Victimological Perspective Research Articles

PERAN KORBAN ANAK DALAM TINDAK PIDANA KEKERASAN SEKSUAL (PERSPEKTIF HUKUM, KRIMINOLOGI, VIKTIMOLOGI)

Crimes of sexual violence against children are still very common, there are many factors that cause this incident. This research examines the role of victims in the occurrence of criminal acts of sexual violence against children from three perspectives, namely a legal perspective, a criminological perspective and a victimological perspective. This research also examines future criminal law policies related to sexual violence against children. This research uses a normative juridical research type (legal research). This type of normative juridical research out by examining various formal is carried legal regulations such as laws and regulations related to the issues discussed. The problem in this research are the approaches used case approach, the statutory approach and the conceptual approach. In this research, there is a vacuum in norms, so the government as a policy maker must review and create new policies related to criminal law, especially regarding criminal acts of violence against sexual children.

The Judge's Paradigm In Deciding Criminal Cases Of Sexual Violence From A Victimological Perspective

Criminal acts of sexual violence are widespread in society, and the aim of the research is to study and analyze a decision. The research methods used by researchers are normative juridical with case, statutory, and philosophical approaches. The primary legal material is the Sexual Violence Crime Law and Decision Number 72/Pid.Sus/2023/PN.Bau. while secondary materials: books, journals, etc., the interpretation used is grammatical and systematic interpretation. The results of the research show that the paradigm used by the Panel of Judges does not have a victimology perspective, as evidenced by the statement expressed by the victim witness who explained that the defendant was not the perpetrator of a crime of sexual violence, while the actual perpetrator had been appointed by the victim witness based on the photo submitted by the Counselor. The law and the perpetrator are still at large, while the defendant was legally and convincingly found guilty of committing the crime of sexual immorality. Therefore, the Panel of Judges ignored the facts of the trial. Apart from that, the panel of judges did not interpret the victim's witness statement as a standalone piece of evidence as regulated in the Sexual Violence Crime Law. So the author's suggestion is that it is important for the judge to have the victim's perspective, in this case, what the victim said is information that must be acknowledged at trial and It is necessary to evaluate the panel that examined and decided the case.

Gaya Hidup Berisiko melalui Aktivitas Revenge Porn dalam Konteks Korban Toxic Relationship di Media Sosial

The revenge porn is closely related to toxic relationships which is a part of Online Gender-BasedViolence (KBGO) which does not recognize by gender and has been widespread in the last fewyears on social media. Using a qualitative research method and descriptive approach, the authorscollect data by observing and interviewing victims of toxic relationships in the practice of revengeporn on social media. The analysis was carried out from a victimological perspective by using thelifestyle exposure theory to see if the victim's involvement from the role and lifestyle in supportingthem to be indicated being victims. The conclusion of this research is someone can potentiallybecome a victim of revenge porn in toxic practices because they take advantage of the victim'sweaknesses when the two of them are still in a dating relationship through an indication process. Inaddition, someone has the potential to become a victim of revenge porn practices due to anvariables in terms of the victim's lifestyle such as excessive dating style, lack of self-control, wronguse of social media, inability to refuse in toxic relationship conditions, and the existence of familyrelationships that weak.

Capturing The Bride Culture In Sumba, East Nusa Tenggara: A Victimological Analysis

The Sumba people has a culture called ‘capturing the bride’ (kawin tangkap), where a man captures the woman he will marry. But its practice has deviated and it became full of intimidation. This paper aims to analyze the ‘capturing the bride’ practice of Sumba people from the victimological perspective. This was descriptive qualitative research. Results show that the current form of ‘capturing the bride’ is a form of violence against women. The violence experienced by ‘capturing the bride’ victims is motivated by a created opportunity and a man’s idealized need to marry a woman. From the victimological perspective, based on Mendelshon’s theory on the degree of victims’ fault, the above victims are completely innocent victims. Based on Schafer’s concept on victim responsibility, they are categorized as biologically and socially weak victims. Then, if related to Fattah’s theory on victim involvement, they are categorized as non-participating victims.

