ORIGINAL RESEARCH ARTICLE | March 9, 2023
Adoption of the Law on Information and Electronic Transactions against Cyber Crime
Aulia
Page no 141-146 |
10.36348/sijlcj.2023.v06i03.001
The development of computer technology and the internet provide implications-the implications are significant in the settings and the establishment of regulations in cyber space and cyber laws as well as to the development of crime in cyberspace or often referred to as cybercrimes. Of the various things that need to be emphasized that the internet was not initially designed for tracking and tracinguser behavior, but it is designed for the needs of the military in the face of war the world at that time. Normatively, with the establishment of Law Number 11 Year 2008 On Information and Electronic Transactions as new rules that apply, and all the population is considered to have been knowing. Adoption of the Law on Information and electronic transactions against cybercrime. In the era of industrial Revolution 4.0 is the current utilization of the technology, the more massive the better government agencies, private companies, national banking, center for research and society. Sociological research empirical, then studied at first is secondary data, to then proceeds with the research on primary data lapangam or to the community. The author will give an overview first the definition and the classification of crime is cybercrime, the perpetrators and victims of form and modus operandi as well as how the public reacts to kejehatan cybercrime such. Cybercrime is a criminal activity in the virtual world with a network utilizing the computer as a tool and a network of the internet as a medium. In a broader sense, cybercrime is all the illegal actions committed through a computer network and the internet to get advantage by harming the other party. Then in the narrow sense, cybercrime are all illegal actions that are intended to attack computer security systems and the data processed by a computer system.
ORIGINAL RESEARCH ARTICLE | March 11, 2023
Legal Reconstruction of Land Dispute Settlement Based on Justice Value
Fonaha Hulu, Gunarto, Anis Mashdurohatun
Page no 147-153 |
10.36348/sijlcj.2023.v06i03.002
The purpose of this study is to analyze the weaknesses in land dispute resolution regulations, as well as to reconstruct land dispute settlement regulations based on the value of justice. The research method used in this study is a normative juridical method with data analysis based on a qualitative approach. The results of the research show that the settlement of cases through courts in Indonesia costs high, not to mention the long completion times and complicated court bureaucracy. Through the reconstruction of land settlement regulations based on the value of justice, the author offers a solution in the settlement of land disputes, namely being required to mediate before land disputes are brought to court. 21 of 2020 article 2 point e. In addition, a National Land Commission (KPN) must be formed in accordance with the Agrarian Government Regulation/Head of the Republic of Indonesia's National Land Agency No. 21 of 2020 article 3, this can facilitate the process of regulation of land dispute resolution based on the value of justice that benefits various parties in the field of financing, time and accelerates the resolution of cases of land dispute settlement which has long since piling up in court.
ORIGINAL RESEARCH ARTICLE | March 11, 2023
Due Process of Law: Pre-trial and Preliminary Examination Judge on Indonesian Criminal Procedure Law
Fitriah Faisal
Page no 154-158 |
10.36348/sijlcj.2023.v06i03.003
The purpose of this research is to find out whether the pretrial institution has realized the due process of law as aspired by the criminal procedural law and what about the pretrial reform institution in the RKUHAP, namely the Preliminary Examination Judge, whether it has been able to reflect the due process of law. The type of research in this study is normative. The data source used is secondary data which contains primary, secondary and tertiary legal materials. The data was collected by using library techniques and analyzed by qualitative methods and will be described systematically or prescriptively. From the Research It was found that the current pretrial does not reflect the due process of law, so it is necessary to immediately approve the reform of the pre-trial institution. Then the pretrial substitute institution, namely the Preliminary Examination Judge has greater authority than pretrial regarding the rights of the suspect, so that the establishment of this pretrial substitute institution is expected to have the purpose of criminal procedural law: due process of law or behoorlijk procesrecht in order to seek material truth or objective truth and the purpose to protecting the human rights of suspects and defendants can be achieved.
