SciRepID - Scientific Publication Search

Publication Search

49,117 articles from 425 journals · 1,447 citations tracked

Showing 1-20 of 31

Analytics

Herlambang Herlambang

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

The resolution of disputes in infrastructure projects requires an effective mechanism to ensure smooth project implementation. The fraudulent bank guarantee case in the Pandaan-Malang Toll Road project revealed weaknesses in public procurement oversight, where PT Setdco submitted a falsified bank guarantee, potentially causing losses to the Ministry of Public Works (PU) amounting to IDR 26.09 billion. This study aims to evaluate the effectiveness of arbitration as a dispute resolution mechanism in this case. The research employs a descriptive-analytical method with a qualitative approach, utilizing primary data such as arbitration documents and contracts, and secondary data from legal literature and media reports. The findings indicate that arbitration conducted through BANI provided a fast, fair, and binding solution for the disputing parties. However, the effectiveness of arbitration relies on the supervision of award implementation and regulations supporting accountability. In conclusion, arbitration can be a reliable mechanism for resolving infrastructure disputes if supported by an adequate system.

Ni Made Noviana Wulandari; I Ketut Kasta Arya Wijaya

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Document forgery is one of the criminal offenses that can damage the integrity of the legal system, affect public trust, and disrupt social order. This study aims to review the criminal law regulation related to document forgery in the Criminal Code (KUHP) and identify challenges in law enforcement. Based on the analysis of Articles 263 and 264 of the Criminal Code, it is found that criminal law in Indonesia has clearly regulated document forgery, by providing criminal sanctions to perpetrators who create, alter, or use fake documents for fraudulent purposes. However, the implementation of criminal law related to document forgery cases still faces various obstacles, such as limited evidence and the development of information technology that requires regulatory adjustments. Therefore, efforts are needed to strengthen the law enforcement system, improve legal education to the public, and adjust the rule of law to technological developments. This research provides suggestions to improve the efficiency of handling document forgery cases through strengthening coordination between legal institutions and updating relevant regulations.

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).

Fitri Ida Laela; La Ode Risman

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

So the problem is whether the judge's consideration is based on the elements of a criminal act. carried out continuously in the decision is correct and appropriate and whether the conviction given by the judge in the decision is correct. The data was processed qualitatively, while the conclusion was drawn using deduction logic. Based on the judge's consideration that the testimony of the witnesses' testimony of the defendant, documentary instructions and the existence of evidence and facts were revealed at the trial.

Ladyva Rizqina Dinissa; Susilowati Suparto; Etty Haryati Djukardi

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Contract law plays a key role in trade and business. Failure to fulfill obligations in an agreement, known as default, can include non-fulfillment, delays, or performing actions not aligned with the agreement. The aggrieved party is entitled to seek compensation for the default. In a service agreement case resolved through arbitration, the Respondent was found to have defaulted. Despite both parties agreeing to all terms and performing the contract without objection, the Respondent was ordered to pay compensation under Article 1248 of the Civil Code, which includes the concept of "fraud." The author aims to analyze how default in service procurement is resolved through arbitration and whether the arbitral panel’s decision to impose compensation is justified according to the Civil Code and the contract. The research employs a normative legal approach, focusing on literature and statutory regulations. The findings show that both parties committed default, yet the arbitral panel only adjudicated the Respondent, as the Claimant was not counter-sued. Moreover, the Respondent's actions cannot be classified as fraud. The compensation imposed by the arbitral panel based on Article 1248 of the Civil Code should be seen as abuse of circumstances, not fraud..

Glaidy Angelina Nayoan; Nur Mohamad Kasim; Zamroni Abdussamad

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

Due to the quick advancement of digital technology, online purchasing and selling has become easier. Online transactions do, however, come with a number of drawbacks, including fraud, mismatches between products and their descriptions, and privacy violations. With reference to Law Number 8 of 1999 on Consumer Protection, the purpose of this study is to examine the legal safeguards that Indonesian consumers have when making purchases online. The study's results, which were obtained using a normative juridical research methodology with an emphasis on statutory regulatory analysis, indicate that while the Consumer Protection Law creates a basic legal framework, more oversight and regulations are necessary to ensure its greater efficacy when applied in the digital sphere.

Murshal Senjaya

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

The legal framework has significant potential to address cybercrime with the help of Artificial Intelligence (AI), which increases the efficiency of detecting, investigating and prosecuting increasingly sophisticated cybercriminals. This technology can perform big data analysis, pattern recognition and identification of suspicious behavior, but the legal framework needs to be updated to cover new crimes such as AI-based fraud and automated cyberattacks. The challenges in law enforcement related to the misuse of AI are quite complex, especially due to the lack of specific regulations to regulate its use in the context of cybercrime. Existing regulations often do not cover new situations, thus reducing the effectiveness of law enforcement. To overcome these challenges, legislators need to update regulations and develop ethical guidelines, while international collaboration and capacity building of law enforcement through education and training are also essential to increase the effectiveness of handling cybercrime.

