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All Journal JURNAL MAHKAMAH KRTHA BHAYANGKARA
Gayatri, Nungky Dwi
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Law, Crime, Criminology & Criminal Justice

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The Deviation of Criminal Law Principles in Embezzlement of Joint Property Committed by Husband or Wife Supriadi, Moh; Husain, Natasya Auliya; Jasri Akadol, Nina Septiana; Gayatri, Nungky Dwi; Yuliana, Yuliana; Natalia, Kristiani
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5807

Abstract

This study aims to determine the deviation of criminal law principles in the embezzlement of joint assets committed by a husband or wife in marriage. Therefore, criminalization is an ideal policy formulation to overcome this deviation. This study uses normative legal research with a legislative approach that examines the Criminal Code, especially the crime of family embezzlement. In addition, a conceptual approach is also used to determine the deviation of criminal law principles so that efforts are obtained to overcome deviations from criminal law principles. This study concludes that there is a deviation of criminal law principles in the crime of embezzlement of joint assets committed by a husband or wife during marriage. This deviation is based on the inconsistency between the formulation of the crime which states that it cannot be prosecuted with the principle of criminal responsibility which regulates the reasons for eliminating the crime, namely the reason for forgiveness and the reason for justification. Furthermore, moral norms cannot prevent the prosecution of a criminal act, as long as there is a complaint from the victim as the concept of the complaint crime. Therefore, as a repressive effort in providing legal protection for victims, a formulation policy is needed by criminalizing embezzlement of joint assets committed by a husband or wife during marriage by eliminating the phrase " "it is impossible to hold criminal charges".
Criminological and Victimological Analysis of the Crime of Sextortion in Video Call Sex (VCS)In the Digital Age Gayatri, Nungky Dwi; Supriadi, Moh; Akadol, Nina Septiana Jasri; Mukti, Plasma Versiana; Yuliana; Natalia, Kristiani
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4047

Abstract

Sextortion (sexual extortion) is a crime that exploits the vulnerability of the victim through the threat of distributing material containing pornography, for certain purposes such as financial gain, sexual gratification, or even psychological domination. However, sometimes what was originally intended as a proof of trust often turns into a tool of blackmail when the relationship is in conflict. So that victims are usually forced to do things that the victim does not want, but the perpetrator wants. Along with the development of ITE and the increasing use of digital applications, the crime of Sextortion is increasingly massive in video call sex (VCS), where men who are educated, intellectual, and have prominent positions become objects of sexual extortion. This article critically examines the root causes of various factors behind the occurrence of sextortion crimes on social media platforms?; and what is a holistic approach to address the driving factors for the crime of sextortion? This type of research is empirical juridical, by examining the applicable positive legal norms and their implementation in community practice. Data is collected through document studies and in-depth interviews as the primary information collection techniques. This article emphasizes the importance of comprehensive victim protection through trauma recovery services, legal assistance, and public education about digital security. A multidisciplinary approach that is on the side of victims is a crucial step in building a criminal justice system that is responsive to sexual crimes in the digital age
Co-Authors Akadol, Nina Septiana Jasri Husain, Natasya Auliya Jasri Akadol, Nina Septiana Mukti, Plasma Versiana Natalia, Kristiani NIM. A1011141008, YULIANA Supriadi, Moh. Yuliana Yuliana