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Journal : eScience Humanity Journal

Penerapan Mediasi Penal Sebagai Penyelesaian Perkara Kekerasan dalam Rumah Tangga (Perspektif Restorative Justice) Sonia, Citra; Prakasa, Ragil Surya
eScience Humanity Journal Vol 4 No 2 (2024): eScience Humanity Journal Volume 4 Number 2 May 2024
Publisher : Asosiasi Ide Bahasa Kepri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37296/esci.v4i2.94

Abstract

Domestic Violence (KDRT) is still a problem that must be addressed by the Indonesian government, recorded according to the National Commission on Women in 2022 an increase of 18,261 cases, even though law enforcement officials have implemented the Republic of Indonesia Police Regulation Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice. And the institution of the Prosecutor's Office, through the Regulation of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Restorative Justice Prosecution. So it is necessary to analyze the urgency of restorative justice through penal mediation as a settlement of domestic violence cases in the perspective of restorative justice. This research uses a normative juridical method with a statutory approach. The results of the research are the procedures for implementing restorative justice through penal mediation in domestic violence cases carried out with the stages of the police report or complaint process by victims of domestic violence, finding post mortem evidence if physical violence has occurred, a statement of peace, a mutual agreement, and evidence of victim recovery. Meanwhile, in the scope of the prosecutor's office, the stages of the process of peaceful efforts, mutual agreement, fulfillment of justice, and issuance of a letter of termination of prosecution are carried out, and if the agreement is not fulfilled, the court process continues, and penal mediation is very important in domestic violence cases, because Law Number 23 of 2004 concerning the Elimination of Domestic Violence does not provide special rules for restorative justice, so that the rights of children affected by domestic violence cannot be fulfilled. Therefore, it is important to implement Police and Prosecutor's Office Regulations on handling criminal offenses based on restorative justice to create a win-win solution and fulfill justice for the dignity of each party involved.
Pertanggung Jawaban Pidana Korporasi Terhadap Pemberantasan Tindak Pidana Korupsi Prakasa, Ragil surya; Husein, Husein; Delvia, Delvia; Salsabila, Qhas Karina; Alif, Rahmat Syauqi
eScience Humanity Journal Vol 4 No 2 (2024): eScience Humanity Journal Volume 4 Number 2 May 2024
Publisher : Asosiasi Ide Bahasa Kepri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37296/esci.v4i2.150

Abstract

The development of science and technology and the current unstoppable stream of globalization not only has a positive but also often has a negative impact,for example by the existence of “Crime globalization” and the development of quality (modus operandi) and quantity of criminal acts by corporation.The Problem in this article is How the accountability of corporate criminal law is in theeffort to tackle corruption in the future.The research method used in this article is normative juridical.The result of the study concluded that in the corporate criminal liability policy in the effort to tackle corporate crime in the effort to tackle corruption at the moment there are several weaknesses regarding when corporations commit criminal acts of corruption and criminal sanctions.Therefore for the future criminal responsibility policy of the corporation the explain the provisions and law enforcers can implement it.
Pertanggung Jawaban Pidana Korporasi Terhadap Tindak Pidana Usaha Penyediaan Listrik Tanpa Izin Prakasa, Ragil Surya; Azzahra, Dinda; Mutia, Putri; Fauzi, Gamawan; Olivia, Putri Yaldi; Putra, Rizki Eka
eScience Humanity Journal Vol 4 No 2 (2024): eScience Humanity Journal Volume 4 Number 2 May 2024
Publisher : Asosiasi Ide Bahasa Kepri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37296/esci.v4i2.152

Abstract

The Republic of Indonesia is a country that is actively developing in various sectors. Several forms and developments in various sectors can be seen now, such as the economic, technological and social sectors and so on. All business entities, both legal entities and non-legal entities, are called corporations. Corporations are subjects of criminal acts. Meanwhile, to be held criminally accountable, a physical form is required. Crimes committed by corporations are very detrimental to society and the state. This study uses a normative legal research type. The data obtained in this study were then analyzed qualitatively, the Descriptive Analysis Method is a research method. Based on the research results, the legal provisions for criminal acts of providing electricity without an operating permit according to Law 30 of 2009 concerning Electricity are regulated in Article 49 paragraph (2) which states that: "Any person who carries out the business of providing electricity without an operating permit as referred to in Article 22 shall be punished with a maximum imprisonment of 5 years and a maximum fine of IDR 4,000,000,000 (four billion rupiah)".