Pub Date : 2021-08-12DOI: 10.30659/ldj.3.3.648-656
Rifki Julian Wiranda, Akhmad Khisni
Efforts to prevent marriages that are considered underage are stated in the revision of the Marriage Law (UUP) in Act No. 16 of 2019 which equates the marriage age limit for men and women to nineteen years. The purpose of the research in this article is to find out how to limit the age of marriage and the suitability of the principle of benefit of the revision of the UUP in the review of Maqashid Syari’ah. The method used in this study is a normative juridical approach and empirical data as a complement. The results showed that the practice of marriage which was considered underage occurred because the community believed that a child who entered the age of puberty should be immediately married, because it was feared that it would cause widespread damage, such as masturbation, adultery or in other forms, namely phone sex.
{"title":"Pro-Contra Of Marriage Age Restriction In Maqashid Syari’ah Perspective","authors":"Rifki Julian Wiranda, Akhmad Khisni","doi":"10.30659/ldj.3.3.648-656","DOIUrl":"https://doi.org/10.30659/ldj.3.3.648-656","url":null,"abstract":"Efforts to prevent marriages that are considered underage are stated in the revision of the Marriage Law (UUP) in Act No. 16 of 2019 which equates the marriage age limit for men and women to nineteen years. The purpose of the research in this article is to find out how to limit the age of marriage and the suitability of the principle of benefit of the revision of the UUP in the review of Maqashid Syari’ah. The method used in this study is a normative juridical approach and empirical data as a complement. The results showed that the practice of marriage which was considered underage occurred because the community believed that a child who entered the age of puberty should be immediately married, because it was feared that it would cause widespread damage, such as masturbation, adultery or in other forms, namely phone sex.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"134 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86332509","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-12DOI: 10.30659/ldj.3.3.555-563
Nanda Setya Laksana, Achmad Sulchan
This study aims to determine the form of law enforcement against pornography in the investigation process as well as to find out the obstacles faced and provide solutions in overcoming the crime of pornography according to Act No. 44 of 2008, and also to find out the judges' considerations in deciding criminal cases of pornography in the Jepara District Court with case number 138/Pid.B/2018/PN.Jpa, and to find out the law enforcement of pornography crimes based on Act No. 44 of 2008 concerning pornography. This research was carried out at the Jepara District Court. To achieve the objectives of the study, the researchers used data collection methods: interview methods, library methods, and data analysis methods related to the discussion being studied. The conclusion of this research isBased on the facts revealed at the trial, the defendant has been proven to have fulfilled all the elements of the article and in the trial there were no things that could abolish the crime, both justifying reasons and excuses, while for the philosophical and sociological aspects, what was considered by the Panel of Judges was because The defendant's actions violated the norms of decency in society. So that the sentence is very appropriate to be handed down to the defendant so that there is a sense of justice in the community.
{"title":"The Law Enforcement On Phornographic Cases","authors":"Nanda Setya Laksana, Achmad Sulchan","doi":"10.30659/ldj.3.3.555-563","DOIUrl":"https://doi.org/10.30659/ldj.3.3.555-563","url":null,"abstract":"This study aims to determine the form of law enforcement against pornography in the investigation process as well as to find out the obstacles faced and provide solutions in overcoming the crime of pornography according to Act No. 44 of 2008, and also to find out the judges' considerations in deciding criminal cases of pornography in the Jepara District Court with case number 138/Pid.B/2018/PN.Jpa, and to find out the law enforcement of pornography crimes based on Act No. 44 of 2008 concerning pornography. This research was carried out at the Jepara District Court. To achieve the objectives of the study, the researchers used data collection methods: interview methods, library methods, and data analysis methods related to the discussion being studied. The conclusion of this research isBased on the facts revealed at the trial, the defendant has been proven to have fulfilled all the elements of the article and in the trial there were no things that could abolish the crime, both justifying reasons and excuses, while for the philosophical and sociological aspects, what was considered by the Panel of Judges was because The defendant's actions violated the norms of decency in society. So that the sentence is very appropriate to be handed down to the defendant so that there is a sense of justice in the community.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74960988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-12DOI: 10.30659/ldj.3.3.530-537
Yanto Mulyanto P, Achmad Sulchan
The purpose of this study is to find out, examine and analyze the implications of the criminal aspect in the implementation of the Health Law on perpetrators of drug abuse. This research uses normative juridical method. Based on the research, it can be concluded that in the application of the criminal act of distributing and abusing pharmaceutical preparations without a distribution permit as regulated in Article 197 of Act No. 36 of 2009 concerning Health, the formulation contained in this article is anyone who intentionally produces or circulate pharmaceutical preparations and/or medical devices that do not have a distribution permit as referred to in Article 106 paragraph (1), namely pharmaceutical preparations and medical devices can only be circulated after obtaining a distribution permit. Accountability in criminal law is carried out on the basis of error and some is carried out without having to prove the existence of the error (strict liability Errors can be divided into two types, namely intentional and negligence. Therefore, it is necessary to form a general health policy that can be implemented by all parties and at the same time can answer the challenges of the era of globalization and with the increasing complexity of health problems in a new Health Law to replace Law Number 23 of 1992 concerning Health with Law No. Law Number 36 Year 2009 concerning Health.
