Dewi, Aida and , Prof. Dr. Khudzhaifah Dimyati, SH., MHum and , Dr. Natangsa Surbakti, SH., MHum (2021) Perlindungan Hukum Korban Tindak Pidana Pemerkosaan (Studi Tentang Penerapan Asas Keadilan Substantif). Disertasi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Cases of sexual harassment, obscenity, and rape of children and women are prevalent and increasingly concerning. The absence of comprehensive protection for rape victims, both psychologically and physically, worsens the victims' condition. The community, school environment, and the family sometimes cannot accept the condition experienced by the victims. It further encourages the victims to shut themselves down and even become depressed. Laws and regulations against the perpetrators have not provided a sense of justice for the victims' future that has been ruined. This study provided input for a protection concept for victims of rape crime. This study implemented a normative juridical approach with legal interpretation methods, qualitative analysis by examining: 1. The application of the substantive justice principle in the legal protection context for victims of rape crime 2. The ideal concept of legal protection for victims of rape crime and the application of substantive justice principles. Law enforcement is essentially a complex issue because it is intertwined with the community's legal system, social system, political system, economy, and culture. Renewal of legal substance can be done through the renewal of laws and regulations that are no longer relevant to the development of society, renewal of legal structure through the improvement of legal institutional aspects, and renewal of legal culture through changes in the attitudes of law enforcement officials and the community. Law enforcement is oriented only to laws and regulations. Thus, the realized justice is only formal (procedural) justice. The ideal concept of law enforcement that embodies the substantive justice principles is that law enforcers must implement a responsive legal approach with restorative justice in performing their duties. Then, it is supported by the transcendental paradigm of maslahah mursalah, by not being restrained by formal law but directing to a philosophical issue. The court gives the judge's decision regarding compensation and restitution to the victim.
| Item Type: | Thesis (Disertasi) |
|---|---|
| Uncontrolled Keywords: | legal protection, rape victims, substantive justice |
| Subjects: | K Law > KI Indonesia Law > KN Hukum Pidana |
| Divisions: | Fakultas Pasca Sarjana > Program Doktor (S3) Ilmu Hukum |
| Depositing User: | Ari Fatmawati |
| Date Deposited: | 15 Dec 2023 03:21 |
| Last Modified: | 15 Dec 2023 03:21 |
| URI: | http://eprints.ums.ac.id/id/eprint/119082 |
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