Seeking Justice Research Articles

Single Regulator dalam Multi Bar Organisasi Advokat Untuk Masa Depan Advokat yang Independent

Several multi-interpretive provisions in the Advocate Law are considered to violate the constitutional rights of advocates to carry out their profession. Over the years, this has resulted in quarrels and disputes between advocates regarding organizational matters, this of course has an impact on advocates, new advocates and also people seeking justice. The research method used in this research is the normative juridical method. This research is included in descriptive analysis research, aiming to describe carefully the single bar organization, history, debates, rules of advocates. The single bar system must be interpreted as an organization that accommodates all advocates, starting from education, oaths, codes of ethics and enforcement of codes of ethics. advocates so that there are clear standards to guarantee that lawyers are qualified and recognized by the state to be able to proceed in court. Judging from the institutional perspective of advocate organizations at the present time, it can be said that they are still not organized. The main factor is the lack of clear standardization in carrying out their authority as an advocate. With government intervention in efforts to form a single forum for advocate organizations as mandated by the Advocate Law, this will be realized. The government or state can do this because it has the power to form legal products, namely laws, including the Law on Advocates. The ideal concept in this research shows that the institution of a multi-bar advocate organization with a single regulator can restore the dignity of advocacy as a noble profession or nobile officiating.

KEDUDUKAN BANTUAN HUKUM DALAM SISTEM PERADILAN PIDANA DI INDONESIA

Every citizen has the same position, before the law without exception which includes the right to be defended (access to legal counsel), treated equality before the law, justice for all (justice for all). In order to seek justice, it is often only able to be accessed by those who have a high level of education and the middle to upper economic status. Recognizing that the inability of human and economic resources makes it impossible to make the process of seeking justice for underprivileged people, the term legal assistance in the Judicial System in Indonesia has emerged. The right to obtain legal assistance is a fundamental or basic right for someone who faces a legal problem, because obtaining legal assistance is one form of access to justice for those who face legal problems. This paper will discuss the state's obligations in providing legal assistance to suspects or defendants in the Criminal Justice System and the position of legal assistance in the Criminal Justice System. The method used in this paper is normative legal research, with secondary data sources consisting of primary, secondary and tertiary legal materials. Then the data is analyzed by qualitative analysis. The obligation of the state to provide legal assistance to citizens who face legal problems, because legal aid is a constitutional right of citizens. Legal assistance in the Criminal Justice System has a very important role in achieving a fair trial process. The Government has issued Law No. 16 of 2011 concerning Legal Aid, so that it can be implemented optimally to fulfill constitutional rights for the poor or needy to achieve a fair trial process.

A Cognitive Map of Sexual Violence Victims’ Decision-Making: Understanding the Preference for Social Media over Formal Legal Avenues—Insights from Media Consultants

This study delves into the complex decision-making processes of sexual violence survivors regarding public disclosure of their experiences. By constructing a cognitive map from interviews with ten media consultants, this research highlights that survivors often prefer seeking justice through social media rather than legal channels. This study was conducted in Israel, and it underscores the importance survivors place on the disclosure process itself, valuing voice and respect over the outcome. This research, part of a larger project that includes interviews with victims, focuses on the choice between social media and institutional channels, analyzing cognitive processes through the lens of media consultants. While the constructed cognitive map provides a clear framework for understanding the decisions made by survivors of sexual violence, it simplifies complex emotional and psychological factors. Future research may enhance this map by incorporating a deeper analysis of survivors’ internal conflicts and the interplay between emotional coping mechanisms and external pressures to disclose their experiences. From background conversations with survivors, it was understood that two main factors influence their decision: the process versus the outcome and whether to turn to social media or institutional channels. This nuanced approach provides valuable insights into the specific choices made by survivors when determining where to disclose their assaults. By designing this cognitive map, this study helps understand the needs and priorities of the survivors, such as the importance of voice, respect, and the nature of the disclosure process, and aims to aid future research and decision makers in better understanding and supporting the decision-making processes of sexual violence survivor.