{"title":"Criminal Aspects For Legal Processing On Persons Abuse Of Illegible Drugs","authors":"Yanto Mulyanto P, Achmad Sulchan","doi":"10.30659/ldj.3.3.530-537","DOIUrl":"https://doi.org/10.30659/ldj.3.3.530-537","url":null,"abstract":"The purpose of this study is to find out, examine and analyze the implications of the criminal aspect in the implementation of the Health Law on perpetrators of drug abuse. This research uses normative juridical method. Based on the research, it can be concluded that in the application of the criminal act of distributing and abusing pharmaceutical preparations without a distribution permit as regulated in Article 197 of Act No. 36 of 2009 concerning Health, the formulation contained in this article is anyone who intentionally produces or circulate pharmaceutical preparations and/or medical devices that do not have a distribution permit as referred to in Article 106 paragraph (1), namely pharmaceutical preparations and medical devices can only be circulated after obtaining a distribution permit. Accountability in criminal law is carried out on the basis of error and some is carried out without having to prove the existence of the error (strict liability Errors can be divided into two types, namely intentional and negligence. Therefore, it is necessary to form a general health policy that can be implemented by all parties and at the same time can answer the challenges of the era of globalization and with the increasing complexity of health problems in a new Health Law to replace Law Number 23 of 1992 concerning Health with Law No. Law Number 36 Year 2009 concerning Health.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"61 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85128907","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-12DOI: 10.30659/ldj.3.3.521-529
Dwi Margono, Jawade Hafidz
This study aims to examine and analyze criminal law policies in law enforcement of SIM-Swab crimes, obstacles and legal consequences as well as solutions in law enforcement of SIM-Swab crimes. The research method and approach method used in solving the problem is empirical juridical, namely by reviewing the applicable legal provisions and what is happening in reality in society. The results showed that emergence and development of SIM-Swab crimes has a complex background, not only due to unplanned and well-organized economic development, but also other socio-political factors. Therefore, without being supported by policies in other development fields such as social, economic and political fields, the use of criminal law as a means of overcoming SIM-Swab crimes has very limited capabilities. To optimize the function of criminal law in this effort, it is necessary to integrate social policies and criminal politics as well as integration between the use of penal and non-penal means. The enforcement of criminal law against SIM-Swab crimes has not been maximized and the crimes continue to grow. This is inseparable from the various obstacles faced. First, related to the characteristics of SIM-Swab crimes that are difficult to detect. Second, theoretically, criminal law juridical itself provides limitations in law enforcement and there are still various problems, both regarding the substance of the law, law enforcers, conflicts of interest in society, supporting facilities and legal culture in the banking community. So it is necessary to have a number of policies to correct the various deficiencies that exist.
