LEX PROGRESSIUM : Jurnal Kajian Hukum Dan Perkembangan Hukum

ANALISIS HUKUM TINDAK PIDANA PENIPUAN BERKEDOK KERJA SAMA INVESTASI (Studi Putusan Nomor 365/Pid.B/2022/PN.JKT.UTR)

Yudho Triawan, Bambang Widarto — Sat, 01 Feb 2025 00:00:00 +0000

The crime of fraud is closely related to the crime of embezzlement, although there are almost similarities between embezzlement and fraud, there are still differences between the two crimes. The problem formulation is 1) What is the form of legal regulation regarding criminal acts of fraud under the guise of investment cooperation? And 2) What is the analysis of the case of fraud under the guise of investment cooperation in PN Decision No. 365/Pid.B/2022/PN.Jkt.Utr? The aim of this research is to determine the regulation of the crime of narcotics, tobacco-synthesis by children in criminal law in Indonesia. This research method uses normative research, namely research carried out by analyzing written laws from library materials or secondary data. The results of this research concluded that the form of legal regulation of criminal acts of fraud under the guise of investment cooperation has been regulated through various laws and regulations, which include preventive and repressive aspects. However, effective law enforcement, increasing public awareness, and adapting to technological developments remain challenges. Analysis of the case of fraud under the guise of investment cooperation in District Court Decision No. 365/Pid.B/2022/PN.Jkt.Utr in which the Defendant AI NIE was found guilty as stated in Article 378 of the Criminal Code in conjunction with Article 55 paragraph (1) 1st of the Criminal Code. The Panel of Judges sentenced the Defendant to prison for 1 (one) year and 2 (two) months. One effort to achieve judicial legal certainty, where judges are law enforcement officers, through their decisions can be a benchmark for achieving legal certainty in deciding a criminal case, especially the crime of fraud under the pretext of investment cooperation.

TINJAUAN HUKUM PENERAPAN KEBIJAKAN BEBAS NARKOBA DI LINGKUNGAN BAHARI TANJUNG PRIOK BERDASARKAN UNDANG - UNDANG NO. 35 TAHUN 2009 TENTANG NARKOTIKA DAN PERATURAN PERUNDANGAN PELAKSANAANNYA

Tanisa Maulidia, Bambang Widarto — Sat, 01 Feb 2025 00:00:00 +0000

This study examines the legal review of the implementation of the drug-free policy in the Bahari Tanjung Priok area based on Law No. 35 of 2009 on Narcotics and its implementing regulations. The research method used is normative juridical with empirical support, analyzing legal regulations and policy implementation in the field. The findings indicate that although Law No. 35 of 2009 regulates the prevention, eradication, and rehabilitation of drug abuse, its implementation in Bahari Tanjung Priok still faces various challenges. The main obstacles to the effectiveness of this policy include weak inter-agency coordination, limited resources, low community participation, and inadequate facilities for combating drug abuse. Additionally, fear among the community to report drug-related cases due to threats from trafficking networks further exacerbates the situation. In conclusion, although legal regulations comprehensively govern the drug-free policy, its implementation at the local level still encounters significant obstacles. Therefore, strengthening regulations, increasing public awareness, and optimizing facilities and resources are necessary to enhance the effectiveness of this policy in Bahari Tanjung Priok.

TINJAUAN YURIDIS OTENTIFIKASI ALAT BUKTI ELEKTRONIK DI PERSIDANGAN DITINJAU DARI UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK (STUDI PUTUSAN NOMOR 1061/Pid.Sus/2023/

Yossi Febriani Tobing, Diding Rahmat — Sat, 01 Feb 2025 00:00:00 +0000

The general criminal procedure code does not recognize electronic evidence as valid evidence. In court, electronic evidence is a valid means of evidence to prove cyber crimes. The Criminal Procedure Code does not legally include electronic evidence, so it appears imperfect and incomplete. At the time of proof, the criminal procedural code did not yet recognize cyber technology crimes. So it was unthinkable that electronic evidence could be used as evidence could be used as evidence for valid proof in criminal acts in court. To deal with incompleteness and imperfection, legal science provides a method of legal discovery, namely the process of forming law by judges or other legal officers who are given the law through interpretation, including language, historical interpretation of laws, systematic interpretation, social interpretation, cooperative interpretation, futuristic interpretation, restrictive interpretation, extensive interpretation, authentic interpretation, interdisciplinary interpretation, multidisciplinary interpretation. Criminal law is not permitted to interpret new legal discoveries, because strict interpretation is to maintain legal certainty in the principle og legality. However, both principles cannot be set aside. Incomplete criminal procedural law books can be set aside in order to achieve the material objectives of criminal procedural law. The nature of the Indonesia Legal system is open.

PENERAPAN PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA CARDING PERSPEKTIF HUKUM PIDANA DI INDONESIA (STUDI KASUS PUTUSAN NOMOR 845/PID.SUS/2020/PT SBY)

Sugihartono, Bambang Widarto — Sat, 01 Feb 2025 00:00:00 +0000

This research aims to analyze the implementation of punishment for perpetrators of carding crimes from the perspective of criminal law in Indonesia, with a case study of decision Number 845/Pid.Sus/2020/PT SBY. Carding is a criminal offense that involves the illegal use of credit card data for financial gain. Even though it has developed rapidly in cyberspace, the implementation of sanctions against carding perpetrators in Indonesia still faces various challenges. This research method is a qualitative analysis of relevant court decisions, as well as a review of literature regarding criminal law and related regulations. The findings of this research indicate that law enforcement against carding perpetrators is still hampered by limitations in existing laws and a lack of legal awareness regarding this type of criminal act. In case Number 845/Pid.Sus/2020/PT SBY, the court decided on a sentence that reflected efforts to overcome the financial and psychological impact of this criminal act, but there were still several discrepancies between the sanctions imposed and the losses experienced by the victim. This research concludes that shopping using someone else's credit card number and identity obtained illegally (carding) is a criminal act of theft within the framework of Article 362 of the Criminal Code and Article 363 of the Criminal Code as well as a criminal act of fraud under Article 378 of the Criminal Code, however, because this theft uses electronic media, the application is using Article 48 paragraph (2) in conjunction with Article 32 paragraph (2) Law Number 19 of 2016 concerning amendments to Law Number 11 concerning Electronic Information and Transactions. The judge's considerations in decision number 845/pid.sus/2020/pt sby stated that the elements of a criminal act as intended in article 48 paragraph (2) in conjunction with article 32 paragraph (2) of Law Number 19 of 2016 concerning Amendments regarding Law Number 11 of 2008 concerning Electronic Information and Transactions is appropriate and correct.

TINJAUAN KRIMINOLOGI TERHADAP PELAKSANAAN PEMBINAAN RESIDIVIS DI RUTAN KELAS 1 CIPINANG BERDASARKAN UU NO. 22 TAHUN 2022 PERIODE 1 JANUARI 2023 - 31 DESEMBER 2023

Wahyu Sulistiyo Wibowo, Nurlely Darwis — Sat, 01 Feb 2025 00:00:00 +0000

At the Cipinang Class I State Detention Center, in carrying out training for prisoners, especially recidivist ones, that is by using the same method as non-recidivist prisoners, but with more emphasis on guidance and supervision in order to achieve the targets set, namely so that they become good citizens in Later, the implementation and obstacles to recidivist development from a criminological point of view in the Cipinang Class 1 Detention Center based on Law No. 22 of 2022 Period 1 January 2023 – 31 December 2023. The data analysis method used is a qualitative analysis method, namely by exploring and comparing the implementation of statutory regulations in practice. The results of this research are that the practice of developing recidivist prisoners at the Class I Cipinang State Detention Center is carried out in the same way as non-recidivist prisoners, but with greater emphasis on the level of discipline and supervision so that they are maximized, and achieve the expected goal, namely becoming a better person. after leaving prison and not repeating the crime. There are two forms of the coaching activity program at the Cipinan Class I State Detention Center, namely: personality development and independence building and that the obstacles encountered in the implementation of the prisoner development system are obstacles from officers or experts, obstacles from prisoners, the community, facilities and infrastructure. and administrative obstacles.

