Criminalization of Freedom of Expression and Opinion for Environmental Activists from a Criminal and Positive Law Perspective

Illegal levies (extortion) are a form of corruption that harms the public and weakens trust in public institutions. This research aims to analyze criminal sanctions against extortionists in the perspective of positive law and Islamic criminal law and compare their approaches. The research method uses a qualitative approach through literature study of legal literature, regulatory documents, and interpretation of fiqh books. The results showed that in positive law, extortion is categorized as a criminal act of corruption with severe criminal penalties under the Corruption Eradication Law, such as a minimum prison sentence of 4 years to a maximum of 20 years, and additional penalties such as fines. Meanwhile, in Islamic criminal law, extortion is categorized as jarimah ta’zir with flexible sanctions adjusted by the judge, such as dismissal from office or return of extortion proceeds, which aims to maintain the public interest. The comparison shows that positive law focuses on deterrent effects and system protection, while Islamic law emphasizes moral justice and restoration of community rights. This research contributes to offering an integrative approach that combines the power of positive law and the values of Islamic law, in order to eradicate extortion effectively and fairly.

This paper will describe online games with the dimension of gambling, so that the discussion is about the form of online games with the dimensions of online gambling in the aspect of criminal law and the application of criminal sanctions for users of online games with the dimensions of online gambling from the perspective of criminal law. The research method uses normative juridical research which refers to secondary data that reveals data that takes the truth obtained from the literature and the field by combining regulations, scientific books that are related to this research. The results of the study found that the form of online games with the dimensions of online gambling in the aspect of criminal law that online games with dimensions of online gambling through the internet network is a form of gambling in which the entire process is both the stakes, the games and the collection of money via the internet which of course the players have to do. an upfront deposit before being able to play online gambling games. Forms of online gambling games found on internet networking sites, for example chips game higgs domino, sports gambling, texas holdem poker and casino gambling games. While the application of criminal sanctions for users of online game games with the dimension of online gambling from a criminal law perspective, of course, still refers to the provisions of Article 303 of the Criminal Code and Article 303 bis of the Criminal Code and Law No. 11 of 2008 concerning Information and Electronic Transactions as amended by Law no. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions.


 
 
 
 Indonesia is a country that is famous for its multiculturalism, one of which is religion. Consequently, in living their lives, Indonesian people are faced with differences in various things, ranging from culture, way of life and interactions between individuals. The concern of the government and other components of the nation is the issue of inter-religious relations. One of the problems in inter-religious relations is the issue of mixed marriages (inter-religious marriages), which in this article are referred to as “interfaith marriages”. The condition of the pluralistic Indonesian society makes the association in society wider and more diverse. This has resulted in a more dynamic shift in religious values ​​than what happened in the past. In fact, interfaith marriages in Indonesia are not justified based on positive national law that applies in the territory of Indonesia. It can be concluded that if the State legalizes interfaith marriages in Indonesia, the State is tantamount to violating the existing religious laws in Indonesia, and violating Article 29 of the 1945 Constitution which guarantees every citizen to embrace religion and worship according to their religion and belief, while Each religion has different procedures for marriage or worship. The view of human rights in Indonesia should refer more to the human rights arrangements contained in the 1945 Constitution, not to the UDHR which we ourselves do not know who made it and even what the agenda is for a country that is still very religious. Human rights in Indonesia, not secular human rights, which separate religion from the state, which legalize all means in the name of "human rights", this clearly contradicts the first principle of Pancasila, and this does not enter into the identity of the Indonesian nation. In this article, interfaith marriage will also be studied from the perspective of criminal law regarding its legality.
 
 
 