{"title":"Criminal Law Policy In Law Enforcement Of Sim-Swab Crime","authors":"Dwi Margono, Jawade Hafidz","doi":"10.30659/ldj.3.3.521-529","DOIUrl":"https://doi.org/10.30659/ldj.3.3.521-529","url":null,"abstract":"This study aims to examine and analyze criminal law policies in law enforcement of SIM-Swab crimes, obstacles and legal consequences as well as solutions in law enforcement of SIM-Swab crimes. The research method and approach method used in solving the problem is empirical juridical, namely by reviewing the applicable legal provisions and what is happening in reality in society. The results showed that emergence and development of SIM-Swab crimes has a complex background, not only due to unplanned and well-organized economic development, but also other socio-political factors. Therefore, without being supported by policies in other development fields such as social, economic and political fields, the use of criminal law as a means of overcoming SIM-Swab crimes has very limited capabilities. To optimize the function of criminal law in this effort, it is necessary to integrate social policies and criminal politics as well as integration between the use of penal and non-penal means. The enforcement of criminal law against SIM-Swab crimes has not been maximized and the crimes continue to grow. This is inseparable from the various obstacles faced. First, related to the characteristics of SIM-Swab crimes that are difficult to detect. Second, theoretically, criminal law juridical itself provides limitations in law enforcement and there are still various problems, both regarding the substance of the law, law enforcers, conflicts of interest in society, supporting facilities and legal culture in the banking community. So it is necessary to have a number of policies to correct the various deficiencies that exist.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"139 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72423169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of this study describes how the law enforcement of Act No. 22 of 2009 concerning Road Traffic and Transportation against over-dimensions as well as obstacles and solutions in overcoming public transportation law enforcement that is Over-Dimensional. The approach method used in this research is empirical juridical. Based on the research, it can be concluded that law enforcement in over-dimensional cases is contained in the provisions for the mandatory testing of types of public transportation vehicles or over-dimensional vehicles regulated in Act No. 22 of 2009 concerning Road Traffic and Transportation. In addition to Act No. 22 of 2009 concerning Road Traffic and Transportation, there is also Government Regulation Number 55 of 2012. Over-dimensional vehicles are strictly prohibited because in the event of a traffic accident, the fatality of the victim is very high. The over-dimension does not take into account the factors of security, safety and order and the smoothness of traffic, and only cares about the profits of public transport entrepreneurs, so they must be punished in accordance with the applicable laws and regulations.
{"title":"Traffic Crime Law Enforcement On Over Dimensions","authors":"Yunanto Dwi Handoko, M. Maryanto","doi":"10.30659/LDJ.3.3.%P","DOIUrl":"https://doi.org/10.30659/LDJ.3.3.%P","url":null,"abstract":"The purpose of this study describes how the law enforcement of Act No. 22 of 2009 concerning Road Traffic and Transportation against over-dimensions as well as obstacles and solutions in overcoming public transportation law enforcement that is Over-Dimensional. The approach method used in this research is empirical juridical. Based on the research, it can be concluded that law enforcement in over-dimensional cases is contained in the provisions for the mandatory testing of types of public transportation vehicles or over-dimensional vehicles regulated in Act No. 22 of 2009 concerning Road Traffic and Transportation. In addition to Act No. 22 of 2009 concerning Road Traffic and Transportation, there is also Government Regulation Number 55 of 2012. Over-dimensional vehicles are strictly prohibited because in the event of a traffic accident, the fatality of the victim is very high. The over-dimension does not take into account the factors of security, safety and order and the smoothness of traffic, and only cares about the profits of public transport entrepreneurs, so they must be punished in accordance with the applicable laws and regulations.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"42 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72368099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-12DOI: 10.30659/ldj.3.3.597-603
T. Wibowo, Siti Ummu Adillah
This writing aims to find out and analyze the effectiveness of role Bhabinkamtibmas in preventing cases of domestic violence in rural areas. The type of research used in this study is a type of legal research juridic-sociological. The approach uses sociological juridical. In principle, the duties of the police universally are to protect (protections), provide services to the community (services), enforce the law and maintain order (law enforcement and maintain law and order). Including roles of Bhabinkamtibmas in preventing and reducing the number of domestic violence in rural areas, the existence of various problems and weaknesses in the form of the lack of facilities and infrastructure as well as community culture make the role of Bhabinkamtibmas in preventing and reducing the number of domestic violence in rural areas has not been effective, one of which is shown in the Grobogan area, especially in the Keradenan area, where domestic violence is dominated by physical violence. So it is necessary to involve the community and increase information facilities and infrastructure through the use of digitalization related to the presence of Domestic Violence in rural areas. This can be seen in prevention of cases of Domestic Violence in rural areas in Grobogan is still quite high, this view is shown by the fact that there have been 20 cases of Domestic Violence in the Grobogan area, 11 cases occurred in Keradenan Village, Grobogan Regency where physical violence dominates.
