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PENGANIAYAAN TERHADAP NARAPIDANA PELAKU PERKOSAAN YANG MENGALAMI LABEL NEGATIF DI LEMBAGA PEMASYARAKATAN (STUDI DI LEMBAGA PEMASYARAKATAN WIROGUNAN YOGYAKARTA) Martha, Aroma Elmina; Khoirunnas, Chandra
Veritas et Justitia Vol. 4 No. 2 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v4i2.3064

Abstract

This article is a case study on the legal issues surrounding beatings and torture suffered by rape offenders incarcerated in the Wirogunan Prison, Yogyyakarta.  Purpose of this research is to identify profile of perpetrator and determinate what factors are behind this deviant behaviour.  This research uses a criminological method or approach. Data has been obtained from direct observation, expert interviews and literature review.  One of the important findings is that beatings and torture of rape offenders are justified by the general inmates on the basis of negative labelling given toward the offender and his crime.
Investigators' Efforts To Resolve Online Fraud Criminal Act At The Police Of The Special Region Of Yogyakarta Setyawan, Christina Natalia Riesty; Martha, Aroma Elmina
Jurnal Ilmu Sosial Mamangan Vol 12, No 3 (2024): Jurnal Ilmu Sosial Mamangan Accredited 3 (SK Dirjen Ristek Dikti No. 158/E/KPT/
Publisher : LPPM Universitas PGRI Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22202/mamangan.v12i3.5022

Abstract

This study discusses the theoretical perspective of optimizing criminal law in the efforts of investigators to resolve online fraud crimes. This type of research is empirical legal research. Data sources consist of primary data in the form of interviews and secondary data in the form of primary, secondary and tertiary legal materials. Methods of collecting data by interview and literature study. The results of this study are, first, the constraints experienced by investigators, namely the difficulty in tracing perpetrators will usually use fake identities, the difficulty of opening perpetrator accounts because there are bank bureaucratic agreements, the absence of a special unit handling cybercrime crime cases and the lack of DIY Polda investigators who have the ability to and experience in the field of ITE or Cybercrime, secondly, Efforts to solve it namely Providing counseling and mentorship to the community; block accounts of criminals; addition of police personnel; additional computer equipment.
Indonesian Criminal Code, Living Law and Control in Law Enforcement in Indonesia Selajar, Sophian Yahya; Martha, Aroma Elmina
SASI Volume 29 Issue 4, December 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i4.1697

Abstract

Introduction: The inclusion of the Living Law concept in the latest Criminal Code as a law that lives in society.Purposes of the Research:  This paper analyzes the dialectic of legal certainty according to the principle of legality with living law as the principle of substantive justice in criminal law reform, from the perspective of law as a mechanism of social control and its influence on the dynamics of criminal law enforcement in Indonesia.Methods of the Research: This research uses a normative legal research model. Data collection is done through secondary data searches in the form of primary legal materials and secondary legal materials that are relevant to the object of the problem being studied. The approach used in the analysis is juridical-normative and then elaborated with a sociological approach through social science theories.Results of the Research: The results of the research on the accommodation of living law as a basic principle of criminal law have led to a dialectic between the principle of legal certainty and the principle of substantive justice. Living law is a form of law that is not codified like state law, but rather leads to awareness and cooperation among individuals in a community, so that the function applied is to control over community behavior, so that law enforcement mechanisms run naturally in order to maintain order and public morality.
PENGANIAYAAN TERHADAP NARAPIDANA PELAKU PERKOSAAN YANG MENGALAMI LABEL NEGATIF DI LEMBAGA PEMASYARAKATAN (STUDI DI LEMBAGA PEMASYARAKATAN WIROGUNAN YOGYAKARTA) Martha, Aroma Elmina; Khoirunnas, Chandra
Veritas et Justitia Vol. 4 No. 2 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v4i2.3064

Abstract

This article is a case study on the legal issues surrounding beatings and torture suffered by rape offenders incarcerated in the Wirogunan Prison, Yogyyakarta.  Purpose of this research is to identify profile of perpetrator and determinate what factors are behind this deviant behaviour.  This research uses a criminological method or approach. Data has been obtained from direct observation, expert interviews and literature review.  One of the important findings is that beatings and torture of rape offenders are justified by the general inmates on the basis of negative labelling given toward the offender and his crime.