Criminological Analysis of Criminal Actions Motor Vehicle Theft Based Victimological Perspective (Decision Number: 168/Pid.B/2022/PN.Kla)

Criminology is the science that studies crime. Crime is an act that harms society so that a negative reaction is given to it. One of the crimes that often occurs in society is the crime of motor vehicle theft. It is said to be detrimental because of the crime of theft of a motorized vehicle whose target object is a motorized vehicle that has high mobility and has high economic value. While victimology is the study of victims. It is said as a victim because there are several factors that make people commit these crimes. The problems in this study are the factors that cause the crime of motor vehicle theft and legal protection for the perpetrators of theft who participate in helping the main perpetrators based on a victimological perspective. The results of this research and discussion show that the factors that cause the crime of motor vehicle theft are environmental and economic factors. This was due to an invitation from a friend of the defendant who invited him to commit the theft as well as economic factors due to the high level of poverty which made the defendant not hesitate to take part in the theft of motorized vehicles. As well as legal protection for the perpetrators of theft who participate in helping the main actors based on the perspective of victimology is to get justice as fair as possible because the defendant behaves well and surrenders himself to the authorities.

A Victimological Outlook to Juvenile Delinquents in the Light of the Islamic Penal Code of Iran

Chapter Ten of the Islamic Penal Code of Iran (IPC 2013) is entitled ‘Punishments and Secure and Rehabilitative Measures Relating to Juveniles’. It adopts a hybrid system of response to juvenile delinquency that reflects scientific findings. The present paper explores the relevant provisions from a victimological outlook according to the main theme of the current conference. The findings shows a development at the legislative criminal policy level that is largely reflected in a binary system of criminal sanctions. Despite this development, the system in question faces serious challenges specifically certain conflicts and overlaps in respect of the maturity age test and the applicable criminal sanctions to juveniles that, on the whole, can be analyzed from a victimological perspective. The author concludes that the maturity age test must be changed into international standard age under eighteen in parallel with the protection of children and prevention of their delinquency and potential victimization.

Sollen Das and Sein Legal Protection for Child Victims of Criminal Acts of Domestic Violence From a Victimological Perspective

Growth and development as well as the fulfillment of all necessities of life are absolutely necessary for a child who is the next generation. In fact, it is not uncommon for a crime or crime to be committed against children. In fact, in some cases where there are criminal acts of violence both physically and psychologically, it is carried out by the closest environment in the child's life, namely his own family. This study discusses the causes of a child becoming a victim of violence in the family by using victimology in its approach. This is necessary so that in the future the state within the existing legal system can protect the rights of children who are victims of criminal acts of physical and psychological violence in their family. This type of legal research is a type of normative legal research, which aims to review the provisions of positive law in this case criminal law as a source of law. The problem approach in legal research uses the statutory approach, carried out by reviewing existing laws and regulations relating to the legal issues being discussed. In this discussion provides conclusions and suggestions that uniformity is needed regarding the regulation of legislation regarding the age limits of a person can be qualified as children, so as not to cause confusion and difficulties in its implementation.

Legal Protection for Victims of Harassment in a Victimological Perspective (Case Study of Harassment in Higher Education Institutions)

Sexual violence can occur because of disparities in power relations. In the context of higher education, teachers have power over students, also in the form of suggestions, functions and evaluations. Consequently, teachers may use this authority to sexually harass students in the performance of their functions. Komnas Perempuan noted that in 2017-2021, cases of sexual violence in the education sector were the most frequent in tertiary companies, namely 35 cases. Followed by 16 severe cases and 15 high school cases. At the end of 2021, social media was once enlivened by cases of harassment that occurred between students and lecturers at Sriwijaya University under the guise of final assignment guidance. This incident reaffirmed the need for a regulation that regulates the protection of victims of sexual harassment. Actually the government has tried to fulfill this condition by promulgating Permendikbud Number 30 of 2021 and various other legal instruments that can help prevent and take action against all existing forms of sexual violence. The purpose of this paper is to study the protection of victims of sexual violence on campus, especially in Permendikbud Number 30 of 2021. It also analyzes the protection of victims in cases of sexual harassment by UNSRI lecturers from the perspective of victimology.

