Sheltered No More: The U-Visa Revocation Statute Undermines Congressss Purpose of Victim Protection

2013 ◽  
Author(s):  
Taylor L. Baronich
Keyword(s):  
Victim Protection ◽  
U Visa

Towards Coherent European Crime Victims Policies and Practices

2019 ◽  
Vol 25 (2) ◽  
pp. 122-127
Author(s):  
Dobrinka Chankova ◽  
Gergana Georgieva
Keyword(s):  
Domestic Violence ◽  
Crime Victims ◽  
Political Factors ◽  
Victims Of Crime ◽  
Victim Protection ◽  
National Governments ◽  
Protection Order ◽  
Practical Recommendations ◽  
Policies And Practices

Abstract This study explores the latest developments on the European scale of the policies and practices towards victims of crime. Due to many economic and political factors a lot of people are in movement and exposed to the risk of becoming victims of crime. During the last decade the statistics already records enhanced victimization of the global European society. These have provoked numerous legislative actions and practical initiatives in order to ensure safety, to prevent falling victims to crime and to protect better victim’s rights and needs. The European Protection Order Directive, Victims’ Directive and Convention against domestic violence, are among the most advanced legal acts worldwide. However, it is observed that their implementation in Europe is asymmetric and sometimes problematic. This paper explores the role of the national governments and specialized agencies and mainly the deficits in their activities leading to the non-usage of victims of all the existing opportunities. The newest supra-national acts aiming at the acceleration of transposition and ratification of these important for the building of victim-friendly environment documents, are discussed. Practical recommendations for a more effective victim protection are developed.

scholarly journals DIMENSION OF WHISTLEBLOWING SYSTEM: URGENSITY OF LEGISLATION STRENGTHENING

2019 ◽  
Vol 8 (3) ◽  
pp. 371
Author(s):  
Bobby Briando ◽  
Sri Kuncoro Bawono ◽  
Tony Mirwanto
Keyword(s):  
Supreme Court ◽  
Good Governance ◽  
Legal Protection ◽  
Three Dimensions ◽  
Circular Letter ◽  
Victim Protection ◽  
The Government

Eradication of corruption in Indonesia is still the main agenda of the government in building good governance. One method to expose corruption is to use a whistleblower role that can help find the criminal mode of corruption. Whistleblower mechanism is divided into three main dimensions: Human, Structure and Process. But in practice whistleblower reporters in corruption cases in Indonesia have not received maximum legal protection. In Indonesia the normative regulation governing pursuant to Law No.13 of 2006 concerning Witness and Victim Protection as well as Supreme Court Circular Letter (SEMA) No.4 Year 2011 on Treatment of Criminal Reporting and Witness of Actors Cooperation The results show that from three dimensions of whistleblower system still does not yet have binding legislation. Whistleblower reporters only accept lightening relief. Specific whistleblower legislation is urgent. In legislation, at least, it should be in accordance with Whistleblower's protection.

scholarly journals Perlindungan Hukum Terhadap Korban Tindak Pidana Pencurian Ditinjau Dari Kajian Victimlogi (Studi Putusan No : 20/Pid.B/2017/PN. Mdn)

2020 ◽  
Vol 2 (1) ◽  
pp. 41-50
Author(s):  
Jhovindo Sitorus ◽  
Rizkan Zulyadi ◽  
Wessy Trisna
Keyword(s):  
Criminal Justice ◽  
Research Method ◽  
Protection Agency ◽  
Theory Of Justice ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Victim Protection ◽  
Article 5

Protection against victims of theft is a protection according to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, all efforts are to fulfill rights and provide assistance to provide security to victims that must be carried out by the Witness and Victim Protection Agency (LPSK) or other institutions according to criteria. This protection is given at all stages of the criminal justice process within the judicial environment. The following are the rights of victims and witnesses in Law Number 13 of 2006 concerning Protection of Witnesses and Victims Article 5. The research method in this paper is a normative method that collects library data. The results and discussion of this study is about the protection of victims of theft based on the decision number: 20 / Pid.B / 2017 / PN. Mdn, based on the principle or theory of justice is not fair because there is no restitution or compensation to the victim, and the judge's consideration is to pay attention to things that are lightening and burdensome and pay attention to the absence of justification and forgiveness reasons for imposing a criminal sentence in the form of imprisonment for 2 years against the perpetrators.

scholarly journals Perlindungan Hukum Terhadap Korban Tindak Pidana Penghinaan Citra Tubuh (Body Shaming)