本文旨在找出并分析Bhabinkamtibmas在预防农村家庭暴力案件中的作用。本研究使用的研究类型是一种法律研究——法律社会学。该方法运用了社会学和法学。原则上，警察的职责一般是保护(protection)、为社会提供服务(services)、执法和维持秩序(law enforcement and maintenance law and order)。包括Bhabinkamtibmas在预防和减少农村地区家庭暴力数量方面的作用，存在各种问题和弱点，缺乏设施和基础设施以及社区文化，使得Bhabinkamtibmas在预防和减少农村地区家庭暴力数量方面的作用没有发挥作用，其中一个表现在Grobogan地区，特别是在Keradenan地区。家庭暴力主要是身体暴力。因此，有必要让社区参与进来，并通过使用与农村地区存在的家庭暴力相关的数字化来增加信息设施和基础设施。这一点可以从Grobogan农村地区家庭暴力案件的预防工作中看出来，这一点可以从以下事实得到证明:Grobogan地区发生了20起家庭暴力案件，其中11起发生在肢体暴力占主导地位的Grobogan县Keradenan村。
{"title":"Role Effectiveness Bhabinkamtibmas In Effort To Prevent And Eradicate Criminal Acts Of Domestic Violence","authors":"T. Wibowo, Siti Ummu Adillah","doi":"10.30659/ldj.3.3.597-603","DOIUrl":"https://doi.org/10.30659/ldj.3.3.597-603","url":null,"abstract":"This writing aims to find out and analyze the effectiveness of role Bhabinkamtibmas in preventing cases of domestic violence in rural areas. The type of research used in this study is a type of legal research juridic-sociological. The approach uses sociological juridical. In principle, the duties of the police universally are to protect (protections), provide services to the community (services), enforce the law and maintain order (law enforcement and maintain law and order). Including roles of Bhabinkamtibmas in preventing and reducing the number of domestic violence in rural areas, the existence of various problems and weaknesses in the form of the lack of facilities and infrastructure as well as community culture make the role of Bhabinkamtibmas in preventing and reducing the number of domestic violence in rural areas has not been effective, one of which is shown in the Grobogan area, especially in the Keradenan area, where domestic violence is dominated by physical violence. So it is necessary to involve the community and increase information facilities and infrastructure through the use of digitalization related to the presence of Domestic Violence in rural areas. This can be seen in prevention of cases of Domestic Violence in rural areas in Grobogan is still quite high, this view is shown by the fact that there have been 20 cases of Domestic Violence in the Grobogan area, 11 cases occurred in Keradenan Village, Grobogan Regency where physical violence dominates.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78946723","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-12DOI: 10.30659/ldj.3.3.621-629
Wawan Setiyawan, Anis Mashdurohatun.
This research aims to knowing and analyzing the reformulation of money politics in the election law as a criminal act of corruption. The research method in writing this journal uses normative (doctrinal) research methods. Based on the research, it is concluded that reformulation of money politics in the election law as a corruption crime can be done by including a clause on political corruption as a special offense in the General Election Law so that it can be a strong legal basis for law enforcement officials to take steps - preventive or repressive measures to realize clean elections and corruption-free politics.
{"title":"The Reforming Of Money Politics Cases In Election Law As Corruption Crime","authors":"Wawan Setiyawan, Anis Mashdurohatun.","doi":"10.30659/ldj.3.3.621-629","DOIUrl":"https://doi.org/10.30659/ldj.3.3.621-629","url":null,"abstract":"This research aims to knowing and analyzing the reformulation of money politics in the election law as a criminal act of corruption. The research method in writing this journal uses normative (doctrinal) research methods. Based on the research, it is concluded that reformulation of money politics in the election law as a corruption crime can be done by including a clause on political corruption as a special offense in the General Election Law so that it can be a strong legal basis for law enforcement officials to take steps - preventive or repressive measures to realize clean elections and corruption-free politics.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"162 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80231949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-12DOI: 10.30659/ldj.3.3.496-504
H. Haryono, Bambang Tri Bawono
This study aims to analyze and determine the construction of evil consensus in corruption in Indonesia; legal weaknesses in cases of criminal conspiracy in corrupt criminal acts as well as reconstruction of evil conspiracy in criminal acts of corruption based on progressive law. The research uses a sociological juridical approach. Based on the research conducted, it was found the fact that the implementation of law enforcement in cases of conspiracy related to corruption is currently not fair, this is due to the unclear elements in the criminal act of conspiracy in corruption cases so that existing law enforcement is based on political interests, where the authorities will be able to looking for a way out of the snares of Article 15 of Act No. 31 of 1999 Jo. Act No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, while parties who do not have the authority to power will not be able to escape the snares of Article 15 of Act No. 31 of 1999 Jo. Act No. 20 of 2001 concerning the Eradication of Corruption Crimes.
