Miscarriages of Justice in Indonesia: Marginalized Groups, Structural Victimization, and Formal Social Control

DOI

10.2991/assehr.k.211112.059How to use a DOI?

Keywords

Miscarriages of justice; Structural victimization; Formal social control

Abstract

This research discusses the miscarriages of justice in Indonesia from a criminological perspective. From the various cases obtained, most of them target the marginalized. If this continues, there is a risk that the government and criminal justice system would lose public trust and may cause further negative impacts. The method used is a qualitative method. Primary data collection is carried out by conducting unstructured interviews with practitioners, namely officials from the criminal justice system; government and non-government organizations serving victims; and academics. Secondary data search is done through news collection from the mass media online, the reports from non-government organizations, and the reports from the Directory of Decisions of the Supreme Court of the Republic of Indonesia. Study results show structural victimization, a process originating from the social structure and power in society. Therefore, there is a need for formal social control. Formal social control carried out is system change and human change. Human change is carried out by targeting two elements, namely changes in the elements of the criminal justice system and changes in society. Formal social control would be useful to prevent the occurrence of miscarriages of justice in Indonesia.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Erni Rahmawati
AU  - Mohammad Kemal Dermawan
PY  - 2021
DA  - 2021/11/23
TI  - Miscarriages of Justice in Indonesia: Marginalized Groups, Structural Victimization, and Formal Social Control
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 456
EP  - 466
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.059
DO  - 10.2991/assehr.k.211112.059
ID  - Rahmawati2021
ER  -