MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi

PENERAPAN HUKUM TERHADAP ANGGOTA PERWIRA TINGGI POLRI YANG MELAKUKAN TINDAK PIDANA PEMBUNUHAN BERENCANA YANG BERDAMPAK PADA TINGKAT KEPERCAYAAN MASYARAKAT KEPADA INSTITUSI POLRI (STUDI KASUS PERKARA FERDY SAMBO PUTUSAN MAHKAMAH AGUNG NOMOR 813 K/PID/2023)

2024-12-16T14:11:01+00:00

This research examines the application of the law to criminal acts of premeditated murder involving high-ranking National Police officers with a case study of the Ferdy Sambo case based on Supreme Court Decision Number 813 K/Pid/2023. The focus of the research is directed at two main aspects: first, the legal mechanisms applied in handling criminal acts of premeditated murder involving high-ranking Polri officers; second, the effectiveness of imposing sanctions in increasing public trust in the image and reputation of the National Police. The research method used is normative juridical, with an analysis-based approach to statutory regulations, court decisions, legal doctrine and related literature. This research found that legal mechanisms have been implemented according to procedures, although they face challenges in ensuring transparency and accountability. Meanwhile, imposing sanctions on Ferdy Sambo is seen as a significant step in enforcing the law, but its impact on increasing public trust still requires further strengthening through institutional reform and improving the internal monitoring system.

PERTANGGUNGJAWABAN PIDANA PENYIMPAN VIDEO PORNO: ANTARA NORMA KESUSILAAN DAN HAK PRIVASI BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 44 TAHUN 2008 TENTANG PORNOGRAFI

2024-11-12T05:37:56+00:00

This study examines the criminal liability of pornographic video depositors in Indonesia, by considering aspects of decency norms and privacy rights based on Law Number 44/2008 on Pornography. This study uses normative legal research method with statutory and conceptual approaches. The results show that there is a tension between efforts to uphold the norms of decency through the criminalisation of ownership of pornographic material and the protection of individual privacy rights. The Pornography Law has not expressly regulated criminal liability for storing pornographic videos for personal consumption, creating legal ambiguity. This research recommends the need for revision of the law to provide legal clarity, taking into account the balance between public interest and privacy rights, and adopting a more proportional approach in determining criminal sanctions.

PENEGAKAN HUKUM TERHADAP PELAKU DAN KORBAN TINDAK PIDANA PHISING DI INDONESIA (STUDI KASUS PUTUSAN PENGADILAN NEGERI BANJARBARU NOMOR 85/PID.SUS/2022/PN BJB)

2024-11-02T13:22:23+00:00

Cybercrime nowadays involves obtaining personal identification data such as user IDs and passwords using phishing techniques. There is a distinction between theft in cyberspace, which generally begins with data theft. The stolen data is then used to commit actions that harm the victim. The issue is how phishing crimes are regulated in Indonesia and the legal enforcement against the perpetrators and victims of phishing crimes in the Banjarbaru District Court Decision No. 85/Pid.Sus/2022/PN Bjb. The purpose of this research is to understand the regulation of phishing crimes and the legal enforcement against the perpetrators and victims in the Banjarbaru District Court Decision No. 85/Pid.Sus/2022/PN Bjb. This research uses a normative method, which is conducted by analyzing written laws from literature or secondary data. The results of this study conclude that the regulation of phishing crimes refers to Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 on Electronic Information and Transactions. Law enforcement related to cybercrime is still relatively light and not proportional to the losses experienced by the victims. As in Decision No. 85/Pid.Sus/2022/PN Bjb, the defendant was sentenced to two years and six months in prison and fined Rp 500,000,000.00 (five hundred million rupiah). This is not in line with the provisions set out in Law No. 27 of 2022 on Personal Data Protection. The recommendation of this research is that the government and society should understand the importance of protecting personal data and properly implement Law No. 27 of 2022 on Personal Data Protection to guarantee privacy rights. The establishment of a special and independent authority to address personal data issues is also suggested.

PERTANGGUNGJAWABAN PIDANA PELAKU YANG TURUT SERTA (DEELNEMING) DALAM TINDAK PIDANA TERORISME (ANALISIS PUTUSAN NOMOR: 792/PID.SUS/2019/PN JKT.BRT)