Objective: This research aims to analyze the application of criminal law in the Law of the Republic of Indonesia Number 1 Year 2024 on Electronic Information and Transactions related to the eradication of hoaxes, as well as examine its impact on the development of national information security in Indonesia in accordance with SDG 9, namely National information security involves the development of a resilient and secure information and communication technology (ICT) infrastructure. Using a juridical-empirical approach, this research uses primary data through interviews with law enforcement officials and information technology experts, as well as secondary data from legal documents and literature studies. Theoretical Framework: This research draws on various concepts of criminal law, information technology, and national information security. This multidimensional approach includes legal theory, communication theory, and national resilience theory to provide a more holistic understanding of the implementation of the criminal law of the Law of the Republic of Indonesia on Electronic Information and Transactions related to the eradication of hoaxes in the eradication of hoaxes and their impact on information resilience in Indonesia. Method: This research uses Qualitative data with a Normative Juridical Approach, the type of research is analytical to evaluate the effectiveness of the implementation of the Electronic Information and Transaction Law in eradicating hoaxes, secondary data including laws and regulations, academic literature and scientific journals related to criminal law, hoaxes, and national information security. Data collection techniques are literature studies, interviews, observations, and concrete case studies of the spread of hoaxes that are handled using the Law of the Republic of Indonesia Number 1 of 2024 concerning Information and Electronic Transactions. Results and Discussion: The implementation of the Criminal Law of the Republic of Indonesia Law No. 1 of 2024 on Electronic Information and Transactions against Hoax Eradication is a significant legal instrument in dealing with the spread of hoaxes in Indonesia. National information security is highly dependent on people's digital literacy, the speed of government response, and cooperation with digital platforms in tackling the spread of false information. Efforts and strategies are needed to revise the Law of the Republic of Indonesia No. 1 of 2024 on Electronic Information and Transactions to clarify the definition of articles that have multiple interpretations and provide clearer implementation guidelines for law enforcement officials. Research Implications: Theoretical Implications i.e. These findings expand the understanding of the relationship between the implementation of criminal law and the concept of national information security, so that it can serve as a foundation for further research in the field of cyber law and digital literacy. Practical Implications: Law enforcement officials can use the findings of this study as a reference to improve the approach to investigation, legal proof, and the application of sanctions against hoax perpetrators. Originality/Value: This research makes a unique contribution by deeply evaluating the challenges of multiple interpretations in certain articles of Law of the Republic of Indonesia Number 1 Year 2024 on Electronic Information and Transactions and their impact on the effectiveness of law enforcement, which has not been widely discussed in previous studies.

This study aims to understand the concept of polyamory behavior in marriage from the perspective of applicable law in Indonesia. Methodologically, this research uses a qualitative method with a normative approach supported by a literature study that examines polyamory in the perspective of Indonesian positive law, with data collection through the study of scientific journals, books, and previous legal documents. The results show that polyamory behavior in the context of marriage is not in line with the concept of monogamous marriage commonly embraced by Indonesian society. Therefore, from a legal perspective, polyamory behavior has no legality and contradicts the principle of monogamy as stipulated in Law Number 1 Year 1974 and the Civil Code. The theoretical implication shows that law functions as a tool to regulate community behavior in order to achieve social stability. Practically, this study provides an overview of how Indonesian law responds to polyamory behavior. This article contributes to the development of an understanding of polyamory behavior in marriage, from the perspective of positive law in Indonesia.

Analysis of Consumer Protection in Marketplace Transactions from the Perspective of Islamic Law and Positive Law (Review of the Terms and Conditions at Blibli.Com). Sharia Economic Law Study Program, STAIN Sultan Abdurrahman Riau Islands. This research analyzes buying and selling transactions through the Blibli.com Marketplace. Consumer protection at Blibli.com is not in accordance with the terms and conditions determined by Blibli.com. There are still many complaints when shopping on E-commerce. One of them is because the goods purchased did not arrive and the money disappeared, even the goods ordered did not match the description when this online transaction occurred. Therefore, Law Number 8 of 1999 concerning Consumer Protection regulates consumer rights and obligations. The problem formulation in this research is how to protect consumer transactions at Blibli.com and how Positive Law and Islamic Law review transactions at Blibli.com. The research method used is a qualitative type of empirical legal research based on library research. The primary data source in this research is through interviews with Blibli.com marketplace users. Secondary data is obtained through two events, namely directly or indirectly, such as literature studies, for example collecting data from previous research papers. The data collection techniques used were interviews, literature studies and library research. Data analysis techniques use data reduction, data presentation and drawing conclusions. The results of research on consumer protection in transactions in the marketplace from an Islamic law and positive law perspective, according to an Islamic law perspective, there needs to be truth and accuracy of information when a business actor promotes his merchandise. A contract is invalid if one of the parties is forced or feels cheated. Consumer rights are also protected in Islamic law and there are principles that serve as guidelines for carrying out transactions in carrying out business activities. This is strengthened through a positive legal perspective in Law Number 8 of 1999 concerning Consumer Protection as well as consumer rights and obligations in articles 4 and 7 of the UUPK. Business actors must be aware that consumers are protected by law.

