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All Journal Progressive Law Review Al-Zayn: Jurnal Ilmu Sosial & Hukum Jurnal Media Akademik (JMA) Jurnal Riset Multidisiplin Edukasi Nemui Nyimah
Firganefi
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Journal : Progressive Law Review

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APPLICATION OF CRIMINAL SANCTIONS AGAINST PERPETRATORS OF PSYCHOLOGICAL DOMESTIC VIOLENCE IN HOUSEHOLDS tri, yesi; Dona Raisa Monica; Firganefi
Progressive Law Review Vol. 6 No. 2 (2024): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v6i2.169

Abstract

Domestic Violence is a complex issue influenced by various factors, including a lack of awareness and understanding of psychological violence as a legal violation. Although Law Number 23 of 2004 on the Elimination of Domestic Violence (PKDRT) regulates forms of violence such as physical, psychological, sexual, and economic neglect, its enforcement still faces numerous challenges. Criminal sanctions against perpetrators of psychological violence, such as imprisonment or fines, often fail to provide a sufficient deterrent effect due to multiple inhibiting factors. This study employs a normative juridical method with a literature review approach to understand the application of criminal sanctions against perpetrators of domestic violence. The results indicate that the main challenges in law enforcement include weak legislation, limited understanding among law enforcement officers, inadequate support facilities, and low public awareness of victims rights. Additionally, patriarchal cultural factors, social stigma, and the perception that domestic violence is a private matter exacerbate the situation. The lack of public education on victims' rights and legal procedures further complicates the law enforcement process. Data show that psychological violence is one of the most frequently reported forms of domestic violence, yet its handling remains suboptimal. Legal reform, improved capacity of law enforcement, and better support services for victims are crucial to ensuring effective protection and recovery. Furthermore, public education and changing mindsets, along with addressing gender-biased cultural norms, are essential to overcoming domestic violence issues.
CRIMINAL LIABILITY FOR FRAUDULENT PRACTICES IN THE SELECTION EXAMINATION FOR CIVIL SERVICE CANDIDATES (CASN) Syahrani, Dhiva; Deni Achmad; Firganefi; Tri Andrisman
Progressive Law Review Vol. 7 No. 1 (2025): APRIL 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i1.293

Abstract

Cheating on the Civil Service Candidate (CASN) test is an unlawful act committed by an individual or group of individuals that can damage the integrity of the civil service selection process. This act is carried out by manipulating electronic documents in the Civil Service Candidate selection test to make it appear as if the applicant's data is authentic in order to take the test (CASN). Perpetrators may be held criminally liable, either individually or jointly, according to their role in the crime. Therefore, what form of criminal liability does cheating on the Civil Service Candidate (CASN) selection test take. This study uses a normative legal approach supported by empirical legal evidence using the applicable laws and regulations as well as literature studies and interviews with sources in this study consisting of judges at the Tanjung Karang District Court and lecturers from the Criminal Law Department of the Faculty of Law at the University of Lampung. Descriptive qualitative data analysis The results of the research and discussion show that the defendant's criminal liability for manipulating personal data in the Civil Service Candidate Selection System (SSCASN) based on Decision Number 510/Pid.Sus/2024/PN TJK is based on two main elements, namely unlawful acts and intentional mistakes. The defendant was proven legally and convincingly to have falsified the identity photos on the ID cards of selection participants for personal gain as a proxy in the CPNS test, thereby fulfilling the elements of Article 35 in conjunction with Article 51 Paragraph (1) of the ITE Law. The Panel of Judges found no justifiable or exculpatory reasons that would eliminate criminal liability and assessed that the defendant was capable of being held responsible, thus declaring him guilty and imposing a criminal penalty.
Co-Authors Agri Natasia Br Perangin-Angin Aisyah Muda Cemerlang Andrisman, Tri Arif Rahmanto Aulia, Nadia Artha Azmi Akmalia Syifa Budi Rizki Husin Deni Achmad Dona Raisa Monica Eko Raharjo Emilia Susanti Erna Dewi Ferni Kriswidiana Fristia Berdian Tamza Hanna Heni Siswanto Mamanda Syahputra Ginting Maya Shafira Muhammad Farid Refi Meidiantama Rini Fathonan Shabina Al Fitri Syahrani, Dhiva Tamza, Fristia Berdian Taufik Sepdi Ariananda Tiara Putri Aliba Tri Andrisman tri, yesi