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Journal : Widya Yuridika

ANALISIS YURIDIS KRIMINOLOGIS TENTANG KEKERASAN DALAM RUMAH TANGGA YANG DILAKUKAN OLEH ISTRI TERHADAP SUAMI Zulkarnain Zulkarnain
Widya Yuridika Vol 1, No 1 (2018): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (4460.765 KB) | DOI: 10.31328/wy.v1i1.526

Abstract

Household violence is a serious phenomenon that should be catered for due to its seriousness; it is not only done by the husband, who its mostly the doer of the action, but also by the wife. As a result, it is urgent to put the laws forbidingthe practice of such a householdviolence into effect. The laws control the protection of the victims in a household. Paradoxically, the enforcement, however, may trigger new modes of household violence, namely the violence done by the wife. The modes of violence are various in type. In criminology studies, it is shown that the violence by the wife is caused by many causes. Further analyses (using a causalteit theory in criminal law) suggest that the violence by the wife is marely a negative reaction against the violence by the husband. On the basis of such of phenomenon, the law enforcement underscores socio-criminological aspects in order to realize a criminal individualization-based justice. Making a wife into a criminal case as a form of a repressive action of the violence just hide the real forms of household violence mostly done by the husband. Kata kunci: Kekerasan dalam rumah tangga, kekerasan istri, penegakan hukum
PEMBAHARUAN CRIMINAL POLICY TENTANG SISTEM PERTANGGUNGJAWABAN PIDANA KORPORASI (Upaya Strategis dalam Penaggulangan Kejahatan Korporasi) Zulkarnain Zulkarnain; Zahir Rusyad
Widya Yuridika Vol 1, No 2 (2018): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (10015.955 KB) | DOI: 10.31328/wy.v1i2.747

Abstract

Corporation crime is as extra ordinary crime we should fight against seriously. Great efforts must be made in order to remove this crime. Such effortst, however, are not in a direct proportion with the criminal policy serving as a base in its law enforcement. The criminal codes serving as the main legal law turn out just considering natural people as a subject of criminal law that may be criminaly assumed, instead of recognizing corporations as the subject of the criminal law, although in some corporation arrangements out of the criminal codes, there are some schemas that recognize corporations as a subject of law. Such arrangements, however are still doubtfully made, since the recognition of corporations as a subject of law in the law still denies the responsibility and comdemnation of corporation in the Indonesian criminal law still refer to a paradigm that position a person as a doer of crimes. As a result, although it is clear that the actor of crimes is a corporation, it is the natural person who should be responsible for the crime.  Kata Kunci: korporasi, pertanggungjawaban pidana.