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All Journal Collegium Studiosum Journal
Sandra Dewi
Program Pascasarjana Ilmu Hukum, Univesitas Lancang Kuning, Pekanbaru, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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IMPLEMENTASI PADA ALAT BUKTI JEJAK DIGITAL DALAM PENEGAKAN HUKUM TINDAK PIDANA PENIPUAN ONLINE Muhammad Safei; Sandra Dewi; Olivia Anggie Johar
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2019

Abstract

The rapid development of information technology has led to an increase in online fraud crimes that utilize electronic media and internet networks. In enforcing the law against such crimes, digital trace evidence plays a crucial role in uncovering criminal acts, identifying perpetrators, and proving guilt before the court. However, the implementation of digital evidence in law enforcement practices still faces various challenges, including legal, technical, and human resource aspects. This study aims to analyze the implementation of digital trace evidence in the law enforcement of online fraud crimes within the jurisdiction of the Riau Regional Police. The research employs a socio-legal method with statutory and case approaches. Data were collected through literature studies and supporting interviews, and analyzed using qualitative descriptive analysis. The findings indicate that digital trace evidence has been significantly utilized in the processes of investigation, prosecution, and judicial proof of online fraud cases. Nevertheless, its effectiveness is constrained by limited digital forensic facilities, the complexity of electronic evidence examination, and the lack of public awareness regarding reporting mechanisms and the preservation of digital evidence. Therefore, strengthening regulations, enhancing law enforcement capacity, and increasing public legal awareness are essential to achieve effective, fair, and legally certain law enforcement.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCURIAN BUAH KELAPA SAWIT Syarif Khadis; Bagio Kadaryanto; Sandra Dewi
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2023

Abstract

Law enforcement against the criminal offense of oil palm fruit theft in Rokan Hulu Regency demonstrates the importance of synchronizing technical guidelines such as Supreme Court Regulation (Perma) Number 2 of 2012 with higher-level legal instruments, particularly the latest Criminal Code (KUHP). Hans Kelsen’s theory of the hierarchy of norms emphasizes that the validity of lower-level norms must conform to higher-level norms, so that law enforcement officers can perform their duties in a fair, effective, and legally consistent manner. This research is expected to serve as a reference for updating guidelines on the handling of minor criminal offenses, ensuring their alignment with the development of national law and the needs of society. This study is a sociological (empirical) legal research. The findings indicate that law enforcement against oil palm fruit theft in Rokan Hulu Regency through Supreme Court Regulation Number 2 of 2012 has been relatively successful in accelerating case resolution and in applying the principles of restorative justice. Mediation and compensation agreements have proven to be effective mechanisms for cases involving low economic losses, while simultaneously reducing the burden on the courts. Nevertheless, the effectiveness of law enforcement remains constrained by weak coordination among law enforcement agencies and related institutions, public perceptions regarding minor criminal offenses, and limited public understanding of legal procedures. The obstacles in law enforcement against the criminal offense of oil palm fruit theft based on Supreme Court Regulation Number 2 of 2012 in Rokan Hulu Regency include limitations in evidence and documentation, constraints in resources and capacity of law enforcement officers, and inconsistencies between legal norms and the socio-economic conditions of the community. Efforts to overcome these obstacles may be pursued through a progressive legal approach and the consistent application of restorative justice, which are more responsive to social realities while still upholding legal certainty and justice.
Co-Authors Bagio Kadaryanto Muhammad Safei Olivia Anggie Johar Syarif Khadis