Jennie Aurellia Zaneta

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

This article discusses the development of an internal control system as an effort to overcome the risk of fraud in the company. Through in-depth analysis of existing policies, procedures and practices, this research identifies key elements that can strengthen organizational integrity. Using a case study approach, this article shows how implementing effective controls, employee training, and reporting mechanisms can increase transparency and accountability. The results of this research conclude that a comprehensive internal control system not only reduces the risk of corruption, but also encourages an ethical culture in the work environment, thereby supporting the company's sustainability and reputation.

Fikri Ardiansyah

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Preventing acts of corruption in the office environment involves a series of strategic steps to create a culture of transparency and accountability. These efforts include implementing a code of ethics, training on integrity, and strict supervision of the decision-making process. In addition, the application of information technology to monitor financial transactions and reports can help detect potential fraud. By building awareness and commitment of all employees towards preventing corruption, organizations can increase public trust and create a healthier work environment. Preventing acts of corruption in the office environment is a crucial step in creating good governance and improving institutional integrity. Corruption can hinder economic growth and damage public trust. To prevent this, a comprehensive approach is needed, including implementing transparency policies, strengthening supervisory systems, and ethical education for employees. In addition, an organizational culture that supports openness and accountability must be built. This research discusses effective strategies that can be implemented to minimize the risk of corruption, including the use of information technology and participation in community oversight. The results are expected to provide recommendations for government and private agencies in strengthening efforts to prevent corruption

Michael Pedrin

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is one of the most destructive social, political and economic problems in various countries. Corruption is also a serious problem faced by all countries in the world, and Indonesia is one of them. Corruption is not only an act that violates the law, but also violates moral values, destroys trust, and hinders domestic progress. Efforts to eradicate corruption in Indonesia have been carried out in various ways, but until now corruption still occurs in various ways and is carried out by different political parties and institutions. Corruption poses several dangers, including threats to society, individuals, the younger generation, politics and the country's economy. In Law Number 31 of 1999, criminal acts of corruption are classified into the following categories: financial damage, bribery, embezzlement from public office, extortion, fraud, procurement disputes, gratification. Eradicating corruption requires integrated law enforcement, international cooperation and harmonious regulations. Not only international cooperation, but increasing effectiveness in preventing corruption, community involvement is needed. Public participation in supervision and stricter law enforcement can create an anti-corruption system. By involving the community we can strengthen transparency and minimize acts of corruption

Rosianna Evanesa Sihombing; Made Gede Subha Karma Resen

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

This research aims to analyze consumer protection in e-commerce in Indonesia, focusing on the obstacles in implementing consumer protection regulations in e-commerce in Indonesia. It also aims to analyze and evaluate the challenges related to compliance and oversight in the application of consumer protection regulations. In the digital era, e-commerce transactions have rapidly evolved, but this has also led to various consumer protection issues, such as fraud and a lack of transparency. For that reason, appropriate regulations are needed to protect consumers. This research employs a normative-descriptive research method, utilizing both the statute approach and the conceptual approach. The author uses the statute approach to analyze the applicable laws related to e-commerce and consumer protection, while the conceptual approach is used to explore the ideal concept of consumer protection in the context of digital transactions. The research results indicate that although regulations related to e-commerce are in place, the main challenge lies in the less-than-optimal implementation and oversight. Obstacles such as a lack of human resources and monitoring technology, as well as the complexity of cross-border jurisdictions, are factors that complicate effective consumer protection. Therefore, there is a need for efforts to improve legal infrastructure and stricter oversight to ensure that consumer rights are protected within the e-commerce ecosystem in Indonesia.

I Gusti Made Darwin Damareksa Putra; Dewa Gede Pradnya Yustiawan

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

This research is intended to examine and gain a deep understanding of the different types of legal protections applicable to online game account transactions affected by fraud and scams, both prior to and following the establishment of agreements, by referring to the current laws and regulations in Indonesia. The scope of this legal protection includes preventive measures as well as the reinstatement of consumer rights in transactions impacted by fraud or scams, within the framework of national law. The study aims to clarify the various forms of legal protection available to consumers and the legitimacy of online game account transactions according to Indonesian law. Furthermore, the research explores the processes involved in online game account transactions and the definitions and features of scams and fraud from both civil and criminal legal perspectives. It also integrates various pertinent laws, including the Consumer Protection Law, the Information and Electronic Transactions Law, the Civil Code (KUHPerdata), and the Criminal Code (KUHP), along with recent updates to the newly established Criminal Code.

