SciRepID - Scientific Publication Search

Publication Search

46,045 articles from 408 journals · 1,447 citations tracked

Showing 1-10 of 10

Analytics

Arifin, Arifin; Khasanah, Dian Ratu Ayu Uswatun; Pongantung, Ronald Jolly

DINAMIKA HUKUM 2025 Universitas Stikubank

Cases of non-performance of contract. on the part of the aggrieved party bring the case to the criminal realm. The charge reported is the fraud article, even though the criminal offense has not been fulfilled. So that it has the potential to cause wrong criminalization, the main problem is the inaccurate use of the fraud article against defaults which are basically civil. The research method uses normative juridical with decision analysis and criminal and civil law studies related to non-performance of contract. and fraud. The results show that non-performance of contract. can only turn into a criminal offense of fraud if there are elements of intent, bad faith, use of deception, or falsification of agreements with the intention of benefiting oneself against the law. Therefore, law enforcement officials should be careful in distinguishing non-performance of contract. and fraud cases to avoid abuse of the law that harms the parties concerned. The hopes and solutions proposed are proportional law enforcement by paying attention to the element of malicious intent in determining criminal offenses, as well as legal education to the public so that they understand the difference between the civil and criminal domains in contractual disputes.

Alfathin Zakiy; Syahranuddin Syahranuddin; Rahul Ardian Fikri

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study analyzes the legal review of legal protection for motorcycle owners in cases of embezzlement. To anticipate the development of society in relation to changes in crime, efforts can be made to plan the creation of criminal law that accommodates all the dynamics of society. This is a policy issue, namely regarding the selection of means in regulating social life. The crime of theft is regulated in the Criminal Code book II chapter XXII Articles 362 to Article 367. Indonesia is a country that is included in the category of developing countries and of course cannot be separated from the problems that have been raised above. Crimes that occur in developing countries are still relatively high. Therefore, it is not surprising that the problem of crime or criminality in Indonesia is a result of the life of its people. Crime can be interpreted criminologically and juridically. One example of a crime is the crime of embezzlement which is regulated in Articles 372 to 377 of the Criminal Code.  The normative juridical research method with a descriptive approach, this study reveals that legal protection for motorcycle owners in embezzlement cases is based on Article 372 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law. The concept of imposing criminal penalties on embezzlement crimes in Indonesia. Article 372 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law. Thus, the judge sentenced the defendant to 3 (three) years in prison.

Rizka Febriana; Syarif Dahlan; Noviana Noviana

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Regulatory changes through Law No. 3 of 2024 concerning the Second Amendment to Law No. 6 of 2014 stipulate an extension of the village head's term of office from six to eight years. This policy is intended to strengthen leadership stability and the sustainability of village development, but also raises concerns regarding reduced leadership circulation, weakened community political participation, and increased potential for abuse of power. This research uses empirical legal methods with sociological, conceptual, and case-based approaches, conducted through field observations and in-depth interviews with village officials, community leaders, MSMEs, and residents of Kerato Village. The results show a diverse response from the community. Some support this policy because it is seen as providing the village head with the opportunity to complete development programs sustainably. However, others reject it, arguing that term extension has the potential to reduce the quality of local democracy, limit leadership regeneration, and reduce the frequency of community political participation. The discussion emphasizes the dilemma between village government stability and the principles of participatory democracy. In conclusion, this policy is ambivalent: positive in maintaining development continuity, but risky for accountability and community participation. Therefore, strengthening the function of the Village Consultative Body (BPD), transparency, and effective oversight mechanisms are very necessary to maintain the balance between government stability and village democracy.

Nunung Futrianti; Lahmuddin Zuhri; Hanuring Ayu

Journal of Civil Criminal Law 2025 International Forum of Researchers and Lecturers

The right to health services for residents of Senawang Village and evaluating the legal protection mechanisms that can be taken by residents of Senawang Village due to the lack of health services, the type of research used is empirical legal research. The approach method used is a sociological approach and a legislative approach, the type of data is primary data, secondary data and tertiary data. While the data collection techniques are in the form of interviews, literature, and documentation. Finally, with the analysis of the data obtained from this study, it can be concluded that the fulfillment of the right to a healthy life is a basic right that must be guaranteed, because health is part of the primary needs of every human being, which is clearly regulated in Article 28 H paragraph (1) of the 1945 Constitution and Law of the Republic of Indonesia Number 17 of 2023. However, the reality in the field shows that the implementation and implementation of these various policies is still far from expectations. This shows a gap between the ideal regulations on paper and their implementation in real life. Therefore, synergy between infrastructure policies and health services is crucial because without concrete improvements in the infrastructure sector, the goal of realizing equitable, fair, and high-quality access to health services for all Indonesians will be difficult to achieve.

