Publication Search

80,083 articles from 753 journals · 2,111 citations tracked

Showing 361-380 of 435

Analytics

Sahat Maruli Tua Situmeang; Wahyudi Wahyudi; Musa Darwin Pane

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Online gambling in Indonesia has become a massive cybercrime, with financial turnover reaching IDR 976.8 trillion during 2017–2025. Behind these figures lie individual and family victims suffering material and immaterial losses, yet they are often positioned as offenders rather than protected parties. This study aims to analyze the legal framework for protecting online gambling victims, identify juridical and factual constraints in its implementation, and formulate an ideal protection model. The research employs a normative juridical method with statutory, case, and conceptual approaches. The findings indicate that Indonesian positive law does not recognize online gambling players as "victims" entitled to restitution and rehabilitation; instead, they face criminal threats under Article 303 bis of the Criminal Code and Article 27 of the ITE Law. Key constraints include the absence of an explicit definition, social stigma, weak recovery mechanisms, and minimal inter-agency coordination. This study recommends regulatory revision to distinguish between operators and victim-players, expansion of the victim definition under the Witness and Victim Protection Law (UU LPSK), and the establishment of integrated complaint and rehabilitation services under the coordination of the Ministry of Communication and Informatics (Kemenkominfo) and BSSN.

Davin Gerald Parsaoran Silalahi; Ismunarno Ismunarno; Diana Lukitasari

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

This article analyzes the criminal offense of promoting online gambling, which is currently widespread on social media. The purpose of this article is to understand the legal frameworks regarding online gambling promotion on social media. The findings indicate that the regulations are found in Article 303 of the Indonesian Criminal Code (KUHP), Article 303 Bis, Article 426 of the New Indonesian Criminal Code (KUHP Baru), and Article 27 paragraph 2, Article 427 of the New Indonesian Criminal Code (KUHP Baru), and Article 45 paragraph 3 of the Indonesian Information Technology Law (UU ITE). The research method used in this writing is legal normative research with a statutory approach and a case approach. The legal sources in this research are primary and secondary legal sources, based on various regulations and various journals and academic writings. The result of the research is that within the online gambling regulations, there is a loophole, which is referred to as the "license" in the KUHP. The online gambling regulations in the Indonesian Information Technology Law are already in accordance with this.

Stevanno Sebastian Entoh; Sari Mandiana; Jusup Jacobus Setyabudhi

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research discusses the defamation that has been committed by Haris Azhar (HA) and Fatiah Maulidyianti (FM) who in one of their YouTube video uploads entitled 'There is a Lord Luhut Behind the Economic-OPS Military Relations of Intan Jaya!!! General BIN Also There!! NgeHAMtam' has defamed and caused false suspicion against Luhut Binsar Pandjaitan. It is known that HA and FM called Luhut 'lord'. Luhut also said that material losses do not need to be calculated, but morally, accusing me of being a criminal and being called a 'lord' is very detrimental to him and his family. This research will also discuss the defamation by Haris and Fatiah when viewed from the Criminal Code (KUHP), and Law Number 11 of 2008 which has been amended by Law Number 19 of 2016. This research uses normative / dogmatic juridical research methods. This research uses primary legal materials and secondary legal materials as the legal basis for completing this research. This research also uses the Statue Approach (approach through legislation), Conceptual Approach (conceptual approach), and Case Approach (case approach). In the results of this study, it can be concluded that the actions of HA and FM can be categorized as defamation because they have fulfilled the elements of Article 311 of the Criminal Code on slander and Article 318 of the Criminal Code on false suspicion. The advice in the form of legal opinion is that the prosecutor should be able to provide charges to HA and FM related to Article 311 of the Criminal Code on slander and Article 318 on false pretenses because this can later become the basis for the Judge's decision following the prosecutor's indictment.    