Decoding the ‘andolanjeevis’: foregrounding ‘reasoned emotion’ as a mobiliser in the Justice for Rohith Vemula movement

Civic protests around the globe have tried to highlight the increasing soft authoritarianism in democratic states. Under strict scrutiny, protestors have to devise a methodology that can help spread their message and yet not attract legal attention. Using a first-hand account, through activist-participatory observation, in the Justice for Rohith Vemula movement at the University of Hyderabad, India in 2016, this article develops the concept of ‘reasoned emotion’ to show how andolanjeevis tried to reach out to the non-protesting university community. The movement was aimed at seeking justice for the institutional discrimination meted out to Dalit-Bahujan students in Indian universities, and it started after the suicide of Rohith Vemula – an exceptionally bright, politically active Dalit doctoral researcher at the University of Hyderabad. By sharing factual legal documents to gain legitimacy and highlight the atrocities committed by the university administration in ‘socially boycotting’ five Dalit students, the andolanjeevis used binding reason to appeal to the emotional knowledge of the students. The performative aspect of the emotional appeal not only empowers protestors to mobilise empathy but also engenders an act of de-silencing suppressed narratives. This conceptualisation of the activism space foregrounds reason with emotion to build affective communities of support and solidarity.

Barriers to Accessing Legal Aid for Domestic Violence Victims in Rural India: A Study of Uttar Pradesh

This study examines the barriers to accessing legal aid for domestic violence victims in rural Uttar Pradesh, India, where socio-cultural norms, traditional stigmas, and inadequate legal infrastructure create significant obstacles. Despite the legal frameworks established under the Protection of Women from Domestic Violence Act (PWDVA) and state-level initiatives, the research identifies critical gaps in knowledge, resources, and accessibility that limit the effectiveness of these services. Through field research, including case studies and interviews with victims, legal aid workers, and community organizations, the study reveals the complex interplay between cultural attitudes and institutional shortcomings that deter victims from seeking justice. The findings highlight the need for a more holistic approach that includes enhanced education and awareness, better training and resources for legal aid providers, and stronger collaboration among stakeholders. By addressing these barriers, the study suggests pathways to improve access to justice for domestic violence victims in rural Uttar Pradesh, ultimately contributing to the broader goal of gender equality and social justice.

Implementation of E-Court and Its Impact on Justice Seekers in the Legal Process at the Religious Court

Implementation of E-Court and Its Impact on Justice Seekers in the Legal Process at the Religious Court

Forum-shopping in criminal law: power and pragmatism in gayo, Aceh, Indonesia

In one of her earliest publications Keebet von Benda-Beckmann examined how villagers in West Sumatra engaged strategically in forum shopping and with shopping forums under conditions of legal pluralism. The insights in her article how this influenced the power constellation in the village have inspired many researchers to look at the interplay between justice seekers and forums for dispute resolution in a plural legal landscape, and how in this process authority is produced. Our article builds on Keebet’s work, looking at forum shopping in cases of sexual offences in Gayo (Aceh). We discuss how the post-conflict reform of criminal law in Aceh has led to a state-sanctioned condition of legal pluralism consisting of national law, customary (adat) law and Aceh jinayat (Acehnese Islamic criminal law). Village officials, human rights activists, police and prosecutors channel crimes into the legal system that best suits their goals – sometimes in conformity with, sometimes in violation of the formal rules of jurisdiction. The result is a new balance of power between these actors, in which – surprisingly – adat officials and police have gained most from the introduction of Aceh jinayat. However, the introduction of state legal pluralism has not produced competition between the constitutent legal systems, but rather expanded the potential for more differentiated responses to sexual offences in a society characterized by profoundly conservative values.