Ahmad Pahmi; Hartanto Hartanto; Uyan Wiryadi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

One example of a case of falsified documents in the issuance of overlapping land certificates occurred in East Luwu Regency and was raised in court through Decision Number 90/Pid.B/2020/PN MII. In this case, it was discovered that land certificate falsification was carried out by a land mafia, resulting in the emergence of two certificates for the same plot of land. This practice not only harms the legitimate owner but also creates laws and gives rise to complex agrarian conflicts. This research uses a normative juridical method, with an approach based on laws and court decisions. The results show that the preservation was an intentional act carried out by one party, with the aim of controlling land rights that did not belong to him. In the decision, the perpetrator was found guilty and sentenced because it was also proven to have falsified documents, as stipulated in Article 263 of the Criminal Code (KUHP). From this case, it can be concluded that law enforcement against overlapping duplicate certificates is very important to ensure legal certainty and protection. Protection efforts for land rights holders are carried out through a land registration process that complies with procedures based on Law Number 5 of 1960 concerning the Principles of Agrarian Law. Compliance with these procedures can provide a strong basis for identifying legitimate rights holders and preventing future damage, including cases of overlapping certificates caused by document falsification. To prevent the recurrence of similar cases, it is necessary to improve the monitoring system and digitize land data comprehensively by the National Land Agency (BPN). An integrated digital-based land system can minimize the opportunity for the issuance of duplicate certificates for a single plot of land, because all land rights data can be accessed and disclosed transparently and in real time.

Dielasy Budiarti; Dede Mahdiyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The COVID-19 pandemic has accelerated the vaccination program in Indonesia as an effort to mitigate the health crisis. However, this emergency has also opened up opportunities for the widespread circulation of illegal and counterfeit vaccines, threatening public safety. This article aims to analyze the legal implications of this phenomenon through a normative-empirical approach using case studies. Three main cases are analyzed: the 2016 national counterfeit vaccine case, the 2021 illegal COVID-19 vaccine sales case in North Sumatra, and the falsification of COVID-19 vaccine certificates that occurred between 2021 and 2022. The analysis focuses on identifying legal loopholes, weaknesses in the oversight system, and their consequences for human rights protection and the integrity of public health programs. The results show fragmented oversight of vaccine distribution, weak transparency in the vaccine supply chain, and legal sanctions that have not provided a significant deterrent effect on perpetrators of health crimes. These conditions not only threaten individual safety but also undermine public trust in the national vaccination program. Inconsistent law enforcement and weak inter-agency coordination have exacerbated the situation. Therefore, efforts are needed to strengthen stricter regulations, increase synergy between supervisory and law enforcement agencies, and secure an integrated and transparent health information system. These measures are expected to ensure the security of vaccine distribution and enhance the accountability of the vaccination program in Indonesia, thus optimally protecting the public's right to health.

Yulia Christy Shintara Aruan; Suci Ramadani; Rahmayanti Rahmayanti

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The criminal act of falsifying administrative documents related to civil registration is a form of crime that has serious implications for the order of state administration, public trust, and the validity of civil registration data. This study aims to analyse the motives and driving factors of perpetrators in falsifying administrative documents related to civil registration through the application of strain criminology theory. The research method used is normative legal research with a criminological approach, supported by a literature study of relevant laws, regulations, doctrines, literature, and court decisions. The results show that the falsification of administrative documents is influenced by the gap between the cultural goals of society—such as obtaining employment, education, and social status—and the limitations of available legal means. Social pressure, economic conditions, and negative experiences such as frustration and bureaucratic obstacles encourage individuals to commit illegal acts as a form of adaptation. In addition, other contributing factors include weak social control, opportunities created by an ineffective administrative system, and the influence of a permissive social environment on forgery practices. The conclusion of this study confirms that the crime of falsifying administrative documents is not solely an individual problem, but also a structural and systemic one. Therefore, prevention efforts must be comprehensive, not only through strict law enforcement, but also by improving the administrative system, strengthening bureaucratic oversight, and reducing the socio-economic pressures faced by the community.

