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All Journal Indonesian Journal of International Law Indonesia Law Review (ILREV) West Science Law and Human Rights Jurnal Legislasi Indonesia
Harkristuti Harkrisnowo
Universitas Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Transnational Organized Crime: dalam Perspektif Hukum Pidana dan Kriminologi Harkrisnowo, Harkristuti
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Transnational organized crime has become a burning issue for the international community the past decade. Money laundering, human trafficking, drug trafficking, terrorism and firearms smuggling are examples of illicit dealing committed by organized criminal groups for their material or other gain at the expense of the rest of the society. The evasiveness and complicity of illegal organizations committing such crimes have compelled the United Nations to adopt a number of conventions including their protocols in order to combat their widening activities. Indonesia is taking similar steps, especially through legislative measures, despite the desperate conditions faced by the nations in term of law enforcement in general. Nonetheless, as victim of a number of crimes, which, among others, are alleged, to have been committed by transnational organized criminal, Indonesia is in dire need to take more serious measures in addition to legislative ones, including international and regional cooperations. Eventhough such decisions are in the hands of the ruling elite, the role of public, particularly the civil society should not be neglected.
Domestic Violence (Kekerasan Dalam Rumah Tangga) Dalam Perspektif Kriminologi dan Yuridis Harkrisnowo, Harkristuti
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Domestic violence is one shape of violence that happened to certain women in the world. The major cause of this type of violence is discrimination against women as one of gender issues. Actually, problem of women's discrimination has been addressed in several law instruments, both national and international. Domestic violence is obstinate to restrain in society and is difficult to bring up to the surface for the reason that there is power relationship between victim and offender besides emotional relationship and psychological burden. This recent day, Indonesia attempts to develop a draft of national rule for protecting women from domestic violence, which called Draft on Domestic Violence Law. Unfortunately, this draft still has some lack that can raise new problems in its implementation. This article explains about a whole picture of domestic violence, the critics towards Draft on Domestic Violence Law, and alternative solution to manage problems in domestic violence.
CRIMINISTRATIVE LAW: DEVELOPMENTS AND CHALLENGES IN INDONESIA Naibaho, Nathalina; Harkrisnowo, Harkristuti; AR, Suhariyono; Wibisana, Andri Gunawan
Indonesia Law Review Vol. 11, No. 1
Publisher : UI Scholars Hub

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Abstract

The borderlines between core criminal law and administrative law developed in such a way that it became increasingly difficult to draw a clear and a firm category while dividing line between those. The category of a measure as administrative or criminal is far from being theoretical as it preconditions the applicable legal regime and especially the level of procedural safeguards benefiting to those sanctioned. This paper is questioning the gray area belonging to something in between criminal and administrative law and discussing the rule and the role of criminal law and administrative law in action when the later comprehend punitive administrative sanctions. Several circumstances need to be considered in order to determine the appropriate sanction to fill the gap. This article also suggests the use of “una via principle” as an approach to unpack the gray area in the role of criminal and administrative law, specifically in tax law case.
REDEFINISI PIDANA DAN PEMIDANAAN KORPORASI DALAM PERSPEKTIF RANCANGAN UNDANG-UNDANG KITAB UNDANG-UNDANG HUKUM PIDANA Harkrisnowo, Harkristuti
Jurnal Legislasi Indonesia Vol 16, No 4 (2019): Jurnal Legislasi Indonesia - Desember 2019
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v16i4.598

Abstract

Corporations as subjects of criminal law has been in existence in Indonesia since 1955 with the enactment of the Emergency Law no. 7.  However, apparently efforts to catch corporations into the net of criminal law is definitely unsatisfactory, for despite the many forms and faces of corporate crimes,  the past six decades witnessess a negligible number of corporations being brought to justice. But obviously this is not only a problem in Indonesia, but also in other countries,  despite the fact that most countries do have laws and regulations regarding corporate criminal liability. The skepticism againts the enforcement of the law towards corporations eventually creates the perception of corporate impunity. What factors are correlated with this condition, are we in the right track of formulating the term corporation and are there potential criteria for corporate criminal liability, and what criminal sanctions  are most appropriate for corporation will be discussed in this paper.
MENYIMAK RUU PERLINDUNGAN TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA 1 Harkrisnowo, Harkristuti
Jurnal Legislasi Indonesia Vol 1, No 1 (2004): Jurnal Legislasi Indonesia - Maret 2004
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v1i1.267

Abstract

Diskriminasi terhadap perempuan sama sekali bukan hanya dijumpai dalam novel dan di negara-seberang atau antah berantah, tapi juga terjadi di Indonesia. Keberadaan perempuan yang seringkali digolongkan sebagai “second-class citizens” makin terpuruk akhir-akhir ini dengan adanyaberbagai kekacauan, yang menciptakan korban-korban perempuan barudalam jumlah yang cukup banyak, baik secara fisik (misalnya perkosaan,perbuatan cabul), psikologis (pelecehan, teror) maupun ekonomis (di PHK).Dalam kondisi yang dipicu oleh konstruksi sosial politik semacam ini,fenomenon yang menjadi perhatian besar masyarakat akhir-akhir ini, bahkanjuga masyarakat internasional, adalah tindak kekerasan terhadap perempuan.
Resolving Serious Violations of Human Rights in Non-Judicial Mechanisms in Indonesia Rohman, Syaiful; Harkrisnowo, Harkristuti
West Science Law and Human Rights Vol. 2 No. 02 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i02.699

Abstract

Protection and respect for human rights is the state's responsibility, especially the government. The state is morally and politically responsible for ending the nation's wounds to create harmony in national and state life. Therefore, the government is obliged to resolve cases Serious Violations of Human Rights either judicially or non-judicially. Legislation has outlined that Serious Violations of Human Rights can be resolved through judicial and non-judicial mechanisms. The government has issued various policies to resolve Serious Violations of Human Rights through non-judicial mechanisms that aim to focus on recovering victims. This research uses qualitative methods using credible and relevant data sources. This research shows that non-judicial resolution Serious Violations of Human Rights is a middle way to provide a sense of justice to victims. The state is responsible and provides victims' rights through a reconciliation process to create harmony among society in the nation and state.
Co-Authors Andri Gunawan Wibisana AR, Suhariyono Nathalina Naibaho Syaiful Rohman, Syaiful