Tragedi Pelanggaran HAM di Masa Orde Baru: Pencarian Keadilan dan Keterbukaan

The purpose of this article is to explore the impact of human rights violations during the New Order period in Indonesia on the process of seeking justice. Through a qualitative research approach in the form of literature studies and content analysis, it is used to identify patterns of practices that inhibit openness in the Indonesian legal system. The results of the study highlight the importance of comprehensive legal reform to remedy this dark past, as well as to create a fairer and more transparent legal system for all citizens. The implication of this study is the need for concrete actions to strengthen independent and transparent law enforcement agencies and ensure that past human rights violations are prosecuted fairly. Thus, this article emphasizes the urgency to achieve greater justice in the Indonesian legal system.

Communal Trauma, Communal Justice: Discussion of Afarin Kohan and Bettina von Lieres

ABSTRACT In exploring collective trauma, the works of Kohan and von Lieres reveal how political subjectivity emerges through collective activism transforming helplessness, invisibility and despair. Inspired by the two authors, and their deep commitment to political action, I want to find ways to break through the dissociation of those in power. Rather than leaving the responsibility of political citizenship solely in the hands of the marginalized, I explore ways for those of us living in unjust societies to be more generative justice seekers. In the midst of polarization, violence, staggering inequality and ecological disaster it is time to build solidarity across borders of nation, identity, and class. In resonance with the two authors, I am in search of ethical actions that traverse the rough waters of collective trauma. I explore ways that we may continue to develop as an ethical society accepting responsibility for the injuries that have been experienced without acting as rival factions or waging wars of small differences within movements.

Resistance from generation to generation: The Saturday Mothers in Istanbul

AbstractThe Saturday Mothers (Cumartesi Anneleri) are a group that has gathered in Istanbul for a 30‐min sit‐in every Saturday since 1995 seeking justice for forced disappearances and political murders in Turkey. What started with a group of approximately 30 mainly family and close relatives of those who disappeared has grown to include thousands of participants. The initial protests were composed predominantly of mothers of victims, but over the past 28 years other relatives, including children, have joined the vigils. In many cases, those children then continue to participate and join the social movement. We are particularly interested in the Saturday Mothers' ability to sustain participation in weekly collective action, including the ways in which intergenerational transmission shapes and encourages this action. Semi‐structured interviews were conducted with 19 members of the Saturday Mothers. Analysis of participants' narratives and experiences included three main themes: family as a model, shared experiences, and functions of the movement. Findings highlight the complex interplay between familial influences, collective memory, and the formation of the Saturday Mothers' identity.

Sibling Sexual Abuse: Seeking Sharīʿah-based Solutions

Sibling sexual abuse (SSA) is the most common form of intra-familial abuse. Long-term consequences of this abuse can turn into a lifelong battle. This article outlines the psycho-social-legal challenges of survivors of sibling sexual abuse and the dilemma facing survivors of SSA on seeking justice for their situation. The paper offers the Islamic legal perspectives and related options for management in addressing SSA, against the background of Islamic teachings on the prevention of sexualised crimes, possible punishment of the perpetrator/abuser, and ways of healing for the survivors of SSA and their family.

Tinjauan Yuridis Putusan Pengadilan Agama Stabat No.1062/Pdt. G/2015/PA.Stab Tentang Pembatalan Hibah Perspektif Teori Keadilan

This study aims to analyze the decision of the Religious Court Stabat No.1062/Pdt. G/2015/PA.Stab regarding grant cancellation. This study uses a statutory and conceptual approach. The data sources used are primary data sources consisting of decisions from the Religious Courts, compilations of Islamic law, books of civil law laws, compilations of sharia economic laws. Meanwhile, secondary sources of law consist of books of Islamic jurisprudence, law books, and scientific journal articles. The results of this study indicate that the panel of judges examining cases of disputes over the cancellation of grants uses article 35 paragraph 1, article 36 paragraph 1 of law number 1 of 1974 concerning joint property and article 1338 of the Civil Code regarding agreements/agreement, thus ignoring the article regarding the permissibility of withdrawing a grant object even though the grant is without the approval of other heirs. The panel of judges should ideally be guided by the concept of Maqasid Syari'ah, namely maintenance of property and offspring. Thus, it can avoid negative impacts that will occur in family ties, such as the relationship between parents and their heirs. However, according to Hans Kelsen's theory of justice, the legal considerations made by judges in deciding cases of cancellation of grants are inconsistent in terms of the application of the legal system in force in Indonesia because according to him a sense of justice has not been fulfilled for justice seekers.

