBLEMATIKA OVERCAPACITY LEMBAGA PERMASYARAKATAN DI INDONESIA

Prison overcapacity is one of the crucial legal issues at this time, in this case the overcapacity has reached 204%. The large number of narcotic convicts is one of the causes of prison overcapacity, related to this, narcotics convicts reach 50% of the total inmates in Indonesia. The purpose of this study was to determine the need for drug users, namely abusers and drug addicts to be handled with non-penal efforts and decriminalization of drug abusers in order to reduce the level of overcapacity of prisons in Indonesia. The research method used is normative legal research that prioritizes secondary data. The results of the study confirm that addicts and abusers are victims who are entitled to protection so as not to become victims of criminal acts and have the right to obtain guarantees or rehabilitation for the losses they have received. So that non-penal efforts are needed to protect the rights of victims and decriminalization needs to be done as part of criminal politics to bring criminal law to a better direction, in this case upholding the rights of victims and being a solution to the problem of overcapacity in prisons in Indonesia.
 Keywords: Overcapacity, decriminalization, rehabilitation

MENINJAU ULANG SANKSI KEBIRI KIMIA DARI PERSPEKTIF PEMBAHARUAN HUKUM PIDANA BERDASARKAN PANCASILA

Starting from the state's concern about the increasing numbers of sexual violence against children, the government has issued a chemical castration policy for perpetrators of sexual violence against children as an additional punishment or treatment. In general, children are a group vulnerable to sexual violence. This is because children are deemed unable to defend themselves and inadequate sex education in Indonesia. Through this research, the researchers tried to see whether the implementation of the castration policy can be the right form of punishment. By using the normative juridical method through an approach to legal principles with qualitative data analysis presented in a descriptive-analytical manner, the researchers found that the chemical castration policy against perpetrators of sexual violence against children actually injures the concept of criminal law reform which is currently on the country's big agenda to create criminal law in accordance with the values ​​of Pancasila, namely peace. The chemical castration policy is also a form of state neglect of the rights of victims and the rights of perpetrators which should be accommodated properly, without having to use chemical castration as a solution. Keyword: Chemical castration, Balance, Victims, Criminal law reform, Perpetrators.

SOSIALISASI PENCEGAHAN DAN PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA (KDRT)

Domestic violence is an act of violence against women that is often invisible. Along with cases of domestic violence that are increasing day by day, the government issued a Law on the Elimination of Domestic Violence, with the aim that victims of domestic violence, especially women, are expected to obtain legal protection. The problem that arises then is how to protect the law against victims of Domestic Violence (KDRT) to prevent criminal acts of domestic violence. The existence of Law Number 23 of 2004 concerning the Elimination of Domestic Violence is expected to be able to provide significant legal protection for victims of Domestic Violence (KDRT). The forms of protection regulated in this law are temporary protection from the police, court protection and placement of victims in safe houses. However, the results of research, both through District Court decisions and informants, show that the form of protection for victims of domestic violence is still dominant through repressive actions (imprisonment sentences) to perpetrators, while temporary protection and permanent protection from the courts are less attention Domestic violence is an act of violence against physical, psychological, sexual and neglect in the family. Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT) has regulated the protection for victims, but it does not fully fulfill the rights of victims. Criminal action, which is the goal of the Domestic Violence Law, often has a negative impact on victims, including: divorce and domestic disharmony. In addition, the imposition of a criminal offense is also contrary to other objectives to be achieved by the Act, namely: the maintenance of a harmonious and prosperous household. The PKDRT law provides opportunities for the involvement of the government, victims and the community in accordance with the idea of restorative justice which is already known by the Indonesian people as a form of local wisdom, but the protection of victims has not been fulfilled. Meanwhile, if the crime will be used in resolving domestic violence cases, it must be as selective as possible, especially if the consequences of the acts of the perpetrators of domestic violence will threaten and endanger the survival of the victim. Regarding forms of violence, violence is not merely physical in nature such as: beatings, torture or torture which easily leaves visible evidence. In many ways violence always takes many forms as well as many dimensions. Psychological violence such as constant fear, receiving threats, making someone feel humiliated, is another form that is very difficult to prove but leaves a long imprint on everyone's memory. Keywords: Violence, Domestic, Legal Protection

Technology facilitated re-victimization: How video evidence of sexual violence contributes to mediated cycles of abuse

With the ubiquity of technological devices producing video and audio recordings, violent crimes are increasingly captured digitally and used as evidence in the criminal justice process. This paper presents the results of a qualitative study involving Canadian criminal justice professionals, and asks questions surrounding the treatment of video evidence and the rights of victims captured within such images. We argue that loss of control over personal images and narratives can re-traumatize survivors of sexual violence, creating technologically-facilitated cycles of abuse that are perpetuated each time images are viewed. We find that the justice system has little to no consistent policy or procedure for handling video evidence, or for ameliorating the impact of these digital records on survivors. Subsequently, we assert that the need for a victim-centred evidence-based understanding of mediated evidence has never been greater.