2021 ◽  
Vol 2 (3) ◽  
pp. 537-541
Author(s):  
Ni Made Yeni Sukmawati ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Social Media ◽  
Body Image ◽  
Research Method ◽  
Legal Protection ◽  
Criminal Code ◽  
The State ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Positive Law ◽  
Victim Protection

Body Shaming is a term that is currently trending, where criticizing or commenting on someone's physical in a negative way or with speech that intends to mock or insult someone's physical or appearance falls into this category. Legal protection for victims of body shaming needs to get very serious attention in order to deal with the phenomena that are currently happening on social media in particular. This study examines the regulation of the criminal act of insulting body image (body shaming) in terms of positive law and explains the legal protection provided to victims in the crime of insulting body image (body shaming). This study uses a normative research method by applying the legislation approach which refers to primary legal materials and secondary legal materials. The regulation of criminal acts of insulting body image (body shaming) in terms of positive law in general can be seen from the element of humiliation which is regulated in Chapter XVI of the Criminal Code and is grouped into 6 parts, namely from article 310 to article 318 and besides that, there are also other legal rules that regulate it implicitly in Article 27 paragraph (3). Article 45 paragraph (3) of the ITE Law. With sanctions in the form of criminal sanctions. The form of legal protection given to victims in the crime of body shaming is the making of policies by the State regarding prohibitions and strict sanctions for violators such as criminal sanctions and fines, through the established witness and victim protection institution

scholarly journals REALITY OF PROTECTION FOR SEXUAL VIOLENCE VICTIMS: COMPREHENSIVE PROTECTION ANALYSIS FOR SEXUAL VIOLENCE VICTIMS

2017 ◽  
Vol 2 (2) ◽  
pp. 168-183
Author(s):  
Diandra Preludio Ramada
Keyword(s):  
Sexual Violence ◽  
Scientific Information ◽  
Sexual Crimes ◽  
Preliminary Information ◽  
Sense Of Security ◽  
Victim Protection ◽  
Set Up ◽  
Depth Interviews ◽  
Physical Recovery

Lack of research on victims, especially victims of sexual crimes, whereas cases of sexual crimes are increasingly prevalent in the community. Victim protection is urgently needed to address the increasing number of victims who are not immediately noticed as law enforcers pay more attention to the perpetrators, while victims who suffer physically and psychologically, materially and spiritually, are largely ignored. There are two things that make the offer of protection become important for the victim. First, how to make victims for whom the protection is held, they feel that they are given a sense of security and comfort as citizens protected from the evil that constantly lurks. Second, how to ensure that protection institutions can be achieved with adequate social, economic and cultural aspects.This research aims to find two important things: (1). Finding framework and system of victim protection innovation in Semarang (2). Find and understand the most urgent needs of victims for psychological and physical recovery so that victims can reactivate like other citizens. The benefit of this research is to provide scientific information about the opportunities and barriers to the application of innovative protection for victims in the environment. Thus, the institution can be built especially for victims of sexual violence, as well as the preparation of aspirative and compatible programsThe research method used is qualitative research that rely on information from the first hand, both concerning the application of innovation protection and efforts to find the framework of innovation, it will be pursued stages of research stages, ranging from the determination of the object and place of research, the determination of unit analysis and observation unit, to intensive research in the field. Preliminary information was collected through a survey with questionnaires and interview guides. In addition, focus groups will be set up based on the diversity of informants. The deepening of the data is done by combining in-depth interviews and focused discussions.The findings of this research will result in a model of protection that has legitimacy for the community. The protection model is in great demand and beneficial to victims who have not been noticed.

A Fraught Pairing

2019 ◽  
pp. 202-224 ◽  
Author(s):  
Natalie Nanasi
Keyword(s):  
Domestic Violence ◽  
Intimate Partner Violence ◽  
Law Enforcement ◽  
Partner Violence ◽  
Intimate Partner ◽  
The State ◽  
U Visa

This chapter examines the tensions inherent in the U visa, a form of immigration relief that provides survivors of intimate partner violence a path to lawful status. Receipt of the U visa is contingent upon compulsory and continuing cooperation with law enforcement, which does not reflect the reality of the lives of many survivors of domestic violence, especially immigrant victims, who are uniquely unable, fearful or disinclined to engage with the state. As such, the vulnerabilities the U visa was intended to address are exacerbated and benefits to police and prosecutors are achieved at the expense of the victims Congress sought to protect.

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