Achmad Badawi; Supanto Supanto; Tika Andarasni Parwitasari

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

Criminal Law plays a crucial role in regulating the daily behavior of society, identifying actions that violate ethics and morals, and asserting that such actions can be considered crimes potentially harmful to others as legal subjects. Although assault is generally regulated in the Criminal Code as a violation of bodily integrity, there are differences in interpretation among legal experts regarding the meaning and concept of assault. The use of the judicial system to resolve cases does not always meet the expectations of perpetrators, victims, or the community in achieving justice. The emergence of the concept of Restorative Justice brings a new paradigm to the law enforcement system in Indonesia, aiming to be a holistic solution that considers the rights of both victims and perpetrators. Restorative Justice aims to restore the situation to its state before the criminal act, eliminate negative stigma, and avoid revenge. Thus, it is expected that the perpetrators can honestly admit their actions, take responsibility for their mistakes, and commit to improving themselves to avoid repeating their actions.

Moch Adhitya Rifka Wibowo; Sunarto Sunarto

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

The background of this thesis is based on the role of pretrial which functions as a social control mechanism, its implementation in Indonesia still often experiences violations. Therefore, it is necessary to carry out an in-depth analysis to identify the causes of these violations and find solutions to increase the effectiveness of pre-trials in protecting the rights of individuals who are disadvantaged in the application of criminal law in Indonesia. The problem formulation for this thesis is How pre-trial arrangements are made in positive law in Indonesia ? and What is the function and role of pretrial in criminal law enforcement in Indonesia? The research method for this thesis is Normative Juridical where the author examines phenomena related to Pre-Trial from the aspects of Legislation and Legal Principles. The results of this thesis research are that pretrial arrangements in the criminal justice system in Indonesia are regulated in Law No. 8 of 1981 concerning the Criminal Procedure Code. Pretrial, in accordance with Article 1 point (10) in conjunction with Article 77 of the Criminal Procedure Code, is the authority of the district court to examine and decide on several matters, including whether or not an arrest and detention is legal, the termination of an investigation or prosecution, as well as requests for compensation or rehabilitation. Pretrial has an important role in maintaining the balance of law enforcement powers and individual rights in enforcing criminal law. Its main function is to control law enforcement actions and procedures, ensuring justice and compliance with applicable laws. Pretrial is also closely related to the principle of Habeas Corpus which guarantees that a person must not be detained without a valid reason and must be immediately brought to justice. Through pretrial proceedings, individuals can protect themselves from arbitrary actions by law enforcement and seek redress if their rights are violated. Pretrial and the principle of Habeas Corpus together form an important part of the criminal law system in Indonesia which focuses on justice and the protection of human rights.    

Mei Rezky Kurnia Putra; Sulistyanta Sulistyanta

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

This study aims to determine the criminal responsibility of intellectual disabilities in the legal system in Indonesia and examine how the accountability of drug dealers by people with intellectual disabilities in Decision Number 290 / Pid.Sus / 2019 / PN.Tng which decided the defendant to release and Decision Number 1364k / Pid.Sus / 2017 which decided the defendant to be imprisoned, whether the judge's consideration in deciding the two cases was in accordance with Law Number 35 of 2009 on Narcotics and Article 44 of the Criminal Code. This research is a type of normative legal research that is prescriptive and applied. This legal writing uses a statutory approach and a case approach. The technique of collecting legal materials carried out is by literature study.

Putry Alviani Reihan; Mohamad Rusdiyanto U Puluhulawa; Jufryanto Puluhulawa

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

Cases of sexual violence against children, especially those with mental disorders, are a serious problem that requires attention in law enforcement and child protection in Indonesia. In this context, the lack of regulations that specifically regulate the protection of children with mental disorders creates obstacles in handling cases and protecting victims. The problem raised in this research is: how is the law enforced for criminal acts of sexual violence committed against children with mental disorders and what efforts are made by investigators in this case to fulfill the rights of victims. This research is directed towards empirical legal research and the approach used in this research uses a statutory approach and a case approach. This research was carried out at Gorontalo Police. The results of the research and discussion explain that the law enforcement process for criminal acts of sexual violence against children who also experience mental disorders involves a series of steps that take into account the special conditions of the victims. Namely, the fulfillment of the victim's rights as a child with mental disorders, including: during the investigation and inquiry process the victim continues to be accompanied by P2TP2A, Social Services, psychologists and psychologists. This proves that the child is being looked after so that there is no trauma after the incident. In Indonesia there are no regulations that explicitly regulate this matter so investigators still use Article 81 paragraph 1 in conjunction with Article 76 e or Article 82 paragraph 1 in conjunction with Article 76 e of Republic of Indonesia Law No. 17 of 2016 concerning the Determination of Government Regulations in Lieu of Republic of Indonesia Law No. 1 of 2016 Regarding the 2nd Amendment to Republic of Indonesia Law No. 23 of 2002 concerning Child Protection into Law in conjunction with Article 64 paragraph 1 to 1 of the Criminal Code. With the general stages of the law enforcement process, namely, Reporting, Investigation, Examination of Victims, Collection of Evidence, Determination of Suspects, fingerprinting process, and then it is handed over to the prosecutor's office for the court process.