Discontinuity formulation of restitutions in Aceh qanun against the protection of rape victims

This study discusses the fulfilment of the rights of rape victims in Aceh in the form of restitution payments. Restitution which is the main punishment in Qanun Aceh No. 6 of 2014 concerning the Jinayat Law, has never been included in the judge's decision in the cases of rape. Basically Qanun Jinayah has shown its side with rape victims by formulating punishments for perpetrators which are certain to have a deterrent effect such as the length of prison sentences and the number of sentences handed down to the perpetrators. However, the problem of hampering the fulfilment of restitution to victims is a new problem in the realm of enforcing the Jinayah Qanun in Aceh. This raises the question of why restitution was never included in the decision of the Sharia Court for the rape case in Aceh. This research is a literature study using a normative approach which is then explained descriptively. The results of this study showed that the restitution was never included in the decision is due to the incompatibility of the restitution formulation mentioned in the Jinayat Law Qanun and later referred to differently in the Jinayat Procedural Law, namely as compensation. The fulfilment of this right to restitution is also hampered due to the absence of a governor's regulation that contains technical rules regarding the mechanism for executing restitution for victims. The impact of this discontinuity in the formulation of restitution makes judges unable to include sanctions for restitution in their decisions.

WINNING AT ALL COSTS TOO COSTLY S v Rozani; Rozani v Director of Public Prosecutions, Western Cape 2009 1 SACR 540 (C)

The role of the public prosecutor is one to be respected. Members of society expect to enjoy lives free of violence, theft and other criminal violation; in return, they surrender the exercise of “vengeance” and vigilantism to the state. The public prosecutor (inter alia) is entrusted with the duty of ensuring that justice is served in bringing transgressors to book. The public prosecutor thus has the onerous task of ensuring that the rights of victims are served and given a voice, but at the same time doing so in a manner which upholds the basic tenets of a free, fair and just society. The duty and role of the defence attorney (state appointed or otherwise) ismuch the same. He or she is expected also to serve justice by giving his or her client (paying or pro bono) the best service and defence he or she is capable of. Obviously, this does not mean conjuring up or “manifesting” a defence. But he or she must, at the very least, prevent his or her client from pleading guilty to an offence where one was not committed. The recent decision in Rozani (2009 1 SACR 540 (C)) makes it evident that the fulfilment of such goals and ideals is not easy. The legal profession has gained a rather dubious reputation, attracting epithets such as “con-artist”, “shyster”, “opportunist” and “shark”, amongst others. The perception that individuals join the profession only to make a “quick buck” has stuck and the case at hand certainly seems to show this, reflecting not only a callous disregard for justice, but also what is blatant incompetence on the part of both the prosecutor and the defence attorney. Reading the facts of the matter, one wonders about the general standard of lawyers entering the profession – one cannot but marvel at the farcical aspect of the facts in Rozani. The main objective of practitioners within a criminal justice system should not be to win at all costs, but rather to ensure that justice is served. The facts leading up to the review in Rozani reflect the prosecutor’s need to chalk up wins and the defence attorney’s need to meet fee targets at whatever cost. The decision and remarks from the bench form a sobering commentary on the state of the criminal courts and the pursuit of justice in South Africa. While the level of crime in this country bolsters the need to convict criminals, this provides no excuse for disregarding the basic tenets of justice.

Restitution rights for children of victims of sexual crimes: between protection and reresting

One of the crimes that are prone to happen to children is sexual crime. Sexual crimes committed against children will have a psychological impact on the child, in the form of mental and emotional state disorders, so that the child who is the victim should be given great attention to the suffering or loss experienced in the form of restitution from the perpetrator. The purpose of this research is to study and analyze how the fulfillment of restitution for child victims of sexual crimes and the extent to which law enforcers and victims influence the fulfillment of these restitution rights, so that empirical research methods are used to answer these problems. The results of this study indicate that the fulfillment of restitution rights for child victims of sexual crimes in the city of Makassar is not fulfilled. This is evidenced by only one case where the victim submitted a request for restitution and the victim did not get restitution from the perpetrator. Law enforcers and victims each have influence in fulfilling restitution rights. Even so, the role of the victim has a bigger influence, this is because even though the law enforcer should inform the victim about the right of restitution, it is the victim who decides whether to apply for restitution or not because restitution can only be obtained if the victim submits a request. not automatically accepted by the victim.How to cite item: Miftahul Jannah, S., Muchtar, S., Mirzana, H. (2021). Restitution rights for children of victims of sexual crimes: between protection and reresting. Jurnal Cakrawala Hukum, 12(2), 223-232. doi:https://doi.org/10.26905/idjch.v12i2.4705