ORIGINAL RESEARCH ARTICLE | March 27, 2023
Legal Reconstruction of Criminal Accountability for Bank Employees Who Participate in the Criminal Acts of Money Laundering Based on Justice Value
Cut Nurita, Gunarto, Anis Mashdurohatun
Page no 159-164 |
10.36348/sijlcj.2023.v06i03.004
The objectives of this research are to analyze and find out the weaknesses in the criminal liability of Bank employees who are participating in money laundering crime and how to reconstruct the law based on the value of justice. The method used in this study uses a normative juridical approach with a constructivist paradigm. The results of the research and discussion show that the weaknesses of the law lie in the Criminal liability in the provisions of Law no. 10/1998 concerning Banking is not in line or there is no legal synchronization with the provisions of Law no. 8/2010 concerning TPPU, specifically the provisions of Article 6 paragraph (2) of Law no. 8/2010 concerning ML, which stipulates that a Bank in its position as a corporation can also be held criminally responsible. Provisions of Law no. 10/1998 concerning Banking, although it recognizes corporations as subjects of criminal law, the criminal responsibility system implemented still adheres to the individual criminal responsibility model, which only imposes accountability on controlling personnel. Therefore, the legal Reconstruction of criminal responsibility of Bank employees who participated in committing money laundering crimes based on the value of justice can be done by not only asking for and imposing criminal responsibility on controlling personnel (in this case the Board of Commissioners, Directors, and Bank Employees) but also being able to hold accountability for Banks as corporations implement an aggregation model corporate criminal liability system.
ORIGINAL RESEARCH ARTICLE | March 27, 2023
Legal Reconstruction of the Formula of Criminal Offense to Determine the Classification of Narcotics User and Victim Based on Justice Value
Ahzan, Gunarto, Anis Mashdurohatun
Page no 165-170 |
10.36348/sijlcj.2023.v06i03.005
The purpose of this research is to analyze the weaknesses of criminal offenses against narcotics users and victims of narcotics abuse and how to reconstruct the regulation based on the value of justice. The method used in this study uses a juridical approach with a constructivist paradigm. The results of the research show that the current weaknesses in criminal offenses against narcotics users and victims of narcotics abuse, due to the provisions regarding ownership and control as regulated in Article 112, can also be applied to those who are classified as abusers as regulated in Article 127 of Law no. 35/2009 concerning Narcotics. Therefore, the Reconstruction of criminal offense regulations against narcotics users and victims of narcotics abuse based on the value of justice can be done namely by changing the substance of Articles `103, 112, and Article 127 of the Narcotics Law, where in Article 103, the phrase "can" is replaced with the word "obliged". Then, Changing Article 127 paragraph (1), by adding the sentence "Every abuser with the intention of using it himself". Meanwhile, there must be an additional clause regarding the criteria for the large number of narcotics in Article 112 must in paragraph (3) as an addition to Article 112 of Law no. 35/2009 concerning Narcotics to further differentiates the differences of both.
ORIGINAL RESEARCH ARTICLE | March 27, 2023
Legal Reconstruction of the Authority of Deponering Implementation by the Prosecution Office Based on Justice Value
Muhammad Kenan Lubis, Gunarto, Anis Mashdurohatun
Page no 171-176 |
10.36348/sijlcj.2023.v06i03.006
The objectives of this research are to analyze and find out the weaknesses in the legal construction of the authority to implement Deponering (the authority of the attorney general not to prosecute a case for policy reasons) in relation to the principle of opportunity by the prosecutor's office and how to reconstruct the law based on justice value. The method used in this study uses an empirical approach and a normative juridical approach with the paradigm used by the constructivism paradigm. The results of the research show that the Weaknesses in the legal construction of the implementation of Deponaring by the Attorney General in relation to the application of the opportunity principle, one of which, is the basis for consideration of the public interest which does not yet have clear and measurable indicators. In addition, minimal supervision of the implementation of the Attorney General's authority. In order to tackle this, a legal reconstruction of the authority to implement Deponaring in relation to the principle of opportunity based on the value of justice is needed to determine the indicators and conditions for the Attorney General in making decisions overriding cases in Government Regulations, so that the implementation of the Attorney General's sole authority does not escape supervision and fulfills justice for society. As a counterweight to Deponering authority, the public prosecutor must be given the authority to stop prosecution based on restorative justice which is based on the discretionary authority of the Attorney General's Office as a response to the development of society that wants misdemeanor crimes and crimes with low economic value not to be continued with the prosecution process, by prioritizing the principle of restorative justice. Termination of prosecution based on restorative justice by the public prosecutor, which in practice is very beneficial for the wider community, especially for victims and perpetrators of crimes.
