Journal Equity of Law and Governance

Critical Analysis of The Republic of Indonesia Police in The Implementation of Cybercrime Law in Indonesia

Tue, 21 May 2024 00:00:00 +0700

The purpose of this research, which is based on an evaluation of Indonesia's cybercrime legislation, is to examine the difficulties encountered by the Indonesian National Police in carrying out their duties to combat cybercrime and computer crime, and to draw conclusions about how recent technological advancements have contributed to an increase in both the frequency and severity of these crimes. This study employs a philosophical and analytical approach to normative law as its research methodology. It examines applicable statutes and regulations, as well as legal theory and current practices in law enforcement. Cybercrime is on the rise, and the study's findings suggest that this trend is directly tied to the expansion of information technology, which in turn allows cybercriminals to employ more complex strategies. Not having clear legislative restrictions pertaining to cybercrime, insufficient preparation on the part of law enforcement, subpar system security, and an uninformed public are the primary challenges. Some of the proposals include creating communication platforms amongst law enforcement agencies to boost collaboration in the fight against cybercrime, educating the public and conducting targeted investigations using cutting-edge technical methods, and expanding outreach and education efforts to the general population.

Use of Online Dispute Resolution in Realizing Restorative Justice in E-Commerce Disputes

Tue, 21 May 2024 13:32:19 +0700

This research aims to explore the potential for using Online Dispute Resolution as a tool in realizing restorative justice in e-commerce disputes. Through normative juridical research methods, with a statutory approach, this research analyzes secondary data in the form of primary, secondary and tertiary legal materials. The research results show that Online Dispute Resolution can be an effective tool in resolving e-commerce disputes quickly, cheaply and effectively without hampering the parties' business activities. The use of Online Dispute Resolution supports the principles of restorative justice by facilitating broader participation, effective communication, relationship maintenance, process efficiency, and empowerment of all parties involved, helping to create a space conducive to dialogue, understanding, and healing of relationships.

Analysis of Decision No 61/Pid.Sus Anak/2021/Pn Mdn On the Case of a Child as A Violator of The Crime of Abuse

Thu, 23 May 2024 20:02:41 +0700

Children are the next generation of the nation and have important responsibilities in the survival of the nation and state. For every child to be able to assume his responsibility as the heir of the nation, he must be given the widest possible opportunity to grow and develop optimally, both physically, spiritually, and socially. The purpose of this study is to determine the application of Law No. 35 of 2014 concerning amendments to Law No. 23 of 2002 concerning Child Protection in Decision No. 61/PID.SUS ANAK/2021/PN MDN. This research uses normative research methods. The result of this study is that according to the provisions of the Child Protection Law, children must be protected both as perpetrators of criminal acts, victims of criminal acts, and witnesses to criminal acts. In general, the purpose of the legal protection of children is to maintain the rights and obligations of children so that they can grow and develop naturally both physically, mentally, spiritually, and socially

Legal Responsilibility of affiliators who spread misleading product promotions that harm consumers

Muhammad Adli Fahmi Lubis, Sunarmi, Mahmul Siregar, Robert — Sat, 01 Jun 2024 13:46:39 +0700

Binomo as one of the trading platforms has taken a lot of casualties, due to the presence of affiliates who facilitate huge profits in a short period of time. Influencer and affiliate Indra Kents were named as a suspect. It should be noted that misleading advertising formats that cause consumer losses, the mechanism by which affiliated companies can compensate consumers, and the legal liability of affiliated companies that advertise items that result in losses for customers. Using a philosophical and legislative approach, this research is normative in nature. Utilizing primary, secondary, and tertiary legal documents gathered through literature study methodologies, the data comes from secondary data sources. A qualitative data analysis method is employed. The investigation came to the conclusion that deceptive advertising that presents success stories and offers affiliates the promise of enormous earnings are among the deceptive tactics that harm consumers. A demand for compensation can be made both civilly and UUPK in order to reimburse victims of Binary Option criminality for their damages. In combination with ITE Law's Article 28 paragraph (1) and Article 45A paragraph (1), Article 1365 of the Civil Code both contain legal liability provisions for affiliates that push products that result in losses for consumers. Article 62 paragraph (1) of the Law may impose sanctions on the affiliator, in reference to letter k of Article 9 paragraph (1) of the UUPK.