PERTANGGUNGJAWABAN HUKUM PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG MELALUI MEDIA ELEKTRONIK BERDASARKAN UNDANG-UNDANG NO 21 TAHUN 2007 TENTANG PEMBERANTASAN TINDAK PIDANA PERDAGANGAN ORANG

Varabella Pravangastha Lara Prameswari, Sujono — Sat, 01 Feb 2025 00:00:00 +0000

This study aims to analyze the criminal liability of perpetrators involved in human trafficking through electronic media, based on Law No. 21 of 2007 on the Eradication of Human Trafficking. The method used is normative juridical research with an approach based on relevant laws and regulations. The findings show that perpetrators can be held criminally liable under two offenses: the offense of human trafficking in accordance with the Anti-Trafficking Law and the offense of misuse of information technology based on the ITE Law. The penalties for these offenses include a maximum prison sentence of 15 years and a fine of up to IDR 600,000,000 for human trafficking, and a maximum prison sentence of 6 years and a fine of up to IDR 1,000,000,000 for the misuse of information technology. These penalties aim to provide a deterrent effect and raise public awareness of the severity of this crime. Law enforcement against human trafficking via social media faces several challenges, including organized crime, the victims' and society's fear of reporting, and weak inter-agency coordination. Therefore, a more comprehensive and integrated effort involving the government, law enforcement agencies, and the public is required to effectively combat this crime.

PERAN DEWAN PERWAKILAN RAKYAT DAERAH DALAM MELAKSANAKAN FUNGSI PENGAWASAN TERHADAP PEMBANGUNAN DALAM RANGKA PENCEGAHAN TINDAK PIDANA KORUPSI DI PROVINSI DKI JAKARTA (PERIODE JUNI 2023 - JUNI 2024)

Yulianus Naikteas, Sujono — Sat, 01 Feb 2025 00:00:00 +0000

Supervision can be defined as a process to ensure that organizational and management objectives are achieved. This is related to the ways of making activities as planned. Robert J. Mockler stated that management supervision is a systematic effort to set implementation standards with planning objectives, design feedback information systems, compare actual activities with previously established standards, determine and measure deviations, and take corrective action as needed to ensure that all company resources are used in the most effective and efficient way in achieving company objectives. In relation to this, the purpose of supervision is to know and understand the actual reality about the implementation of work or activities that are the object of supervision, whether they are in accordance with what they should be or not, as material for making improvements in the future.

TINJAUAN PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (STUDI KASUS : PUTUSAN PENGADILAN NEGERI JAKARTA UTARA NOMOR 156/PID.B/2019/PN.JKT.UTR)

Thio Febrianto, Bambang Widarto — Sat, 01 Feb 2025 00:00:00 +0000

This study evaluates law enforcement against violent theft in Indonesia, focusing on the North Jakarta District Court Decision Number 156/Pid.B/2019/Pn.Jkt.Utr as a case study. Violent theft is a serious crime that threatens public security. This study examines the factors that influence law enforcement in this case, including the legal process from investigation to court decision. The research method used is legal document analysis by examining court decisions and other related documents. The results of the study indicate that law enforcement against violent theft in Indonesia still faces various challenges, including obstacles in investigation, evidence collection, and legal certainty in the trial process. The North Jakarta District Court Decision Number 156/Pid.B/2019/Pn.Jkt.Utr is an example of how these factors influence the final outcome of the trial process in a violent theft case. This study provides insight into the importance of increasing the effectiveness of law enforcement in dealing with serious crimes such as violent theft, as well as its implications for security and justice in society.

