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The Liability of Criminal Law for Perpetrators of Goods Embezzlement Andri Winjaya Laksana; Akhmad Ikraam; Anila Robbani
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.50

Abstract

The crime of embezzlement has become one of the causes of violations of social rights and the erosion of social values in community life. However, is it already optimal in its law enforcement, especially in the criminal accountability that should be imposed on the perpetrators of embezzlement? This research aims first to understand the regulation of criminal liability for embezzlement offenders and second, to examine the challenges that constitute weaknesses in the criminal liability itself, which result in the persistence of such crimes, and the efforts to address them. This research method uses normative legal research. This research method uses legislative techniques related to the review of all relevant legal guidelines and policies. This approach is used to understand the regulations on criminal liability for perpetrators of embezzlement. In addition, this research also uses a conceptual and case-based approach. The results of this research are, first, that criminal liability for the perpetrator of embezzlement is based on three main elements: the defendant's ability to account for their actions, the presence of an element of fault, and the absence of exculpatory or justificatory reasons. These elements serve as a guide for judges in determining criminal sanctions. Second, in the enforcement of criminal accountability, there are three main hindering factors: the substance of the law, the structure of the law, and the facilities and infrastructure. To overcome these obstacles and minimize embezzlement crimes, efforts are needed through criminal law and preventive and repressive measures.
Vulnerability and Legal Protection of Indonesian Women Migrant Workers Kadir Jaelani, Abdul; Anila Robbani; Doniyorbek Baxtiyor Ugli Imomniyozov; Wan Mohd Khairul Firdaus Wan Khairuldin; Abdul Hanis Embong
Al-Ahwal: Jurnal Hukum Keluarga Islam Vol. 18 No. 2 (2025)
Publisher : Universitas Islam Negeri (UIN) Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ahwal.2025.18203

Abstract

International labor migration has become an important livelihood strategy for many Indonesians in response to limited domestic employment opportunities and persistent economic pressures. Nevertheless, Indonesian women migrant workers remain highly vulnerable to human rights violations, unsafe working conditions, and social insecurity, particularly in the domestic, construction, and manufacturing sectors. This study aims to examine the effectiveness of protection programs for Indonesian women migrant workers by drawing lessons from Southeast Asian experiences, with specific attention to socio-demographic characteristics, economic drivers, and placement channels that shape migration patterns. The research employs a qualitative normative and socio-legal approach, combining regulatory analysis, policy review, and secondary data from relevant institutional reports and academic literature. The findings indicate that low educational attainment, limited employment opportunities in regions of origin, and reliance on informal placement networks significantly increase workers’ exposure to exploitation and rights abuses. Government protection programs implemented at the pre-departure, placement, and post-return stages demonstrate substantial potential to reduce these risks when executed in a consistent and coordinated manner. Pre-departure training enhances legal awareness and work readiness, consular and protection services contribute to case handling in destination countries, and reintegration programs support social and economic recovery upon return. However, the overall effectiveness of these measures remains constrained by weak supervision of recruitment agencies, uneven training quality, and limited protection access for domestic workers. The study concludes that strengthening formal placement channels, improving migration literacy, and enforcing stricter oversight are essential to achieving safe, dignified, and sustainable labor migration for Indonesian women migrant workers.