Penetration of Cultures, Penetration of Crimes: Who Do Borders Protect?

Abstract The purpose of this paper is to highlight some implications of the creation of closed, culturally alien communities and the possible consequences of their functioning from a criminological and victimological perspective. Various processes emerging since about the second half of the 20th century, in Europe as well as in the United States of America, have caused cultural transformations leading to the emergence of cultural pluralism (polyculturalism, multiculturalism) in various forms. This represents one of the greatest challenges of the modern world on many levels, including prophylaxis and crime prevention. Of particular concern is the issue of assessing the behaviour of an offender belonging to a closed, culturally different group. variants of such a situation can be considered – when the perpetrator and the victim belong to culturally different communities or the same one, and depending on whether the perpetrator’s behaviour constitutes an act judged negatively in the closed group to which they belong or whether it fulfils the characteristics of a crime in the legal system of the external community.

Criminal Law and its Victim-Oriented Development: an Academic Inquiry

In the 21st century, one of the essential roles of the Criminal Code is to protect the rights and interests of crime victims. Criminal law is a complex field that must balance established principles with evolving societal dynamics. This involves various stakeholders, including the state, perpetrators, victims, and civil society, each with differing views on criminal law. The modern era, marked by post-truth narratives and a reputational society, has further complicated matters. Casuistry now prevails over systematic approaches, leading to a disconnect between criminal law’s foundational principles and intended societal outcomes. Contemporary criminal law operates on multiple dimensions, addressing individual, societal, and institutional levels while aiming to balance the interests of these entities. The transition from the “age of information” to the “age of reputation” underscores the importance of information subjected to external evaluation. In the context of harmonizing Ukrainian criminal legislation with EU and Council of Europe norms, it is vital to protect human rights. This aligns with a Committee of Ministers recommendation that recognizes crime as a wrong against society and a violation of individual rights, emphasizing the importance of safeguarding victim rights. Approaching criminal law from a victimological perspective offers unique insights into victim participation in criminal liability, crime qualification, and offender culpability. This perspective encourages assessing the efficacy of criminal law prohibitions and promoting victim engagement in crime control.

MELINDUNGI ANAK KORBAN BULLYING DI SEKOLAH (SUATU KAJIAN PEMBAHARUAN HUKUM PIDANA)

Various cases of children who are victims of bullying continue to occur, especially in schools. Children who are victims of bullying suffer psychological harm that causes prolonged trauma and even threatens their lives. Therefore it is important to examine the protection of children who are victims of bullying in schools with a victimological perspective as an effort to reform criminal law. The purpose of this research is to protect children who are victims of bullying by formulating it in legal regulations as a renewal of criminal law. The research method used a normative juridical approach, secondary data sources and literature study data collection techniques. The data were analyzed using a qualitative descriptive method. The results of the study indicate that future criminal law formulations to tackle bullying in schools in the perspective of criminal law renewal are to make special and specific rules related to the crime of bullying both physically and psychologically towards children at school. The stages that can be carried out to be able to overcome bullying cases in the future are First, the formulative policy stage or the legislative policy stage, namely the stage of preparing/formulating criminal law. The second stage, the application policy stage or the judicial/applicative policy stage, is the stage of applying criminal law. And the third stage, the execution policy stage or the executive policy stage, namely the implementation/execution stage of criminal law.Keywords : Legal Protection, Bullying Victims, and Criminal Law Renewal.