The relationship between environmental and human rights is very significant. On this basis, humans shall have the right to claim to live in a healthy environment. In China, the study of environmental rights began in the 1980’s. After more than thirty years of discussions on environmental rights, there are a series of environmental rights theories in China. However, scholars have not formed a consensus on some fundamental theories of environmental rights. Moreover, some experts consider that environmental rights include substantive environmental rights and procedural environmental rights, whereas others argue that environmental rights only include substantive environmental rights. Furthermore, the nexus and difference between the right to environment and environmental rights are not clear. “Environmental rights” are treated as a broad concept, its scope includes all rights which are related to the environment. They certainly do not only include substantive, but also procedural environmental rights. Even though the introduction of substantive environmental rights has faced both legislative and practical difficulties, the topic has become a central issue in Chinese academic research.

In Indonesia, provisions regarding criminal acts are regulated by Law Number 35 of 2009 concerning Narcotics and Law Number 5 of 1997 concerning Psychotropics. In this Law, there are several criminal sanctions for criminals, such as imprisonment, fines and capital punishment. Regarding criminal sanctions (one of which is in Number 35 of 2009 concerning Narcotics) there are pros and cons from experts regarding this matter. One of the most severe forms of death penalty and has been debated for hundreds of years by criminal law and criminology experts. Narcotics in the context of Islamic law is a matter of ijtihâdî, because drugs do not enter directly into their prohibition by the texts of either the Al-Qur'an or al-Sunnah, and were not known at the time of the Prophet Muhammad at that time who were in the community from khamr drinkers. The research objective is to find out about the sanctions for the perpetrators of drug crime from the perspective of positive law and Islamic criminal law. The research methodology used is qualitative research through literature study, with the type of juridical normative research. The application of criminal sanctions given to manufacturers, dealers and dealers in accordance with Law No.35 of 2009 on Narcotics. The law on narcotics is haram as well as related to the haram of khamr, one of the penal sanctions is the death penalty using the hirabah approach because of the effects of narcotics from all aspects. Keywords: Drugs, Criminal Death, Islamic Criminal

This study undertakes an examination of the enforcement of legal provisions pertaining to licensed Financial Technology (FinTech) Lending, specifically from the vantage point of cyber law and criminal law. Furthermore, this article aims to provide an analytical framework and to educate users of FinTech lending regarding the legal liabilities that arise under both cyber law and criminal law within this domain. This research employed a normative juridical approach. The study exclusively utilized secondary data, comprising the 1945 Constitution, Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 regarding Information and Electronic Transactions (the ITE Law), and Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (IL 4/2023). This data underwent a qualitative analysis. FinTech lending providers bear criminal liability should they be found to have committed criminal acts under the Electronic Information and Transactions Law (UU ITE). It is therefore incumbent upon these providers to conduct their electronic operations in strict adherence to the principles of cyber law. Furthermore, the Financial Services Authority (OJK) is empowered to impose administrative sanctions upon FinTech lending providers proven to have misused personal data, in accordance with Indonesia Law Number 4 of 2023

The purpose of this research is to find out cases of violations related to human rights in Papua and to find out the state's responsibility for violations of human rights in Paniai Regency, Papua Province. The formulation of the problem in this study is why the issue of human rights violations in Paniai District, Papua Province has occurred again and what is the role of the state in protecting human rights in Indonesia and what is the international view of the state's role in protecting human rights in Indonesia. The purpose of this study is to determine the role of the state in protecting human rights in Indonesia and to find out the legal view of the state's role in protecting human rights in Indonesia. The research method used in this study is a normative research method with primary data sources derived from library research. This research was conducted using a statutory approach in order to further study the legal basis by examining laws and regulations related to human rights violations that occurred in Paniai district, Papua. The findings in this study are that the role of the state in protecting human rights in Indonesia has been considered in such a way as can be seen from the many laws and regulations regarding human rights whose aim is to protect the rights of the humans themselves. However, the issue of resolving human rights cases must be carried out as fairly and transparently as possible in their settlement, considering the obligation of the state to carry out its role as a protector of human rights for all of its people, must be maximized and every right must be fulfilled. However, in practice discrimination against human rights is still widely encountered due to injustice that comes from the authorities themselves. Keyword : HAM, Paniai, Accountability and justice

The purpose of this research is to find out cases of violations related to human rights in Papua and to find out the state's responsibility for violations of human rights in Paniai Regency, Papua Province. The formulation of the problem in this study is why the issue of human rights violations in Paniai District, Papua Province, has occurred again and what is the role of the state in protecting human rights in Indonesia and what is the international view of the state's role in protecting human rights in Indonesia. The purpose of this study is to determine the role of the state in protecting human rights in Indonesia and to find out the legal view of the state's role in protecting human rights in Indonesia. The research method used in this study is a normative research method with primary data sources derived from library research. This research was conducted using a statutory approach in order to further study the legal basis by examining laws and regulations related to human rights violations that occurred in Paniai district, Papua. The findings in this study are that the role of the state in protecting human rights in Indonesia has been considered in such a way as can be seen from the many laws and regulations regarding human rights, whose aim is to protect the rights of the humans themselves. However, the issue of resolving human rights cases must be carried out as fairly and transparently as possible in their settlement, considering the obligation of the state to carry out its role as a protector of human rights for all of its people must be maximized, and every right must be fulfilled. However, in practice, discrimination against human rights is still widely encountered due to injustice from the authorities.

