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Bintang Okta Ramadhani; Intan Rosari Andini; Nazwa Felinda; Ricy Hilmayandani; Sephia Wulandari +1 more

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Adultery, which in Islam is defined as sexual intercourse outside of a legal marriage, is one of the major sins. Islamic law strictly prohibits and imposes severe sanctions on perpetrators of adultery, both men and women. In the Qur'an, adultery is referred to as an act that damages morals and social order. Sanctions for perpetrators of adultery in Islamic law are included in the category of hudud punishments, which have fixed provisions from Allah and are strictly regulated in the Shari'a. The purpose of this study is to analyze how Islamic law imposes sanctions on adultery and the role of these punishments in maintaining the morality of society, to examine how the Criminal Code in Indonesia regulates adultery, and to consider the differences in sanctions applied in positive law, to compare the perspectives of Islamic law and the Criminal Code in dealing with cases of adultery, both in terms of legal substance and enforcement in Indonesia, to identify the relevance of each legal system in dealing with adultery in the modern era, considering the differences in culture and views of society. In Islamic law, adultery has very severe sanctions. If the perpetrator of adultery is a married person, the punishment is stoning or stoning to death, while for those who are not married, the punishment is 100 lashes. This research method uses a qualitative approach with a normative juridical method to analyze the comparison between Islamic law and the Criminal Code in regulating adultery. The results of this study indicate that Islamic law emphasizes the importance of testimony and strong evidence in the process of enforcing the punishment for adultery, namely that there must be four witnesses who directly witnessed the act. Meanwhile, in the Criminal Code, adultery is not given the same severe sanctions as in Islamic law. The Criminal Code only provides imprisonment for adultery perpetrators who are proven guilty, especially if the act involves married parties. Article 284 of the Criminal Code regulates a maximum prison sentence of nine months for those who commit adultery. Unlike Islamic law, the Criminal Code focuses more on maintaining public order and family honor than on individual morality according to religion.

Michele Gisela Dubu; Rudepel Petrus Leo; Orpa Ganefo Manuain

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The world has entered the era of modernization and affects increasingly sophisticated technology and information, but this has resulted in many individuals who abuse the internet as a means of committing crimes, one of which often occurs is cyberbullying  or (cyberbullying). The crime of cyberbullying  has been regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning the ITE Law and the Criminal Code (KUHP) which is elaborated to become the basis for authorized law enforcement in enforcement efforts. This research is an empirical juridic research. The location of the research in the East Nusa Tenggara regional police area, the data collection method is by interviews, documentation studies and observations. The collected data is then analyzed and then presented in a qualitative descriptive manner. The results of the research on law enforcement through 2 stages, among others, preventive efforts and repressive efforts, then inhibiting factors in law enforcement, among others, limited budget and tools for investigation and investigation so that it is difficult to find evidence if the perpetrator uses a fake account without personal data or phone number, besides that Article 74 of the Criminal Code has regulated the expiration of the complaint offense so that the victim must immediately report the crime he has experienced. As for the suggestion, it is hoped that the consistent active role of law enforcers to socialize rules and ethics in the use of social media and maximize law enforcement efforts for perpetrators of criminal acts to the court stage. The government can make a special formula related to the expiration of complaints for cyberbullying  cases in the ITE Law. It is hoped that the public will have a high legal awareness in the use of social media so as to prevent criminal acts committed through cyberspace.    

Aditia Widya Tama

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes the legal application in determining cases of sexual harassment in Bekasi under the Indonesian Penal Code (KUHP), given the high prevalence of such cases in the region. Using descriptive-analytical methods and statutory and conceptual approaches, the research identifies how criminal law is applied in addressing sexual harassment, challenges in investigation processes, and Islamic law perspectives on this phenomenon. The data includes primary, secondary, and tertiary legal materials obtained through literature studies. The findings reveal that while the KUHP provides sufficient provisions for handling sexual harassment cases, its implementation faces significant challenges, including limited legal awareness, social stigma, and lack of evidence. The study highlights the need for a more comprehensive approach to addressing these cases, including regulatory reforms supporting justice for victims and stricter sanctions for perpetrators. In conclusion, strengthening criminal law and raising legal awareness are essential to improving the effectiveness of law enforcement in sexual harassment cases in Indonesia.

