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Edwin Setiawan; Hartiwiningsih Hartiwiningsih

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

The rapid development of information technology has brought significant changes, particularly in the area of cybercrime, such as electronic document forgery. This research explores the role of digital forensics and information technology in proving electronic document forgery crimes in Indonesia, using a normative legal research approach. The study employs both a statute approach and a conceptual approach to analyze the effectiveness of digital forensics in uncovering electronic crimes. The findings show that while digital forensics plays a crucial role in investigating electronic document forgery, there are several complex challenges in its implementation. One of the major obstacles is the limited number of certified digital forensic experts in Indonesia, with only 147 professionals qualified in this field. Additionally, the existing legal regulations have not kept pace with the rapid advancements in digital technology, which poses significant challenges to enforcement efforts. The study identifies various technical barriers, such as the complexity of forensic technologies, the volatile nature of digital evidence, and the ever-evolving techniques used by cybercriminals. These factors complicate the process of proving electronic crimes and pose difficulties for investigators. In response to these challenges, the research recommends strategic measures such as strengthening the capacity of forensic laboratories, harmonizing legal regulations with technological advancements, and improving the competency of human resources in both technological and legal fields. The study contributes to the development of a conceptual framework for cyber law enforcement, providing a comprehensive perspective on the challenges faced in proving electronic crimes in the digital age. The research aims to inform policymakers in crafting more effective and adaptive law enforcement strategies.

Moh. Nuruddin; M. Sholehuddin

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

The settlement of carok as part of Madurese society is very important to analyze. This study aims to determine the social impact on the families of carok perpetrators in the perspective of criminology. The second objective is to determine the role of community leaders and the police in minimizing threats and taking preventive action against the families of carok perpetrators in Madura. The research method used in this research is the type of empirical legal research. The results showed that: First, from a criminological perspective, carok can be categorized as a crime. Carok in this case can be subject to articles of the Criminal Code related to crimes against the body and crimes against life. According to labeling theory, families of carok perpetrators are usually labeled by the community as families of criminals who are usually dubbed as “Kaloarga Tokang Carok”. Second, Kiai in carok cases plays a role in reconciliation and mediation efforts between the families of carok perpetrators and the families of carok victims to minimize threats to the families of carok perpetrators. The Sampang Police, among others, conducted counseling with the perpetrator's family and collaborated with community leaders.

Sielly Budi Prameswari; Galuh Kartiko

Proceeding of the International Conference on Economics, Accounting, and Taxation 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Ethics in face-to-face discussion learning for accounting students finds new challenges when AI has been widely used. This study aims to determine the dimensions of legality, ethics, and behavior of AI use in accounting students' discussions. This study is exploratory descriptive. Primary data were collected through interview methods. Secondary data was obtained through a literature study. Respondents were 3rd-semester students of the accounting study program who had not taken the Professional Ethics course. The findings from the legal aspect show that there is a legal vacuum related to the results of AI's work. Therefore, the results of AI's work are owned by users who download it and agree to the terms and conditions that apply to the AI ​​installed on their devices. In this regard, we recommend the implementation of the Work Made For Hire Doctrine. The Ethics Aspect is still related to the legal vacuum aspect, so students need rules or initial agreements in using AI in face-to-face discussion activities. The result strengthens the evidence of deontological ethics in Accounting students. The benefits of using AI from the results of this study are to increase class activity, so that lecturers are expected to elaborate on the use of AI in their lecture methods. Another positive side of using AI is because the answers are too broad and often inconsistent, this condition triggers students’ critical thinking. On the other hand, students generally use AI to save time. Therefore, it is recommended that accounting student lecturers provide a different perspective on the importance of studying lecture material, and emphasize the assessment of each individual based on the process, not on the result.

Rahayu Kojongian

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

This article critically examines the implementation of Law No. 35 of 2014 on Child Protection in Indonesia, focusing specifically on the challenges and strategies for protecting the rights of street children, with a particular emphasis on the context of Kendari City. Using a normative legal and socio-legal research approach, combined with a criminological perspective on vulnerability and exploitation, this study analyzes the effectiveness of the existing legal framework, educational interventions, and social support mechanisms. Key findings reveal that despite a strong legal foundation, significant gaps remain in the practical fulfillment of street children's rights due to socio-economic determinants, inadequate resource allocation, and coordination complexities. The article highlights the crucial role of non-formal education and victim-centered approaches in addressing child criminal exploitation. Comparative insights from international standards, such as the UNCRC and restorative justice principles, underscore the challenges of universal implementation while offering pathways for improved protection. Recommendations include strengthening inter-agency collaboration, expanding tailored education programs, and fostering greater community engagement to ensure a more just and protective environment for all children.  