Protection against heirs who make transactions of sale of inheritance land without the consent of other heirs according to law (Study Putusan 70/PDT.6/2006/PN. MDN)

Sat, 01 Jun 2024 13:52:39 +0700

Soil is essential for life, and Indonesian law regulates land ownership, including the transfer and inheritance of land rights. Disputes often arise when land is sold without the consent of all heirs, leading to legal challenges. This study addresses two main research problems: the procedures for selling inherited land and the responsibilities of defendants in case No. 70/Pdt.6/2006/PN. Mdn. It aims to examine these procedures and determine defendant responsibilities. Using a juridical-normative approach, the study relies on legal principles and secondary data from legal documents, laws, and court decisions. Data collection methods include literature review and field research. Findings indicate that selling inherited land requires the consent of all heirs and compliance with legal requirements. Disputes arise when these requirements are not met, leading to legal actions that can invalidate transactions and restore original positions. Adhering to legal protocols is crucial to prevent disputes and protect heir rights.

Protection of Workers' Legal Rights Against Unilateral Termination of Employment (Analysis of Decisions 83/Pdt.Sus-PHI/2020/PN.Mdn and 105/Pdt.Sus-PHI/2021/PN.Mdn)

Stefani Kamajaya, Hasim Purba, Agusmidah — Wed, 12 Jun 2024 13:47:07 +0700

Employees and workers may be fired by a firm as long as it complies with the procedures and requirements outlined in the Manpower Law. But it is not acceptable to fire a worker or employee arbitrarily or for not following the correct procedure. This work is normative juridical legal research with analytical descriptive research features. Legal papers gathered through literature review procedures, classified as primary, secondary, and tertiary, make up the secondary data that is employed. Techniques from qualitative analysis were used in the data analysis process. Although the Manpower Law enables unilateral the termination of employment (PHK) due to efficiency and business closure, based on reduced productivity, is allowed under Law No. 6/2023, often known as The Regulations on the creation of work. This law permits layoffs without necessitating the company's closure. As per the terms of legislation 6/2023, the Creation of Industries Act, layoffs are outside the jurisdiction of the Industrial Relations Court (PHI). The Termination of Finding work, however (PHK) process under the Manpower Law requires direct negotiation between the employer and employee. The panel of judges examined the legislation in Decision Numbers 83/Pdt.Sus-PHI/2020/PNMdn and 105/Pdt.Sus-PHI/2021/PNMdn with the aim of safeguarding the rights of employees who were terminated unjustifiably. This entailed bestowing upon the plaintiff the rights specified by the Labor Law. Although the judge did not take into account the Job Creation Law (Law No. 2/2020) that was in existence at the time, it is believed that the verdict adequately safeguards the rights and provides legal protection of employees who were fired without cause.

Police and Social Media: Law Enforcement Against Defamation and Libel in Social Media Comment Sections

Fuadi Isnawan — Wed, 19 Jun 2024 10:30:18 +0700

While social media has great potential to facilitate useful information exchange and positive interactions, it is also a platform for harmful behaviors, including offensive and defamatory comments. Offensive and defamatory comments on social media raise concerns in modern society. This phenomenon can adversely affect the targeted individuals, damaging their reputation and self-esteem, and can cause stress, anxiety and depression. This article uses a normative juridical research method conducted through document studies, namely by using sources of legal materials in the form of laws and regulations, legal theories, and experts' opinions to examine cases relevant to the topic using a case approach. The research results include Defamation involves harming someone's reputation through false statements and is a criminal offense covered by both the Criminal Code and the ITE Law. The ITE Law, particularly Article 27 paragraph (3), addresses defamation involving electronic information and documents, requiring intentionality and lack of right for it to be considered defamatory. The law applies to everyone, including Indonesian and foreign citizens and legal entities. Key to understanding defamation in this context is the element of distributing, transmitting, and making electronic information accessible. The ITE Law defines these actions to provide legal clarity and combat social media defamation effectively. Electronic information includes written, audio, and visual data, while electronic documents cover digital data forms, both crucial for prosecuting defamation cases. The ITE Law's concept of defamation aligns with Article 310 of the Criminal Code, which criminalizes attacks on someone's honor or reputation intended for public dissemination. This ensures that traditional principles of criminal defamation law are applied to digital contexts, offering a comprehensive legal framework for addressing defamation on social media. Law enforcement plays a pivotal role in maintaining societal order and justice. It involves not only applying legal provisions but also reflecting the underlying values of the law and exercising discretion in decision-making. The Indonesian National Police (POLRI) holds the primary responsibility for law enforcement, operating within the framework of the rule of law. Investigations into crimes such as hate speech in social media rely on reports from victims or those with legal standing. Evidence gathering involves various methods, including testimony from witnesses and analysis of electronic evidence by experts. Investigators must conduct their duties transparently and accountably to uphold the principles of justice. The investigation process, as regulated by the Criminal Procedure Code (KUHAP), aims to collect evidence, identify criminal offenses, and find suspects. Investigators must adhere to legal principles, respecting the dignity and rights of suspects, who are presumed innocent until proven guilty. Arrest and confiscation are among the enforced measures to secure suspects and gather evidence, respectively, with strict adherence to procedural requirements. Confiscated items serve as crucial evidence in legal proceedings, ensuring the integrity of the investigative and judicial processes.

