Adi Wijaya
Sekolah Tinggi Ilmu Hukum Awang Long, Samarinda, Indonesia

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PERLINDUNGAN HUKUM TERHADAP PEMBELI BERITIKAD BAIK DARI JERAT PIDANA PENADAHAN DALAM TRANSAKSI MEDIA SOSIAL Adi Wijaya; Eli Tri Kursiswanti; Muhammad Arganata Thamrin
Collegium Studiosum Journal Vol. 9 No. 1 (2026): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v9i1.2312

Abstract

The rise of second hand goods transactions through social media has created a fast, inexpensive, and accessible economic space. Nevertheless, it also produces a risk of criminalisation against buyers who temporarily possess goods later alleged to originate from a crime. This article examines legal protection for good faith purchasers in second-hand mobile phone transactions conducted through social media, particularly when the transaction occurs through cash on delivery, the device is locked, the seller applies pressure, and the buyer pays a down payment merely to avoid further conflict. This research applies a normative juridical method using statutory, conceptual, and normative case-study approaches. The article argues that receiving stolen goods under Article 591 of Law Number 1 of 2023 on the National Criminal Code cannot be established solely by physical possession. Investigators must prove the subjective element that the buyer knew or should reasonably have suspected that the goods originated from a crime. Defects of consent caused by intimidation, pressure, and deception may undermine the mens rea element. Investigators must also verify the predicate crime, lawful owner, IMEI or item identity, and electronic transaction records before directing a buyer as a suspect. This article proposes a due-diligence-based evidentiary model and stronger procedural safeguards to prevent the criminalisation of good faith purchasers.
IMPLEMENTASI SMART VILLAGE DALAM PERSPEKTIF ADMINISTRASI PUBLIK: STUDI KASUS DI KOTA SAMARINDA KALIMANTAN TIMUR Linda Afriani; Adi Wijaya; Husni Fahrudin
Collegium Studiosum Journal Vol. 9 No. 1 (2026): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v9i1.2326

Abstract

The implementation of the Smart Village concept has evolved as a strategic approach to address regional challenges, including gaps in public services and technological access. This study aims to analyze the implementation of the Smart Village program in Samarinda City, East Kalimantan, from a public administration perspective using George C. Edward III’s policy implementation framework, which encompasses four variables: communication, resources, disposition, and bureaucratic structure. A qualitative descriptive approach was employed, focusing on case studies in Kelurahan Lempake and Kelurahan Pelita. Data were analyzed utilizing Miles and Huberman’s interactive model, consisting of data reduction, data display, and conclusion drawing. The results indicate that the application of Smart RT and SamaGov/Samagov in both urban villages has successfully enhanced service efficiency, accelerated administrative processes, and enabled a paperless system. Nonetheless, the implementation continues to face challenges, such as low digital literacy among the public (particularly the elderly), limited human resource capacity of village/neighborhood (RT) officials, centralized archival data management at the city government level, and the absence of real-time monitoring dashboards at the urban village level. This study concludes that strong administrative commitment and adaptive communication patterns serve as the key determining factors for the success of this digital transformation.