Rights Of Victims Research Articles

Pemenuhan Hak Korban Tindak Pidana Kekerasan Seksual dikaitkan dengan UU TPKS

Sexual violence is an act carried out through coercion that aims to fulfill the desires of the perpetrator regardless of the status of the relationship with the victim. Cases of sexual violence certainly have a negative effect on the victims. News about sexual crimes can easily be disseminated, especially since the world has entered the 4.0 era where all information can be easily disseminated using the internet and technology. So based on this, many of the victims are silent about the incident that happened to them because they are afraid that the negative impact will spread widely so that the victim will get ostracized in society. The purpose of this journal is to analyze the fulfillment of the rights of victims of crimes against sexual violence associated with the Law on Crimes of Sexual Violence. This journal method uses a qualitative type. The results of the analysis of this journal are that Law Number 12 of 2022 Articles 66-70 describes the rights of TPKS victims. Some of the rights of victims that are used as a scope include protecting victims from criminal prosecution, protecting against loss of access to politics, education, job transfers, and jobs, protecting victims from law enforcement officials if there is an act of demeaning officials, keeping the victim's identity confidential, protecting victims from violence or the perpetrator's threats, protection information is properly provided in accessing it, and provides protection facilities as well as information about victims' rights.

INTERNATIONAL AND NATIONAL LEGISLATION ON DOMESTIC VIOLENCE PREVENTION AND COMBATING

Domestic violence remains a critical issue that negatively affects the physical and mental health, economic status and social integration of victims. The purpose of the study is to summarise international and Ukrainian legal norms, standards and policies aimed at preventing and combating domestic violence. Research methods: comparative analysis and content analysis to study international conventions, national legislation and regulations. International and national legal acts are aimed at ensuring effective countermeasures against this phenomenon, protecting the rights of victims and creating conditions for the prevention of violence. In general, as of today, a sufficiently strong legal framework has been created to combat cases of domestic violence, and this also applies to Ukrainian legislation, which also tries to respond to existing challenges by adopting a number of laws and by-laws. The state has also introduced a number of mechanisms to support victims, including social and psychological assistance centers, shelters, and mobile teams. The results of the study showed that international documents such as the UN Charter, the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Istanbul Convention play an important role in shaping the legal framework for combating domestic violence. In Ukraine, the legal framework also includes a number of legislative acts, such as the Law of Ukraine ‘On Preventing and Combating Domestic Violence’, which provides for comprehensive measures to protect victims. However, the problem of domestic violence remains relevant and requires further research and legal improvements to ensure effective implementation of international standards and improve the effectiveness of national measures.

Development and Initial Validation of a Scale to Measure Social Abuse in Intimate Partner Relationships.

Social abuse represents a distinct form of intimate partner violence characterized by intentional violations of a victim's social rights and inherent need to belong. This is achieved by tactics such as severing, interfering with, and surveilling the victim's social connections as well as limiting their social participation. Such abuse often results in victims experiencing social isolation, potentially causing adverse mental health outcomes and failure to seek help. This study aimed to develop and validate the Social Abuse Scale (SAS) to measure social abuse in intimate partner relationships. After generating the preliminary items, content validity testing was performed. Ten international experts reviewed the items and assessed their relevance. Additionally, 17 interview participants assessed the items for clarity and ease of response. Thereafter, the SAS was administered to 251 individuals, either currently in or who had an intimate relationship in the previous year. The final SAS comprised 30 items unified under a single-factor structure, which accounted for approximately 69.77% of the total variance. Confirmatory factor analysis confirmed the model's satisfactory fit. The instrument showed excellent internal consistency, as evidenced by Cronbach's alpha and a McDonald's omega value of .986. The SAS can be employed to investigate the prevalence of social abuse, its underlying mechanisms, and its impacts, and it can also assist in further development and evaluation of programs aimed at its prevention.