Ludgardis Goo Nembo; Bhisa Vitus Wilhelmus; Debi F.Ng. Fallo

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Banking is one of the financial services companies that has provided services to the community and businesses, Behind this development there are various legal problems related to information crime and electronic transactions in the banking sector, Skimming is the act of stealing debit or credit card information by accessing an independent cash machine and copying the information contained on the magnetic stripe of the debit card or credit belonging to the customer (victim) illegally to have control over the customer's (victim) account. The application of the law to the crime of ATM skimming is regulated in Article 362 of the Criminal Code (KUHP) regarding the crime of theft. This research is a type of normative judicial research supported by a normative approach by using primary legal materials, secondary legal materials and tertiary legal materials as data sources. This study uses a prescriptive method, which is an analysis method that provides an assessment (justification) about the object being researched whether it is true or false, or what should be according to the law. The results of the study show that (1) Skimming is a magnetic stripe crime that exists on ATM cards illegally to have control over the card or the account by duplicating the ATM card or by installing a hidden camera to find out the ATM PIN of the customer or victim. (2) Strategies to prevent unauthorized access and early detection of suspicious activities can be applied to reduce the incidence of criminal acts and effective cyber security is to strengthen the network and security system. This can include investing in cutting-edge security technologies, such as robust firewalls, active network monitoring, and security programs that can detect suspicious attacks. In addition, organizations also need to involve their employees in cybersecurity efforts.    

Maulana Maulana; Tamam Tamam

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This journal aims to enhance public understanding of the limitations of necessary defense (noodweer) in the context of robbery crimes (begal) in Indonesia. Necessary defense is a concept in criminal law that allows individuals to protect themselves or others from unlawful attacks that threaten safety, honor, or property. In the context of robbery crimes, where victims often face direct threats to their lives and safety, it is crucial to understand the conditions that must be met for this defense to be legally valid. This research employs a normative legal approach with an analysis of the Indonesian Penal Code (KUHP) and related literature. The findings indicate that while necessary defense is recognized in law, its application must consider proportionality and the underlying circumstances of the actions taken. Thus, this paper aims to provide a better understanding of necessary defense in robbery cases and its implications for law enforcement in Indonesia.

Seri Mughni Sulubara

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Ransomware attacks are an increasingly complex and costly global threat. International reports show a 300% increase in the frequency of ransomware attacks in the last five years (for example, data from IBM Security or Kaspersky). This threat not only blocks data access through encryption, but also jeopardizes privacy. This research will also examine the criminal law aspects associated with ransomware attacks, including the possible prosecution of the perpetrators of the attacks and the legal liability for victimized organizations. The theoretical study in the research titled "Personal Data Protection in Ransomware Cases: What Does the Law Say?" covers the theory of legal protection of personal data. The research method uses normative legal research that examines applicable regulations, namely the Criminal Code, ITE Law, PDP Law. This research refers to the case of a ransomware attack that hit Bank Syariah Indonesia (BSI), where the Lock Bit hacker group managed to steal the personal data of more than 15 million customers. This attack resulted in significant operational disruption to the bank's services. Ransomware is categorized as an act of extortion in accordance with Article 368 of the Criminal Code and Article 27 paragraph (4) of the ITE Law. The ITE Law and the Criminal Code are not considered to specifically regulate ransomware, although the articles (such as extortion and hacking) can be used to ensnare the perpetrators Collaboration between the government, the private sector, and the cybersecurity community is needed to build an early detection system for ransomware threats.

