Article Per Year (5 Year)
p-Index From 2021 - 2026
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This Author published in this journals
All Journal The Easta Journal Law and Human Rights
Fenty U. Puluhulawa
Faculty of Law, Gorontalo State University
Law, Crime, Criminology & Criminal Justice

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Challenges in Law Enforcement Against Online Phishing Fraud from a Positive Law Perspective Siti Hardianti Rambing; Fenty U. Puluhulawa; Apripari Apripari
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.1009

Abstract

The development of information technology has fueled an increase in cybercrime, particularly online fraud through phishing, which poses serious challenges for law enforcement in Indonesia. This study aims to analyze the obstacles to law enforcement against phishing from a positive law perspective and to evaluate the effectiveness of existing regulations. The method used is normative legal research with a legislative and conceptual approach, through a literature review of primary, secondary, and tertiary legal materials. The results of the study indicate that the obstacles to law enforcement are multidimensional, including weaknesses in legal substance that have not adapted to technological developments, limitations in the capacity of law enforcement officials and supporting facilities, as well as low digital literacy among the public. Furthermore, the cross-border nature of the crime and the complexity of digital evidence exacerbate the challenges in law enforcement. This study concludes that an integrative approach is necessary through regulatory reform, institutional capacity building, and strengthened collaboration between the government, the private sector, and the public to achieve effective and responsive law enforcement against phishing crimes.
Traditional Leaders and the Legality of Punishment for Violence in the Indonesian Criminal Justice System Muh. Rafli Basri; Fenty U. Puluhulawa; Irlan Puluhulawa
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.1027

Abstract

This study aims to analyze the position of customary officials and the legality of violent sanctions within the Indonesian criminal justice system. The research problem arises from the continued existence of customary punishment practices involving physical and psychological violence in customary law communities, while national criminal law establishes the state as the sole institution authorized to impose criminal penalties. This study employs a normative legal method with legislative, conceptual, and case-based approaches through a literature review of primary, secondary, and tertiary legal sources. The findings indicate that traditional officials possess sociological and constitutional legitimacy in maintaining order within traditional communities; however, their authority remains limited by the principle of legality and the protection of human rights. Restorative customary sanctions remain acceptable as long as they do not violate fundamental individual rights, whereas sanctions involving elements of violence can still be classified as criminal offenses under the Criminal Code. This study underscores the importance of harmonizing customary law with national criminal law through the strengthening of a restorative justice approach and the establishment of regulations that clearly define the limits of the authority of customary institutions.
Co-Authors Apripari Apripari Irlan Puluhulawa Muh. Rafli Basri Siti Hardianti Rambing