Positioning participatory rights of victim of crime under International Criminal Law

This paper explores the recognition of victims’ rights in an international armed conflict, tracing it chronologically from the ad hoc tribunals to the modern day international criminal courts and several United nations document duly recognizing the rights and justice for victims. It also throws light on the debate of “Peace swapped with justice” to “Justice swapped with Peace” in the due course of the development of International criminal jurisprudence. In this article, the author shall firstly, analyses if the victims were given the right to participate in the International Military Tribunals; secondly, shall look at the international law that inspired the drafters of “Rome statute” to enable the victims to participate and lastly, shall look at the provisions under the “Rome statute” that enable the victims to participate.

Ensuring the rights of victims during the investigation of crimes against life and health committed by members of youth informal groups (associations)

The article addresses specific issues regarding the protection of victims’ rights during the investigation of crimes against life and health committed by members of youth informal groups (associations). It emphasizes that modern criminology’s theoretical and applied research is focused on finding optimal methods for investigating crimes committed by members of such groups. It is highlighted that in the structure of criminal offenses committed by youth informal groups, crimes against life and health rank second, with nearly one-third involving serious and moderately severe bodily injuries. This is because group violence tends to be more brutal than individual acts, and in all criminal proceedings involving violent crimes, such offenses were committed in groups. There is a noted lack of works dedicated to protecting the rights of victims during the investigation of crimes against life and health committed by members of youth informal groups (associations). The research focuses on understanding the mechanisms that ensure the effective protection of the rights and legitimate interests of victims, analyzing legislative gaps that significantly complicate or even prevent their effective protection. The analysis of international legal principles and standards identified a set of measures that may enable a victim-centered approach in investigating this category of crimes: raising awareness and providing immediate legal, social, and medical assistance (including informing victims of their procedural rights, such as the right to protection and compensation, and access to specialized support services); ensuring physical and psychological protection of victims; employing special interrogation tactics to minimize secondary victimization (investigators should consider the age, psychological condition, health status, and location of the interrogation - whether at the victim’s home, healthcare facility, or investigator’s office); using audiovisual recordings to reduce the number of interrogations; and ensuring compensation for damages.

Legal Analysis Of Victims Of Defamation Through Social Media Reviewed From Ite Law No. 19 of 2016

This study is a legal analysis of victims of defamation crimes through social media, viewed from the perspective of ITE Law No 19 of 2016. In Decision Number 108/Pid.B/2023/PN Mdl, the victim experienced defamation through social media platforms.This case illustrates how the perpetrator used social media to spread information that damaged the victim's reputation. However, this study highlights that the decision did not fully consider the rights of the victim in accordance with the provisions of ITE Law No 19 of 2016, which regulates the protection of defamation victims in the digital era.This research is conducted with a descriptive approach using qualitative methods with normative juridical research types based on secondary data sources taken from court decision case studies and laws with analysis using relevant legal materials. The results of this study show that the final court decision did not fully comply with the prevailing laws in Indonesia in upholding the rights of defamation victims through social media. Judges should further consider the psychological and social impacts experienced by the victims, as well as provide more just and adequate compensation in accordance with ITE Law No 19 of 2016. Therefore, this study suggests that future legal decisions should be more favorable to victims and comprehensively consider the impacts of defamation crimes through social media.