2024-12-18T09:27:18+00:00

Terrorism is a frightening specter, the threat of punishment is not only for perpetrators of terror but perpetrators who participate in helping terrorism will be threatened with punishment. Therefore, it is very interesting and important to study further regarding how the criminal acts of participating (deelneming) in criminal acts of terrorism are regulated? and what is the criminal responsibility of perpetrators who participate in criminal acts in the analysis of the West Jakarta decision Number 792/Pid.Sus/2019/PN Jkt.Brt concerning the criminal act of financing terrorism? To answer this problem, a normative juridical legal research method is used with the approach method statutory and conceptual regulations. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that the regulations regarding the prevention of crimes of terrorism in Indonesia are based on Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism, and the regulations in Article 11 of Law Number 9 of 2013 concerning the Prevention and Eradication of Criminal Acts of Terrorism Funding. Criminal liability of perpetrators who participated (deelneming) in the West Jakarta Decision Number 792/Pid.Sus/2019/PN Jkt.Brt. The defendant's actions fulfilled all the elements of the second indictment, Article 4 in conjunction with Article 5 of Law Number 9 of 2013 concerning Prevention and Eradication of Terrorism Financing, and therefore the defendant was legally and convincingly proven to have assisted in providing funds, either directly or indirectly, by the intention is to be used in part to commit a criminal act of terrorism.

TINJAUAN YURIDIS PENANGANAN TINDAK PIDANA PEMILU MELALUI MEDIA ONLINE DI INDONESIA

2024-11-02T11:44:43+00:00

As a special criminal act, election crimes have their own characteristics compared to criminal acts in general. In the technological era, accountability for election crimes cannot be separated from the perpetrators who commit election violations through online media. Potential perpetrators of election violations could be carried out by election organizers, election participants, officials, media, companies, foreign observers or the voting public themselves. The title of this research is a Juridical Review of Handling Election Crimes Through Online Media in Indonesia. The formulation of the problem is: What are the legal arrangements regarding election crimes committed via online media in Indonesia? How is the implementation of Handling of Election Crimes through online media in Indonesia? The research was carried out using a normative juridical approach. The data used is primary, secondary and tertiary data. Data analysis was carried out qualitatively and based on the results of the analysis, conclusions were then drawn using a deductive approach. The conclusion of this research is that the formulation of election crimes in the Election Law still prioritizes election crimes in the implementation of manual or conventional elections. Even though election crimes are not specifically contained in the Election Law, we can find election crimes in the ITE Law which is formulated in 11 criminal acts. Weak enforcement of election crimes through online media is caused by dissatisfaction with Bawaslu's performance in supervising elections. There are at least three problems, namely low digital literacy, limited human resources who understand technology, and minimal election law enforcement regulations in the digital era.

PENERAPAN STANDAR GIZI MAKANAN BAGI NARAPIDANA BERDASARKAN PERMENKUMHAM NOMOR 40 TAHUN 2017 DI LAPAS PEREMPUAN KELAS IIA JAKARTA

2024-12-18T07:35:07+00:00

This study aims to determine the implementation of nutritional standards in the provision of food in the kitchen of Class IIA Jakarta Women's Prison for inmates. Based on the results of the research conducted by the author, the author can conclude that the Class IIA Jakarta Women's Prison Kitchen has attempted to maximize the implementation of nutritional standards in the process of food provision activities referring to Permenkumham no. 40 of 2017. Factors that are obstacles in the provision of food at Class IIA Jakarta Women's Prison, Include: a. The number of food service personnel is still not fulfilled, causing overlapping in work, b. daily food quality is not directly monitored by the nutrition team and there are no food recommendations if there are sick prisoners, c. there are several infrastructures that must be met to maximize food services for prisoners in the Class IIA Jakarta Women's Prison. The research method used is Juridical Empirical. Juridical is to study the normative concept or legislation. This study analyzes the Implementation of nutritional standards in the Minister of Law and Human Rights Regulation No. 40 of 2017 in the Class IIA Jakarta Women's Prison. The results of the study indicate that the Class IIA Jakarta Women's Prison has attempted to provide the rights of prisoners in the form of getting decent food services according to nutritional needs which are the rights of prisoners in the Prison.

ANALISIS YURIDIS PIDANA MATI TERHADAP TINDAK PIDANA NARKOTIKA (ANALISIS PUTUSAN NOMOR 2267/PID.SUS/2012/PN.JKT.BAR)

2024-11-12T05:47:34+00:00

The crime committed by Fredi Budiman was a very extraordinary crime in narcotics crimes. Therefore, it is very interesting and important to examine further how the perpetrators who are suspected of being narcotics dealers are proven in decision number 2267/Pid.Sus/2012/PN.Jkt.Bar? and what is the juridical analysis of the death penalty for narcotics crimes in decision number 2267/ Pid.Sus/2012/PN.Jkt.Bar?. To answer these problems, normative juridical legal research methods are used with statutory and conceptual regulatory approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that valid evidence according to Law Number 8 of 1981 is regulated in Article 184 of the Criminal Procedure Code which consists of: a) witness statements; b) expert testimony; c) letter; d) instructions and d) defendant's statement. Based on the decision in case Number 2267/PID.SUS/2012/PN.JKT.BAR. There are three valid pieces of evidence, namely witness statements, documentary statements, and defendant statements. The execution of the death penalty for narcotics crimes in Law No. 35 of 2009 concerning Narcotics is the heaviest sanction that can be imposed on perpetrators of this type of crime. Basically, the death penalty imposed on narcotics traffickers is a form of protecting the rights and interests of many people and is in line with the purpose of punishment. The reason for the punishment of repetition as a basis for increasing punishment is that someone who has been sentenced and repeats a crime again, proves that he has a bad character. Evil is therefore considered very dangerous for security and public order.