Criminal Aggravation for Perpetrators of Sexual Violence Crimes

aprianto nusa, Umar P, Vicky Ibrahim, Yetti S Hasan — Fri, 21 Jun 2024 11:05:17 +0700

The policy of aggravating perpetrators is to show the state's firm stance towards committing crimes of sexual violence. In reality, various punishments for sexual violence are not in line with the objectives of sexual punishment which regulate serious criminal sanctions for perpetrators of sexual violence. The perpetrator benefits from a decision that does not have a deterrent effect. The judge's consideration of imposing a sentence by taking into account the victim's role in the crime (precipitation victim) provides an opportunity for the judge to reduce the sentence of the perpetrator even though the concept of victim precipitation should be interpreted as a crime mitigation mechanism to minimize the risk of victimization. Therefore, this research aims to provide an overview of the criminal aggravation regulations, both those regulated in the Special Law on Sexual Violence and the new Criminal Code, as well as repositioning the meaning of victimization so that it does not become the basis for reducing criminal acts for perpetrators of sexual violence crimes. This research uses a socio-legal research approach with literature study techniques and in-depth interviews. The results of this research show that the concept of criminal enforcement regulated in Law No. 12/2022 concerning Crimes of Sexual Violence contains the threat of serious criminal and criminal aggravation, however this provision does not regulate the pattern of special minimum criminal threats (minima straf) while in Law No. 1 /2023 concerning the Criminal Code as a lex generalis regulates the concept of criminal punishment which can be considered as criminal aggravation, for example deelneming, concursus, and recidive

ANALYSIS OF TIKTOKSHOP CLOSURE POLICY IN SOCIAL COMMERCE AL ISTIHSAN'S PERSPECTIVE

Ainun Elisa, Sudirman Suparmin — Fri, 21 Jun 2024 00:00:00 +0700

The policy of closing Social Commerce TikTokShop is an intriguing phenomenon to be analyzed from the perspective of Al Istihsan. This study employs a normative juridical approach with a library research method to elucidate the impact of this policy on legal provisions, particularly Permendag No.31/2023, and the concept of Al Istihsan in Islamic law. Primary legal materials used in this research are relevant legal provisions related to the operation of TikTokShop, particularly Permendag No.31/2023. In the analysis, the author details the violations committed by TikTokShop against these regulations. Additionally, the author utilizes the concept of Al Istihsan as an alternative legal foundation to evaluate the TikTokShop closure policy. Through the library research method, the author outlines research findings from various sources such as books, magazines, journals, articles, and internet sources relevant to the discussed issue. The analysis results indicate that the closure of TikTokShop can be interpreted as an action inconsistent with the concept of Al Istihsan, which emphasizes justice, public interest, and the fair application of law.This research contributes to the understanding of the legal implications of the TikTokShop closure policy and illustrates the relevance of the Al Istihsan concept as an alternative perspective in evaluating legal actions. Therefore, this research is expected to serve as a reference for researchers, legal practitioners, and policymakers in designing more balanced and effective regulations in the current digital era.

RESPONSIBILITIES OF MOBILE PHONE COUNTER BUSINESSES IN MEDAN TEMBUNG DISTRICT REGARDING EXCHANGING MOBILE PHONE SPARE PARTS PERSPECTIVE OF FATWA NUMBER 112/DSN-MUI/IX/2017

Ratna Aprilia, Fatimah Zahara — Fri, 21 Jun 2024 12:47:10 +0700

This research aims to find out why business actors exchange cellphone spareparts. How responsibility of business actors in the practice of exchanging mobile phone spare parts without the customer's knowledge, review Fatwa number 112/DSN-MUI/IX2017. This research uses empirical juridical methods or also commonly called sociological juridical. The responsibility of mobile phone counter business actors regarding the exchange of mobile phone spare parts from the perspective of fatwa number 112/DSN-MUI/2017 is compensation for repairing cellphone spareparts which should not have been exchanged but were exchanged by the cellphone counter because the manufacturer tried to break the agreement at the beginning of the transaction.