ORIGINAL RESEARCH ARTICLE | March 27, 2023
Legal Reconstruction of Judges' Decision on Obscure Lawsuit Exception Based on Justice Value
Enju Juanda, Ahmad Rofiq, Umar Ma’ruf
Page no 177-182 |
10.36348/sijlcj.2023.v06i03.007
The aim of this research is to find and analyze the weaknesses of the judge's decision on the obscure lawsuit exception in Indonesia and how to reconstruct it based on justice value. This study uses the constructivism paradigm, the approach method is sociological research, the research specifications are analytical descriptive, the data used are primary data and secondary data, primary data is obtained by interview while secondary data is obtained by means of literature study, data analyzed qualitatively by using the Dignified Justice Theory, Legal System Theory, and Progressive Legal Theory. The results of the study show that the Weaknesses include weaknesses in legal substance, namely weaknesses in the provisions of Article 136 HIR. Weaknesses in Legal Culture are that positivism is still the mainstream of judges therefore the Panel of Judges often does not read and study cases together from the start and the Chairperson of the Panel of Judges as a senior judge is still decisive in making decisions, next, the weaknesses in the Legal Structure including the acceptance stage, where, after starting their career as a judge, they must submit themselves to the supervision of judges and structures outside the court. Therefore, the legal Reconstruction intended by the author is related to the values of Pancasila, as the Reconstruction of the Norm is an exception to the obscure lawsuit being considered and decided before the examination of the main case.
ORIGINAL RESEARCH ARTICLE | March 27, 2023
Agrarian Reform in the Implementation of Land Procurement for Development Based on Justice Value
Subhan Zein, Gunarto, Umar Ma’ruf
Page no 183-188 |
10.36348/sijlcj.2023.v06i03.008
The purpose of this study is to analyze and find the weaknesses of agrarian reform in the implementation of land acquisition for development that has not been fair and how to reconstruct the law based on the value of justice. This study uses a constructivist paradigm with a sociological juridical approach to solving research problems by examining secondary data and primary data by finding legal realities experienced in the field as well as qualitative descriptive methods, namely where the data obtained is then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented descriptively. Based on the research results, it was found that the Weaknesses of agrarian reform in the implementation of land acquisition for development have not been fair, namely in terms of legal structure where there is overlapping issuance of a decision from agencies directly related to land and agrarian reform. in terms of legal substance Amendments to Law no. 2 of 2012 concerning Land Acquisition for Public Interest which is regulated in the Job Creation Law and Government Regulation no. 19 of 2021 concerning the Implementation of Land Procurement for Public Interest, has made agrarian conflicts escalate. The three aspects of legal culture namely the presence of a national strategic project in an area create conflict between communities in their respective interests. Therefore, the legal reconstruction of agrarian reform in the implementation of land acquisition for development based on the value of justice intended by the author is in the Part Three of Protection of Sustainable Food Agricultural Land Article 124 paragraph (2) In the case of public interest, Sustainable Food Agricultural Land as referred to in paragraph (1) can be converted, and implemented in accordance with the provisions of laws and regulations.
ORIGINAL RESEARCH ARTICLE | March 27, 2023
Legal Reconstruction of Women's Empowerment Government Policies in Realizing Gender Equality
Bambang Tri Bawono, Devita Mesayu, Anis Mashdurohatun
Page no 189-194 |
10.36348/sijlcj.2023.v06i03.009
The objectives of this study are to analyze and find weaknesses in government policies in the field of women's empowerment in realizing gender equality and how to reconstruct the law to realize better Gender Equality. The method used in this study uses an empirical juridical approach supported by a normative approach with the paradigm used by the constructivism paradigm. Results of the research show that the Weaknesses in government policies in the field of women's empowerment in realizing equitable gender equality is that there is still low knowledge and skills (competence) of HR planners in OPD regarding how to prepare PPRG (GAP and GBS), due to weaknesses in regulations in Permendagri No. 67/2011, which has not regulated the obligation of PUG Pojka to organize and provide training to focal points in each SKPD. Therefore, a legal Reconstruction of government policies in the field of Women's Empowerment in realizing a just Gender Equality is needed, namely by following up on regulations that require the implementation of gender mainstreaming in regional development by reconstructing Article 10 of Permendagri No. 67/2011, namely by regulating the obligations of PUG Working Groups to organize and provide training and at the same time providing sanctions for violations of duties by PUG Working Groups.