M. Abdul Hasyim; Nur Handayani; M. Syahrul Borman

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to explore legal protection for children as perpetrators of gang violence, with a special focus on cases involving martial arts schools. Gang violence involving children and martial arts schools often poses complex challenges in terms of law and child protection. The research methods used are normative and empirical legal research. The type of research used by the author is normative or doctrinal legal research. The data in this study were obtained through library research so that the research data came from secondary data, namely District Court Decision No. 11 / Pid.Sus-Anak / 2023 / PN Mjk). The results of the study indicate that the application of criminal law based on District Court Decision No. 11 / Pid.Sus-Anak / 2023 / PN Mjk) relating to formal criminal law and material criminal law is appropriate, because the procedural procedures and the application of articles in the decision are in accordance with the Criminal Procedure Code, the Juvenile Criminal Justice System Law, and the Child Protection Law. Then, related to legal protection for children, the fulfillment of children's rights has not been implemented optimally.    

Erni Susanty Tahir; Puput Mulyono

DIAGNOSA: Jurnal Ilmu Kesehatan dan Keperawatan 2024 International Forum of Researchers and Lecturers

practicing license in a self-employed capacity. In order to prevent medical malpractice an activity or practice that is incorrect or deviates from the proper provisions or procedures dental experts adopt a professional approach. What constitutes criminal culpability for dental and oral therapists who engage in medical misconduct while working independently is the problem statement for this study. Determining criminal culpability for dental therapists who engage in medical misconduct while working independently is the goal of this study. The relevant law approach, the conceptual approach, and the problem approach are the research methods employed. According to the research findings, dental therapists must be held criminally responsible for any violations of their obligations that resulted in criminal acts while practicing independently. Articles 359 and 360 of the Criminal Code outline the criminal penalties that apply when a dental or oral therapist makes a mistake (negligence) that causes patients to suffer serious injuries or pass away. The therapist faces a maximum prison sentence of five years or a maximum prison sentence of one year. It goes without saying that criminal law theory must be followed in order to establish the criminal liability of dental experts for breaching their duties or engaging in careless behavior while working independently.The study's conclusion is that dental therapists must adhere to all applicable regulations when conducting their private business; if they do not and endanger patients, they will be held accountable and subject to criminal penalties.

Imelda Kusuma Sari; Rusmilawati Windari

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Narcotics crime in the military environment is a serious offense that not only violates general criminal law, but also violates the code of ethics and discipline of Indonesian National Army (TNI) soldiers. This study aims to analyze the basis of the judge's consideration in imposing additional punishment of dismissal against TNI soldiers who commit narcotics crimes. The research method used is normative legal research using a statutory approach and a conceptual approach where cases that have permanent legal force (inkracht van gewijsde) are studied by the author from the judge's consideration to the verdict. The results of this study indicate that the rationality of the judge's consideration in imposing additional punishment of dismissal is based on several fundamental aspects: (1) The impact of actions on military institutions (2) Factors of violation of the code of ethics and discipline of TNI soldiers (3) Consideration of professionalism and integrity of TNI soldiers.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Alifia Syifaurrohmah; Amanah Cantik Lintang Cahyani; Surya Gilang Ramadhan

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Citizenship plays a crucial role in the legal system and judicial process of any country, including Indonesia. This abstract examines the impact of citizenship status on legal processes in Indonesia, detailing how citizenship affects various aspects of law enforcement, particularly in the context of criminal offenses. In Indonesia, the legal system categorizes individuals as Indonesian citizens (WNI) or foreigners, with each category receiving different legal treatment in criminal cases. In criminal law contexts, the difference in citizenship status can influence several factors, including jurisdiction, legal treatment, and specific rights afforded to both offenders and victims. For Indonesian citizens, legal proceedings are generally conducted under national law, referring to the Indonesian Criminal Code (KUHP) and other relevant statutes. Conversely, foreign nationals involved in criminal acts in Indonesia are subject to special regulations that govern how these cases are handled, including international cooperation and extradition. This study reviews pertinent regulations and judicial practices in Indonesia and explores how citizenship status affects the legal rights of offenders and victims, as well as the procedural aspects of the legal system. The research method used is a qualitative approach, involving case studies and normative analysis. Case studies will include analysis of various criminal cases involving individuals with different citizenship statuses, both Indonesian citizens and non-citizens. Data will be collected through literature reviews, interviews with legal practitioners, and analysis of legal documents and court decisions. The research also addresses the challenges faced in implementing laws related to citizenship status, including issues of human rights, legal protection, and justice. The findings suggest that while Indonesian law provides different treatments based on citizenship, there is an urgent need for harmonization and reform to ensure that legal processes are fair and transparent for all individuals, regardless of their citizenship status. This insight offers guidance on how the Indonesian legal system can be improved to ensure consistent legal protection and justice for all individuals involved in criminal cases.