Muhammad Jarnawansyah

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

Human Trafficking is a crime in the form of human transaction. In Indonesia order to ensnare perpetrators of human trafficking, we use Law Number 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking. The purpose of this study is to determine and analyze the factors that cause human trafficking, the consequences of human trafficking crimes and how to overcome human trafficking crimes in the perspective of criminology, the negative impacts of human trafficking on the social environment. This study uses a normative legal research method, the data used is primary data. The analysis technique used is a qualitative approach. The results of this study are that human trafficking crimes seen from a criminological perspective can be associated with many things, including lack of awareness of poverty, low education, the desire to get rich quick, cultural factors, law enforcement. Human trafficking prevention can be classified into two types. Preventive prevention efforts are all efforts to reduce the space for movement and opportunities for crimes to be committed, and repressive prevention efforts are actions taken by law enforcement officers after a crime or criminal act has occurred. In eradicating and reducing trafficking, cross- country cooperation is also needed.

Magdhalena Tasik Todingrara

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

Restorative justice or restorative justice, is an approach that emphasizes restoring losses experienced by victims, reintegrating perpetrators into society, and repairing social relationships damaged by criminal acts. In contrast to the retributive approach which focuses on punishment as retribution for legal violations, this research aims to analyze the concept of mediation as an alternative for resolving criminal acts from a restorative justice perspective and the effectiveness of mediation in reducing the burden on the courts and increasing the efficiency of the criminal justice system. This research is a type of normative legal research that uses a conceptual approach. The data source used in this research is secondary data. The results of this research are that mediation as an alternative for resolving criminal acts from a restorative justice perspective has great potential to create more substantive and sustainable justice. Mediation is an effective tool for reducing the burden on courts and increasing the efficiency of the criminal justice system. By providing a faster, more cost-effective and flexible dispute resolution mechanism, mediation not only helps reduce the backlog of cases in court, but also creates more satisfactory solutions for victims and perpetrators.

Maniah Maniah; Erniyanti Erniyanti

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

The notary profession in Indonesia is experiencing a critical transformation driven by technological advancements, changing legal landscapes, and the imperative of modernization. This research comprehensively examines the current regulatory framework governing notaries, analyzing the multifaceted challenges and potential opportunities for substantive reform in the contemporary legal ecosystem.The study employs a mixed-method approach, integrating qualitative legal analysis, comparative research, and empirical investigation to provide a holistic understanding of the notary profession's evolving role. Through in-depth examination of existing regulations, stakeholder interviews, and comparative international perspectives, the research identifies key systemic barriers and innovative pathways for professional development.Critical findings reveal significant challenges, including technological adaptation gaps, regulatory inflexibility, and inconsistent professional standards. The research highlights the urgent need for a dynamic regulatory approach that balances traditional legal principles with emerging digital authentication technologies. Key opportunities emerge in areas such as blockchain-based document verification, comprehensive digital skills training, and adaptive professional development frameworks.The study proposes a comprehensive reformation strategy encompassing technological infrastructure development, professional skills enhancement, and regulatory modernization. Recommendations include establishing dedicated innovation units, implementing mandatory technology training programs, and creating flexible regulatory mechanisms that can rapidly respond to technological and professional landscape changes. By providing a nuanced analysis of the notary profession's current state and future potential, this research contributes critical insights to the discourse on legal professional modernization in Indonesia. The findings underscore the essential role of strategic, forward-looking reforms in ensuring the continued relevance, effectiveness, and integrity of notarial services in the digital era.

Mappasessu Mappasessu

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research explores the role of digital technology and artificial intelligence (AI) in transforming Islamic family law practices, with a focus on efficiency, accessibility, and justice. This study aims to analyze how technology supports administrative processes, legal decision-making, and public literacy toward Islamic law. The method used is a multidisciplinary approach that integrates the perspectives of sharia law, technology, and ethics. The results show that digital technology improves efficiency through document digitization, online registration, and virtual hearings, while AI makes a significant contribution through big data analysis to understand family dispute patterns and offer algorithm-based recommendations. However, there are challenges related to algorithm bias, data security, and compliance with sharia values. The study emphasizes the importance of collaboration between scholars, technology experts, and legal practitioners to ensure the adoption of technology that is aligned with maqashid al-shariah, in order to create an adaptive and inclusive Islamic family legal system in the digital era.

Dandy Saputro; Rosita Candrakirana

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

The practice of dentists in Indonesia is an important concern in the health care system, especially regarding consumer protection. Dentists often provide services that exceed the limits of their authority, potentially endangering public health. This article aims to analyze the urgency of legal protection for consumers of health services in dental practices based on a normative perspective and the implementation of applicable regulations. This research uses normative juridical methods with statutory, conceptual and case approaches. The research results show that even though there are regulations such as Law no. 8 of 1999 concerning Consumer Protection and Minister of Health Regulation no. 39 of 2014, implementation is still less effective. This is caused by weak supervision, minimal public knowledge regarding consumer rights, and non-compliance by some dentists with regulations. Therefore, it is necessary to strengthen regulations, increase supervision by the government, and educate the public to realize optimal legal protection for consumers of health services.

Dwi Mika Elencia Sirait; Ojak Nainggolan

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Implementation of Law no. 35 of 2009 concerning Narcotics in Medan City is an important issue in the context of legal protection for children involved as narcotics dealers. This research aims to analyze how the narcotics law is applied in cases involving children, as well as things that are considered in the law enforcement process and how criminal proceedings are carried out in the juvenile criminal justice system. This research provides an in-depth understanding of the application of special regulations, namely Law no. 35 of 2009 concerning Narcotics, while still considering Law no. 11 of 2012 which regulates the Juvenile Criminal Justice System. This approach aims to ensure legal protection for children involved in narcotics crimes, so that the law can be applied fairly and protect children's rights. This research utilizes empirical juridical legal methods, where the main data is obtained through direct interviews with judges serving at the Special Class IA Medan District Court, thus enabling researchers to obtain relevant and in-depth perspectives regarding the application of this law in real practice in the judicial environment.

Gilang Gemilang; Sumarno Sumarno; Suci Ramadhani

The International Conference on Education, Social Sciences and Technology 2024 International Forum of Researchers and Lecturers

The rampant corruption that continues to be demonstrated by public officials makes it seem as if the law has run out of ways to overcome it. And corruption is a type of crime that is only committed by people who have high intellectual capacity and ability. They continue to try how to avoid corruption crimes, so one of the methods they use is the pattern of giving gifts which is actually intended as a form of bribery. This study analyzes the concept of bribery and gratification and the parameters that differentiate between the two as regulated in several Articles of the Corruption Eradication Law. This involves the application of normative legal research supported by court decisions to clarify the differences. The results of this study indicate that bribery requires a meeting of minds between the bribe giver and the bribe recipient which is not found in the decision . The reporting mechanism and reversal of the burden of proof do not apply to bribery while the sting operation does not apply to gratification because it cannot meet the provisions of Article 1 number 19 of the Criminal Procedure Code. Criminal sanctions are also imposed on both the giver and the recipient of the bribe, while the act of the giver of gratification is not a criminal act. Keywords: reversal of burden of proof, caught red-handed, reporting mechanism .

Giska Fajari; Irwan Triadi

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

Drones are a new technology that can pose a threat to the sovereignty of many countries. Therefore, preventive efforts are necessary for a government to safeguard its interests. In this context, Indonesia needs to establish a legal framework from an international legal perspective, supported by national positive law, to mitigate the use of drones. The research, conducted through a normative-judicial analysis approach, concludes that a considerable number of legal instruments are aimed at protecting Indonesia from drone threats. However, Indonesia's military capability is not yet fully equipped to enforce the mandates of these laws. Consequently, the approach that can be taken is to prohibit drones altogether because they violate human rights and harm society.

Dina Agustian; Nesa Pebiola; Novi Fitriani; Putri Padilah

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

Interfaith marriage is a complex issue with far-reaching legal, religious and social implications. This research analyzes the role of Islamic law in addressing interfaith marriage, focusing on the dynamics between harmonization and conflict. Through a literature review and survey, this research identifies the factors that influence the acceptance or rejection of interfaith marriage from an Islamic perspective. According to the questionnaire survey results, the majority of respondents rejected interfaith marriage absolutely, reflecting the strong traditional views in the Muslim community. However, there are also groups that allow these marriages under certain conditions, such as one of the couple converting. This shows the plurality of views in Islamic society regarding the issue of interfaith marriage. This shows the dynamics between religious norms and complex social realities in the context of interfaith marriage globally. Although Islamic law generally prohibits interfaith marriage, social practice shows that there are variations in its application.

T. Ikhsan Ansyari Husny; Yasmirah Mandasari Saragih; Fauzan Fauzan; Muhammad Faiz Hadi; Ayanda Shiro Kamarullah

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Corruption is an unlawful act to enrich or obtain one-sided benefits, corruption has rules that have specific characteristics, both regarding formal (procedural) and material (substance) criminal law, law enforcement of corruption in Indonesia depends on the Criminal Justice System itself, from investigation then prosecution, and examination in court and the implementation of the punishment. The formulation of the problem in this study is how the pattern of law enforcement against corruption in the perspective of criminal law in Indonesia, and how efforts and criticism of the eradication of corruption in Indonesia. This research method is descriptive and normative juridical approach, with legal materials as secondary data. relating to law enforcement against criminal acts of corruption in the Indonesian criminal justice system. the criminal justice system in Indonesia is not yet competent in handling criminal acts of corruption because instead of subsidizing, corruption cases in Indonesia are increasing. this is because the four criminal justice systems in Indonesia lack coordination and supervision, and the sanctions given are still considered not optimal so that they have not caused a deterrent effect on the perpetrators and the effect of public satisfaction.

Elverda Nadifa Rosyadi; Era Titis Cahya Rani; Fanny Putri Natasya; Edlin Andini Tiara Patiung

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Cross-border digital trade is increasingly happening and is in demand by Indonesian people. The implementation of the memotarium as a form of suspension of import duties on digital goods has had a significant impact on the implementation of international digital trade. The policy of extending the memotarium by the World Trade Organization (WTO) will certainly greatly influence the implementation of digital transactions in Indonesia and the legal policies that regulate this matter. This writing provides an understanding of the impact of the extension of the memotarium by the WTO on the implementation of digital transactions in Indonesia and Indonesia's regulatory arrangements in implementing the extension of the memotarium by the WTO. This problem will be studied through normative methods of literature study with an international trade law perspective through the study of legal regulations, journals, books and previous research. This writing will discuss Indonesian legal regulations as a form of implementation of the extension of the memotarium by the WTO as well as the impact felt by Indonesian digital transactions due to the extension of the memotarium by the WTO. The originality of the research explains the Indonesian regulations governing this matter and the influence of the memotarium extension on Indonesian digital transactions.

Lidia Rumapea; Margaret Pangaribuan; Muthia Ivana Zhara; Moria Debora Siahaan; Putri Intan Siringo Ringo +2 more

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Law plays a crucial role in enhancing public participation in local governance by providing a clear framework for citizen engagement in decision-making, oversight, and the fulfillment of their rights. This study examines the application of legal frameworks to improve public involvement in regional governance, focusing on the Indonesian context. Using an empirical juridical method, the research combines normative analysis of laws and empirical data from interviews and observations. Findings reveal that responsive legal products and participatory processes are essential to fostering public engagement in regional development. Key challenges include limited public awareness, bureaucratic inefficiencies, and inconsistent implementation of legal provisions. Addressing these issues through public education, transparent governance, and stronger legal enforcement can significantly improve participation rates. This paper highlights the importance of integrating legal and social perspectives to create inclusive and effective governance at the local level.

Ali Ad Dhar; Ayu Hijrani Salamah

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

The husband's obligation to provide for his wife is one of the primary responsibilities in marriage, as regulated by various legal systems and religious values. However, challenges arise when a husband is in a state of economic poverty and unable to meet the family's basic needs. This article aims to explore how the concept of provision (nafkah) is applied in such situations from the perspectives of Islamic law, state law, and social norms. Based on a literature review, it is found that Islam provides flexibility for impoverished husbands to strive within their capacity, while emphasizing the importance of communication, mutual understanding, and cooperation between husband and wife. Furthermore, the responsibility to provide is not solely material but also includes emotional and spiritual aspects. This article also highlights the need for community and state support in creating social protection systems for impoverished families to ensure their welfare. Thus, the husband's responsibility to provide is not only viewed as an individual duty but also within the framework of collective responsibility.    

Muhammad Hafiz Fajar Hidayah; Maulana al-Ghifari Harahap; Mutiara Liza; Rini Fadila Tunnisa Harahap; Ayu Hijrani Salamah

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The practice of “All You Can Eat” (AYCE) is a food serving model where customers pay one fixed price to enjoy various types of all-you-can-eat dishes within a certain time limit. This concept has become a global trend and is widely implemented in Indonesia, especially in Japanese and Korean themed restaurants. As a modern form of muamalah, AYCE raises questions in the perspective of Islamic law because it involves aspects of economic transactions that must fulfill the pillars and conditions of buying and selling according to Islam. This study examines the mechanism of AYCE, starting from the payment system, time policy, and additional rules such as fines for uneaten food. In addition, it discusses the application of the pillars and conditions of buying and selling in Islam, which include clarity of goods, valid contracts, and voluntary consent of the parties involved. The main focus is on the potential element of uncertainty (gharar) in AYCE practices, especially regarding the different portions of food consumed by customers, which forms the basis of the Islamic legal analysis of this concept. This research aims to provide a comprehensive view of the relationship between the AYCE concept in the light of Islamic law.

Taufik Taufik; Akbarizan Akbarizan; Hidayatullah Ismail

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

There are two types of marriage guardians: first, nasab guardians, namely guardians whose guardianship rights are based on blood relations. Such as, his biological parents, or also wali aqrab and ab'ad (closest or distant relatives). Second, the wali hakim is a guardian whose guardianship rights arise because the bride's parents refuse (adhal) or are absent, or for other reasons that physically exist but the guardianship rights do not exist. The emergence of the Itsbat Nikah provision is also related to the issue of the status of marriage registration. There are two views on the issue of the status of marriage registration, the first view states that marriage registration is only an administrative requirement, not a condition for the validity of a marriage, so marriage registration is only a process of obtaining evidence that a marriage has been carried out by someone, while the second view states that marriage registration is a valid condition for marriage. In this discussion, the author focuses on the consideration of judges who grant itsbat nikah cases where the previous marriage was held using an unofficial guardian or not the KUA head. This is not in accordance with article 23 of the Compilation of Islamic Law “(1) The new guardian judge can act as a marriage guardian if the nasab guardian is absent or impossible to present or his residence is unknown or absent or adlal or reluctant”. The Applicant's marriage guardian in the marriage contract was another person (a local community leader named Selan) due to the Applicant's non-Muslim biological father. The judge considered it as follows:  that a kiyai, cleric or community leader who acts as a marriage guardian in Islamic law is known as wali muhakkam, namely someone who is appointed by the prospective husband and wife to act as a guardian in their marriage.    

Deski Bertolens Tungga; Thelma S.M Kadja; Heryanto Amalo

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

According to data obtained from the Food and Drug Supervisory Agency (BPOM), the total number of illegal cosmetics and/or containing prohibited/dangerous ingredients during the period from October 2021 to August 2022 was more than 1 million pieces with an economic value of IDR 34.4 billion. BPOM also followed up on findings based on reports from several drug and food supervisory authorities in other countries. Based on the report, as many as 46 (forty-six) cosmetics were withdrawn from circulation because they contained prohibited ingredients, microbial contamination, or were counterfeit cosmetics. During the same period, BPOM also carried out cyber patrols. This cyber patrol was carried out on website, social media, and e-commerce platforms to trace and prevent the circulation of illegal cosmetics and BPOM found and blocked (takedown) 83,700 links to the sale of illegal cosmetic products and containing prohibited/dangerous ingredients with a total product amount of 6.5 million pieces and an economic value of Rp 296.9 billion. This proves that there are still many illegal cosmetic products that contain harmful ingredients and do not have a distribution permit.  This research is a normative legal research supported by a statutory approach (statute approcach) which uses secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials that collect laws and regulations related to the legal issues at hand, case studies, collecting books, journals, dictionaries and other related literature. The legal materials that have been successfully collected are analyzed, namely description, interpretation, evaluation and systematic. The results of this study show that (1) Based on the form of consumer protection from the criminal aspect, there are five forms of consumer protection, namely: Protection against Unsafe Products; Fraud and Fraud Violation of Clear and Correct Information; Violations of Consumer Rights; Abuse of Power or Dominant Position, as well as unfair business practices. Criminal sanctions aim to provide a deterrent effect to business actors who harm consumers. (2) Based on the perspective of criminal law, the actions of DM business actors who have circulated illegal cosmetics without a distribution permit in decision number 572/Pid.Sus/2022/PN Smr, violate the provisions of Article 197 of Law Number 36 of 2009 concerning Health, which has affirmed that every person who deliberately produces and/or distributes pharmaceutical preparations and/or medical devices without having a distribution permit as mentioned in Article 106 paragraph (1) is criminally punished imprisonment for a maximum of (fifteen) years and a maximum fine of Rp.1,500,000,000,- (one billion five hundred million rupiah).