Crime In Indonesia Research Articles

Criminal Law Perspective In The General Elections That Occurred In Indonesia

The enactment of Law Number 7 of 2017 concerning General Elections is proof that Indonesia really designs elections on a strong, constitutional, legal basis and regulates everything related to elections on a legal basis. Enforcement of election crimes in Indonesia needs to be improved as an effort to create a democratic system that is certain and just. Without legal certainty it will lead to anarchism and result in death, therefore democracy must provide legal certainty to all parties who seek justice. So the supremacy of law must be prioritized in guarding the democratic process in Indonesia. Whether the election criminal law enforcement mechanism is enforced from the start in accordance with the provisions of procedural law (due process of law) or not (undue process), if it has been implemented in accordance with the provisions of procedural law then justice has been carried out and upholds the ideology envisioned by the supremacy of law ( Rechtstaat) is based on democratic ideals to realize comprehensive justice so that election criminal law is used as a tool to postpone the ideological commitment to the ideals of establishing the Indonesian state. The aim of this research is to determine the perspective of criminal law on the implementation of elections in Indonesia. The method used in writing this research is normative juridical using statutory regulations and context.

Geographic Distribution of Economic Inequality and Crime in Indonesia: Exploratory Spatial Data Analysis and Spatial Econometrics Approach

Geographic Distribution of Economic Inequality and Crime in Indonesia: Exploratory Spatial Data Analysis and Spatial Econometrics Approach

HACKING AS A CHALLENGE FOR CHANGE AND THE DEVELOPMENT OF CYBER LAW IN INDONESIA

This research explores the legal provisions for hacking as a cyber crime in Indonesia with a focus on the legal framework for hacking, criminal acts of hacking, and the challenges faced in dealing with changes and developments in cyber law. Indonesia's hacking legal framework, which primarily consists of the Information and Electronic Transactions Law (UU ITE), creates an important legal foundation for dealing with hacking. However, there are shortcomings in legal provisions that must be updated regularly to keep up with technological developments and increasingly sophisticated hacking tactics. This research aims to analyze the legal provisions that regulate hacking as a cyber crime in Indonesia. This includes an understanding of relevant legislation, the implementation of the law, as well as the obstacles faced in law enforcement related to hacking. This research uses normative legal research methods. By understanding the legal framework for hacking, criminal acts of hacking, and the challenges of changing cyber law in Indonesia, this research aims to provide deeper insight into how this country faces the threat of hacking in an increasingly complex digital era. With ongoing improvements in the legal framework, increased law enforcement capacity, and better public awareness, Indonesia can be more effective in protecting its society and digital infrastructure from the threat of cybercrime.

Application of Capital Punishment for Narcotics Offenders in the Perspective of Responsive Law

This study employs a normative legal research method, grounded in the Nonet and Selznick theory of responsive law, to examine the implementation of capital punishment for narcotics offenders in Indonesia. Evaluating the punitive measures through the lens of responsiveness to societal goals, participation of vulnerable groups, and legal institutions' balanced response, the research highlights the need for a nuanced approach. Findings indicate that the current use of capital punishment lacks effectiveness and contradicts human rights principles. The study suggests a reassessment, prioritizing rehabilitation and decriminalization for a more humane and sustainable approach to combating narcotics trafficking.
 Highlights: 
 
 The study reevaluates the application of capital punishment for narcotics crimes in Indonesia through the lens of responsive legal principles.
 Findings underscore the ineffectiveness of the current punitive measures and their conflict with human rights norms.
 The research advocates for a reconsideration of the approach, emphasizing rehabilitation and decriminalization to achieve a more humane and sustainable strategy against narcotics trafficking.
 
 Keywords: Capital Punishment, Narcotics Offenses, Responsive Law, Human Rights, Rehabilitation.