Rights of crime victim under the prevailing laws of Nepal

Rights of crime victim under the prevailing laws of Nepal

Genosida Sebagai Pelanggaran Hak Asasi Manusia (HAM) Yang Berat

Deprivation of Human Rights using various criminal methods has been happening for a long time. Since then, many international regulations have set limits and prohibitions regarding war crimes up to genocide, including judicial bodies that are given responsibility for crimes that have been committed. By knowing the actions and bodies authorized to prosecute serious human rights violations, we can understand current changes in the existence of the crime of genocide. The aim of realizing international legal instruments is to fulfill the human rights of victims, the world community and perpetrators. The research method used is normative juridical. The research approach is through a statute approach, which examines problems using statutory regulations by analyzing relevant laws to be used as a legal basis, such as the Convention on the Prevention and Punishment of the Crime of Genocide in 1948, the Statute of the International Criminal Court in 1998 and the Law on Law Number 25 of 2000 concerning Human Rights Courts. The research results concluded that the crime of genocide is one of four serious human rights violations within the jurisdiction of the International Criminal Court. Genocide always involves two things, namely: objectively it refers to the act of extermination and subjectively the target of the action is a certain group. The International Criminal Court, in accordance with Article 34 of the 1998 Rome Statute, consists of four parts: The Presidency, the Chambers, the Offices of the Prosecutors and the Registry in carrying out its duties. The International Criminal Court will only carry out its functions if the National Court cannot carry out its functions properly, in this case the meaning is if the National Court does not want to try the perpetrator of the crime and unable.

An uncertain participant: victim input and the black box of discretionary parole release

Objective: to analyze the impact of the victim’s input in the parole process according to the US legislation. Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods: formal-logical and sociological. Results: Little is understood about the parole release process, as state parole boards predominately operate with incredible discretion and keep their deliberations and rationales hidden from public view. Even less is understood about the intersection of the inscrutable parole release decision-making process and victim rights. As the victim rights movement mobilized in the1970s, victims, instead of remaining passive witnesses, came to wield significant influence over the release decision process. Today, victim participation in parole proceedings is increasing as most parole boards proclaim how important victims’ voices are and, in turn, actively incorporate victim input into their release calculus. Yet, it is not entirely clear what role, if any, victims should have in the release process because it is not entirely clear what purposes parole release should serve more generally. Rather than resolving these pressing questions that are at the heart of the release decision, the current system gives individual parole board members a great degree of discretion when it comes to how they approach victim input and the role it should serve. This approach has resulted in a release process that treats victim input in a troubling and inconsistent manner, which is unfair to inmates, victims, and parole board members alike. Scientific novelty: To make sense of this situation, this paper identifies four analytical frameworks for understanding discretionary parole release, which reveal board members’ options for approaching victim input. Ultimately, the author proposes that parole boards should approach the release decision as an evaluation of both the inmate’s rehabilitation and the extent to which sentencing’s retributive and deterrent goals have been met. In this vein, victim input should only influence the release decision if it provides information, not emotion, that the inmate is not rehabilitated or that the judge's minimumsentence did not accurately reflect the impact of the crime and that retribution or deterrence has not been met. In recognition of the implications of such an approach, the article proposes procedural changes to the release decision and structural changes to parole boards. These recommended reforms are animated by principles of equity, transparency, and procedural justice. Applying this approach to victim input in the parole process and implementing the corresponding procedural changes can hopefully create a system that is fairer for inmates, minimizes risks of secondary harms to victims, and protects board members from improper external pressures. Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering the issues related to parole release process.

Legal Implementation of Domestic Violence: A Case Study of Military Justice and Social Issues in Ambon, Indonesia

Law enforcement of domestic violence (DV) cases involving members of the military in Indonesia presents unique and complex challenges, particularly as it involves the overlap between general criminal law and military criminal law. This study analyses the relevant legal foundations, namely the Military Criminal Code (KUHPM) and Law No. 23/2004 on the Elimination of Domestic Violence (PKDRT Law), in the context of handling domestic violence cases committed by members of the military. Using a case study method and interviews with victim-witnesses, this research reveals that the application of the law against domestic violence in the military often faces obstacles due to the military hierarchy and strict corps values. The research findings suggest the need for stronger integration between military and civilian legal frameworks, as well as policy reforms in the procedures for handling domestic violence cases in the military to ensure fairer and more transparent justice. In addition, the study also proposes the establishment of a special unit to handle domestic violence in the military, improved gender-sensitive training, and stricter implementation of a "Zero Tolerance" policy to prevent and effectively handle domestic violence cases. These reforms are expected to strengthen military integrity and discipline and protect the rights of victims of domestic violence in Indonesia.

