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All Journal AL-Ishlah : Jurnal Ilmiah Hukum HORIZON PUBLIC LEGAL STUDIES
Nur Fadhilah Mappaselleng
Faculty of Law, Universitas Muslim Indonesia
Law, Crime, Criminology & Criminal Justice

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COLD-BLOODED CYBER EXTORTION TRAP: The Method of Distributing Immoral Content as a Criminal Weapon of Threats on Social Media Surya Wirawan; Nur Fadhilah Mappaselleng; Dwi Handayani
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/hegels.v2i1.1324

Abstract

This study aims to determine and analyze the investigation process for criminal acts of threats and extortion via social media and to identify the inhibiting factors in the investigation of criminal acts of threats and extortion via social media, particularly involving the distribution of immoral content. This study employed empirical research methods. Data collection techniques included interviews and documentation. The study was conducted in Makassar, specifically at the South Sulawesi Regional Police Headquarters. The results of the author's research are that the process of investigating criminal acts of threats with extortion is the same as handling other general crimes if the report is received then an investigation warrant and SP2HPA1 (Notification of the progress of the report research results) are issued. The results of the investigation find at least 2 initial pieces of evidence that are sufficient in accordance with the provisions of Article 184 of the Criminal Procedure Code then the status will be raised from the preliminary stage to the preliminary stage and the issuance of SP2HP A3 (Notification of Investigation Results) is issued. However, if the results of the investigation of the reported case are not a criminal case or do not meet the provisions of Article 184 of the Criminal Procedure Code then the investigation must be stopped and the issuance of SP2HP A2 (Notification of the Progress of Investigation Results) or usually the investigation is stopped. The inhibiting factors in the investigation process against suspects who commit criminal acts of threats and extortion through social media include sometimes the reported party is not cooperative, evidence has been deleted which results in the digital tracking process becoming more complicated and long, and the perpetrator is usually outside the jurisdiction of the South Sulawesi Regional Police and there is often a lack of witnesses and evidence. The author's recommendation is that the police should increase cooperation in resolving criminal cases, both with related agencies and with the public. There is also the need for comprehensive public education regarding the importance of a cooperative attitude when dealing with the law to facilitate investigations and handling of a case. The public also needs to increase awareness of electronic media security and participate in reporting cybercrime to the police. Law enforcement officers also need to be equipped with adequate tools and strengthen coordination and cooperation between the government, law enforcement officers, and the public. Thus, these steps are expected to increase the effectiveness of law enforcement and reduce obstacles in overcoming the spread of immoral content through electronic media.
The Legal Construction of Electoral Crimes in the Indonesian Legislative Framework Muhammad Fadel Kadir; Nur Fadhilah Mappaselleng; Askari Razak
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/jy300x32

Abstract

This study examines the legal construction of electoral crimes within the Indonesian legislative framework. Elections in Indonesia are constitutionally mandated to be conducted in a direct, general, free, secret, honest, and fair manner as stipulated in Article 22E of the 1945 Constitution. To safeguard these principles, various statutory regulations have been enacted, particularly Law No. 7 of 2017 on General Elections and Law No. 10 of 2016 on Regional Head Elections. This research employs a normative legal method with statutory, conceptual, and analytical approaches to analyze the formulation of electoral criminal norms, the structure of offenses, legal subjects, protected legal interests, and sanction mechanisms. The study finds that the regulation of electoral crimes has been systematically constructed through a multi-layered framework consisting of constitutional provisions, statutory regulations, general criminal law, and implementing regulations. However, several issues remain, including ambiguity in the formulation of offense elements, overlap between administrative, ethical, and criminal violations, limited regulatory reach over digital-based electoral offenses, and inconsistencies in sanction proportionality. These challenges affect the effectiveness of electoral law enforcement and the protection of fundamental electoral principles. Therefore, harmonization and reformulation of electoral criminal norms are necessary to ensure clearer offense elements, stronger legal certainty, and a sanction system that proportionally protects the integrity of electoral processes and democratic legitimacy in Indonesia
Judicial Review of the Legality of Law Enforcement Actions in Pretrial Proceedings: An Analysis of the Makassar District Court Decision No. 36/Pid.Pra/2023/PN Mks St Fatimah; La Ode Husen; Nur Fadhilah Mappaselleng
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/

Abstract

This study aims to analyze the legality of law enforcement actions in pretrial proceedings, particularly concerning the determination of suspect status, arrest, and detention, as reflected in the Decision of the Makassar District Court No. 36/Pid.Pra/2023/PN Mks. The research employs a normative juridical method with statute, case, and conceptual approaches. The findings indicate that the judge in the pretrial decision emphasized formal legality and procedural compliance in assessing the validity of investigative actions. The determination of suspect status, arrest, and detention were declared lawful due to the existence of at least two valid pieces of evidence and the fulfillment of procedural requirements in accordance with the Criminal Procedure Code. The Applicant’s arguments were rejected primarily due to the ضعف of evidentiary support, particularly the inability to demonstrate concrete procedural violations. In contrast, the Respondent successfully presented systematic and consistent documentary evidence demonstrating adherence to legal procedures. The study further reveals that pretrial proceedings in practice tend to function as a mechanism of administrative control rather than a substantive review of evidentiary quality. This condition raises concerns regarding the effectiveness of pretrial proceedings in protecting human rights. Therefore, strengthening evidentiary standards and expanding the scope of judicial review are necessary to ensure more comprehensive legal protection
Co-Authors Askari Razak Dwi Handayani La Ode Husen Muhammad Fadel Kadir St Fatimah Surya Wirawan