Gede Arie Krishna Wirawan Putra; Jimmy Pello; Darius A. Kian

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

Medical negligence is an act of medical personnel that causes harm to others that is carried out under compelling circumstances or violates the standards of the medical profession. According to Law No. 36 of 2014 states that health workers who commit negligence can be punished by criminal, with a maximum imprisonment of 3 years and 5 years if it causes death. The main problem in this research is whether the criminal punishment against the defendant of medical malpractice is in accordance with the defendant's actions?. This research was conducted using normative juridical method with legal material collection techniques, namely with statutory and conceptual approaches, the materials that have been collected are then analyzed and arranged systematically. The results showed that the prosecutor's indictment must meet the formal and material requirements listed in Article 143 of the Criminal Procedure Code, in legal cases whether the indictment is in accordance with applicable laws and regulations or not is only determined by the judicial process, it is the court that assesses the facts or evidence in court so that it becomes valid. The panel of judges, by assessing and considering the legal facts, considered that the charges of the public prosecutor were too severe and needed to be reduced so that the purpose of the sentence could be more appropriate and provide maximum benefit.

Joana Fransiska Manek; Thelma S.M. Kadja; Deddy R. CH. Manafe

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

The purpose of this study is to analyze the legal protection for victims of fraud under the pretext of investment in the sharing and cameto applications in Weulun Village, Wewiku District, Malaka Regency. The type of research used by the author is Empirical Normative Legal research. The data sources in this research are primary and secondary data sources. The data collection techniques include; data collection through literature study and document study and primary data collection through interviews and questionnaires (questionnaires) given to sources. Analysis of data and legal materials in this study, namely using qualitative analysis in accordance with primary data and secondary data that has been obtained from the research results. Based on the results of the research, in general, victims of fraudulent investment have the right to obtain legal protection as stipulated in Law Number 21 of 2011 concerning OJK. The Investment Alert Task Force, OJK is authorized to: provide Preventive and Repressive Legal Protection. Perpetrators of criminal acts of fraud under the pretext of investment can be charged with the provisions of Article 378 of the Criminal Code Jo Article 28 paragraph (1) of the ITE Law. However, in this case the victim of the fraudulent investment fraud did not report it to the authorities. This is what causes the obstruction of the legal protection process for victims of fraudulent investment fraud. The factors that cause victims of fraud on the pretext of investment in sharing and cameto applications do not report to the police, among others; lack of understanding and knowledge (lack of information) of the community, lack of public trust, internal factors from the victims themselves.

Maria Odilia Kolo; Aksi Sinurat; Karolus Kopong Medan

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

The purpose of this research is a juridical review of legal protection of victims and perpetrators of crime based on the principle of equality before the law. This research method is normative law to answer these two main problems. This normative type of research uses qualitative analysis by explaining existing data with words or statements not with numbers. The result of this research is that the legal protection of crime victims based on the principle of equality before the law in its implementation is considered still not good or not optimal, because the protection efforts given to victims are very minimal and the guarantee of legal protection for victims or witnesses is not strictly regulated in the Criminal Procedure Code. The results showed that the legal protection given to the perpetrators of crime when compared to victims of crime has been given optimally but juridically it is still not optimal, because the legal process for the perpetrators of crime has not been applied in its entirety according to the principle of equality before the law and in law enforcement is still based on evidence not on the criminal offense that has been committed by the perpetrator.