Procedural convergence

AbstractUniversities face a dilemma in determining how to create fair, consistent, and reliable processes that respect the rights of both alleged perpetrators and victims and encourage people to bring complaints forward. Using the literature on non-law forms of ordering and neo-institutional theory, this article examines university Ombuds and Title IX Coordinators and their handling of sexual misconduct disputes. Primary data collection included a review of 1200 documents and interviews with 14 Ombuds and 13 Title IX Coordinators from 22 large institutions of higher education between 2011 and 2014. This study concludes that Ombuds and Title IX Coordinators, despite being designed in sharply contrasting ways, converge (but not fully) toward a hybrid of formality and informality. This paper examines Title IX to understand what drives convergence behavior and to analyze how the recent changes in the law may alter the process of convergence. As Title IX law continues to develop, the theory of procedural convergence has important implications for the creation of non-law dispute mechanisms and the balance between individual rights and the organizational development of legal norms.

Draft Law on Criminal Misconduct given the German Experience of Legal Regulation

The paper considers the second attempt made by the Supreme Court of the Russian Federation in terms of introducing the concept of criminal misconduct into the Russian criminal and criminal procedure legislation, examines the goals of its introduction. The authors conclude that the introduction of a criminal offense in the draft law No. 1112019-7 will entail the need to review some approaches in Russian law: the legal nature of the crime, the ratio of a criminal offense with a minor act and an administrative offense, the elements of a crime with administrative prejudice, the principle of justice. It seems possible to achieve procedural effectiveness, reduce the burden on judges and protect the rights of victims without introducing a criminal offense within the existing criminal and criminal procedural mechanisms related to exemption from criminal liability and expansion of non-rehabilitating grounds for termination of a criminal case or criminal prosecution. It seems possible to use the already established categorization of crimes in relation to crimes of small and medium gravity. In terms of expanding the grounds for terminating a criminal case or criminal prosecution, it is appropriate to use the experience of the German legislator, which provides for the possibility of terminating criminal prosecution on grounds of expediency when the accused fulfills various duties and regulations assigned to him. In German criminal procedure law, the termination of criminal prosecution on grounds of expediency when assigning duties or prescriptions to the accused is the right of the relevant officials and bodies, and not their obligation, since in fact it is an alternative to criminal prosecution. This will allow it to be terminated at a certain stage in the case when there are all legal grounds for criminal prosecution.

Legal Analysis of the Exemption of Iranian Red Crescent Relief Workers from Compensation for Traffic Accident Injuries

INTRODUCTION: The main activities of the Red Crescent rescuers are to rescue and release the injured. Most of the actions of these forces in road accidents cause damage to the body and rights of injured persons and third parties. These damages, which are required to carry out the activities of the relief force, are allowed subject to the normal damage; however, they are responsible for the damages that result from their indulgence and misappropriation. The main question is "What are the legal principles of exemption of relief workers from civil liability and how is it possible to combine the protection of the rights of the victims toward their bodies, lives, and property with supporting the good intentions and actions of the aid workers and performing their legal duties? METHODS: This descriptive-analytical research describes the subjects or phenomena and their conditions and elements. Considering that to conduct research and explain the content, the provision of legal analysis is based on the analytical method, the method of data analysis is also based on the logical analysis. In this research, documents at traditional and digital libraries were used for data collection and note-taking was employed as the tool to gather data. FINDINGS: This study, through contrasting the two ideas of protecting aid workers and the rights of victims to physical integrity, aimed to destabilize the relief workers' exemption based on such principles as beneficence, rule of law, urgency, and benevolent intervention and determine the limits and conditions of such exemption to ensure that the guaranteed rights of the injured individuals are not violated on their bodies and property. CONCLUSION: It seems that the rule of law is the only basis that can always justify the relief workers' exemption from civil liability and other justifiable factors cannot always be compatible with the situation of relief workers. According to the rule, beneficence, the rule of law, benevolent intervention, and urgency can be considered factors in exempting relief workers. However, matching the situation of the rescuers with the justifiable factors shows that the main basis of the rescuers' exemption is the rule of law, which gives them the authority and duty to carry out rescue operations, and the necessary damages to rescue the injured is based on the rule of "permission in the object results in permission in its consequences".