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Analisis Penegakan Hukum Pidana terhadap Kejahatan Korporasi Riski Yunus; Roy Marthen Moonti; Nurmik K. Martam; Muslim A. Kasim
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 3 (2025): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i3.660

Abstract

Corporate crime within PT Permodalan Nasional Madani (PNM) Palu Branch reflects the vulnerability of state-owned financial institutions to practices of abuse of authority and violation of the law by internal elements. This case caused state losses and damaged public trust. This research aims to analyze the criminal sanctions and obstacles faced by law enforcement officials in cracking down on corporate crime, as well as formulating solutions for handling it. This research uses a normative juridical approach with the support of empirical data from cases in the Palu District Attorney's Office. The results show that criminal sanctions against individual perpetrators have been applied, but have not yet touched on aspects of institutional corporate responsibility. The main obstacles in law enforcement include limited evidence, the complexity of the organizational structure, the apparatus' lack of understanding of corporate law, and external pressures that interfere with the independence of the investigation. Suggestions include the need to increase the capacity of investigators in forensic audit and corporate law, strengthening the internal monitoring and whistleblowing system at PNM, and collaboration between law enforcement agencies. Thus, law enforcement against corporate crime can be carried out more effectively, fairly, and able to prevent the recurrence of similar crimes in the future.
Juridical Analysis of Witness Testimony De Auditu in the Case of Sexual Abuse of Minors Moh. Eka Valen Arman; Yusrianto Kadir; Roy Marthen Moonti; Muslim A. Kasim
International Journal of Sociology and Law Vol. 2 No. 1 (2025): International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i1.311

Abstract

This study aims to juridically analyse the use of testimonial witness testimony de auditu in cases of sexual abuse of minors with a case study of case number 26/Pid. Sus/2024/PN Lbo. In the context of criminal law, testimonial witness testimony de auditu refers to a statement submitted by a witness regarding what he heard from another party, which cannot be used as direct valid evidence, but can provide relevant clues. This research examines the admissibility and influence of such testimony on evidence in cases of child sexual abuse, as well as its relevance in the Indonesian criminal justice system. The method used is Empirical approach by analysing legal practices, as well as related court decisions. The results showed that de auditu testimony has limitations in terms of evidentiary power, its use in cases of child sexual abuse, de auditu witness testimony should be accepted, but must be supplemented with additional evidence such as medical examinations, digital evidence, or witnesses who can confirm the event. Judges should prioritise the principles of caution, objectivity and fairness in evaluating such testimony, to ensure that the decision made is not only fair to the victim but also to the defendant.
Analisis Restorative Justice dalam Penelantaran Anak Pasca Cerai di Kabupaten Gorontalo Windy Olivia Dawa; Roy Marthen Moonti; Ibrahim Ahmad; Muslim A. Kasim
Perspektif Administrasi Publik dan hukum Vol. 2 No. 1 (2025): Januari : Perspektif Administrasi Publik dan hukum
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/perspektif.v2i1.137

Abstract

This study aims to analyze the application of restorative justice in handling cases of child neglect after divorce in Gorontalo Regency. The main focus of this study is to ensure the fulfillment of children's rights, reduce parental conflict, and minimize negative impacts on children. The formulation of the problem in this study includes: how to apply restorative justice in cases of child neglect after divorce, and how to be held accountable for criminal acts of child neglect after divorce. By using the juridical-empirical method and descriptive-analytical approach, this study uses data from literature studies such as journals, legal documents, laws and regulations. As well as qualitative data analysis from the BPS of Gorontalo Regency. The results of the study indicate that restorative justice is effective in creating humane solutions through constructive dialogue that ensures that children's custody, livelihood, and emotional needs are met.