Stefanus Edwin Ferdianto L; Dewa Gede Pradnya Yustiawan

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

The purpose of this study is to find out efforts to provide legal protection to consumers who experience losses due to business actors, namely elements that are irresponsible, act recklessly and arbitrarily so that it causes harm to consumers, clearly violates and is not in accordance with applicable laws and regulations. apply and regulations. Law Number 8 of 1999 concerning Consumer Protection (UUPK) which regulates how consumer rights must be fulfilled and the obligations of corporate actors must be carried out in accordance with what has been regulated in it, applies in Indonesia and regulates customers. The perfect example of an online retailer or marketplace that operates honestly, straightforwardly and correctly is PT Grab Toko Indonesia (Grabtoko). As a business actor who has the responsibility to enforce his agreement with customers, Grabtoko does not carry out this commitment properly. It has been determined that Grabtoko is deceiving people who fall for the fake news ads it offers in its advertisements. The fraudulent activities carried out by Grabtoko have fulfilled the fraud requirements stipulated in the UUPK, including default, use of internet-based electronic media in transactions, loss of one party, and incompatibility of trading goods with representatives of the parties. 

Dio Afriyanto Minta; Agustinus Hedewata; Sukardan Aloysius

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

This study aims to (1) find out the role of business actors in making misleading promotions according to Law Number 8 of 1999 concerning Consumer Protection, and (2) to find out the legal protection for consumers in Kupang City against misleading information provided by business actors through product promotion based on Law Number 8 of 1999 concerning Consumer Protection. This study uses an empirical judiciary method using primary data and secondary data. The results of the study show that (1) The role of business actors in making misleading advertising promotions is depicted in practices such as false advertising, deceptive practices, and fraudulent advertising. Business actors have a role in creating advertisements that do not match reality, providing incorrect information, and manipulating consumers to make purchase decisions without correct information. The impact includes harming consumers, damaging market integrity, and potentially harming the overall business image. Mistakes in this kind of marketing practice not only violate consumer protection laws, but can also shake consumer trust and affect market fairness and integrity, and (2) In the face of misleading information from business actors through product promotion in Kupang City, legal protection for consumers is essential, especially with reference to Law Number 8 of 1999 concerning Consumer Protection. This law provides a legal basis to protect consumers from dishonest and harmful advertising practices. By emphasizing principles such as benefits, fairness, balance, security, consumer safety, and legal certainty, the Act creates a foundation for consumer protection.

Junaedi Junaedi

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

Gambling is not only prohibited by Islamic law but gambling is also prohibited by law. Online gambling in Indonesia has a widespread, deep and pervasive impact, like an octopus. The dangers of gambling grip various aspects of individual and societal life, creating complex and layered problems. From financial and mental health losses to family breakdown and increased crime.Online gambling is the act of gambling carried out online via a website or application that provides gambling content. Please note that online gambling is an act that is prohibited based on the provisions in Article 27 paragraph (2) of the ITE Law, namely that every person intentionally and without right distributes and/or transmits and/or makes accessible electronic information and/or electronic documents containing content. Gambling.The largest online gambling market in the world with gross online gambling revenue globally is estimated to reach US$102 billion or the equivalent of IDR 1,563.35 trillion in 2021 (exchange rate IDR 15,327/US$).The UK is recorded as the largest online gambling market in the world with revenues of US$12.48 billion, the United States (US) with revenues of US$10.96 billion, and Australia US$6.55 billion. Meanwhile, the largest online gambling players in Indonesia are in the West Java region, estimated at 535,644 people, with transactions of IDR 3.8 trillion, DKI Jakarta, with 238,568 players with transactions of IDR 2.3 trillion, Central Java has 201,963 players with transactions of IDR 1.3 trillion. Trillion, Banten 150,302 players with transactions of IDR 1.02 trillion, and East Java 135,227 players with transactions of IDR 1.05 trillion.The dangers of Gambling in terms of increased crime, many individuals are trapped in huge debts due to gambling which triggers and spurs them to turn to criminal acts such as theft, fraud, and even violence to earn money, creating an unsafe social environment.