Reconstructing Legal Protections for Justice Collaborators within the Criminal Justice System as an Effort to Uncover Common Crimes in Indonesia

Perpetrators of general crimes who are willing to cooperate with law enforcement are commonly referred to as justice collaborators. These individuals play a crucial role as a valuable source of information for law enforcement agencies in unveiling general crimes, particularly those involving intricate criminal networks. Justice collaborators offer testimony, guidance, and even assist in securing substantial evidence to bolster criminal cases currently under investigation by authorities. The primary objective of this research is to examine the overhaul of legal safeguards for justice collaborators within the Indonesian criminal justice system, aiming to facilitate the detection of general criminal activities. This research adopts a normative legal research approach with a statutory focus. The author, in addressing the research question, relies on primary legal sources, secondary legal materials, and tertiary legal references as parameters for problem resolution. For data collection, a qualitative approach was chosen, specifically emphasizing a quality assessment. Consequently, the technique employed for data collection in this study is qualitative analysis. Within this research, two pivotal issues related to reconstruction will be elucidated. First, the study will delve into the prerequisites for conferring justice collaborator status in general crimes. Second, it will explore the reconstruction of general criminal acts as actions eligible for justice collaborator involvement.

Restorative Justice Policy as Legal Politics for Handling Corruption Crimes in Indonesia

Restorative Justice Policy as Legal Politics for Handling Corruption Crimes in Indonesia

Penegakan Hukum Terhadap Asset Recovery Tindak Pidana Korupsi Di Indonesia

Introduction: Corruption crimes in Indonesia continue to increase and have become a complex problem for law enforcement officials, both in terms of the number of cases and state financial losses, as well as in terms of the quality of criminal acts. The uncontrolled increase in criminal acts of corruption can result in disaster for national economic life and the life of the nation and state. The magnitude of state financial losses resulting from criminal acts of corruption is very disproportionate to the magnitude of returns to state financial losses resulting from corruption. It is hoped that the appropriate use of state confiscated goods can be implemented well by Ministries/Agencies and Regional Governments for the benefit of government administration. In addition to corporate punishment for perpetrators of criminal acts of corruption, the Corruption Eradication Commission also provides a deterrent effect by confiscating assets. Furthermore, the confiscated assets will be managed as best as possible through a storage mechanism.Purposes of the Research: The aim of this research is to examine law enforcement regarding asset recovery in IndonesiaMethods of the Research: This paper uses the statutory approach, conceptual approach and philosophical approach.Results of the Research: Talking about asset recovery itself is not clearly explained in Law Number 17 of 2003 concerning State Finances and Law Number 1 of 2004 concerning State Treasury or in Law Number 31 of 1999 Jo. Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. In this case, asset recovery is a solution in order to eradicate criminal acts of corruption to recover losses resulting from actions carried out by perpetrators of criminal acts of corruption. State losses caused by perpetrators created Law Number 3 of 1971 as well as new regulations, namely Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 stating a policy where state losses must be returned or replaced by the perpetrator or asset recovery. The essence of eradicating criminal acts of corruption can be divided into 3 (three) things, namely through preventive action, repressive and restorative action. Preventive measures are related to regulations to eradicate criminal acts of corruption with the hope that the public will not commit criminal acts of corruption. Restorative action, one of which is the return of assets of perpetrators of criminal acts of corruption in the form of criminal legal action and civil lawsuits. Management of confiscated goods has a strategic role in the context of asset recovery efforts for criminal acts. Management of confiscated goods has a strategic role in the context of asset recovery efforts for criminal acts. Management of confiscated goods is the end of the chain of criminal asset recovery processes. Optimizing the management of confiscated goods will influence the output of the stages of the asset recovery process that have been carried out. To achieve this goal, management of confiscated goods must be carried out by paying attention to both law enforcement aspects and asset management aspects. The law enforcement aspect is the core of the asset recovery process. This process is carried out by law enforcement officials as part of the legal process carried out in the context of handling a criminal case. As it develops, the handling of criminal cases is carried out not only to punish the perpetrators of criminal acts but also to restore as much as possible the losses caused by the criminal acts committed.

The Intelligence Function of the Bandung City National Narcotics Agency in Preventing Drug Circulation

The abuse and illicit trafficking of narcotics has been increasing in Indonesia both in quality and quantity. Not only the general public, but also many law enforcement officials have been proven to be perpetrators of narcotics crimes. Especially when TNI soldiers who maintain the integrity and sovereignty of the territory of the Unitary State of the Republic of Indonesia are involved in narcotics offences. The government established the National Narcotics Agency to eradicate narcotics crimes, which is authorised to investigate and prosecute narcotics crimes in Indonesia. In the procedural law, it has been stated that investigators and investigators of a narcotics crime within the TNI are ANKUM, Military Police, Oditur and auxiliary investigators. The authority of BNN in conducting investigations and investigations of narcotics offences against TNI soldiers in cases of connexity is also very limited. The investigation and investigation must be authorised by ANKUM and only for case development to obtain information and data to find other suspects who are civilians. Once the information required by BNN is deemed sufficient, BNN must still refer the case to ANKUM and the Military Police as operational investigators and core investigators in koneksitas cases for TNI soldiers.