PRACTICAL LAW DEVELOPMENT THE INSTITUTION OF POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS TO ACHIEVE THE VALUE OF JUSTICE

Practical law development is described as implementing the duties or ideals of the law in practice. Law is an arrangement the state provides to the community as a guarantee of security for justice seekers (justiabelen). In practice, cases examined in the application of the law by linking the regulatory norms with the legal facts, then the result of the judge's analysis is the ratio decidendi as the basis for making the ruling, as well as the decision in the PKPU realm in bankruptcy law which is lex specialist on the work of PKPU institutions. The success of the PKPU institution's work with a court decision that has permanent legal force (inkracht van gewijsde) (vide Article 287 of the Bankruptcy and PKPU Law). The PKPU peace institution in every case settlement is needed to be strongly encouraged so that the success rate is high. This is because this institution at an early stage is desired to be a tool in stopping the bankruptcy decision for the debtor, so that the debtor can continue his business and can pay his debts to creditors, therefore it is expected to provide justice for the parties who are litigating. The purpose of law is to achieve the value of justice, with the value of legal certainty and the value of the benefits of the PKPU institution, which is part of the value of justice as a legal goal. The author in this article analyzes "how the practical legal implementation of the PKPU peace institution achieves the value of justice". The writing of this article uses the normative juridical method, which makes the norm as the legal concept, and uses the analysis knife of the theory of legal objectives taken from 3 (three) general teachings of Gustav Radbruch, namely certainty, benefits and the end is justice, in addition to dissecting it, also using Kees Schuit's theory, namely idiil elements, operational elements and actuil elements. The approach used is conceptual approach, statutory approach, and case approach. The conclusion to be reached has prescriptive value as an apology for the world of legal science, especially the science of bankruptcy law and the institution of Postponement of Debt Payment Obligations (PKPU).

Making Justice: Justin Martyr and a Curse From Amathous, Cyprus

Abstract At the beginning of Justin’s Apology, an account of injustice, Justin calls upon the emperors as ϕύλακες δικαιοσύνης, “guardians of justice.” Justin, 1 Apologia 2,2 (OECT, 80,13 Minns/Parvis). As part of a documentary and legal strategy, Justin’s Apology includes what he claims is an imperial rescript. This paper probes Justin’s Apology and its appended document(s) in relation to other contemporaneous strategies and materializations of seeking justice: appeals and imperial rescripts, on the one hand, and defixiones or “prayers for justice,” on the other. It argues that a cosmology of δαίμονες was activated not only by Justin, who awaits the imminent end of the world, but also by the curses of antiquity. These curses, and Justin’s own libellus or βιβλίδιον, must also be understood as paralegal materials reasonably intended to engage capricious and sometimes violent systems of justice.

Peradilan Agama di Indonesia Pasca UU Nomor 50 Tahun 2009 Tentang Perubahan Kedua Atas UU Nomor 7 Tahun 1989

