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All Journal Jurnal Hukum Khaira Ummah Law Development Journal
Bambang Tri Bawono
(Scopus ID : 58182995900) Universitas Islam Sultan Agung Semarang, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Uncertainty on the Obligations of People Who Hear, See or Know the Occurrence of Domestic Violence Crimes Bambang Tri Bawono; Andri Winjaya Laksana; Moh. Nurul Huda
Jurnal Hukum Khaira Ummah Vol 21, No 2 (2026): June 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i2.53912

Abstract

One of the problems that until now is still mushrooming in Indonesia is related to violence in the stairs. The problem of domestic violence regulation is related to the existence of legal uncertainty for the community or everyone who hears, sees, or knows the occurrence of a crime of domestic violence is obliged to prevent, protect the law and provide emergency assistance to the victim and assist in the process of submitting an application for the determination of protection. The type of research used in this study uses empirical legal research, using a descriptive research type which will later be analyzed using qualitative analysis. The results of the study show that there is legal uncertainty in article 15 of the PKDRT Law. This is because the article contains the phrase mandatory, while it is not accompanied by sanctions, while in point 268 of Attachment 1 of the Law on the Formation of Legislation it expressly says that When there is a mandatory word, sanctions must be given for those who do not do it.
Quo Vadis: Payment of Compensation as an Alternative to Sanctions for Corruption Crimes Harming State Finances Bambang Tri Bawono; Moh. Nurul Huda
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.842-853

Abstract

Efforts to eradicate corruption through enforcement actions require high costs and overcapacity of prisons are one of the fundamental problems in handling corruption crimes in Indonesia. Based on this, new issues have emerged so that law enforcement efforts against the eradication of corruption are oriented towards the implementation of compensation to break the chain of state financial losses caused by corruption crimes. The purpose of the study is to analyze the construction of eradication of corruption crimes and the payment of compensation as an alternative to sanctions for corruption crimes. The type of research used is normative legal research, using analytical descriptive specifications and requiring primary data and secondary data. The results of the study show that compensation for corruption crimes is included in the additional type of crime, so this type of crime can only be included alternatively and cannot be when it is not accompanied by the main crime. Moreover, in the provisions of Article 4 of Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning the Eradication of Corruption Crimes, there is an article provision that expressly states that the return of state financial losses does not abolish the conviction of the perpetrators of corruption crimes and is only a mitigating factor, so the payment of compensation cannot be used as an alternative to sanctions for corruption crimes that harm state finances However, it must be accompanied by a principal crime.
Co-Authors Andri Winjaya Laksana Moh. Nurul Huda Moh. Nurul Huda