Sanusi Sanusi; Mukhidin Mukhidin; Fajar Ari Sudewo; Ervin Hengki Prasetyo

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Civil law is a branch of law that regulates relations between individuals or legal entities in terms of their personal interests. In civil law, a contract is considered a legal agreement between two or more parties who give each other promises to do or not do something. This research uses normative methods with qualitative research methods which use primary legal material sources, such as laws and the Criminal Code as well as secondary materials, such as books and journals. Contract law is an agreement between two or more people which creates an/an obligation to do or not do a specific thing. There are elements that are considered valid and binding. This includes the existence of an agreement from two or more parties, the desire or aim of the parties for legal consequences to arise, the legal consequences of the agreement only bind the parties and do not bind third parties, and certain agreements must be made in accordance with the law. There are legal principles in contract law, including freedom of contract, consensualism, and pacta sunt servanda. The conclusion is that contract law contains elements that are considered valid and principles in making agreements as well as the influence of written evidence in making a contract which provides legal certainty and as proof of the agreement. There are two main doctrine in contract law, classical and contemporary doctrine. The classical doctrin emphasize the legal certainty to be the core of legal issue in contract law. The doctrine noted that every single purpose of parties should be stated in contract in order to put binding eJect to the parties. It also distinguish the concept of breach of contract and tort. The petition for breach of contract should be based on the concept of breach of contract instead tort. In reverse, the contemporary doctrine emphasize the justice and appropriateness aspect in a contract. It recognized the contract as the whole process held by pre-contractual phase, contractual phase, and post- contractual phase. Hence, it realize the existence of impact toward promises stated by one party to others which is distinctly diJerent to the classical doctrine that neglect the impact of pre- contractual. The contemporary doctrine eliminates the distinguishing of breach of contract and tort as the basic of the sue because breach of contract was the specific genus of tort.

Imelia Damai Agusthin; Dinda Christy Nada; Nadia Ananda Putri

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The digitalization of the banking sector, driven by the Fourth Industrial Revolution, has significantly impacted the ease of financial transactions through digital banking services. However, this progress also creates vulnerabilities to cybercrimes, particularly phishing, which aims to steal customers' personal data via fake websites or messages. This article examines relevant legal frameworks, including Law No. 19 of 2016 on Electronic Information and Transactions (EIT Law), the Indonesian Criminal Code (KUHP), and regulations issued by the Financial Services Authority (OJK), such as POJK No. 12/POJK.03/2018 on Digital Banking Services. Employing a normative qualitative approach, the study explores the legal protection available to customers as phishing victims and the responsibilities of banks in preventing and addressing such threats. This article recommends strengthening banks' technological security systems, enhancing customers' digital literacy, and enforcing laws more effectively to establish secure and reliable digital banking services.  

Agatha Melinda Soebesky Uras; Orpa Ganefo Manuain; Rosalind Angel Fanggi

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze  the role of the prosecutor's office in determining the right to restitution for the crime of trafficking in persons based on case number 27/Pid.sus/2019/PN.Kpg. This research is a normative legal research (library research) supported by empirical data. This research focuses on the Role of the Prosecutor's Office in Determining the Right to Restitution for the Crime of Trafficking in Persons. The approach used in this study is the case approach. This research uses primary legal materials, secondary legal materials and tertiary legal materials. This legal research is analyzed using the  Content Analysis legal material analysis technique. The results of this study show that (1) The existence of restitution is contained in Law Number 21 of 2007 concerning Trafficking, Article 4 of Perma No. 1 of 2022, and is contained in the Criminal Procedure Code. (2) The role of the prosecutor's office in determining the right to restitution of victims in the crime of trafficking in persons is to inform the victim of their rights in submitting restitution applications to the court, so that the suggestions that can be given to law enforcers, especially the Public Prosecutor, should be given socialization or training regarding Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons, especially the provision of restitution,  so that there is a common perception in handling cases of human trafficking.