Rindy Baruadi; Moh. Rusdiyanto U. Puluhulawa; Vifi Swarianata

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

This research aims to determine criminal acts of fraud with the motive of counterfeiting Qris Barcodes in terms of the aspect of prevention through the Indonesian Criminal Law. This research is normative research which is analyzed descriptively, using a law and case approach. The results of the research are that regulations regarding criminal acts of fraud are generally regulated in Article 378 of the Criminal Code, and to strengthen the legal basis it can be accommodated through Article 35 of Law Number 19 of 2016 concerning Information and Electronic Transactions. As a special law, the ITE Law is at least a guideline and legal basis for members of the public in carrying out activities in the online world. Overcoming the occurrence of criminal acts of online fraud is carried out with preventive (non-penal) and repressive (penal) efforts. Repressive efforts in this case are regulated based on Article 35 of the ITE Law and Article 378 of the Criminal Code. Meanwhile, preventive efforts are carried out by taking precautions so that criminal acts of online fraud can be minimized without applying criminal law, but rather by carrying out preventive efforts before the criminal act occurs, such as improving the community's economy, socializing to the public how to use the internet properly and the characteristics of electronic transaction-based criminal acts of fraud.

Muh Fadli Faisal Rasyid

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

This study aims to provide a comprehensive understanding of cybercrime and to propose actionable strategies that strengthen law enforcement's response in an increasingly digital world. The study systematically analyzes existing legal frameworks and enforcement strategies to assess their efficacy in addressing these complex crimes. It highlights the gaps in legislation and the limitations of current technological capabilities that hinder effective law enforcement. By addressing these challenges collaboratively, law enforcement can enhance its effectiveness in safeguarding society against the evolving landscape of cyber threats. Enforcement agencies in combating it. It examines the types of cybercrimes prevalent in the digital era, including hacking, identity theft, and online fraud. The study evaluates the effectiveness of current legal frameworks and law enforcement strategies in addressing these crimes. Additionally, it proposes solutions to enhance collaboration between international agencies, improve technological capabilities, and raise public awareness about cyber threats, aiming to strengthen the response to cybercrime. Additionally, raising public awareness about cyber threats is crucial for prevention. The research advocates for educational campaigns that inform citizens about the risks and protective measures related to cybercrime.

Denise Asha Aliqa; Syahbila Amanda Putri Rangkuti; Kevin Pasha Putra Pratama; Mohammad Dzaki Rabbani

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

a case of fraud using a blank check committed by a businessman in Tanjungpinang, Riau Islands. This research aims to analyze the criminal act of fraud committed by the businessman in the sale and purchase of heavy equipment and the legal consequences that can be imposed. The research method used is a qualitative method with a case study approach, through analysis of news published by Kompas.com. The results showed that a businessman named Hendy (33) was suspected of having committed a criminal act of fraud and/or embezzlement in a heavy equipment purchase transaction using a blank check. Hendy is alleged to have deceived the victim by giving a check that did not have sufficient funds in the account. Hendy's actions can be subject to articles related to criminal acts of fraud and / or embezzlement in the Criminal Code (KUHP). In addition, Hendy is also potentially subject to civil sanctions due to his actions that harm other parties. This article concludes that the practice of fraud using blank checks in business transactions, especially the sale and purchase of heavy equipment, is a criminal offense that must be dealt with firmly by law enforcement officials to provide a deterrent effect and ensure legal certainty for business actors.

Leni Karlina; Mila Sari; Putri Yanti; Dewi Hariyanti

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

The validity of voting results depends on various factors, one of which is the completeness and validity of the ballot paper, which is one of the important elements in elections that voters use to mark their choices. Based on the circular letter of the Tanjungpinang City General Election Supervisory Agency (Bawaslu) Number: 136/PM.00.02/K.KR-06/02/2024 there were 2 TPS taking place at TPS 006 and TPS 015 there were 115 x 5 ballot papers that were not signed by KPPS so that the ballot box is open during voting, raising questions regarding its validity and the potential for fraud in the voting process. This research aims to analyze the consequences of not signing the ballot paper and its impact on the validity of the voting results, as well as the conditions for re-voting. The research method that researchers use is normative juridical, namely based on basic legal materials. This research was conducted by examining theories, concepts, legal principles and laws and regulations that are relevant to this research topic. The research results show that there are several factors that cause ballot papers not to be signed, including KPPS negligence, lack of socialization, and misinterpretation of regulations. Thus, re-voting is a step that can be taken to ensure the validity and legitimacy of voting results by considering various factors, including the number of unsigned ballot papers, the potential for fraud, and the impact on democratic stability.  

Sistini Sistini

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

Informed Consent is the patients content to medical action after the patient has received a complete explanation of the medical action to be performed. The purpose of informed consent, among others is to grants autonomy to the patient, as protection and prevent the occurrence of fraud / coercion agains all medical actions carried out without the patient knowledge. Before do medical action doctor must get approval. Doctor and patient tied together in a relationship named therapeutic agreement or therapeutic transaction. The doctor is not promising recovery but effortless for patient recovery. Medical action which is not accompanied informed consent risk of conflict. The hospital also shall be responsible if a lawsuit has occurred.