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Analytics

Muhammad Iqbal Noer Faizi; Rini Fathonah; Aisyah Muda Cemerlang

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze and find the inhibiting factors faced by North Lampung Police investigators in handling domestic violence (KDRT) cases. The research approaches used are normative juridical and empirical juridical The normative juridical approach is carried out by examining laws and regulations related to the handling of domestic violence, such as Law Number 23 of 2004 concerning the Elimination of Domestic Violence. Meanwhile, an empirical juridical approach is carried out through the collection of primary data from interviews with investigators, prosecutors, academics, and non-governmental organizations active in handling domestic violence. Secondary data is obtained from legal literature, official documents, and applicable regulations. The results of the study show that there are several significant obstacles in the process of investigating domestic violence cases. These obstacles include the lack of sensitivity of investigators to the psychological condition of the victim, social pressure and stigma towards the victim that makes reporting low, and limited public understanding of forms of domestic violence, especially non-physical ones such as psychological and economic violence. Internal obstacles also arise from the limitations of supporting facilities such as victim-friendly examination rooms, psychological assistants, and special training for investigators in handling gender-based cases. From the juridical side, the lack of a clear rule regarding the limits of penal mediation in domestic violence cases creates legal uncertainty and opens up space for perpetrators to escape criminal snares through peace that is often impure. In addition, the patriarchal culture that is still strong in society is a structural obstacle in the law enforcement process that favors victims, especially women. Therefore, it is necessary to increase the capacity of investigators through continuous training, the provision of victim-friendly support facilities, widespread legal socialization to the community, and the reformulation of legal policies that are more firm and in favor of victims. Thus, law enforcement of domestic violence cases can be carried out more effectively, fairly, and oriented towards the protection of human rights.

Riski Yunus; Roy Marthen Moonti; Nurmik K. Martam; Muslim A. Kasim

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

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.