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The effects of kindship system in judicial perception in handling cases of violence against women

Setiyono, Setiyono and Indrayanti, Kadek Wiwik (2020) The effects of kindship system in judicial perception in handling cases of violence against women. International Journal of Scientific and Research Publications, 10 (8). pp. 535-540. ISSN 2250-3153

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The phenomenon of violence against women is increasing with all kinds of diverse forms of violence. There are still
many Indonesian women who find it difficult to access legal justice when they are victims in cases of violence. The legal culture
of judges needs to be studied in depth given the judges' decisions that are very diverse and far from a sense of justice in cases of
violence against women. Moreover, the principle of the benefits of the decisions are often perceived as not fulfilling a sense of
justice both by justice seekers and the community. The specific purpose of this study is to obtain in-depth information on the
impact of existing values on the kinship system that forms the basis of life, perception and judges understanding of the law,
especially in giving decisions on cases of violence against women. This research is expected to contribute to one aspect of the
legal system component, namely the legal culture component, in order to enrich judicial behavior theories to improve the
conditions of the law enforcement process in Indonesia. This research is exploratory with an approach that is more directed
towards empirical legal research by examining one aspect of the legal system component and aspects of the legal structure about
the impact of the kinship system on the perception of judges in cases of violence. This research was conducted in the East Java
High Court and Denpasar, because these two locations have different kinship systems, namely Java with a parental system and
Bali with a patrilineal system. The kinship system adopted by the judge determines the judge's perception so that it will be
reflected in his decision. For this reason, studies in the field of legal culture both among law enforcement, executive and
legislative bodies need to be carried out so that the results can be used as material to increase knowledge in the legal aspects.

Item Type: Article
Additional Information: Nama : Kadek Wiwik Indrayanti
Uncontrolled Keywords: Violence against women, legal culture, kinship system and judicial behavior.
Divisions: Fakultas Hukum > S1 Hukum
Depositing User: Surya Dannie
Date Deposited: 21 Mar 2023 14:15
Last Modified: 21 Mar 2023 14:15

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