PENEGAKAN HUKUM TERHADAP PENGEMUDI YANG MEROKOK SAAT BERKENDARAAN BERDASARKAN UNDANG-UNDANG LALU LINTAS DAN ANGKUTAN JALAN (LLAJ) NOMOR 22 TAHUN 2009

2024-11-12T05:24:30+00:00

“Smoking while driving is very dangerous for both the driver himself and other people, because it can interfere with concentration and cause accidents while driving. Therefore, it is very interesting and important to study further regarding how the law is enforced for drivers who smoke while driving motorized vehicles based on Law Number 22 of 2009? and what are the obstacles and efforts to overcome them in enforcing the law against drivers who smoke while driving motorized vehicles? To answer these problems, normative juridical legal research methods are used with statutory and conceptual regulatory approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that law enforcement against drivers who smoke while driving motorized vehicles is still low and needs to be enforced through proper implementation of traffic regulations. Obstacles in law enforcement against drivers who smoke while driving lie within the law enforcement factor because law enforcement is less strict. Community factors due to lack of public awareness of the law, facilities and infrastructure/facilities factors and cultural factors. In law enforcement efforts, there are preventive efforts carried out by the police, including providing guidance and education to the community, carrying out verbal warnings. Apart from preventive efforts, there are also repressive efforts, namely imposing sanctions on perpetrators of traffic violations using articles in Law Number 22 of 2009 concerning Road Traffic and Transportation.

ANALISIS PENEGAKAN HUKUM TERHADAP PENGGUNAAN KNALPOT RACING PADA KENDARAAN BERMOTOR DI POLRES METRO JAKARTA SELATAN

2024-11-02T12:37:13+00:00

Many people use racing exhausts which are synonymous with loud noises. When used they will cause several problems for the people around them. Therefore, it is very interesting and important to study further about how the law is enforced regarding the use of racing exhausts on motorized vehicles at the South Jakarta Metro Police, and what obstacles and solutions are faced by the South Jakarta Metro Police to minimize the use of racing exhausts on motorized vehicles in South Jakarta City. To answer these problems, normative juridical legal research methods are used with statutory and conceptual regulatory approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it can be seen that the process of law enforcement against vehicles that use racing exhausts is through pre-emptive efforts, namely educating the public about legal knowledge, preventive efforts, namely preventing violations of the law, and repressive efforts, namely taking action against perpetrators of violations guided by Law Number 22 Concerning Road Traffic and Transportation. The obstacles experienced by law enforcement officers are the lack of public awareness of traffic regulations; inadequate facilities and infrastructure, and limited number of traffic police members. Meanwhile, the solution to minimize the use of racing exhausts is to improve service and quality in enforcement; increasing outreach and education activities to the community; empowering and increasing human resources; and provide violation reporting services.

DERADIKALISASI DALAM MENANGGULANGI PAHAM RADIKALISME DAN TERORISME DI INDONESIA

2024-12-18T08:20:43+00:00

The use of a hard approach as an effort to arrest, prosecute and enforce the law carried out by security forces against perpetrators of terror must be balanced with a soft approach in dealing with radicalism. Therefore, it is very interesting and important to study further whether terrorists exposed to radicalization can be neutralized with a deradicalization program? and how does deradicalization deal with radicalism and terrorism in Indonesia? To answer these problems, normative juridical legal research methods are used with statutory and conceptual regulatory approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that deradicalization is a strategy based on a conceptual understanding to deal with problems related to the development of ideologies and acts of radicalism. Deradicalization efforts must involve the government together with Indonesian civil society, especially to stop, eliminate, or at least neutralize radicalism. Deradicalization is a change with the modernization of radical ideology accompanied by a reasonable and integrated approach to social welfare. Efforts to modernize radical ideology are intended so that former perpetrators of terrorism, apart from no longer having radical beliefs, can also become agents of change that support the eradication of criminal acts of terrorism. Efforts to carry out deradicalization involving Indonesian civil society are needed as an effort to strengthen the ideological defense of citizens. Strengthening regulations by creating a separate law related to deradicalization to give it strength as a clear legal basis.