Theresia Edelweis Putri Nurak; Aksi Sinurat; Orpa G. Manuain

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

In Decision Number: 26/Pid.B/2022/PN.Mme regarding abuse which resulted in permanent disability, the panel of judges only imposed a criminal sentence on the defendant with a prison sentence of 9 months. The problem to be studied is the basis for the consideration of the Panel of Judges and the imposition of the crime. This research aims to find out the basis for the judge's considerations and the imposition of crimes against perpetrators of abuse. The benefits of this research are theoretical and practical benefits. The type of research that will be used in this writing is a normative legal study. The types of research approaches used include the statutory approach, case approach, conceptual approach and comparative approach. The data sources used in this research use two data sources, namely primary legal materials and secondary legal materials. Whether or not the judge's decision is in accordance with the criminal act charged by the Public Prosecutor, the judge must consider aspects, namely juridical, philosophical and sociological aspects. The sentence imposed on perpetrators of torture is a maximum prison sentence of 5 years, in accordance with the contents of Article 351 paragraph (2) of the Criminal Code. The judge did not take into account the juridical, sociological and philosophical aspects as a basis for consideration in making decisions regarding Decision Number: 26/Pid.B/2022 /PN.Mme. The actual criminal sentence against the defendant is a maximum imprisonment of 5 (five) years), as stated in Article 351 paragraph (1) of the Criminal Code which states "If the action results in serious injury, the guilty person is threatened with a maximum prison sentence of five years".

Ratih Intan Gayatri; Ediwarman Ediwarman; Marlina Marlina; Wessy Trisna

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

Keeping confiscated articles related to criminal offenses involving narcotics that have been marked for destruction may lead to concerns about the potential risk of them being sold again and used by unscrupulous law enforcement officers. In reality, however, confiscated narcotics with their confirmed legal status, court- issued case dispositions, and final and conclusive verdicts, are still retained rather than destroyed, perhaps due to their minimal quantity or due to various obstacles. The authority of prosecutors is regulated in Articles 270 to 276 of the Criminal Procedure Code (KUHAP), Article 30 paragraph (1) letter b of Law No. 11 of 2021 concerning the Indonesian Attorney General's Office, and Article 91 Paragraph 1 of Law No. 35 of 2009 concerning Narcotics which provide authority in determining the status of narcotic items. The role of prosecutors is described in the Indonesian Attorney General's Office Standard Operating Procedure No. 2 of 2022 in Chapter III which includes recording, research, storage, maintenance, security, provision, return, and resolution of confiscated items. Internal and external obstacles are faced, but preventive and repressive efforts have been undertaken. Efforts are focused on resolving internal and external factors in handling narcotics evidence. The importance of the prosecutor's role in handling narcotics evidence is highlighted, emphasizing the need for more effective efforts to overcome obstacles for improvement in future handling.

Valentino Aquila De Wahyu; Aurelia Eka Junita; Amanda Destiana; Krisna Agus Setyabudi; Farrah Nidau Daini +1 more

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

The National Police of the Republic of Indonesia (Polri) is a government institution whose main task is to ensure law enforcement, security and public order, provide services as well as protect and develop. Therefore, the National Police plays an important role in ensuring security and public order and enforcing the law to create peace and justice for all Indonesian people. In every criminal case, criminal investigations must be carried out professionally, transparently and responsibly to uphold the supremacy of law that reflects a sense of justice. (1) (5) The Criminal Procedure Code explains that an investigation is a series of investigative actions used to search for and discover an incident that is suspected of being criminal in order to determine whether an investigation can be carried out according to the Criminal Procedure Code.

Nuryono Nuryono

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is still a scourge and a sore that destroys the economic joints of a country or nation. Problem formulation: 1) What is the normative basis of the authority of the District Attorney's Office in overcoming corruption; 2). What is the role of the District Attorney's Office in overcoming corruption? This research will be compiled using the normative legal research type. The data sources used are primary and secondary data. Secondary data in this study include: Primary legal materials, consisting of: Law Number 48 of 2009 concerning Judicial Power, Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia, Law Number 31 of 1999 which has been amended to Law Number 21 of 2001, Law Number 30 of 2002 concerning the Corruption Eradication Commission, Law Number 46 of 2009 concerning the Corruption Court. Research results: 1). Protection of patient rights as consumers in medical records is the existence of regulations that The normative basis for the authority of the District Attorney's Office in dealing with corruption crimes is divided into two, namely preventive handling and repressive handling. Preventive handling of corruption crimes by the prosecutor's office is an action taken within the framework before the crime or criminal act occurs, the legal basis for which is Article 30A and Article 30B letter d of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. The main umbrella is Law Number 8 of 1981 concerning the Criminal Procedure Code, especially those stated in Article 1 number 6 letters (a) and (b) of the Criminal Procedure Code. The prosecutor as a criminal investigator also serves as a public prosecutor in handling corruption crimes. So to complete his obligations, the prosecutor must cooperate with other related parties. Cooperation with other parties is called a legal relationship, because in carrying out cooperation in a rule or law that is certain in nature. Legal relations with other parties can be individuals, legal entities and other government agencies.    