Commissions of inquiry and transitional justice in India: accountability, acknowledgment, and truth in the aftermath of communal violence

ABSTRACT This article examines the contributions made by commissions of inquiry to transitional justice in the aftermath of violent conflict. Drawing on data from India, where commissions of inquiry are routinely instituted in response to episodes of communal violence, it assesses the contributions made by 26 commissions established between 1980 and the present to addressing human rights abuses. The article demonstrates that although some of India’s commissions of inquiry have made concrete contributions to uncovering the truth about human rights violations, acknowledging the rights of victims, and holding perpetrators to account, they have more often served to obscure the truth and avoid accountability for human rights violations. It argues that hey do this both to uphold the legitimacy of the democratic state and to protect powerful actors implicated in perpetrating, inciting, or failing to prevent human rights violations, using strategies of denial, blame shifting, and inaction.

Іnternational and foreign practice of compensation for war crimes

The scientific article is dedicated to the study of international and foreign practices of compensation for war crimes. The article analyzes legal mechanisms and tools used for compensating victims of war crimes in various countries of Europe and the world. The main focus is on the practice of international courts, such as the International Criminal Court (ICC), as well as national judicial institutions that handle war crime cases. Specific cases and decisions that have influenced the development of law enforcement practices in this area are examined. One of the key aspects of the work is the analysis of international treaties and conventions that regulate compensation issues, including the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, as well as the Rome Statute of the ICC. Various compensation models are considered, including monetary compensation, rehabilitation, and other forms of reparation. The article also explores the role of non-governmental organizations and international funds in the process of compensating war crime victims. The effectiveness of different approaches and mechanisms used to ensure justice and restore the rights of victims is analyzed. The work pays attention to the problems and challenges faced by law enforcement agencies when handling war crime cases, as well as the prospects for improving the international legal mechanism for protecting the rights of victims. The research is based on the analysis of specific cases, court decisions, and legal acts, allowing conclusions to be drawn about the current state and possible ways of developing the compensation system for war crimes. Thus, the article contributes to the scientific discussion on improving the mechanisms of legal protection for victims of war crimes and ensuring justice in international law.

프랑스·독일·일본에서의 범죄피해자의 형사절차 참가제도와 우리나라에 대한 시사점

France and Germany, that have adopted private prosecution or recognize private participation in litigation, guarantee crime victims the right to participate in criminal proceedings, allowing them to seek redress and protect their rights. However Japan and Korea, which operate criminal procedures based on the principle of state prosecution, perceive the state criminal procedures as an adversarial relationship between the criminal justice agencies and the criminals, and views crime victims as mere objects of protection and support or as targets of preferential measures. Recently, Japan has introduced a system that guarantees crime victims the right to participate in criminal proceedings to a limited extent. Korea attempted to revise the law to introduce a victim participation system that was much weaker than that of France or Germany, and even Japan, but it was ultimately frustrated. Whenever the neglect of the protection of the human rights of crime victims becomes a social issue, the Korean government has established and implemented measures to strengthen the rights of victims. However, except for victims of crimes that attract social attention, such as sexual assault or stalking, the poor status of victims of crimes such as murder, assault, and fraud has not improved much. With only these intermittent and sporadic measures, it is difficult to properly fulfill the state's duty to protect crime victims. In order to improve the poor status of victims, it is necessary to create a principle provision on the protection of suspects' rights and participation in criminal procedures in the Constitution, and declare at the beginning of the Criminal Procedure Act that the rights of crime victims should be protected. And then a device must be established to protect crime victims in a series of criminal procedures such as investigation, prosecution, trial, and execution of sentence. In particular, it is necessary to build a system that stipulates the right of crime victims to express their opinions at each important stage of the criminal procedure, such as the conclusion of the investigation, decision not to prosecute, decision on detention, pronouncement of judgment, and suspension of execution of sentence, and to notify the progress of the criminal procedure.