Verdy Hengky Kalele; Zainal Arifin Hosein

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the comparison between unlawful acts (PMH) in criminal law and civil law in Indonesia, focusing on the differences in definitions and the elements that constitute unlawful acts in both legal systems, as well as the implications of the application of PMH in each field of law. The research method used is normative juridical, with legislative and conceptual approaches to examine the provisions in the Criminal Code (KUHP) and the Civil Code (KUHPer). This study identifies fundamental differences in objectives, sanctions, and legal subjects involved, as well as their impact on individual and societal interests. The research findings show that although there are similarities in the basic principles regulating PMH, significant differences lie in the nature of the sanctions imposed, where criminal law emphasizes prevention and punishment, while civil law focuses on compensation and recovery of losses. This research provides insights into how these two legal systems complement each other in maintaining justice and order in Indonesia.

Khusnul Khusy Pit’ay; Aksi Sinurat; Debi F. Ng. Fallo

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Timorese tribe has a pamali or prohibition not to be related or marry the same clan in one tribe or blood relations for people who are related by blood will be subject to customary sanctions by the traditional chief. The case of incest rape occurred in Nuapin Village, Fatumnasi District, South Central Timor Regency, this rape resulted in the victim experiencing an unwanted pregnancy by the victim and her family because the victim was pregnant with a child from her blood family which is prohibited in Timorese customary law, so she chose to have an abortion. Law No. 36 of 2009 concerning health and its Implementing Regulations excludes the act of abortion due to rape even though it is prohibited in the Criminal Code. In this case, the act of abortion is carried out as a result of incest rape and will be reviewed based on customary criminal law. The type of research used in this study is empirical research with a sociological juridical approach, namely field research whose object is about events and phenomena that occur in society. Data collection was carried out with two events, namely interviews with 4 people and literature studies. The data obtained were then presented in a qualitative descriptive manner. The results of this study show that: (1) The existence of criminal law prohibits the legalization of abortion due to incest rape, abortion is only allowed in emergency medical conditions in accordance with Law Number 36 of 2009 and Government Regulation Number 61 of 2014. (2). The legality of customary criminal law for abortion due to incest is carried out in Nuapin Village because it is considered to violate customary and pamali law.  

Nuri Yani

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The right to life is one of the human rights stated in the constitution of the Republic of Indonesia. In Indonesia, abortion is generally prohibited by law. However, for rape victims, abortion is considered an option that needs to be considered to protect the victim. However, until now there is still legal uncertainty regarding the gestational age limit for abortion for rape victims. The problem formulated is how the law protects victims and the implications of regulatory inequality. Using a normative legal approach, the theoretical study examines human rights, reproductive health, and feminism, which emphasizes the victim's right to choose abortion to reduce suffering. The results of the discussion show the unclear rules on gestational age in the Health Law and PP No. 28 of 2024, which differs from the 14-week limit in the Criminal Code. In conclusion, harmonization of regulations is needed to provide legal certainty for victims and medical personnel in carrying out abortions.