PERTANGGUNGJAWABAN PIDANA ANAK SEBAGAI PELAKU TINDAK PIDANA PEMBUNUHAN DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

Yudha Mahendra, Bambang Widarto — Sat, 01 Feb 2025 00:00:00 +0000

Talking about children is very important because children are the potential fate of humans in the future, they are the ones who play a role in determining the history of the nation as well as a mirror of the attitude of the nation's life in the future. Children who violate the norms of society and commit criminal offenses are commonly referred to as 'delinquent children'. However, in Law No. 11/2012 on the Juvenile Justice System which replaces Law No. 3/1997 on Juvenile Courts, the term 'delinquent child' is replaced with the term 'child in conflict with the law'. Where in Chapter I Article 1 point 2 it is said that: “Children in conflict with the law are children in conflict with the law, children who are victims of criminal acts and children who are witnesses to criminal acts”. Furthermore, in point 3 it is stated that: “Children in conflict with the law, hereinafter referred to as 'Children', are children who are 12 (twelve) years old, but not yet 18 (eighteen) years old, who are suspected of committing a criminal offense”. For children as mentioned in point 3, punishment or sanctions in the form of action or punishment can be imposed if proven to have violated the criminal law. In Chapter V Article 69 of this Law it is emphasized that children in conflict with the law can be sentenced to punishment and action.

PENERAPAN PERLINDUNGAN HAK ASASI MANUSIA BAGI PRAJURIT TENTARA NASIONAL INDONESIA YANG MELAKSANAKAN TUGAS OPERASI DI WILAYAH PAPUA MENYANGKUT KEPASTIAN HUKUM TERHADAP PRAJURIT TENTARA NASIONAL INDONESIA

Syahban Tanjung, Sudarto — Sat, 01 Feb 2025 00:00:00 +0000

This study examines the implementation of human rights (HAM) protection for Indonesian National Armed Forces (TNI) soldiers assigned to operations in the Papua region, focusing on legal certainty that safeguards them. The research employs a normative juridical approach supported by empirical studies. The findings indicate that as a rule-of-law state, all actions taken by the TNI must comply with applicable regulations. TNI soldiers are equipped with an understanding of human rights, including prohibitions against unlawful actions. However, in carrying out their duties in Papua, the TNI faces challenges in applying human rights protection due to the absence of clear legal regulations governing actions against armed separatist groups. This legal uncertainty makes TNI personnel vulnerable to accusations of human rights violations, even when their actions are in self-defense and aimed at protecting civilians. Therefore, regulations that provide legal certainty for the TNI in operational areas are necessary, ensuring that they can fulfill their national duty without fear of criminalization. Clear legal certainty will strengthen the TNI's legal position in safeguarding national sovereignty while ensuring that their operations remain aligned with human rights principles.

TINJAUAN YURIDIS ATAS TERJADINYA KEADAAN OVER KAPASITAS DI RUMAH TAHANAN NEGARA KELAS 1 CIPINANG BERDASARKAN UU NO. 22 TAHUN 2022 TENTANG PEMASYARAKATAN

Wais Alkhorni, Nurlely Darwis — Sat, 01 Feb 2025 00:00:00 +0000

Overcapacity causes problems within the detention center itself, such as decreasing the level of supervision and security that occurs within the detention center. So the initial purpose of the detention center was as a place to foster prisoners, but instead it gave rise to new levels of crime in the detention center. The level of crime that can occur in detention centers, including acts of abuse between prisoners, drug trafficking in detention centers and other crimes, in the problem formulation of this thesis is overcoming the situation of over capacity in the Cipinang Class 1 state detention center based on Law no. 22 of 2022 concerning Corrections and Juridical and Sociological obstacles in overcoming the situation of Overcapacity in the Cipinang Class 1 State Detention Center based on Law no. 22 of 2022 concerning Corrections. The data analysis method used is a qualitative analysis method, namely by exploring and comparing the implementation of laws and regulations in practice. The results of this research are the provision of remission, assimilation, conditional leave, leave to visit family, leave for freedom, and rehabilitation, through the application of the concepts of Restorative Justice and Penal Mediation. Restorative Justice provides an opportunity for the community and law enforcement officials to find the best solution and sanctions that will be given to the perpetrator without having to imprison the perpetrator, because this system applies so that the perpetrator compensates for the losses suffered by the victim. Another effort is through penal mediation, by bringing victims and perpetrators together. Obstacles that arise in efforts to overcome overcapacity at the Cipinang Class I State Detention Center originate from internal factors including the low quality of human resources, limited infrastructure which is not commensurate with the number Correctional Inmates in the Cipinang Class I State Detention Center.