{"title":"Relevance Of Legal Certainty In Criminal Of Consent In The Eradication Of Corruption Law","authors":"H. Haryono, Bambang Tri Bawono","doi":"10.30659/ldj.3.3.496-504","DOIUrl":"https://doi.org/10.30659/ldj.3.3.496-504","url":null,"abstract":"This study aims to analyze and determine the construction of evil consensus in corruption in Indonesia; legal weaknesses in cases of criminal conspiracy in corrupt criminal acts as well as reconstruction of evil conspiracy in criminal acts of corruption based on progressive law. The research uses a sociological juridical approach. Based on the research conducted, it was found the fact that the implementation of law enforcement in cases of conspiracy related to corruption is currently not fair, this is due to the unclear elements in the criminal act of conspiracy in corruption cases so that existing law enforcement is based on political interests, where the authorities will be able to looking for a way out of the snares of Article 15 of Act No. 31 of 1999 Jo. Act No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, while parties who do not have the authority to power will not be able to escape the snares of Article 15 of Act No. 31 of 1999 Jo. Act No. 20 of 2001 concerning the Eradication of Corruption Crimes.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"88 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75868163","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-11DOI: 10.30659/ldj.3.3.481-487
Didik Sudarmadi, Jawade Hafidz
The purpose of this study is to find out and analyze the legal policy of the Information and Electronic Transactions Law (ITE) on the handling of criminal acts of defamation via the internet in Indonesia, to find out the obstacles to handling it. This study uses a sociological juridical approach, with analytical descriptive research methods. The results of the study conclude that crime prevention efforts need to be pursued with a policy approach, in the sense that there is an integration between criminal politics and social politics and there is an integration between penal and non-penal crime prevention efforts. The obstacle faced by law enforcement officers today is how to capture cybercrime perpetrators in relation to the provisions of the applicable criminal law. Law enforcement officers are faced with difficulties in determining the qualifications of crimes given the difficulty of finding evidence. As well as solutions for resolving criminal defamation cases through electronic social media at the Indonesian Police in two ways, namely through penal facilities (repressive activities after the occurrence of a crime) and non-penal means, in the form of counseling for preventive actions.
{"title":"The Policy For Handling Criminal Acts Of Insult/Hate Speech Or Damage Through Internet","authors":"Didik Sudarmadi, Jawade Hafidz","doi":"10.30659/ldj.3.3.481-487","DOIUrl":"https://doi.org/10.30659/ldj.3.3.481-487","url":null,"abstract":"The purpose of this study is to find out and analyze the legal policy of the Information and Electronic Transactions Law (ITE) on the handling of criminal acts of defamation via the internet in Indonesia, to find out the obstacles to handling it. This study uses a sociological juridical approach, with analytical descriptive research methods. The results of the study conclude that crime prevention efforts need to be pursued with a policy approach, in the sense that there is an integration between criminal politics and social politics and there is an integration between penal and non-penal crime prevention efforts. The obstacle faced by law enforcement officers today is how to capture cybercrime perpetrators in relation to the provisions of the applicable criminal law. Law enforcement officers are faced with difficulties in determining the qualifications of crimes given the difficulty of finding evidence. As well as solutions for resolving criminal defamation cases through electronic social media at the Indonesian Police in two ways, namely through penal facilities (repressive activities after the occurrence of a crime) and non-penal means, in the form of counseling for preventive actions.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"744 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76893088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-11DOI: 10.30659/ldj.3.3.475-480
Danang Dwi Cahyo, Bambang Tri Bawono
This research aims to analyze consumer protection in the development of fintech. The approach used is sociological juridical. Based on the research conducted, it was found that the implementation of fintech is often used as a cover for fraud supported by cyber bullying. The factors that affect the implementation of debtor protection when they are unable to pay their debts to financial technology institutions are the overlapping rules, the lack of reach of law enforcement in cases of fraud under the guise of financial technology institutions, and the influence of globalization which has resulted in the growth of financial technology institutions becoming increasingly unstable under control. This results in the implementation of financial technology not being in accordance with good ethical principles in making an agreement.
{"title":"A Justice Reform In Consumer Protection In Development Of Financial Technology","authors":"Danang Dwi Cahyo, Bambang Tri Bawono","doi":"10.30659/ldj.3.3.475-480","DOIUrl":"https://doi.org/10.30659/ldj.3.3.475-480","url":null,"abstract":"This research aims to analyze consumer protection in the development of fintech. The approach used is sociological juridical. Based on the research conducted, it was found that the implementation of fintech is often used as a cover for fraud supported by cyber bullying. The factors that affect the implementation of debtor protection when they are unable to pay their debts to financial technology institutions are the overlapping rules, the lack of reach of law enforcement in cases of fraud under the guise of financial technology institutions, and the influence of globalization which has resulted in the growth of financial technology institutions becoming increasingly unstable under control. This results in the implementation of financial technology not being in accordance with good ethical principles in making an agreement.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"177 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79867821","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：