Oktovianus Kelfin Tully; Jimmy Pello; Bhisa V. Wilhelmus

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Fishing using toxic hazardous materials is a criminal offense of "illegal fishing", which violates the provisions of Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries. This was also carried out by the Defendant with the initials JLLF based on the Decision of the Kupang District Court Class 1A with case number: 239/Pid.Sus/2020/PN Kpg. This research is a normative juridical research, so the data sources used are primary data sources, secondary data, and tertiary data. Primary data is obtained from several legal rules such as the Criminal Code (Criminal Code), Law Number 45 of 2009 concerning Fisheries and Court Decisions, secondary data is obtained from libraries, journals, and the internet, and tertiary data is obtained from dictionaries, wikipedia, and encyclopedias. The data were analyzed in a descriptive-qualitative manner. The results of this study show that (1) Criminal liability for fishing perpetrators using toxic hazardous materials in Article 84 paragraph (1) of Law of the Republic of Indonesia Number 45 of 2009 concerning Amendments to Law of the Republic of Indonesia Number 31 of 2004 concerning Fisheries is in accordance with the elements contained in the formulation of the article. (2) Basis for Judge's Consideration in the Request for Criminal Liability for the Crime of Fishing with Toxic Hazardous Materials in Decision Number: 239/Pid.Sus/2020/PN Kpg. Judging from the elements contained in the articles of indictment as well as aggravating and mitigating matters.

Dela Sari Day; Orpa G Manuain; Adrianus Djara Dima

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze legal protection for patients in health services in Sabu Raijua Regency. This research is an empirical  research supported by  an empirical legal approach using primary data in the form of interviews with related parties and secondary data in the form of literature books, research journals, laws and regulations, the internet, dictionaries of articles or newspapers. which was obtained using interview methods and document studies and processed and analyzed in several stages, namely editing, data systematization, verification and interpretation and analyzed in a qualitative descriptive manner. The results of the study show that (1) Legal protection for patients in health services in Sabu Raijua Regency is contained in Law Number 17 of 2023 concerning Health, Law Number 73 of 1958 concerning Criminal Law Regulations for All Regions of the Republic of Indonesia and Amending the Criminal Code (KUHP), Law Number 1 of 2023 concerning the Criminal Code (KUHP),  Burgelijk wetboek voor innesie (Civil Code). (2) Implementation of Legal Protection for Patients in Health Services in Sabu Raijua Regency Although it has been protected, in reality there are still shortcomings, namely it has not been implemented.

Agnes Rosalia; Muhammad Fajar Hidayat

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Management of Sedimentation Results in the Sea, Sedimentation Results in the Sea are sediment in the sea in the form of natural material formed by weathering and erosion processes, which are distributed by oceanographic dynamics and deposited which can be taken for use prevent disruption of ecosystems and shipping. The use of marine sedimentation in its regulation refers to the business licensing aspect issued by the Minister by establishing planning documents, regulated in the Regulation of the Minister of Maritime Affairs and Fisheries of the Republic of Indonesia Number 33 of 2023 concerning Implementing Regulations of Government Regulation Number 26 of 2023 concerning Management of Sedimentation Results in the Sea. In managing and protecting the sea, every activity at sea pays attention to the balance and preservation of the sea, if a violation occurs, it is subject to administrative and criminal sanctions. Criminal liability for illegal sand exports refers to Article 158 of Law Number 4 of 2009 concerning Mineral and Coal Mining, beside, several primary legal materials can be used for law enforcement against sand mining, namely, the Criminal Code (KUHP), Law Number 32 of 2009 concerning Environmental Protection and Management, and the other national regulations that has same meaning of this crime.

Maliki Sirojudin Agani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The issue of criminalizing victims of sexual violence through the use of defamation charges is gaining public attention because it is often used to silence victims who try to share their experiences. This article describes how defamation provisions in the Criminal Code and the Electronic Information and Transactions Law are often used as instruments of Strategic Lawsuits Against Public Participation (SLAPP) directed at victims, making victims even more vulnerable. The study uses a normative approach to assess the effectiveness of legal protection in the Sexual Violence Criminal Law (TPKS Law). The results of the analysis show that the TPKS Law does not explicitly include an anti-SLAPP mechanism, leaving open the possibility for the reported party to file a counter-report against the victim. Studies of the SPI, KPI, and Baiq Nuril cases show a recurring pattern, namely the use of defamation articles as a means of silencing victims and slowing down the process of exposing sexual violence. This article proposes an anti-SLAPP clause based on a progressive interpretation of the anti-revictimization principle in the TPKS Law. This proposal is reinforced by the push for the application of an early dismissal mechanism for reports that show strong indications of intimidation, so that victims receive maximum protection in the legal process.