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PERTANGGUNGJAWABAN PIDANA DALAM TINDAK PIDANA KEKERASAN SEKSUAL TINJAUAN YURIDIS ATAS IMPLEMENTASI UU TPKS DAN KUHP NASIONAL Rahmat Wijaya; Siti Humulhaer; Agus Alqodri; Gunarto Wardono; Raliyanto Budi Wikarno
Berajah Journal Vol. 6 No. 1 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i1.86

Abstract

Sexual violence constitutes a fundamental crime against humanity that requires a comprehensive legal response grounded in a victim-centered perspective. This paper analyzes the construction of criminal liability in cases of sexual violence following the enactment of Law Number 12 of 2022 on Sexual Violence Crimes and the Indonesian National Criminal Code (KUHP). This research employs a normative juridical method using statutory, conceptual, and case approaches. The analysis shows that the Sexual Violence Law functions as lex specialis regulating sexual violence offenses comprehensively, while the National Criminal Code provides a general legal framework with a progressive expansion of the definition of rape under Article 473. The concept of criminal liability has evolved from a paradigm centered on physical violence toward one emphasizing violations of bodily autonomy and consent. However, its implementation faces challenges, including cross-sectoral coordination, limited institutional capacity of law enforcement officials, and persistent social stigma. This paper recommends strengthening victim assistance systems, enhancing forensic capacity, and harmonizing legal regulations in order to achieve restorative justice.
The Effectiveness of Financial Services Authority Supervision of Leasing Companies from the Perspective of State Administrative Law Gunarto Wardono; Mustofa Kamil; Rahmat Wijaya; Juhana Nuryana; Raliyanto Budi Wikarno; Hikmat Ansori
International Journal of Business and Quality Research Vol. 4 No. 02 (2026): April-June, International Journal of Business and Quality Research (IJBQR)
Publisher : Citakonsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijbqr.v4i02.3535

Abstract

This study evaluates the effectiveness of the Financial Services Authority (OJK) in supervising leasing companies and identifies systemic challenges in consumer protection from an Administrative Law perspective. Employing a normative legal methodology with a contextual approach, the research analyzes primary regulations, including the OJK Law, Consumer Protection Law, Fiduciary Guarantee Law, and relevant Constitutional Court rulings, alongside documented field practices. Findings reveal a persistent implementation gap between formal regulatory mandates and practical enforcement. Despite measurable declines in consumer complaints, aggressive debt collection, unilateral fiduciary executions, and opaque contractual practices remain prevalent. From an administrative law standpoint, these shortcomings reflect vulnerabilities in applying legitimacy, proportionality, and accountability principles, compounded by regulatory fragmentation, limited institutional capacity, and weak inter-agency coordination. The study concludes that OJK’s supervisory framework requires structural reform to transition from compliance-based monitoring to outcome-oriented governance. Recommendations include harmonizing overlapping regulations, establishing joint enforcement task forces, integrating data-driven monitoring systems, and implementing sustained consumer literacy initiatives. Ultimately, aligning financial supervision with foundational administrative law tenets is essential to strengthen institutional credibility, ensure equitable consumer protection, and foster a resilient leasing sector in Indonesia.