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Journal : KOLABORASI: Journal of Multidisciplinary

 1 
Implementation of Victims' Rights in District Court Decisions: A Study of Legal Protection for Victims of Domestic Violence Kevin Endilosa Barus; Novelina Mutiara; Elpina
KOLABORASI: Journal of Multidisciplinary Vol. 1 No. 1 (2024): February
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/zk3hth41

Abstract

This study aims to identify factors that trigger domestic violence (DV) by husbands against their wives. Some of the main factors include the patriarchal system, discrepancies in husband's expectations, economic competition in the household, and husband's frustration that leads to physical, sexual, psychological violence, or family neglect. In addition, women's limited access to the legal process is also an obstacle, where the Criminal Procedure Code minimally addresses victims' rights, and reports are often considered as ordinary domestic conflicts. This research also examines legal protection for victims of domestic violence based on Law No. 23 of 2004 and how the district court provides protection for victims in its decisions. The research used a normative juridical method with a statutory and case approach, as well as literature study techniques to collect data. The results showed that the judge's decision still focused on punishment for the perpetrator, without considering the victim's right to compensation either through restitution or compensation. Decisions tend to only follow the provisions of the written law without including aspects of recovery for victims in the criminal justice system in Indonesia..
Understanding Fencing Offenses in Indonesia: Between Legal Sanctions and Criminological Prevention Pandapotan Damanik; Elpina; Van Lodewijk Purba; Zepa Frado Alexander Sinaga
KOLABORASI: Journal of Multidisciplinary Vol. 2 No. 2 (2025): July
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/na0vkt73

Abstract

Fencing, etymologically, derives from the word "tadah," which means a place to collect something, whereas in criminal law, fencing is defined as the act of receiving or collecting goods obtained from a crime with the intention of gaining profit, whether by purchasing, renting, exchanging, pawning, receiving as a gift, selling, leasing, storing, or concealing such goods, making the person who engages in these actions known as a fence or a receiver, which in the context of criminal law is a deliberate act committed by an individual or a group to gain benefit from items derived from crimes such as theft, fraud, or embezzlement, involving interaction not only with the victim but also with parties who assist or facilitate the crime, thus, this study aims to understand the crime of fencing from a criminological perspective, examine efforts to tackle this criminal act, and analyze the criminal liability imposed on the perpetrator, using a library research method for data collection, where the findings indicate that efforts to counter fencing crimes can be carried out through two means, namely penal and non-penal approaches, with the penal approach being legal actions taken through judicial channels, while the non-penal approach focuses on social strategies to mitigate the causes of crime, meanwhile, the criminal liability of fencing perpetrators is regulated under Article 480 of the Indonesian Criminal Code (KUHP), which imposes a maximum imprisonment of four years or a fine of up to nine hundred rupiahs on anyone who buys, rents, exchanges, pawns, receives as a gift, profits from, sells, leases, stores, or conceals goods that are known or reasonably suspected to have been obtained from a crime, as well as on anyone who benefits from goods known or reasonably suspected to have been acquired through criminal means.
Co-Authors Akmal, Atika Ulya Dony Sipayung, Parlin Kenedi, Ary Kiswanto Kevin Endilosa Barus Ladiva, Hasmai Bungsu Lodewijk Purba, Van Novelina Mutiara Pandapotan Damanik QOLBI, NURUL Rafhi Febryan Putera Sarles Gultom Van Lodewijk Purba Yesi Anita Zepa Frado Alexander Sinaga