This research aims to reveal and analyze the existence of Religious Courts as a robust and equal branch of judicial power alongside other courts, as regulated by the Judicial Power Law. Religious courts are one of the judicial bodies exercising judicial power to enforce law and justice for people seeking justice in specific cases involving Muslims, particularly in matters of marriage, inheritance, wills, gifts, endowments, zakat, infak, alms, and sharia economy. The factors supporting the existence of religious courts are based on changes in Law Number 7 of 1989 to Law Number 3 of 2006 and Law Number 50 of 2009 concerning Religious Courts. With these changes, the institutional existence of Religious Courts has been strengthened as their adjudicative authority has been expanded, making their institutional presence as solid as other courts. This expanded authority elevates the status of Religious Courts as a medium for maintaining their institutional existence. The hindering factors include the limited physical and non-physical facilities, such as human resources (HR) that are not evenly distributed in quality and quantity within the Religious Courts, and the fact that many judges in the Religious Courts do not yet fully master civil law and civil procedural law. The amendment of Law Number 50 of 2009 brought significant changes to the judiciary in Indonesia, including changes in the position and authority of religious judges. The position of judges post-amendment of Law Number 50 of 2009 is regulated by the Supreme Court, in accordance with Law Number 48 of 2009 concerning Judicial Power, which places Religious Courts alongside other courts under the Supreme Court. Additionally, the Judicial Commission exists to uphold the honor, dignity, and conduct of judges, providing external oversight of judges.

Carok Culture’s Impact on Law Enforcement in Bangkalan Madura: A Fascinating Case Study

Carok, a distinct cultural practice, is deeply entrenched in the societal fabric of the Bangkalan Madura community. Historically, it has been their primary method of resolving intricate issues, particularly those centred on wealth, honour, and disputes involving women. This culturally specific method of conflict resolution prompted an in-depth study. The primary objective was to discern to what extent law enforcement officers in Bangkalan Madura were influenced by Carok, a practice so interwoven into the community’s daily life. Furthermore, it aimed to gauge the impact of the Carok culture specifically on the procedures and perspectives of the local police. The findings from this investigation were enlightening. It became evident that the Carok tradition isn’t merely a fringe cultural practice but is, in fact, acknowledged and recognised by a significant portion of the Bangkalan community as a legitimate approach to problem-solving. This deep-rooted cultural acceptance has ramifications for the legal system. When it comes to upholding the law and seeking justice, both the police force and the prosecutor’s office in Bangkalan face a unique set of challenges, unparalleled in communities without such ingrained traditions. These challenges arise because of the profound respect and recognition that the Carok practice commands. As a result, conventional legal methods, designed without the considerations of such cultural nuances, often fall short. They find themselves rendered ineffective, if not entirely redundant, against Carok practitioners. This tension between cultural respect and legal enforcement is a poignant reflection of the complexities of integrating traditional customs within the modern rule of law.

JUDGES' CODE OF ETHICS AS THE BASIS OF JUDGES' MORALITY IN ADDRESSING DECISIONS

<em>Many focus on the performance of judges, and most state that the performance of judges in Indonesia is abysmal, even though their decisions must truly achieve justice as expected by justice seekers. The principle of independence can be bent under the pretext of personal interests. This research aims to analyze the judge's code of ethics as the basis for the judge's morality in sentencing. Research data was obtained through a comprehensive literature study and analysis of related legal documents, including legal texts, government regulations and court decisions relating to the two provinces. After the data was collected, an analytical approach was taken using the legal and constitutional framework as a guide. The research results show that judges deciding a case in court are based on various statutory regulations to underlie and support judges so that they can settle cases submitted to court truly independently and free from interference from any party. This means that statutory regulations honestly guarantee the independence of judges in handling and deciding cases. The judge's morality in examining and deciding every case handled by the court is based on high moral values, both originating from conscience as the most profound whisper of the heart and based on religious teachings. To become a judge so that the resulting decision can be fair and wise, the judge must have a solid spiritual foundation, be honest, and have the courage to take a firm stance.</em>