PERAN WALI PEMASYARAKATAN DALAM PEMBINAAN DAN PEMENUHAN HAK WARGA BINAAN DI LEMBAGA PEMASYARAKATAN (Studi Kasus Lapas Perempuan Kelas IIA Jakarta Periode 2022-2024)

Veronica Novalia Silaban, Indah Sari — Sat, 01 Feb 2025 00:00:00 +0000

This research focuses on the role of prison guardians in the rehabilitation and fulfillment of inmates' rights in Class IIA Women's Prison in Jakarta during the period 2022-2024. The main objective is to identify the challenges faced in their duties and evaluate efforts made to improve the rehabilitation conditions in correctional institutions. The research methodology involves secondary data analysis from official reports, policies, and related literature. The study findings indicate that limited resources, including insufficient personnel and inadequate infrastructure, are the primary challenges affecting the effectiveness of prison guardians. Additionally, overcrowding impacts their ability to provide intensive rehabilitation and fulfill basic rights such as access to healthcare and education for inmates. Recommendations include enhancing training and professional development for prison guardians and ensuring consistency in policy implementation to improve their performance in these crucial roles. This study provides deep insights into the dynamics of the role of prison guardians within the context of Class IIA Women's Prison in Jakarta, aiming to contribute positively to policy discussions and correctional practices in the future.

PENERAPAN HAK ANAK BAWAAN WARGA BINAAN PEREMPUAN PADA LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS IIA JAKARTA (Periode 1 Januari 2024 s/d 30 Juni 2024)

Yuni Irayati, Subhan Zein Sgn — Sat, 01 Feb 2025 00:00:00 +0000

This study aims to examine the implementation of the rights of innate children of female inmates at the Class IIA Jakarta Women's Correctional Institution during the period of January 1, 2024 to June 30, 2024. The main focus of this study is to evaluate the extent to which these innate children's rights are implemented and carried out in accordance with the provisions of the laws and regulations in force in Indonesia. The method used is a case study by collecting data through direct observation, interviews with prison officers, and analysis of related documents. In this study, the Class IIA Jakarta Women's Correctional Institution continues to optimize the provision of inmate rights, especially the fulfillment of rights for Innate Children in the Class IIA Jakarta Women's Correctional Institution, although there are still obstacles faced. The results of this study are expected to provide a clear picture of the conditions of the implementation of innate children's rights at the Class IIA Jakarta Women's Correctional Institution and the challenges faced in realizing their rights. The findings of this study are expected to provide recommendations or suggestions for improvement in efforts to improve the protection and fulfillment of innate children's rights in correctional institutions, so that they can make a positive contribution to law enforcement and correctional policies in Indonesia.

PERAN DIGITAL FORENSIK DALAM PENEGAKAN HUKUM TERHADAP KEJAHATAN KONVENSIONAL

Tri Yoga Achmad Budianto, Sujono — Sat, 01 Feb 2025 00:00:00 +0000

The main challenge faced by law enforcement in Indonesia is the need for increased capacity in dealing with the misuse of electronic devices for conventional crimes. This includes the development of skills in digital forensics, increased cooperation between law enforcement agencies, and the formation of stricter regulations related to crimes in the digital realm. This study discusses the legal regulations in Indonesia regarding the use of digital forensics in law enforcement and the implications of legal evidence that arise in the use of digital forensics in law enforcement against conventional crimes. This study is normative juridical. It can be concluded that the regulation (legality) of electronic evidence has been legally clarified in Chapter III concerning Information, Documents, and Electronic Signatures in Articles 5, Article 6, and through reaffirmation in Article 44 of Law Number 28 of 2011 concerning Information and Electronic Transactions. This electronic evidence is very much needed in the Criminal Justice System in order to pass judgment on defendants who are tried in cases of technological crimes by making electronic evidence as valid evidence in criminal trials. Digital forensics in a crime helps to prove a conventional crime case digitally. In accordance with Article 5 paragraph (1) of the Republic of Indonesia Law Number 11 of 2008 Law No. 19 of 2016 concerning Electronic Information and Transactions, electronic information and/or electronic documents and/or printouts are valid legal evidence.