Police emergency: career survivability navigating trauma, the impacts of COVID-19 and mental illness for police

PurposeThis study aims to view police mental and physical health and overall well-being through a victimological lens so as to attempt to prevent problems from starting or protecting them by informing them of what may occur within their career.Design/methodology/approachKnowledge production within the field of police health and career implications is exponentially increasing as officers all over the world try and sometimes fail to navigate the difficulties of their complex career choice. Many of the disciplines that deal with this research are acting as silos, so there is not a lot of crossover in Australian literature. This study creates a contemporary collective of literary evidence in relation to police well-being as well as the impact of COVID on them. Creating this collective is why the literature review as a research method is critical. Traditional literature reviews can lack clear process. By using a literature review as a specific methodology, the outcome is a meticulous record of all relevant materials.FindingsThe results of this literature review identified, without bias or interpretation, many officers became disillusioned, mentally unwell and took time away from work for two main reasons: (1) for many police officers, the substantial distress from cumulative exposure to bureaucratic administration and management styles, erratic work hours and long hours of repetitive work and (2) the dangers of day-to-day policing with the presence at fatal accidents, suicides, receiving threats to life, being assaulted and gaining poor eating and drinking habits creating issues for sleep and physical health.Research limitations/implicationsFor the purposes of creating a contemporary paper, the authors restricted the sample of literature to 22 years (accessing from 2,000 onward). By only selecting journals from Google Scholar, relating to specific years and drawing on search terms to limit our search, it may be perceived to have skewed the sample and the outcomes. Further work will be completed in the future to correct this.Practical implicationsPolice organisations may consider altering their bureaucratic procedures and make an effort to allow officers to better self-manage minor issues. From a victimological perspective, given that police officers are more than likely to be affected by cumulative experience of traumatic events over their career, they should be taught how to lower their individual levels of stress, to practice self-care and to be able to trust that the care they seek will be readily available without judgement.Social implicationsKnowing the triggers related to police breakdown, both physically and mentally, may help intervene in the early years to prevent The extremes of policing range from being faced with overwhelming paperwork and administration to acute trauma events and can leave the officer dealing with cumulative stress in all its guises. Allowing a judgment free public debate into this issue will assist police (and other emergency service works) in the future.Originality/valueViewing police officers as victims of their career choice is not common and reviewing the factors that impact them on a daily basis and throughout their career is critical for both prevention and understanding. This paper has value to numerous disciplines.

Legal Protection Against The Crime of Abortion Performed by Child Victims of Rape from Victimological Perspective

Legal Protection Against The Crime of Abortion Performed by Child Victims of Rape from Victimological Perspective

Sexual Violence as a Form of War Tactic and Criminal Terror — Victimological Perspective

