CD Skripsi
Pertimbangan Hakim Dalam Memberikan Vonis Terhadap Perempuan Pelaku Tindak Pidana Dilihat Dari Perspektif Keadilan Gender
ABSTRACT
This study is closely tied to the concept of gender justice. Gender equity refers to the condition of fair treatment of both women and men, which is distinct from the concept of gender equality, which emphasizes equal conditions and positions for both to obtain rights and opportunities. In the context of this research, it is essential to evaluate whether judicial rulings have considered gender justice and equality, avoided discrimination, and addressed structural injustices in handling cases involving female offenders. This study comprehensively examines the legal framework for treating female offenders in Indonesia and the perspective of judges in criminal cases involving women, alongside an analysis of judicial regulations regarding the treatment of female offenders from a gender justice standpoint.
Regarding the research methodology, the study specifically employs a normative legal research approach, which examines positive law and legal principles. The data used are secondary sources, including primary, secondary, and tertiary legal materials. Data collection was conducted through a literature review, while data analysis was carried out using a qualitative approach that produces descriptive data. The results of the analysis will be presented deductively, moving from general statements to more specific conclusions.
The findings of the study indicate that, first, the regulations concerning female offenders in Indonesia are closely linked to efforts to promote gender justice. The Supreme Court Regulation No. 3 of 2017 concerning Guidelines for Adjudicating Women's Criminal Cases is a positive breakthrough; however, based on the facts, further optimization and evaluation of the regulation are needed, particularly with regard to clauses related to the handling and implementation of guidelines in criminal cases involving female offenders. Second, judicial regulations regarding the treatment of female offenders must, at the very least, adopt a gender justice perspective. Consistency in decision-making principles ensures that legal considerations align with the objectives of criminal punishment, thereby preventing unjust disparities in sentencing, whether overly lenient or excessively harsh. This ensures that female offenders are treated in accordance with the principle of equality under the law. Moreover, additional relevant clauses should be added to better integrate gender justice into the judicial process.
Keywords: Judicial Considerations, Verdicts, Women, Female Offenders, Gender Justice.
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