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All Journal Awang Long Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum
Muhadar, Nemos
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Law, Crime, Criminology & Criminal Justice

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VICTIMLESS CRIMINAL ARRANGEMENTS: A REVIEW OF MORALITY CRIMES Muhadar, Nemos
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3680

Abstract

Criminal law without victims is a legal concept that focuses on the restoration of social harm and the protection of societal values, rather than solely addressing individual harm. Acts of indecency involve behaviors that violate social norms without directly affecting physical or economic victims. The regulation of victimless crimes in the context of decency laws is relevant to changes in societal behavior and modern technology, but it also raises questions about the balance between protecting societal values and individual freedoms. This research aims to evaluate the regulation of victimless crimes in the context of decency laws in Indonesia and analyze the impact of implementing these regulations on modern society. The study employs normative research methods to analyze the relevant legal regulations concerning victimless crimes in the context of decency. Data will be collected through literature reviews, including online and printed legal sources, with the goal of providing valuable recommendations for policymakers and legal practitioners addressing issues related to victimless crimes in decency. The research findings highlight that in Indonesia, the regulation of victimless crimes in the context of decency includes laws aimed at preserving the morality and decency of society as a whole without requiring individual victims who feel harmed. Examples of such laws include the Pornography Law, Gambling Regulation, and Child Protection Law. While these laws protect moral values, they can also pose threats to individual freedoms, necessitating ongoing evaluation to strike the right balance. The implementation of these regulations in modern society has complex impacts, including on individual human rights, legal effectiveness, social norms, culture, and government-citizen relations. Achieving a balance between safeguarding individual human rights and regulating behavior perceived as harmful to society is crucial in the development of modern society.
ELIMINATING DOMESTIC VIOLENCE FROM THE PERSPECTIVE OF THE PRINCIPLE OF BALANCE Muhadar, Nemos
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1815

Abstract

This dissertation is entitled "The Elimination of Domestic Violence According to the Perspective of the Principle of Balance." Domestic violence (KDRT) fundamentally violates the goals of marriage—to form a happy, perpetual, and harmonious family—and constitutes a gross violation of human rights. Despite the existence of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT), the prevalence and complexity of domestic violence cases continue to rise, urging a philosophical and doctrinal re-evaluation of the current legal framework. This study addresses two pivotal legal issues: (1) the underlying philosophy of eliminating domestic violence from the perspective of the Principle of Balance, and (2) the necessary reformulation of the arrangement for eliminating domestic violence based on this principle. The research method is normative legal research using conceptual, statutory, case, and comparative approaches. The current UU PKDRT criminal sanctions are limited to imprisonment and fines. This limitation results in an imbalance, particularly when a victim (eg, a wife) seeks both justice for the abuse and the preservation of her family unit, a core objective explicitly stated in the Law. This study concludes that the Principle of Balance, rooted in monodualistic justice and aligned with Restorative Justice, necessitates the accommodation of alternative criminal sanctions (such as supervision or social work) for certain types of domestic violence. This reformulation is essential for bridging the gap between retributive punishment and the ultimate goal of maintaining a harmonious and prosperous household (ius constituendum).
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