Jurnal Restorative Justice

Peluang Mewujudkan Tata Kelola Victim Trust Fund Di Lembaga Perlindungan Saksi Dan Korban (LPSK) Untuk Pemulihan Korban Akibat Tindak Pidana

Dian Herdiansah — Wed, 30 Apr 2025 00:00:00 +0900

The Victim Trust Fund (VTF) is an alternative financing mechanism designed to ensure comprehensive restitution for crime victims, particularly when offenders are unable to fulfill restitution obligations. In Indonesia, although the concept has emerged through the Victim Assistance Fund (DBK) under the Sexual Violence Act (UU TPKS), its scope and implementation remain limited. This paper aims to analyze the regulatory framework and governance of VTF across selected countries and international institutions, while assessing its applicability within the Indonesian legal system. The research employs a qualitative approach using normative-empirical methods through legal literature review, comparative study, and focus group discussions. Findings reveal that countries such as the Netherlands, the United States, Norway, and the Philippines have developed victim compensation schemes supported by both state and non-state sources. Internationally, the ICC and the United Nations implement trust fund models that emphasize non-financial restorative services. This study concludes that Indonesia must strengthen its legal and institutional frameworks to establish a sustainable VTF, either through an endowment fund or pooling fund model, to enhance victims’ access to holistic and continuous recovery services.

Analisis Keadilan Gender dalam Putusan Pengadilan: Studi Kasus Mengenai Pemberian Hak Asuh Anak di Batam

Mitchelle Lizen Huang, Ampuan Situmeang, Emiliya Febriyani — Fri, 23 May 2025 00:00:00 +0900

Maraknya kasus perceraian yang terjadi di Batam menimbulkan sengketa hak asuh anak, apabila kita sadari kebanyakan hak asuh anak jatuh ke tangan ibu. Maka dari itu penelitian ini bertujuan untuk menganalisis keadilan gender dalam putusan pengadilan, dengan fokus pada studi kasus mengenai pemberian hak asuh anak di Kota Batam. Metode penelitian yang digunakan adaetode penelitian hukum normatif, dikarenakan karakteristik tujuan penelitian ini adalah untuk menganalisis putusan pemberian hak asuh anak dalam perspektif keadilan gender. Data yang digunakan adalah data sekunder berupa bahan-bahan hukum, sehingga didapatkan data bahwa Batam menjadi kota yang memiliki kasus perceraian paling tinggi di Kepulauan Riau. Terdapat 34 putusan yang diambil sebagai sampel penelitian dan sebanyak 79% hak asuh anak jatuh ke tangan ibu. Hasil penelitian menunjukan bahwa adanya ketimpangan gender dalam sengketa hak asuh anak disebabkan oleh perbedaan pendekatan yang diadopsi hakim.

Legal Certainty in the Enforcement of Copyright Infringement on E-Commerce Platforms in Indonesia

Steven Leonardo, Lu Sudirman, Hari Sutra Disemadi — Fri, 23 May 2025 12:46:57 +0900

Although Indonesia has Law No. 28 of 2014 on Copyright, the legal problems of copyright infringement in transactions on e-commerce platforms are legal regulations regarding the enforcement of copyright infringement and the awareness of e-commerce platform users. There is a gap between the current law and the reality on the ground, and piracy is still widespread. The purpose of this study is to analyze legal certainty in the enforcement of copyright infringement on e-commerce platforms based on the current law and to identify challenges in its enforcement. The method used in this research is a normative legal research method that involves analyzing laws and regulations, legal theories, and literature related to copyright and e-commerce issues. The findings of this study recommend the reconstruction of copyright enforcement on e-commerce platforms in Indonesia through the integration of advanced technologies such as Artificial Intelligence (AI) and automated algorithms to effectively detect and monitor violations, accompanied by the simplification of administrative processes. Additionally, it emphasizes the importance of defining specific responsibilities for e-commerce platforms, strengthening sanctions for royalty payment violations, and increasing legal awareness among users through educational campaigns and transaction agreements that include copyright protection to ensure legal certainty in the digital era.

Persinggungan Hukum Adat Dan Hukum Islam Dalam Penguasaan Tanah Ajun Arah Masyarakat Sungai Penuh Jambi

Ilham Abdi Prawira, Vioni Saputri, Dedi Sumanto, Asriadi Zainuddin — Fri, 23 May 2025 12:50:14 +0900

Customary land in Indonesia has essentially developed since ancient times, even long before Indonesia's independence, the Indonesian people have carried out land practices according to customary law. The purpose of this study was to determine the intersection of customary law and Islamic law in the control of ajun arah land in the Sungai Penuh community, Jambi. This study uses a socio-legal method that aims to understand the legal phenomena that occur in society. The primary data of this study came from in-depth interviews with religious and customary leaders, while secondary data were obtained from relevant literature. The data were then analyzed through editing, organizing, and grouping the research results. The results of the study indicate that there is an intersection between customary law and Islamic law in the control of ajun arah land in the Sungai Penuh community, Jambi. However, the two can interact with each other, this can be seen in the nature of the ajun arah land controlled by customary leaders. In Islamic legal norms, this practice can be in line because the ajun arah land is used for the benefit and sustainability of the customary community, in addition to avoiding internal conflicts in the customary community.