Pengembalian Aset pada Tindak Pidana Korupsi Di Maluku Melalui Uang Pengganti

Corruption is an extraordinary crime in Indonesia. The number of cases that occur and the amount of state financial losses always adorn the news in the mass media and are very disturbing to the public. The research method used is empiris juridical, which is a research.The substitute money penalty is indeed formulated as an additional crime, its facultative nature only adds to the main criminal sanction. Imposition of replacement money is very dependent on the discretion of the judge in assessing the evidence that appears in the trial. Confiscation of assets resulting from corruption or means of corruption through criminal prosecution if the public prosecutor can prove the guilt of the defendant in committing the criminal act of corruption and the assets that have been confiscated in the case are the proceeds of the crime of corruption. Confiscation of assets resulting from criminal acts that cause losses to state finances can be carried out in two ways, namely confiscation of assets through criminal channels and confiscation through civil lawsuits. -asset. Confiscation of assets through a civil lawsuit is carried out if it is known that there are still assets belonging to the convict which are suspected or reasonably suspected.

Penal Mediation in Settlement of Copyright Crimes in Indonesia

This study aims to obtain an overview of Penal Mediation in the Settlement of Copyright Crimes in Indonesia. The research method uses a normative juridical approach, type of data uses qualitative data and data sources in the form of secondary data, data collection methods using literature study methods, and documentation. Furthermore, the data will be analyzed qualitatively and then conclusions will be conclused with deductive approach. In the provisions of Article 95 of Law Number 28 of 2014 concerning Copyright henceforward referred to as the Copyright Law, the government has given options to the parties in resolving disputes, namely by Alternative Dispute Resolution, Arbitration, and Court Institutions. The implementation of this mediation is known as penal mediation. Penal mediation pursued in the event of misdemeanor offenses and cases of a delict nature. The imposition of criminal law related to copyright infringement that requires mediation in advance in addition to piracy follows the function of criminal law as an ultimum remedium which is the last resort if other laws cannot provide a solution, however, for criminal acts of piracy, mediation is not carried out (penal mediation) but directly by using the litigation mechanism in this case the district court.

LAW ENFORCEMENT AGAINST CORRUPTION ERADICATION COMMISSION BASED ON LAW NO 19/2019

Efforts to eradicate corruption have been carried out for a long time using various methods, sanctions against perpetrators of corruption have been intensified, but almost every day we still read or hear news about corruption. The dangers of corruption in Indonesia are equated with other extraordinary crimes, namely terrorism, drug abuse, or serious environmental damage. In fact, corruption with this status is on a par with extraordinary crimes based on the Rome Statute, namely crimes of genocide, crimes against humanity, and crimes of aggression. This study aims to analyze the role of the Corruption Eradication Commission in law enforcement against Corruption Crimes in Indonesia Based on Law no. 19 of 2019 concerning the Corruption Eradication Commission and efforts to overcome the occurrence of corruption in Indonesia. This study uses a normative juridical method, namely by referring to legal norms contained in laws and regulations and court decisions as well as legal norms that exist in society. The results of the study show that in seeking to eradicate corruption, there are several aspects that need to be addressed, namely the mentality and character of civil servants, policy makers, law enforcers and members of the public. In addition, law enforcers are required to implement a good control system and management system.

