CD Skripsi

Tinjauan Yuridis Penerapan Peraturan Mahkamah Agung Nomor 3 Tahun 2017 Tentang Pedoman Mengadili Perkara Perempuan Berhadapan Dengan Hukum Dalam Kasus Baiq Nuril Maknun

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ABSTRACT
This research discusses the application of Supreme Court Regulation No.3
of 2017 concerning Guidelines for Adjudicating Women's Cases in Contrasts with
the Law. This Supreme Court Regulation (PERMA) contains the basics in the
concept of gender equality, how judges should behave and what judges should not
do in court. One example of a case that does not apply the Supreme Court
regulation (PERMA) Number 3 of 2017 concerning Guidelines for Adjudicating
Women's Cases against the Law, namely, the case of Baiq Nuril Maknun in
Cassation Decision 574.K / Pid.Sus / 2018. Where in this case, Baiq Nuril Maknun
is a woman who is facing the law for a case of verbal sexual violence by her
superior, Haji Muslim. However, the victim was instead made the perpetrator based
on what he had done in order to defend his dignity. The purposes of writing this
thesis are: First, to find out the application of Supreme Court Regulation Number 3
of 2017 concerning Guidelines for Adjudicating Women's Cases Against the Law in
the Baiq Nuril Maknun case. Second, to find out the legal consequences for the
victim's cassation decision in the Baiq Nuril Maknun case who did not pay attention
to Supreme Court Regulation Number 3 of 2017 concerning Guidelines for
Adjudicating Women's Cases Against the Law in terms of Victim Blaming.
The type of research used in this legal research is the normative juridical
method. The data analysis used is qualitative analysis. In drawing conclusions, the
author uses the deductive thinking method, which is a way of thinking that draws
conclusions from general statements or propositions into certain statements.
From the research results, there are two main points that can be concluded.
First, justice for the defendant Baiq Nuril Maknun in decision Number 574.K /
Pid.Sus / 2018 has not been fulfilled, because the Supreme Court judge (MA) in
deciding the Baiq Nuril Maknun case did not apply or was not guided by the
Supreme Court Regulation Number 3 of 2017 concerning Guidelines for
Adjudicating Women's Cases against the Law. so that the objectives of the law do
not achieve a sense of justice, legal certainty and benefit. Second, the legal
consequences for the victim, namely the convicted person Baiq Nuril Maknun, the
judge did not side with the victim, blaming the victim (victim blaming), namely Baiq
Nuri Maknun as the perpetrator. Resulting in Baiq Nuril Maknun as a victim of
verbal sexual violence against the victim's physical, psychological and social
conditions.
Keywords: Victim- Sexual Violence- Victim Blaming.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0119)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2021

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0119)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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