Fulfillment of the Right of Access to Justice Through the Application of Restorative Justice Principles for Women Facing the Law
Keywords:
law, fulfillment, right of accessAbstract
The right to obtain justice is a human right that must be respected, protected, and fulfilled by the state. "However, currently the fulfillment of the right to obtain justice is still far from expectations. The research method used is normative juridical or literature research related to normative legal substance, to find truth based on scientific logic viewed from the normative side by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study show that in prosecuting women facing the law, judges have considerations based on the facts at trial, exploring the values that live in society, international conventions and agreements related to gender equality that have been ratified. The state makes regulations for judges as a guideline in prosecuting women against the law, to ensure gender equality, equal protection and non-discrimination
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References
Emerson, T. (1976). The First Amandment And The Right To Know. Law Quartely, 1–24.
Fitzpatrick, D. (2006). Evolution and chaos in property rights systems: The Third World tragedy of contested access. Yale Law Journal, 115(5), 996–1048. https://doi.org/10.2307/20455644
Ginsburg, J. C. (2006). From having copies to experiencing works: The development of an access right in U.S. copyright law. US Intellectual Property Law and Policy, 113, 39–58. https://doi.org/10.2139/ssrn.222493
Heywood, M. (2009). South Africa’s treatment action campaign: Combining law and social mobilization to realize the right to health. Journal of Human Rights Practice, 1(1), 14–36. https://doi.org/10.1093/jhuman/hun006
Meertens, D., & Zambrano, M. (2010). Citizenship Deferred: The Politics of Victimhood, Land Restitution and Gender Justice in the Colombian (Post?) Conflict. International Journal of Transitional Justice, 4(2), 189–206. https://doi.org/10.1093/ijtj/ijq009
Naqvi, Y. (2006). The right to the truth in international law: Fact or fiction? International Review of the Red Cross, 88(862), 245–273. https://doi.org/10.1017/S1816383106000518
Pranis, K. (2002). Restorative Values and Confronting Family Violence. Restorative Justice and Family Violence, 23–41.
sahala, haposan. (2021). Implementation Of Restorative Justice In Indonesian General Courts ( Based On The Decree Of The Director- General Of The Supreme Court Of The Republic Of Indonesia. International Journal of Research, 9(4). https://doi.org/10.7821/granthaalayah.v9.i4.2021.3886
Sherman, B. L. W., Strang, H., Barnes, G., & Newbury-birch, D. (2007). restorative justice : the evidence restorative justice : the evidence In collaboration with. 44(0), 0–95.
Stubbs, J. (2010). Relations of Domination and Subordination: Challenges for Restorative Justice in Responding to Domestic Violence. UNSW Law Journal, 33(3), 970–986.
Van Wormer, K. (2009). Restorative justice as social justice for victims of gendered violence: A standpoint feminist perspective. Social Work, 54(2), 107–116. https://doi.org/10.1093/sw/54.2.107
Waugh, T. (2015). The Right to Play Oneself. The Right to Play Oneself, 49(1). https://doi.org/10.5749/minnesota/9780816645862.001.0001
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Copyright (c) 2023 Undang Abdul Mutolib, Nanun Abdillah, Asep Irfan, Imam Sucipto, Mujio Nurkholis
This work is licensed under a Creative Commons Attribution 4.0 International License.