Until recently, the issue of sexual exploitation treated as a kind of war tactics not a popular research topic for criminologists. For that reason, the main task of the author of the presented study was to sum up the hitherto research efforts in the indicated area, as well as, by presenting the historical and contemporary background of the analysed phenomenon, to show its latest forms. The phenomenological part of the undertaken considerations documents the extent of the wartime sexual violence, taking into account its geography, and discusses the most frequently used criminal methods and techniques. In the conclusion of the study, the author justifies the need to extend the existing criminological definition of the phenomenon in question, especially by the forms of violence used by mafia and terrorist organisations. The analysis, following the victimological perspective, concludes with suggestions referring to wartime sexual violence prevention. Problematyka przymusu seksualnego traktowanego jako rodzaj taktyki wojennej do niedawna stanowiła niszowy przedmiot zainteresowań badawczych kryminologów. Z tego też powodu głównym zadaniem autora prezentowanego opracowania było zbilansowanie dotychczasowych wysiłków badawczych w sygnalizowanym obszarze, a także poprzez przedstawienie historycznych oraz współczesnych uwarunkowań analizowanego zjawiska, ukazanie najnowszych jego przejawów. Część fenomenologiczna podjętych rozważań dokumentuje rozmiary zjawiska wojennej przemocy seksualnej, z uwzględnieniem jego geografii oraz zawiera omówienie najczęściej wykorzystywanych metod i technik przestępczych. W podsumowaniu opracowania autor uzasadnia potrzebę rozszerzenia dotychczasowej kryminologicznej definicji przedmiotowego zjawiska, zwłaszcza o te formy przemocy, które wykorzystują organizacje o rodowodzie mafijnym oraz terrorystycznym. Całość zaprezentowanych rozważań, podporządkowanych perspektywie wiktymologicznej, zamykają propozycje odnoszące się do problematyki przeciwdziałania zjawisku przemocy seksualnej identyfikowanej z obszarami objętymi działaniami wojennymi. Bis vor kurzem war die Frage der sexuellen Nötigung als eine Art Kriegstaktik ein Nischenthema im Forschungsinteresse der Kriminologen. Aus diesem Grund bestand die Hauptaufgabe des Verfassers der vorliegenden Studie darin, die bisherigen Forschungsbemühungen auf dem genannten Gebiet zu bilanzieren und durch die Darstellung der historischen und gegenwärtigen Bedingungen des untersuchten Phänomens dessen neueste Erscheinungsformen aufzuzeigen. Der phänomenologische Teil der Überlegungen dokumentiert die Dimensionen des Phänomens der sexuellen Gewalt in Kriegszeiten unter Berücksichtigung der geografischen Lage und beinhaltet eine Diskussion der am häufigsten angewandten kriminellen Methoden und Techniken. In der Schlussfolgerung des Beitrags begründet sein Verfasser die Notwendigkeit, die bestehende kriminologische Definition des fraglichen Phänomens zu erweitern, insbesondere um die Formen der Gewalt, die von mafiösen und terroristischen Organisationen ausgeübt werden, einzubeziehen. Die Gesamtheit der vorgestellten Überlegungen, die der viktimologischen Perspektive untergeordnet sind, schließt mit Vorschlägen zum Problem der Bekämpfung des Phänomens der sexuellen Gewalt, die mit Kriegsgebieten identifiziert wird. До недавнего времени вопрос о сексуальном принуждении, рассматриваемом как один из видов военной тактики, был нишевым предметом исследовательских интересов криминологов. По этой причине основная задача автора данной статьи — сбалансировать усилия исследователей по изучению данной темы, а также, представляя исторические и современные условия развития рассматриваемого явления, показать его новейшие проявления. Феноменологическая часть рассуждений представляет собой подробное описание масштабов явления сексуального насилия в военное время с учетом его географии и включает рассмотрение наиболее часто используемых преступных методов и приемов. В заключении статьи автор обосновывает необходимость расширения существующего криминологического научного определения явления, особенно с целью включения в дефиницию тех форм насилия, которые используются организациями мафиозного и террористического характера. Вся совокупность представленных рассуждений, подчиненных виктимологической перспективе, завершается предложениями, касающимися проблем противодействия сексуальному насилию в районах военных действий.

Factors Caused On The Event Of Household During The Covid-19 Pandemic Based On Victimological Perspective And Responsible Effort

The emergence of the Covid-19 Pandemic in Indonesia requires the government to enforce regulations that have positive and negative impacts on Indonesian society. One of the regulations issued by the government is PP No. 21 of 2020 concerning Large-Scale Social Restrictions in the Context of Accelerating the Handling of Corona Virus Disease 2019 (COVID-19). The existence of the PSBB issued by the government has a positive impact on the health sector, to reduce the number of people who are victims of Covid-9, but on the other hand the negative impact of this PSBB is that it appears in the economy because it is difficult for people to work, and some companies also lay off their employees. So that socially it does not rule out that problems arise in the household where the community is expected not to carry out activities outside the home if it is not too important. So from this government regulation, one of the household problems that arise is the presence of domestic violence. The research method presented in the writing of this journal is a normative juridical research method in which researchers look at problems from studies and literature studies from various sources as research material, such as legislation as the main material (primary legal material) and secondary legal materials from various books. - Legal books, scientific papers, scientific articles that discuss the criminal act of trafficking in persons (human trafficking).

Legal Protection for Victims of Crimes of Sexual Violence Viewed from a Victimological Perspective

Victims of sexual violence need to get legal protection, both preventively and repressively. This study aims to analyze efforts to restore the rights of victims of sexual violence and their legal protection. This research is a normative legal research using statutory approach and consepal approach. The data obtained were analyzed with descriptive analysis. The results of this study conclude that the criminal procedural law in Indonesia is not optimal in paying attention to the rights of victims of criminal acts, but besides that there is a study of victimology that focuses on victims of crime including how legal protection efforts are made. Preventive protection in Indonesia has been quite good with the introduction of regulations as a legal basis for victims of sexual violence crimes who, with their various remedies, access justice and remedy through protection for the Witness and Victim Protection Agency (LPSK). In addition, they can also obtain compensation in the form of money for losses suffered as well as assistance with medical and psychological and psychosocial costs. However, education facilities for child victims have not been covered by the regulation, even though victims of sexual violence who drop out of school need to violate their right to education according to their needs. In addition, in developing repressive protection, law enforcers related to cases of sexual violence, such as investigators and public prosecutors, must actively provide information related to efforts to protect and compensate for losses that can be accessed by victims.

