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PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA (KDRT): PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA (KDRT) bambang ali kusumo; Supriyanta Supriyanta; Regia Cahaya
Adi Widya : Jurnal Pengabdian Masyarakat Vol. 7 No. 1 (2023): Adi Widya: Jurnal Pengabdian Masyarakat
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/awpm.v7i1.8039

Abstract

The purpose of this service is to find out how the legal protection for victims of domestic violence according to Law no. 23 of 2004 concerning the Elimination of Domestic Violence and what are the obstacles or obstacles that arise in the implementation of protection for victims of Domestic Violence (KDRT). The method in this community service is by means of lectures and discussions. Legal protection for victims of domestic violence is very much needed because all forms of violence, especially domestic violence are violations of human rights and crimes against human dignity and forms of discrimination. Victims of physical-psychological violence, sexual and neglect experience suffering and losses, so it is necessary to protect the rights of victims to obtain justice. The obstacle or obstacle that arises in the implementation of protection for victims of domestic violence is that domestic violence is often not reported to the police, because victims feel ashamed to open up household problems to other parties. family
REKONSTRUKSI HUKUM PIDANA MATERIIL PADA KORPORASI DALAM TINDAK PIDANA PERPAJAKAN DI INDONESIA Bambang Bambang Ali; Supriyanta Supriyanta
RESEARCH FAIR UNISRI Vol 7 No 2 (2023): Research Fair UNISRI
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/rsfu.v7i2.9994

Abstract

Subjects of Tax Law are individuals and Legal Entities or Corporations. In enforcing tax law, tax law violations often occur, both by individuals and corporations. Efforts to resolve this deviation for individual perpetrators are easier to resolve in accordance with applicable law, but for corporate perpetrators material criminal law experiences problems. For perpetrators (corporations or legal entities) of tax crimes to be given criminal penalties or sanctions, the material criminal law must be changed or reconstructed. To reconstruct this, research needs to be done. The research was conducted through normative juridical research, which is based on secondary data. The nature of the research is descriptive research. The dominant data source is secondary data, which includes primary legal materials, secondary legal materials and tertiary legal materials. The results of the research show that if the material criminal law that regulates criminal acts in the field of taxation in its sanctions is not changed or reconstructed, then legal entities or corporations as perpetrators of criminal acts cannot be charged with the material criminal law contained in Law no. 28 of 2007 concerning General Provisions and Tax Procedures. Keywords: Reconstruction, material criminal law, corporations.
Necessary Defense (Noodweer) in Assault Cases After the Enactment of Indonesia's National Criminal Code and Criminal Procedure Code Esti Aryani; Supriyanta Supriyanta
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 3 No. 3 (2026): September: Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v3i3.3405

Abstract

Necessary defense (noodweer) is a justification that may remove the unlawfulness of an act, including conduct that formally fulfills the elements of criminal assault. The legal problem arises when a person who resists an unlawful attack to protect themselves or another person is instead investigated and processed as a criminal offender. This study aims to analyze the application of necessary defense as a ground excluding punishment in assault offenses under the National Criminal Code and to analyze the authority of law enforcement officials to determine the existence of necessary defense under the latest Criminal Procedure Code. The study employs normative legal research using statutory, conceptual, and case approaches. Legal materials are analyzed qualitatively through a prescriptive method and deductive reasoning. The findings show that necessary defense under Article 34 of Law Number 1 of 2023 on the Criminal Code constitutes a justification when there is an immediate unlawful attack or threat of attack, the defensive act is directed at protecting a legally recognized interest, and the principles of proportionality and subsidiarity are satisfied. Its application must be assessed on a case-by-case basis by considering the concrete circumstances in which the attack occurred. Under Law Number 20 of 2025 on the Criminal Procedure Code, the assessment of necessary defense is not confined to judges but may be conducted sequentially by investigators, public prosecutors, and judges according to the stage of criminal proceedings. Investigators may terminate an investigation when the event does not constitute a criminal offense because a justification exists; public prosecutors may consider closing the case in the interest of law; and judges may render a judgment releasing the defendant from all legal charges. These powers must be exercised objectively, cautiously, transparently, and on the basis of evidence so as to protect persons who defend themselves without creating room for vigilantism.