The Legal Protection for Whistleblowers on Corruption Crimes in Indonesia

The Legal Protection for Whistleblowers on Corruption Crimes in Indonesia

The Juridical Analysis of the Urgency of Ratifying the Draft Law on Asset Forfeiture in Indonesia

<p><em>This research has the purpose of providing a juridical analysis of the urgency of ratifying the asset confiscation law in Indonesia. This article emphasizes normative juridical research with a case study approach, statutory approach, as well as empirical approach to understand the asset confiscation draft law as norms that apply to society. The type of data analyzed in this article are mainly secondary data from the Indonesian law, books, news, previous research, and journals related to money crime and asset confiscation draft law. Previous research found that </em><em>Indonesia’s corruption Perception Index reached its lowest point of 34 out of 100 last year, indicating that corruption and money crime continue to occur even after a multitude of efforts to combat corrupt practices. Hence, the Indonesian law system requires an extraordinary effort to cope with this extraordinary crime, specifically through the asset confiscation law. Several indicators discovered from this research reveal the urgency of this law. The asset confiscation law would be a solution to the problems of economic crimes in Indonesia through its function as a social control to achieve legal objectives, namely justice.</em></p>

Optimizing Lawrence Meir Friedman's Legal System Theory in the Authority to Investigate Corruption Crimes in Indonesia

This study aims to answer the regulation of eradicating corruption in Indonesia, second, answer the optimization of Lawrence Meir Friedman's legal system in the authority to investigate corruption crimes in Indonesia. The research method used is normative legal research which refers to research studies on laws and regulations combined with primary, secondary and tertiary legal materials. The data collection technique is by using (Library Research). The nature of research is descriptive analysis. First The results of the study, the Eradication of Corruption Crime is regulated in Law Number 20 of 2001 and other laws and regulations. Second, that the investigation of corruption crimes in Indonesia has not been perfect in accordance with the theory of Lawrence Meir Friedman's legal system. The problems of the three elements of the legal system are still an obstacle to investigating corruption crimes in Indonesia.

Criminal and criminal actions against minors

This abstract conveys the importance of protecting children's rights as part of citizens. Every country in the world must provide adequate care and protection for children. This guidance and protection cover the child's overall physical, mental, and social growth and development. Even though there are cases of children involved in criminal acts, the development and protection of children remain the state's responsibility. In recent years, the media has often raised the issue of juvenile delinquency or crimes committed by children. This attracts public attention because children even become perpetrators of crimes. This research uses secondary data from library materials such as books, laws, literature, and journals. The educational punishment system is one form of the punishment system used today. This system pays more attention to children's rights and obligations and provides treatment to promote better integration of children into society. This treatment is carried out by placing children in care or coaching institutions that provide education job training and spiritual aspects to improve children's morals and spirituality so that mental improvement can be carried out more quickly. The rules for implementing juvenile crimes in Indonesia are regulated in the Criminal Procedure Code (KUHP) and Law Number 3 of 1997 concerning Juvenile Courts. In this way, it can be seen how the child punishment system currently applies in Indonesia.

Legal Aspects in Handling Criminal Acts in the 2019 Election

This research meticulously examines the legal framework and the procedures involved in addressing election crimes in Indonesia, as outlined in Law No. 7 of 2017, and evaluates the effectiveness of Sentra Gakkumdu, a pivotal coordination forum in the electoral crime enforcement process. The primary objective is to dissect and analyze the legal intricacies and practical challenges in enforcing laws against election crimes, with a spotlight on the ambiguities and potential conflicts within the current system. Through normative legal research methodology, the study delves into the statutory regulations and engages with various primary, secondary, and tertiary legal materials to construct a comprehensive understanding of the election crime handling procedures. It highlights the absence of clear election crime definitions, identifies several weaknesses in Law No. 7 of 2017, and critiques the ambiguous role and limited effectiveness of Sentra Gakkumdu. The paper concludes by calling for significant improvements and clarifications in the existing legal frameworks to ensure fair, efficient, and effective handling of election crimes, thereby bolstering public confidence in the electoral process and upholding the principles of legal certainty and justice in the realm of Indonesian elections.