Kristianto Jansen Hengkengbala

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The aim of this research is to explore how Law Number 11 of 2012 regulates the Juvenile Criminal Justice System and how juvenile criminal responsibility is regulated in the juvenile criminal justice system in Indonesia. By applying normative juridical research methods, it can be concluded as follows: 1. The Juvenile Criminal Justice System aims to achieve practical progress in efforts to optimally protect children, who are considered valuable assets for the future of the nation and state. Legal protection for children is defined as legal protection measures for various freedoms and human rights of children, as well as interests related to their welfare. 2. Criminal liability for minors who are involved in violating the law in accordance with the provisions regulated in the Criminal Code and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Children who are involved in criminal acts can still be held accountable, subject to criminal threats determined by the Criminal Code. The penalty for children is set at half the maximum penalty imposed on adults. It is important to note that life sentences and the death penalty are not applied to children in this context  

Rasina Padeni Nasution; Swity Milen; Kahyun Irgi Ramadhan; Kamilatunnisa Sitorus; Ahmadil Chandra

Jurnal Begawan Hukum (JBH) 2024 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

this article will present a discussion that focuses on the discussion of Hadith within the scope of multicultural, more precisely one of the existing multicultural values, namely about tolerance. There are several Hadiths that explain the importance of cultivating tolerance to deal with various differences. Because the Hadith is the second source of law after the Qur'an, it is necessary to analyze more deeply regarding the quality of the isnaad and its mat. Researchers use qualitative research methods, which refer to sources related to literature. The results of this study are, especially in Sahih Muslim hadith No. 1593, it can be concluded that the explanation related to the command to respect the body, even though the body comes from the Jewish religion, must still stand if the body passes, because this is one of the forms of tolerance that exists, and also respect for death itself. And there are many Isad in this Hadith that is Tsiqah, until it is concluded with Sahihul Isnad. And matan there are also syadz, even many of the Hadiths that explain a similar explanation, and there are also many verses of the Qur'an that support the exposure of the same discussion, and it can be concluded that the Hadith Sahih Muslim No. 1593 which discusses the chapter of the body, and related to this form of tolerance is Sahih.

Naufal Wahyu Nabiha; Umi Enggarsasi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Lembaga Pengembangan Kinerja Dosen

Money Laundering is an attempt to hide or disguise the origin of money or assets resulting from a criminal act through various financial transactions so that the money or assets appear as if they came from legal activities. The criminal act of money laundering is increasingly complex, and uses increasingly varied methods, one of the crimes originating from money laundering is fraud. The problems studied are how the law protects victims of fraud, what is the mechanism for confiscating and returning assets resulting from criminal acts originating from the assets of fraud victims, as well as an analysis of the basic considerations of judges in the Supreme Court decision no. 3096 K/Pid.Sus/2018. The defendant, who was proven to have not only committed the crime of "Fraud", was also proven to have committed the crime of "Money Laundering", therefore, based on the provisions of Article 39 of the Criminal Code in conjunction with Article 46 of the Criminal Procedure Code, the evidence was confiscated for the state. 

Muhamad Wahyu Andi Zulkipli

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This study discusses problems related to the application of the lex fravo reo principle in the criminal justice system in Indonesia which focuses on premeditated detention cases committed by former Kadif Propam Polri.  Ferdy Sambo, S.H., S.I.K., M.H against his own aide Brigadier Nofriansyah Yosua at the National Police Service house. This study aims to find out why the principle of lex fravo reo is needed in the criminal justice system in Indonesia and how the principle of lex fravo reo differs in the old Criminal Code and in the new Criminal Code. In this study the author used a normative juridical approach. The results in this study show that the application of the lex favor reo principle is very important in the legal system and criminal justice system in Indonesia because it strives for justice to be given equally to defendants where if there is a change in the substance of the criminal law Then the provisions in favor of the defendant apply. The principle of lex favor reo in the old Criminal Code is actually as affirmed in Article 1 paragraph (2) of the old Criminal Code, which emphasizes that if there is a change in the substance of the criminal law, then what is applied is the rule that is most beneficial to the accused. Furthermore, in the new Criminal Code, the principle of lex favor reo is also formulated in Article 3 juncto Article 618 of the new Criminal Code, which in essence is not much different from the formulation of Article 1 paragraph (2) of the old Criminal Code.