The 1998-2003 National Human Rights Action Draft (RANHAM) was an initiative of the Indonesian government that was launched after a period of political reform in 1998. This RANHAM aims to strengthen the protection and promotion of human rights in post-New Order Indonesia. Some of the main points in the RANHAM include community empowerment, legal reform, eradication of torture, protection of women's and children's rights, and strengthening human rights protection institutions such as Komnas HAM. RANHAM 1998-2003 is part of a broader effort to change the human rights paradigm in Indonesia after the authoritarian era. However, its implementation has not always gone smoothly, and challenges remain in the advancement of human rights in post-Reformasi Indonesia. This paper aims to analyze how the realization of RANHAM 1998-2003 and as a projection in the implementation of RANHAM today to be in accordance with what has been conceptualized from the beginning about RANHAM. The research method used in this paper is a qualitative descriptive research method which is to explain thoroughly about the problem by describing it. The data used in this writing comes from official documents, government evaluation reports and reports of human rights institutions that are collected and analyzed to then be described. In fact, it can be concluded that the RANHAM aims to strengthen the protection and promotion of human rights in Indonesia after the New Order period.

This research aims to analyse the factors of divorce in members of a police force, the impacts, and alternatives offered by the court judge to overcome divorce problems from a positive law perspective, the juridical-sociological method. The study took place in the coverage area of Court in Gorontalo, Suwawa, and Limboto. Further, the present work applied a case approach and statute approach. The data from primary and secondary sources were collected from the literature study and field research. The results showed that the factors of divorce comprise: prolonged quarrelling, cheating, economic problems, and domestic violence. The divorce cases lead to several problems that impact the married couple, their children, and their shared wealth. Referring to the Islamic Law perspective, the court Judge provides several alternatives to optimise mediation as dispute settlement before divorce as a last resort. Moreover, the Judge provides post-divorce alternatives to ensure that the ex-husband gives the iddah and mut'ah allowances to his ex-wife and that the ex-husband still supports the children's development.Â

Electronic transactions in online games have been an issue in modern digital transactions. Consumers who purchase electronic balances, especially through third parties, often experience losses, while an effective legal protection mechanism is absent. This condition therefore creates legal uncertainty, injustice, and psychological risks for consumers. This study analyzes the urgency of consumer protection against problematic electronic transactions in online games, from both the perspective of positive law and that of the maqāṣid al-syarī‘ah. This study is categorized as normative juridical legal research, employing statutory and conceptual approaches. Primary legal materials were sourced from Law No. 8 of 1999 concerning Consumer Protection and Law No. 1 of 2024 concerning Electronic Information and Transactions, while secondary legal materials comprised literature, journals, and relevant articles. The results indicate that current regulations remain suboptimal in protecting digital consumers, particularly for intangible and cross-border transactions. From the perspective of maqāṣid al-syarī‘ah, the loss of electronic balance without clear accountability is a violation of the principles of property protection (hifẓ al-mal), protection of reason (hifẓ al-aql), and protection of life (hifẓ al-nafs). Therefore, regulatory reform to address the challenges of digital transaction development and the application of the principles of maqāṣid al-syarī‘ah is required to ensure justice, welfare, and stability for consumers.

Law Number 19 of 2016 concerning Information and Electronic Transactions in Article 1 number 21 that what is meant by Persons are individuals, both Indonesian citizens, foreign citizens, and legal entities, so that these rules can ensnare perpetrators who are foreign citizens.The purpose of this study is to determine the regulations for hacking websites according to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and the legal consequences for a website hacker who is a foreign citizen.The research method used is a normative research method that relies on the approach of concepts and norms and laws with data collection techniques through literature study. Arrangements for hacking websites according to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions are regulated in Article 30 paragraphs 1, 2 and 3 of Law Number 19 of 2016 concerning Amendments to Laws -Law Number 11 of 2008 Concerning Information and Electronic Transactions Temporary Legal consequences for a website hacker who is a foreign citizen may be subject to sanctions based on Article 46 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions.