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Padimun Lumban Tobing
IBLAM School of Law
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Efektivitas Penegakan Hukum Tindak Pidana Terorisme oleh Detasemen Khusus 88 Anti Teror (Densus 88 At) Polri dalam Perspektif Undang-Undang No. 5 Tahun 2018 Tentang Terorisme Akbar Ragiel Ar’rasyiid; Padimun Lumban Tobing
HUMANIORUM Vol 4 No 2 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i2.163

Abstract

This study assesses the effectiveness of law enforcement against terrorism crimes committed by Detasemen Khusus 88 Anti Teror (Densus 88 AT) Polri after the enactment of Law Number 5 of 2018 About Terrorism. Using a normative juridical method with a legislative and conceptual approach as well as supported by empirical data from relevant institutional reports, this study examines the aspects of prevention, investigation, and enforcement. The results of the analysis show that Law No. 5 of 2018 About Terrorism strengthens the legal basis for preventive and repressive actions. Including aspects of wiretapping, early arrest, detention, and rapid search, these aspects contribute to an increase in the ability to thwart attack plans and uncover terrorist networks. However, the effectiveness of law enforcement is also influenced by the quality of intelligence, the quality of technology, the competence of human resources, and the smooth coordination between institutions. In addition, opaque enforcement practices raise concerns about human rights and public perceptions of these powers. Recommendations from this study include the formulation of technical operational guidelines, strengthening internal and external oversight mechanisms, improving the quality of technology, and strengthening deradicalization programs to ensure that these powers are exercised effectively.
Analisis Perkawinan Beda Agama yang disahkan oleh Pengadilan Negeri Jakarta Pusat (Penetapan Nomor 155/Pdt.P/2023/PN.Jkt.Pst) Siti Sugianti; Padimun Lumban Tobing; Rahmat Dwi Putranto
LITERATUS Vol 5 No 2 (2023): Jurnal Ilmiah Internasional Sosial dan Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v5i2.1388

Abstract

The concept of interfaith marriage is not uncommon in Indonesian society, which is diverse in terms of race, ethnicity, culture, and religion. Law Number 1 of 1974 Governing Marriage governs marriages in general, however, it makes no distinctions for marriages based on specific religions. This paper examines the Central Jakarta District Court's rulings on interfaith unions and how they relate to the relevant legal statutes. This study uses a descriptive qualitative approach to analyze data gathered from primary legal sources, such as court decisions. The purpose of the analysis was to determine if the Central Jakarta District Court's ruling accords with Law Number 1 of 1974's Article 2 Paragraph 1 on marriage. The court granted the request for an interfaith marriage based on the Population Administration Law's Article 35 letter a and the Supreme Court's decision in Case Number 1400 K/PDT/1986, according to study findings. Despite taking into account both legal and societal factors, the judgment falls short of meeting all of Law Number 1 of 1974's conditions for a valid marriage. This research contributes to our understanding of Indonesian interfaith marriages and the future direction of family law. It is crucial to have more debates and analyses regarding the legitimacy of interfaith unions as well as to pass legislation that addresses this matter. To facilitate just interfaith weddings, coordination between religious, legal, and social organizations must also be taken into account.
Tindak Pidana Penipuan pada Transaksi Elektronik Ditinjau dari Hukum Positif Indonesia (Kajian Putusan Nomor 35/Pid.B/2025/PN Krg) Vina Rahmawati; Padimun Lumban Tobing
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.173

Abstract

Electronic transactions facilitate economic activity but also enable fraud to be presented as an apparently valid contractual relationship. This study examines the legal construction of criminal liability for online fraud and evaluates the application of Article 378 of the Indonesian Penal Code in Decision Number 35/Pid.B/2025/PN Krg. The research uses a normative juridical method with statutory, conceptual, and case approaches. Primary legal materials consist of the applicable Penal Code, the Electronic Information and Transactions Law, the Civil Code, and the court decision, supported by relevant legal literature. The findings show that the decisive distinction between fraud and breach of contract is not merely the non-performance of an obligation, but the presence of an unlawful intent, deceit, or a series of lies before or when the victim transfers money. In the case studied, fictitious persons and businesses, unrealistic profit promises, and the pattern of initial payments were considered together to establish the causal link between the deception and the victim’s transfer of funds. The court’s use of Article 378 was consistent with legality and culpability principles, while the proportionality of the sentence and victim recovery remain areas requiring fuller assessment.
Co-Authors Akbar Ragiel Ar’rasyiid Rahmat Dwi Putranto Siti Sugianti Vina Rahmawati