Vol. 2 No. 2 (2024)

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Issue information

Vol 2, No 2, September 2024

Vol. 2 No. 2 (2024)

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Authors' countries

  • Indonesia 14

Articles 5 articles

  • DOI 10.59211/j.lawjustice.v2i2.563

    Legal Protection for Women Victims of Verbal Sexual Harassment (Catcalling) in Pohuwato Regency Analisis Perlindungan Hukum dan Hambatan Penegakan di Kabupaten Pohuwato

    Abstract
    Verbal sexual harassment, or catcalling, is a form of non-physical sexual harassment that frequently occurs in public spaces, but is often considered a joke, compliment, or normal behavior. This situation places women as a vulnerable group because victims often experience fear, shame, insecurity, trauma, and reluctance to report it. This study aims to analyze legal protection for female victims of verbal sexual harassment in Pohuwato Regency and the obstacles faced by law enforcement officers in resolving these cases. The study used a juridical-empirical method with a legislative approach, a sociological approach to law, and a victimological approach. Data were obtained through a literature review, documentation, and interviews at the Women and Children Protection Unit of the Pohuwato Police. The results show that legal protection for victims has a normative basis in the Law on Sexual Violence Crimes, particularly regarding non-physical sexual harassment, and can be implemented through reporting mechanisms, victim-friendly examinations, assistance, recovery, and law enforcement against perpetrators. However, this protection has not been optimally implemented due to minimal reporting, low legal awareness, a strong patriarchal culture, stigma against victims, and obstacles to proving non-physical harassment. This article emphasizes the need to strengthen reporting, public education, and the capacity of law enforcement officials to ensure more effective protection for catcalling victims.
    • 0 Citations

    Vol. 2 No. 2 (2024) Articles pp. 46-50

  • DOI 10.59211/j.lawjustice.v2i2.565

    Legal review of the criminal act of neglecting wife and children Analisis pertanggungjawaban pidana dan upaya pencegahan di wilayah hukum Polres Boalemo

    Abstract
    This study examines the crime of neglecting wives and children within the household, focusing on the legal consequences for husbands and prevention efforts within the jurisdiction of the Boalemo Police. This issue is important because neglect not only causes economic loss, but also psychological suffering, uncertainty regarding family status, and obstacles to the fulfillment of children's rights. This study used an empirical legal method with a descriptive qualitative approach through literature review, observation, and interviews at the Women and Children Protection Unit of the Boalemo Police. The results show that the UPPA of the Boalemo Police recorded 26 cases of neglect of wives and children between 2018 and October 2022. Husbands who neglect their wives and children can be held criminally responsible under Article 9 in conjunction with Article 49 of Law Number 23 of 2004 concerning the Elimination of Domestic Violence, with a maximum imprisonment of three years or a maximum fine of IDR 15,000,000. In practice, the police undertake mediation and victim assistance, but cases can proceed to the investigation stage and be referred to the prosecutor's office if the elements of a criminal act are fulfilled. This research emphasizes the need for proportional law enforcement, increased family law literacy, and strengthened protection for wives and children who are victims of neglect.
    • 0 Citations

    Vol. 2 No. 2 (2024) Articles pp. 41-45

  • DOI 10.59211/j.lawjustice.v2i2.566

    Implementation of Restorative Justice in Resolving Traffic Accident Cases Resulting in Death at the Boalemo Police Station Studi Hukum Empiris pada Kepolisian Resor Boalemo

    Abstract
    This study analyzes the application of restorative justice in resolving traffic accident cases resulting in death at the Boalemo Police Station. It uses an empirical legal method with primary data obtained through interviews with the Traffic Accident Unit and law enforcement officers of the Boalemo Police Station, as well as secondary data in the form of laws and regulations, books, journals, and supporting documents. The results indicate that the application of restorative justice is carried out in traffic accidents caused by negligence and the absence of intent, while still observing material and formal requirements, peace agreements, the fulfillment of victims' rights, and a special case-title mechanism. The procedures followed include receiving reports, preparing police reports, conducting post-mortems, investigating crime scenes, examining witnesses, holding case titles, conducting mediation, and drafting a settlement letter if the parties agree. The main obstacles found were witnesses' fear of providing testimony, high compensation demands, difficulty in bringing the parties together, and low public understanding of restorative justice. This study emphasizes the importance of implementing restorative justice carefully, transparently, and in a manner oriented toward victim recovery and legal certainty.
    • 0 Citations

    Vol. 2 No. 2 (2024) Articles pp. 31-34

  • DOI 10.59211/j.lawjustice.v2i2.561

    Legal Analysis of Interfaith Marriages Reviewed from a Human Rights Aspect Perspektif hukum positif dan hak asasi manusia di Indonesia

    Abstract
    This study analyzes interfaith marriage in the Indonesian legal system from a human rights perspective. The main issue examined is the positive legal perspective on interfaith marriage and its position from a human rights perspective. This study uses a normative legal research method with legislative and conceptual approaches. The legal materials used are sourced from relevant laws and regulations, human rights instruments, legal literature, and scientific articles. The results show that the Marriage Law does not explicitly use a phrase prohibiting interfaith marriage, but the validity of marriage is still determined by the religious law and beliefs of each prospective bride and groom. From a human rights perspective, the Universal Declaration of Human Rights provides a broader scope for the right to marry without religious restrictions, while the Indonesian Human Rights Law still places legal marriage within the framework of national legislation. Thus, interfaith marriage in Indonesia exists within a complex relationship between individual freedom, religious law, positive law, and the principle of legal certainty.
    • 0 Citations

    Vol. 2 No. 2 (2024) Articles pp. 27-30

  • DOI 10.59211/j.lawjustice.v2i2.562

    The Role of the Pohuwato Police in Combating Criminal Acts of Transporting Subsidized Fuel Oil Analisis peran kepolisian dan hambatan penegakan hukum di Kabupaten Pohuwato

    Abstract
    This study aims to analyze the role of the Pohuwato Resort Police in combating the crime of transporting subsidized fuel oil and to identify the factors that hinder law enforcement against the misuse of subsidized fuel oil in Pohuwato Regency. The study uses an empirical legal method with a legislative approach and a sociological approach. Primary data were obtained through interviews and observations within the jurisdiction of the Pohuwato Resort Police, while secondary data were obtained from laws and regulations, criminal law literature, journals, police documents, and related news. The results indicate that the misuse of subsidized fuel oil occurs through repeat purchases at gas stations, the use of modified vehicle tanks, the use of certain vehicles to store large amounts of fuel, the misuse of business recommendations, the transportation of diesel fuel by trucks, and the retail sale of Pertalite and diesel above the official price. Data from the Pohuwato Police Tipidter Unit show one report in 2021, seven in 2022, and three in 2023. The police role is carried out through promotive, preventive, and repressive efforts, including legal counseling, empowering Bhabinkamtibmas (community police officers), distribution supervision, patrols, personnel deployment at vulnerable points, inspections, confiscations, arrests, inquiries, and prosecutions. Key obstacles include limited law enforcement, low public participation, a culture of bribery, misuse of recommendations, lack of transparency at gas stations, the use of modified tanks, and limited expertise in the region. Strengthening coordination between the police, local governments, gas stations, the Oil and Gas Regulatory Agency (BPH Migas), and the community is emphasized to ensure more targeted distribution of subsidized fuel and effective law enforcement.
    • 0 Citations

    Vol. 2 No. 2 (2024) Articles pp. 35-40