Kebijakan Perubahan Iklim Di Papua: Kolaborasi Antara Pemerintah Dan Masyarakat Adat

Nasri Wijaya, Emiliana B. Rahail, Andi Ervin Novara Jaya — Fri, 23 May 2025 12:51:12 +0900

Papua, with Indonesia's richest biodiversity, faces significant climate change challenges. Sustainable policies require synergy among stakeholders, including indigenous communities with their local knowledge and traditional practices. The forest, seen as "Mama" by Papuans, is crucial for their livelihood and customs. Despite their efforts to protect it, indigenous communities remain vulnerable to climate impacts. Their limited participation in planning and decision-making often leads to ineffective climate solutions. This research explores policies by regional and central governments and

the active role of indigenous communities, focusing on climate change due to the conversion of customary forests into oil palm plantations and the marginalization of indigenous communities from losing their ancestral forest rights and access. The qualitative study shows that collaboration between the government and indigenous communities can enhance climate policy effectiveness. Indigenous participation enriches local knowledge and strengthens environmental commitments. The article highlights partnership challenges, such as differing perspectives and the need for flexible policy adaptation. The main recommendations are to strengthen communication and build capacity at both government and indigenous community levels for effective climate change mitigation in Papua. This collaboration could serve as a model for other regions facing similar challenges.

Aspek Hukum Perdata Dalam Penyelesaian Sengketa Investasi Berkelanjutan Di Indonesia

Yuldiana Zesa Azis, Ahmad Ali Muddin — Fri, 23 May 2025 12:52:15 +0900

Sustainable investment plays a crucial role in Indonesia's economic development by emphasizing a balance between economic growth,environmental protection, and social welfare. Despite a significant increase in investment in strategic sectors such as energy and infrastructure, the main challenge is managing the negative impact on the environment and local communities. This article discusses the role of civil law in resolvingdisputes arising from conflicts between economic interests and environmental or social needs. Civil law, through mechanisms such as the filing of lawsuits in court, mediation, and arbitration, serves as a tool to bridge conflicting interests and ensure fair settlements. The development ofpolicies and legal instruments that support sustainability is also important to maximize the benefits of investment while maintaining a balancebetween various interests.

Perlindungan Hukum Terhadap Anak Sebagai Saksi Dalam Proses Peradilan Pidana Di Indonesia

Marlyn Jane Alputila, Jaya Setiawan Sinaga — Tue, 27 May 2025 00:00:00 +0900

This study aims to analyze the forms and mechanisms of legal protection for children as witnesses in the criminal justice process in Indonesia, as well as to identify obstacles and solutions in its implementation. The research method employed is a normative juridical approach with a literature study on relevant legislation and related literature. The results show that legal protection for child witnesses is comprehensively regulated in the Child Protection Act and the Juvenile Criminal Justice System Act, including rights to accompaniment, child-friendly examination, and provision of special facilities. However, implementation in the field faces challenges such as lack of training for law enforcement officers, inadequate facilities, weak inter-agency coordination, and cultural and social factors. Therefore, it is necessary to improve human resource capacity, institutional strengthening, and legal education to the public to ensure effective protection of children as witnesses. This study concludes that legal protection for child witnesses is an important indicator of a fair and civilized justice system in Indonesia.

Keywords: children, witnesses, legal protection, criminal justice, Indonesia

Kewenangan Badan Pengawas Pemilu Berdasarkan Peraturan Perundang-Undangan

Handika Dwi Ardiansyah Pelu, Yosman Leonard Silubun — Mon, 02 Jun 2025 03:08:37 +0900

The institutional capacity of Bawaslu as a dispute resolver, starting from the personal commissioner of Bawaslu who has a strong vision regarding the design of dispute resolution as well as the carrying capacity of an organization that is capable of operationalizing its authority. Bawaslu itself has been strengthened by the existing electoral legal system, of course there are still various evaluations in strengthening the Bawaslu institution in order to achieve general elections that are not only democratic but also have integrity. This research aims to determine the Authority of the Election Supervisory Body Based on Legislative Mechanisms. In line with the problems to be researched, this research includes normative legal research using a Normative Juridical approach which takes primary data by conducting a literature review and secondary data by processing it from legal materials. primary, secondary legal materials, and tertiary legal materials. Bawaslu's authority in accordance with law number 7 of 2017 concerning general elections is weak, the existence of Bawaslu in previous elections seems to have been limited to "complementary" because the authority given to this institution was inadequate in contributing to upholding election justice.