TINJAUAN YURIDIS PENERAPAN PERATURAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2017 TENTANG PEDOMAN MENGADILI PERKARA PEREMPUAN BERHADAPAN DENGAN HUKUM DALAM KASUS BAIQ NURIL

Abstract

This research discusses the application of Supreme Court Regulation No.3 of
2017 concerning Guidelines for Adjudicating Women's Cases in Contrasts with the Law.
This Supreme Court Regulation (PERMA) contains the basics in the concept of gender
equality, how judges should behave and what judges should not do in court. One example
of a case that does not apply the Supreme Court regulation (PERMA) Number 3 of 2017
concerning Guidelines for Adjudicating Women's Cases against the Law, namely, the
case of Baiq Nuril Maknun in Cassation Decision 574.K / Pid.Sus / 2018. Where in this
case, Baiq Nuril Maknun is a woman who is facing the law for a case of verbal sexual
violence by her superior, Haji Muslim. However, the victim was instead made the
perpetrator based on what he had done in order to defend his dignity. The purposes of
writing this thesis are: First, to find out the application of Supreme Court Regulation
Number 3 of 2017 concerning Guidelines for Adjudicating Women's Cases Against the
Law in the Baiq Nuril Maknun case. Second, to find out the legal consequences for the
victim's cassation decision in the Baiq Nuril Maknun case who did not pay attention to
Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Adjudicating
Women's Cases Against the Law in terms of Victim Blaming.
The type of research used in this legal research is the normative juridical method. The
data analysis used is qualitative analysis. In drawing conclusions, the author uses the
deductive thinking method, which is a way of thinking that draws conclusions from
general statements or propositions into certain statements.
 From the research results, there are two main points that can be concluded. First,
justice for the defendant Baiq Nuril Maknun in decision Number 574.K / Pid.Sus / 2018
has not been fulfilled, because the Supreme Court judge (MA) in deciding the Baiq Nuril
Maknun case did not apply or was not guided by the Supreme Court Regulation Number 3
of 2017 concerning Guidelines for Adjudicating Women's Cases against the Law. so that
the objectives of the law do not achieve a sense of justice, legal certainty and benefit.
Second, the legal consequences for the victim, namely the convicted person Baiq Nuril
Maknun, the judge did not side with the victim, blaming the victim (victim blaming),
namely Baiq Nuri Maknun as the perpetrator. Resulting in Baiq Nuril Maknun as a victim
of verbal sexual violence against the victim's physical, psychological and social
conditions.
Keywords: Victim- Sexual Violence- Victim Blaming