CRIMINAL LIABILITY FOR PERPETRATORS THREATENING THE SPREAD OF IMMORAL VIDEOS ON SOCIAL MEDIA

The rapid development of information and communication technology has affected human development throughout the world. Technological advances in the digitalization era have been made by humans to facilitate human activities such as accessing information and knowledge so that humans can do many things in a short time. Cases of immoral crimes almost always occur in Indonesia and attract public attention. The level of immoral crimes in Indonesia is very high and varied. The perpetrators of immoral crimes also range from children, adults, to the elderly, even early childhood. Two components consist of immoral crimes: norms of decency and norms of decency. In order to function as a basis for providing a sense of justice and legal certainty to the people of Indonesia, the norms of decency play a very important role. This research is normative legal research, namely legal research that places law as a building system of norms. Pornographic crimes that occurred in the Republic of Indonesia are clearly contrary to the principles held by Indonesian society. Pornography crimes often cause concern for the community. The Electronic Information and Transaction Law is a provision that applies to anyone who commits legal acts whether within the scope of Indonesian jurisdiction and/or outside Indonesian territory and causing harm to Indonesia's interests

The Effect of Smartphone and Vehicle Distance on Vehicle Safety System Time Response Based on the Internet of Things

<p class="IndexTerms">This paper addresses the prevalent issue of increasing crimes in Indonesia, particularly vehicle thefts. To combat this challenge, we propose the development of an Internet of Things (IoT)-based vehicle security device capable of detecting intruders within the car and subsequently notifying the car owner through smartphone alerts. The implementation of this innovative technology holds the potential to enhance vehicle security and contribute to a safer environment for vehicle owners in the country. In this study, we conducted a series of tests in a rural mountain area to examine the impact of vehicle and smartphone distance variation, as well as internet provider variation, on the response time of a vehicle safety device under limited internet signal conditions. The experiment involved distance variations of 100m, 200m, 300m, 400m, 500m, and 600m, with the internet providers being the most expensive and the cheapest provider in Indonesia. By investigating these factors, we aimed to gain insights into optimizing the response time of the safety device, especially in areas with poor internet connectivity<span lang="IN">. </span>Utilizing the two-way ANOVA method, this experiment successfully demonstrates that variations in distances and internet providers significantly influence the notification response. The effective combination of the HC-SR501 passive infrared sensor and Nodemcu microcontroller is shown to detect movements inside the vehicle cabin and reliably notify the vehicle owner through their smartphone. These findings underscore the viability and efficiency of the proposed system in enhancing vehicle security and owner awareness.</p>

LEGAL PROTECTION AGAINST VICTIMS OF DOXING CRIME IN INDONESIA

The development of the digital era has increased the number of crimes in cyberspace, one of which is doxing. Doxing is the dissemination of information regarding the personal data of a person or group, which is carried out online without the consent of the party concerned. This act is regulated in Article 26 of Law Number 19 of 2016 concerning Electronic Information and Transactions. Legal protection against the crime of doxing is divided into two, namely preventive and repressive. Preventive is where legal protection is provided to prevent doxing by limiting activities on social media, while repressive is in the form of legal protection in the form of criminal sanctions that have been regulated and the rules that have been established in Indonesia. This research is a legal analysis with a conceptual approach. The main objective of this research was to analyze the legal protection against victims of doxing crime in Indonesia. According to this research Legal protection efforts for victims of doxing crime are divided into 2 (two): Preventive legal protection and Repressive Legal is provided by the government by creating cyber police.

REFORMASI HUKUM PIDANA: SUATU KAJIAN YURIDIS TERHADAP PEMBUKTIAN TINDAK PIDANA SANTET DALAM KUHP BARU

The purpose of this study is to clarify the concept of witchcraft crimes in Indonesia's positive law and the method of proving witchcraft crimes in Indonesia's criminal law reform. The research method used in this study is the normative legal research method, which is derived from the legal literature and is also referred to as doctrinal legal research. Examining the problem of witchcraft means examining a deeper legal issue: how the criminal law policy regarding the criminal act of witchcraft proves that witchcraft is a supernatural act. A formal and rational legal system only tries to capture external actions that can be known empirically and their cause-and-effect relationships proven. In the provisions of the Old Criminal Code in Indonesia, the criminalization of acts of black magic can be seen in Articles 545 to 547. Subsequently, there was a criminal law reform where the regulation of black magic offenses was located in Article 252, the proof of which was only based on the confession of the perpetrator of a criminal act who used supernatural powers. It is predicted that the application of the black magic offense will not be effective in the criminal justice process because it needs to be seen from the perspective of the effectiveness of the legal substance, where the evidence must be reasonable (logical) and acceptable to the five senses in order to find a bright spot in the commission of the black magic crime.