Ni Nyoman Ari Triantari; Junior B Gregorius

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the decisions of judges at the First Instance Court and the Cassation Level related to the crime of forgery of customs documents in Decision Number 185/PID.SUS/2016/PN.JAK.UTR and Decision Number 294 K/PID.SUS/2018. This study uses the Normative Juridical Legal Research Method by utilizing laws and regulations and judges' decisions and using the theory of criminal acts and the theory of punishment. The formulation of the problem in this study is, how is the consideration of the Panel of Judges at the First Instance Court so that the defendant is released from all charges by the Public Prosecutor, and how are the arguments of the Public Prosecutor's cassation memorandum and the legal considerations of the Panel of Judges at the Cassation level so that they impose a criminal sentence on the defendant. This study found that, the legal considerations of the Panel of Judges in Decision Number 185/PID.SUS/2016/PN.JAK.UTR which acquitted the Defendant from all charges of the Public Prosecutor because according to the Panel of Judges' considerations, all the tools and evidence revealed in the trial were in accordance with the provisions of the Criminal Procedure Code, both Article 184 of the Criminal Procedure Code and the conviction of the judge referred to in the provisions of Article 183 of the Criminal Procedure Code, and according to the theories of criminal acts and theories of punishment that the Defendant was not legally and convincingly proven to have committed the crime of falsifying customs documents. The arguments of the Public Prosecutor's cassation memorandum emphasize that Judex Facti applied the law incorrectly so that the Legal Considerations of the Panel of Judges of the Supreme Court in the Cassation Decision Number: 294 K/PID.SUS/2018 imposed a criminal sentence on the defendant because the Panel of Judges of the first instance (Judex Facti) applied the law incorrectly, therefore the Defendant was proven legally and convincingly guilty of jointly committing the crime of falsifying Customs documents as stipulated in Article 103 letter a of Law of the Republic of Indonesia Number 10 of 1995 concerning customs, as amended by Law Number 17 of 2006 in conjunction with Article 55 Paragraph (1) KE-1 of the Criminal Code.

Anfa’un Nisa’ Fidinir Rahman; Syariffudin Syariffudin; Fathol Bari

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This research aims to find out the regulations regarding deepfake crimes in Indonesia and to find out the ideal regulations regarding deepfake crimes in the future. This technology, which is increasingly developing rapidly, can essentially make it easier to do anything. Apart from that, technological developments can cause serious problems, one of which is the misuse of deepfakes which are part of artificial intelligence. Deepfakes certainly harm many people, starting from victims whose identities are used by fraudsters, to victims who suffer material losses. The absence of regulations governing deepfakes means that state protection for victims of this crime is still in doubt. This research uses a normative legal research method which uses 3 (three) approaches, namely the statutory approach, the comparative approach and the conceptual approach. This research uses data collection techniques through library research. This research uses descriptive data analysis techniques by presenting data and information as a description of the research subjects and objects which are arranged systematically so that they can be understood. This research also uses a prescriptive analysis method, namely by providing arguments on the research results that have been described. The results of this research show that Indonesia has not yet explicitly regulated deepfake crimes. Indonesia only regulates falsification of personal data in general in the ITE Law which is a derivative of the 1945 Constitution of the Republic of Indonesia.

Purnomo Purnomo; Zainal Arifin Hosein

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses the effectiveness of implementing administrative sanctions to overcome fraud practices by health facilities against National Health Insurance (JKN) participants in Indonesia. Fraud practices involving claim manipulation, bill inflation, and falsification of diagnoses result in losses for JKN participants and reduce the quality of health services. This study identifies challenges in supervision, regulatory weaknesses, and obstacles in law enforcement that affect the effectiveness of the administrative sanctions imposed. Based on the analysis, this study recommends regulatory reforms that include the implementation of stricter sanctions, strengthening supervision with information technology, and increasing outreach programs to raise awareness of the impacts of fraud. It is expected that with this reform, the JKN system can run more effectively and reduce fraud practices that are detrimental to all parties.