양형과 피해자

CONSTITUTION OF THE REPUBLIC OF KOREA ensures the rights of crime victims at the fundamental rights level by stipulating the right to make statements during judicial proceedings and the right to claim assistance. The necessity of guaranteeing the rights of victims in criminal procedures is an important criterion used in practice when making judgments on specific cases nowadays. Particularly in recent rulings, issues include: ① the revision of sentencing guidelines and changes in the content of ‘non-prosecution requests’ and ‘agreements’ through these revisions, ② the newly implemented criminal deposit, and ③ the distinction and relationship between prosecution conditions and sentencing factors. Traditionally, criminal law has focused on offenders, with victims and their conditions not being a primary concern. Discussions on penal theory have often overlooked victims. To address this, the concept of “restorative justice” is sometimes introduced. However, the status of victims can also be secured through perspectives that view crime as a violation of mutual recognition relationships or through the positive general prevention theory in penal theory. However, considering the provisions of the Criminal Act and the Court Organization Act regarding sentencing, taking victim recovery into account during sentencing can be justified from the perspective of special prevention. Additionally, agreements or deposits should also be seen as meaningful in relation to victim recovery.

범죄피해자 권리의 헌법적 보장의 의의 - 범죄피해자구조청구권을 중심으로

The state's compensation for crime victims is a financial support provided to victims or their families in cases where the victims have died, sustained disabilities, or suffered severe injuries due to criminal acts, and have not been fully or partially compensated for their damages. This support is given based on the constitutional rights of crime victims. Considering the purpose of this system, the court's consideration of the offender's repayment of the compensation as a mitigating factor in sentencing is an incomprehensible judgment. This paper addresses the importance of protecting the rights of crime victims and their constitutional guarantees. It focuses on the introduction and significance of the crime victim compensation claim. By examining various case laws, the paper reviews the current state and issues of the crime victim protection system and discusses the obligations and roles of the state in ensuring the fundamental rights of crime victims. The necessity of legal and institutional remedies is emphasized to establish the crime victim compensation claim as a constitutional right for the protection of crime victims' human rights. The paper aims to explore measures to ensure that the rights of crime victims are substantively protected.

형사사법절차에서 피해자재판절차진술권의 제 문제와 개선방안

Due to notification issues during the investigation stage, it is difficult for victims to exercise their right to testify, and in the procedure for filing an objection to the police’s decision not to forward the case, the complainant is excluded, leading to the infringement of victims' rights in cases of sexual violence or abuse involving children or people with disabilities. The Criminal Procedure Act does not contain general provisions regarding the right of victims, such as complainants, to request evidence preservation. There is also no provision in the Criminal Procedure Act for notifying victims of the date of the pre-detention suspect interrogation. The pre-detention suspect interrogation procedure only includes provisions for the attendance of the victim's lawyer and the right to express opinions. Despite the consideration of the risk of harm to the victim in cases of release on bail, the procedure for reviewing the validity of detention does not include a provision for confirming the victim's intention. Even if a summary trial proceeds to a formal trial, the victim is not notified. Legislative attempts have been made regarding the right to access and copy records, but these have not been successful. When a defendant requests a jury trial, there is no regulation for notifying the victim or confirming the victim's intention. In the trial process, the victim's right to express opinions according to the Criminal Procedure Rules does not include provisions for protecting the victim, such as non-disclosure or the exclusion of the defendant. There is no explicit regulation ensuring notification and the opportunity to express opinions in bail procedures. There is also no explicit regulation regarding the procedure for confirming the victim's opinion in the case of a surprise deposit. To substantiate the victim’s right to testify in the criminal justice process, it is necessary to establish general provisions in the Criminal Procedure Act defining the concept of the victim and establishing the victim's legal status. Furthermore, it is necessary to establish general provisions regarding the criteria, qualifications, and procedures for appointing court-appointed counsel for victims, and to legislate a system for victim participation in criminal proceedings.