Gading Hakim Alamsyah Daulay; Karin Hanna Geofani Manullang; Lia Sari Naibaho

Jurnal Riset Ilmu Pendidikan, Bahasa dan Budaya 2023 Asosiasi Periset Bahasa Sastra Indonesia

Today's era of globalization has become one of the media used to express opinions or views. Freedom of opinion, especially on social media, is currently widely misunderstood and abused by the public, because in exercising the right to freedom of opinion, many people carry out actions which result in insults, accusations without evidence and defamation which causes loss, hurt feelings, Mental health even has an impact on suicide situations for certain individuals and groups. The problem in this research is that many social media users give opinions or views that the female artist with the real name Chintya, who is an Indonesian citizen living in Germany or better known as Bunda Corla, is a transgender. This was conveyed clearly on social media Instagram and Tiktok without supporting evidence. This is an activity of defamation, an attempt to influence other people to believe in their opinions or views to the detriment of one party. If we look at the criminal law and violations of the misuse of the right to freedom of expression on social media and the criminal sanctions for criminal acts of defamation under the guise of freedom of opinion, this already refers to 3 crimes, defamation, unpleasant acts and violations of human rights. . Persons involved in defamation cases can be charged with criminal penalties for acts of insult and/or defamation on the internet. Especially for internet users, criminal threats through Article 27 paragraph (3) in conjunction with Article 45 of the ITE Law. Through this provision, internet users can also be subject to coercive measures considering the maximum penalty is 5 years in prison. The method used in research is the literature method, data collection techniques in the form of documentation and observation. Data from observations is in the form of screenshots from social media. The results of this research show that; comments on social media are included in several violations of existing laws in Indonesia, the ITE Law article 45 paragraph 1, the Defamation Law articles 310 and 311 of the Criminal Code; Threat of Criminal Defamation in the ITE Law Article 27 paragraph (3) in conjunction with Article 45. Source of material Instagram, TikTok, primary and secondary law. This research concludes that freedom of opinion is not absolute freedom, but rather, opinion must be in accordance with ethics and norms in society and in accordance with legal regulations without harming any party. and these unpleasant acts can be prosecuted in accordance with applicable legal provisions. Freedom of opinion on Instagram and Tiktok media aimed at Mother Corla has been proven to be defamation.

Askana Fikriana; Muhammad Irsyad

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Social change is a change that occurs in the community environment, marked by the emergence of a decline in morals and social values in the surrounding environment. One of these activities is the rise of online gambling, this causes people's finances to be disrupted due to an unstable economy, but they fall into online gambling, which requires them to earn money in bad ways. As time goes by, information technology is being misused in the world of gambling, which offers several platforms through sites and applications that are spread across various social media. The aim of this research is to examine the influence of online gambling on the welfare of the Muslim community from the perspective of siyasah fiqh by using the literature study method in processing the required data and information. As found in reviewing several sources and information, there are various opinions expressed about this issue, some scholars are of the opinion that every gambling game that involves betting in the form of money or the like is prohibited, and there are also those who allow games that use thinking and strategy provided that they do not use betting. and not neglect in worshiping Allah SWT. In Islam itself, it has been explained in Surah Al-Baqarah verse 219 and Surah Al-Maidah verses 90-91 which explains about khamr and gambling, and also explains the conditions when the Prophet found the Muhajirin who were the imams of the Maghrib prayer incorrectly in reciting the holy verse Al- Qur'an due to drunkenness. Gambling and similar activities that cause harm are regulated in government law as stated in Article 303 of the Criminal Code which regulates and provides sanctions to perpetrators who are involved in gambling, in order to create a calm and peaceful community life.