Representation of Black People in Dahmer - Monster: The Jeffrey Dahmer Story

This study examined the representation of color-based injustice in Dahmer – Monster: The Jeffrey Dahmer Story series shown on Netflix in September 2020. This series told about a serial killer to 17 men murdered and mutilated by Jeffrey Dahmer which happened in late 1980s until 1991 in Milwaukee, United States of America. 16 out of the 17 victims were black people, while Dahmer himself was a white man. Multimodal Discourse Analysis (MDA) theory, specifically the three metafunction framework by Kress and van Leeuwen (2021) was used to analyze the semiotic resources presented in Dahmer series, including dialogues, visual images, and gestures, to understand how these resources were interrelated in constructing the representation of black people in that series. Data was taken from the 10 episodes of the series. This research found four themes of black people representation. First was the stereotypical portrait of blacks as the poor and less educated than the sufficient whites. Second was the portrayal of discriminative treatment toward black people that strongly shown in the series. Third was how the colored people responded to the discrimination by speaking up for their rights. The series magnified the significance of the blacks and their fights for justice. Lastly was the holistic fights of the blacks for their rights became evident in the portrayal of the important figure to support the justice seeking. The series also highlighted the sustainable racial justice. In other words, the series had an intention to voice up the necessity of unity and mutual support in the society for preserving justice.

Concept of Islamic Law Enforcement In the History and Practice of Islamic Justice

Upholding justice in social life has an important meaning in one of the efforts to build a high and dignified national civilization. Justice is carried out by judicial institutions. The performance of our courts or justice system is far from satisfactory, which results in a sense of comfort and happiness for justice seekers. Court decisions only create decisions that are procedurally fair. Likewise, court decisions seem more likely to favor parties who have money and power. Access to justice that should be equal for all levels of society cannot be achieved, so only elite people can enjoy it. In administering the judicial process, Islamic law aims to enforce law and justice proportionally based on Islamic Sharia. The growth and development of Islamic justice is a product of interactions within the social system, including with existing judicial institutions. Law enforcement in Indonesia does not synergize with each other in realizing justice. This is due to the position and standing of legal institutions where the function of investigation and prosecution is under executive power, while the function of adjudicating and deciding is under the Supreme Court. This causes a tendency to protect the interests of their respective institutions rather than law enforcement efforts in the public interest. The problem formulation in this paper is what is the concept of law enforcement in Islamic law in the practice and history of Islamic justice? The conclusion is:The concept of law enforcement in Islamic law does not differentiate between civil and criminal cases. Law enforcement includes material law and formal law. Material law originates from the Al-Qur'an, As-Sunnah and Fiqh.

Juridical Analysis of Constitutional Court Decision Number 20/PUU-XXI/2023 Concerning Judicial Review by the Prosecutor's Office in Criminal Cases in Indonesia

In the practice of criminal justice in Indonesia, judicial review efforts are an interesting problem to study because, in the development phase, there is a tug-of-war of interests between the defendant or his heirs and the public prosecutor. The presence of Constitutional Court Decision Number 20/PUU-XXI/2023 ends the debate and legal uncertainty for justice seekers. In this research, the author used a normative juridical approach. The approaches used were the Law approach, Case Approach, and Conceptual Approach. There are several problem formulations in this research: 1) what is the rationale for the decision of the Constitutional Court Number 20/PUU-XXI/2023?; 2) What are the arrangements for judicial review after the Constitutional Court decision Number 20/PUU-XXI/2023. Research Results of problem formulation number 1). According to the Court's consideration, requests for judicial review in criminal cases are the right of the defendant and his heirs, and the addition of the authority of the prosecutor to carry out judicial review efforts does not provide legal certainty and justice. Previously, the court in 2016 decided on a case regarding judicial review efforts, in which the court considered that the essence of a judicial review is the rights of the defendant and his heirs. 2) After the Constitutional Court Decision Number 20/PUU-XXI/2023, the public prosecutor cannot submit a judicial review effort in a criminal case; legally, when the prosecutor makes a judicial review effort in a criminal case, it is invalid/abash. With the decision of the Constitutional Court number 20/PUU-XXI/2023, it is reaffirmed that only the defendant and his heirs can submit a judicial review effort.