Stepchildren And Incest: Law Enforcement Efforts Against Sexual Abuse In Families (A Case Study on the Decisions of Wonogiri State Court, Idi Sharia Court, and Banda Aceh Sharia Court)
ABSTRACT Purpose of the study: This paper aims to analyze three cases of sexual violence perpetrated by stepfathers to underage stepdaughters (incest) in Wonogiri Regency and Aceh Province. Methodology: This legal research used a normative juridical approach. The literary legal research was conducte...
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| Format: | UMS Journal (OJS) |
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Universitas Muhammadiyah Surakarta
2022
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| author | Surbakti, Natangsa Samodra, Nerisia Bunga Kurnianingsih, Marisa |
| author_facet | Surbakti, Natangsa Samodra, Nerisia Bunga Kurnianingsih, Marisa |
| author_sort | Surbakti, Natangsa |
| collection | OJS |
| description | ABSTRACT
Purpose of the study: This paper aims to analyze three cases of sexual violence perpetrated by stepfathers to underage stepdaughters (incest) in Wonogiri Regency and Aceh Province.
Methodology: This legal research used a normative juridical approach. The literary legal research was conducted by studying literary materials or secondary data. The writers used the Legal System Theory of Lawrence M. Friedman.
Results: Friedman opined that there are four elements in law enforcement. In the analyzed cases, they were: (1) legal structure: the court and sharia courts, (2) legal substance: laws used by judges in deciding upon the cases, namely Law No. 17 of 2016 and Aceh Qanun No. 6 of 2014, (3) legal culture: society had a role in enforcing the law in these cases, as the police force, general prosecutors, and judges have carried out their functions well, and (4) legal impact: the strict implementation of punishments will bring a greater deterrent effect on the perpetrators. Some factors triggered the crime of incest to happen, namely: (1) the perpetrator, (2) the victims as underage children are deemed powerless against the perpetrator, and (3) the environmental condition where the houses were deserted.
Applications of this study: This analysis can be used by the government to better enforce the law on sexual violence in families in Indonesia.
Novelty/Originality of this study: This writing analyzes three cases using two aspects, namely Friedman's theory and judicial consideration in making decisions.
Keywords: Stepchild, Law Enforcement, Sexual Violence, Incest. |
| format | UMS Journal (OJS) |
| id | oai:ojs2.journals2.ums.ac.id:article-1531 |
| institution | Universitas Muhammadiyah Surakarta |
| language | eng |
| publishDate | 2022 |
| publisher | Universitas Muhammadiyah Surakarta |
| record_format | ojs |
| spelling | oai:ojs2.journals2.ums.ac.id:article-1531 Stepchildren And Incest: Law Enforcement Efforts Against Sexual Abuse In Families (A Case Study on the Decisions of Wonogiri State Court, Idi Sharia Court, and Banda Aceh Sharia Court) Surbakti, Natangsa Samodra, Nerisia Bunga Kurnianingsih, Marisa Stepchild Law Enforcement Sexual Violence Incest ABSTRACT Purpose of the study: This paper aims to analyze three cases of sexual violence perpetrated by stepfathers to underage stepdaughters (incest) in Wonogiri Regency and Aceh Province. Methodology: This legal research used a normative juridical approach. The literary legal research was conducted by studying literary materials or secondary data. The writers used the Legal System Theory of Lawrence M. Friedman. Results: Friedman opined that there are four elements in law enforcement. In the analyzed cases, they were: (1) legal structure: the court and sharia courts, (2) legal substance: laws used by judges in deciding upon the cases, namely Law No. 17 of 2016 and Aceh Qanun No. 6 of 2014, (3) legal culture: society had a role in enforcing the law in these cases, as the police force, general prosecutors, and judges have carried out their functions well, and (4) legal impact: the strict implementation of punishments will bring a greater deterrent effect on the perpetrators. Some factors triggered the crime of incest to happen, namely: (1) the perpetrator, (2) the victims as underage children are deemed powerless against the perpetrator, and (3) the environmental condition where the houses were deserted. Applications of this study: This analysis can be used by the government to better enforce the law on sexual violence in families in Indonesia. Novelty/Originality of this study: This writing analyzes three cases using two aspects, namely Friedman's theory and judicial consideration in making decisions. Keywords: Stepchild, Law Enforcement, Sexual Violence, Incest. Universitas Muhammadiyah Surakarta 2022-10-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://journals2.ums.ac.id/index.php/jurisprudence/article/view/1531 10.23917/jurisprudence.v12i1.1531 Jurnal Jurisprudence; Vol. 12, No. 1, June 2022 ; 120-139 2549-5615 1829-5045 eng https://journals2.ums.ac.id/index.php/jurisprudence/article/view/1531/474 Copyright (c) 2022 Jurnal Jurisprudence https://creativecommons.org/licenses/by/4.0 |
| spellingShingle | Stepchild Law Enforcement Sexual Violence Incest Surbakti, Natangsa Samodra, Nerisia Bunga Kurnianingsih, Marisa Stepchildren And Incest: Law Enforcement Efforts Against Sexual Abuse In Families (A Case Study on the Decisions of Wonogiri State Court, Idi Sharia Court, and Banda Aceh Sharia Court) |
| title | Stepchildren And Incest: Law Enforcement Efforts Against Sexual Abuse In Families (A Case Study on the Decisions of Wonogiri State Court, Idi Sharia Court, and Banda Aceh Sharia Court) |
| title_full | Stepchildren And Incest: Law Enforcement Efforts Against Sexual Abuse In Families (A Case Study on the Decisions of Wonogiri State Court, Idi Sharia Court, and Banda Aceh Sharia Court) |
| title_fullStr | Stepchildren And Incest: Law Enforcement Efforts Against Sexual Abuse In Families (A Case Study on the Decisions of Wonogiri State Court, Idi Sharia Court, and Banda Aceh Sharia Court) |
| title_full_unstemmed | Stepchildren And Incest: Law Enforcement Efforts Against Sexual Abuse In Families (A Case Study on the Decisions of Wonogiri State Court, Idi Sharia Court, and Banda Aceh Sharia Court) |
| title_short | Stepchildren And Incest: Law Enforcement Efforts Against Sexual Abuse In Families (A Case Study on the Decisions of Wonogiri State Court, Idi Sharia Court, and Banda Aceh Sharia Court) |
| title_sort | stepchildren and incest law enforcement efforts against sexual abuse in families a case study on the decisions of wonogiri state court idi sharia court and banda aceh sharia court |
| topic | Stepchild Law Enforcement Sexual Violence Incest |
| topic_facet | Stepchild Law Enforcement Sexual Violence Incest |
| url | https://journals2.ums.ac.id/index.php/jurisprudence/article/view/1531 |
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