Legal protection of protected wildlife based on victimological perspective

Indonesia is an archipelagic country in which abundant biological resources and ecosystems, including wild animals, are protected by laws and regulations. Legal protection for protected wild animals is regulated in law number 5 of 1990 concerning the conservation of living natural resources and their ecosystems, that acts prohibited by this law if violated will be subject to sanctions. In implementing legal protection for protected wild animals, it is the responsibility of the Natural Resources Conservation Agency and other law enforcers. In the implementation of legal protection for protected wild animals there are still many cases that occur and are not resolved, in this legal protection the role in law enforcement should be maximized. The urgency of this research is about legal protection carried out by related parties that have not been handled properly. This research is an empirical normative legal research which is conducting legal research that knows legal protection in accordance with the law and what is happening in the field. This research shows that there are inhibiting factors in the protection of wild animals protected by law enforcement, this can be detrimental to the community in the future if there are still problems that should be solved by increasing coordination between law enforcers.

Going against the flow: Motivations of professionals with critical views on vaccination

T he controversy over vaccines has persisted since their introduction in the eighteenth century. While many studies have addressed the concerns and motivations of the general population regarding hesitation and resistance to vaccination (especially parents, concerning routine childhood immunization), the present study was designed to examine this issue among professionals from a victimological perspective, thus its uniqueness. Study participants were researchers and practitioners involved with vaccines who hold a critical position on vaccines and their ways of dealing with what they perceived as suppression of dissent in the field of vaccination. The motivations identified among the researchers and practitioners in our study referred to ethical aspects of professional obligation to patients, patient rights, freedom of choice, and lack of trust in the medical establishment. The participants also perceived themselves as victims of suppressive tactics due to their critical position, to which they responded in two contrasting ways: continuing to dissent while insisting on their right to have their voices heard or abandoning their public dissent due to the reactions and repercussions they faced. The article discusses the implications of these findings in the context of scientific integrity, violation of democratic and ethical values, freedom of speech, and its impact on the public?s trust in science and medicine.

A Comparative Perspective on the Protection of Hate Crime Victims in the European Union

Hate crime victims involved in a criminal procedure experience difficulties that are different from problems encountered by other victims. In trying to meet the specific procedural needs of hate crime victims many EU Member States have introduced protective measures and services in criminal proceedings, but the adopted approaches are widely disparate. By reporting the results of an EU-wide comparative survey into hate crime victims within national criminal procedures the authors aim to: (1) make an inventory of the national (legal) definitions of hate crime and the protection measures available (on paper) for hate crime victims; and (2) critically discuss certain national choices, inter alia by juxtaposing the procedural measures to the procedural needs of hate crime victims to see if there are any lacunae from a victimological perspective. The authors conclude that the Member States should consider expanding their current corpus of protection measures in order to address some of the victims’ most urgent needs.

Legal and Victimological Perspective on Sexual Violence against Children Cases in Indonesia

Every year in Indonesia there are various cases of sexual violence against children whose quantity is increasing every year. Protection of children from all threats of crime that can threaten their survival is contained in the constitution of the State of Indonesia as a country that upholds law and human rights. When children experience incidents of sexual violence, their future will be threatened due to psychological, mental and social trauma factors. Therefore, in this paper, the author wants to examine how to handle cases of sexual violence in Indonesia from a legal and victimological perspective by identifying the problem, namely how is legal protection for children as victims in cases of sexual violence and how is the perspective of victimology in this case the study of victims in acts of violence. crime or crime.