사이버폭력 실태 및 피해자 보호 강화 방안 - 사이버 불링(Cyber-bullying)을 중심으로

With the advancement of modern science and technology, such as artificial intelligence, cyberbullying is becoming more diverse and brutal. Among the types of cyberbullying, continuous or repeated cyberbullying seriously violates the victim's personal rights. However, the current law cannot properly regulate new types of cyberbullying, such as acts that alienate and exclude victims, online impersonation using deepfake technology, and image bullying. Thus it fails to fully protect victims. As the damage caused by cyberbullying is becoming more serious, with an increasing number of youths experiencing suicidal or self-harming impulses, it is necessary to introduce independent criminal punishment provisions for serious cyberbullying targeting children and youth by referring to legislation in North Carolina, USA and New Zealand, prior to criminal regulation of adults. As regulations and responsibilities for information and communication service providers are being strengthened worldwide, it is necessary to take note of these legislative trends and ensure that information and communication service providers actively respond to victims’ requests to delete harmful information related to cyberbullying in addition to illegal information subject to criminal punishment. Also, it is urgent to introduce a system that requires information and communication service providers to promptly provide anonymous information on the perpetrators in order to prevent the victim's damage from expanding as quickly as possible and to prevent secondary damage. With reference to Australian legislation, a procedure should be established where the Korea Communications Commission directly requests information and communication service providers to provide personal information and contact information even if the victim does not file a civil or criminal suit. In addition, in order to quickly secure evidence when cyber school violence occurs among youth, school principals and teachers in charge should be given the authority to inspect and confiscate cell phones. In this way, in cases where it is difficult to secure evidence, such as when the victim commits suicide, the true nature of school violence should be properly revealed and the youth should be subject to appropriate punishment.

Comperative Legal Analysis Regarding Efforts To Prevent Sexual Violence And Legal Protection For Women In The Credit And Law Number 12 Of 2022 Concerning Actions Criminal Sexual Violence

Sexual violence is a criminal act which basically requires very strict law enforcement. The dimensions of sexual violence regulated in the Criminal Code are not yet able to fully regulate the forms of sexual violence that occur, where regulations related to sexual violence are regulated in articles 281-295 of the Criminal Code which have limited clarification. on rape and molestation. So, with the enactment of law number 12 of 2022 concerning criminal acts of sexual violence (UU TPKS) on May 9 2022, it becomes the new legal basis for enforcing criminal acts of sexual violence. The TPKS Law becomes a specialist Lex for regulations previously contained in the Criminal Code. The presence of the TPKS Law is a new positive law that provides clear and specific updates regarding the types of criminal acts that are classified as criminal acts of sexual violence, the rights of victims of criminal acts of sexual violence, as well as protection for victims of criminal acts of sexual violence in law enforcement. The formulation of the problem in this research is how to compare legal regulations and legal protection between the Criminal Code and Law number 12 of 2022 regarding criminal acts of sexual violence. This research uses normative juridical research methods, using secondary data sources, with primary legal materials in the form of related laws which are supported by secondary legal materials in the form of related books and journals. Based on the results of this research, the research results will be summarized as to what the position of victims is. criminal acts of sexual violence which are in the Criminal Code and Law no. 12 of 2002 which regulates different legal provisions and legal protection which in the Criminal Code is not clearly regulated regarding legal protection for victims of criminal acts of sexual violence which in law number 12 of 2002 is clearly regulated regarding the protection of victims and prevention efforts against the occurrence of criminal acts of sexual harassment.

Indonesian Criminal Justice System and Human Rights Protection

The criminal justice system in Indonesia has several components, including the Police, Prosecutor's Office, Court, Corrections, and advocates. In running the justice system in Indonesia, several components must comply with human rights, including the protection of human rights for perpetrators and human rights for victims.

The European Union policy in the field of protection of the rights of victims of crimes

The European Union policy in the field of protection of the rights of victims of crimes