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All Journal JURNAL ILMIAH GEMA PERENCANA Jurnal Pengabdian Masyarakat dan Riset Pendidikan
Ernawati
Universitas Esa Unggul
Religion Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Mathematics Other

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Analisis Pertanggungjawaban Pidana Terhadap Penipuan Online Melalui Aplikasi Telegram dalam Perspektif Hukum Pidana Siber Indonesia: Penelitian Dian Putri Yasinta; Ernawati
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 3 (2026): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 3 (Januari 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i3.4295

Abstract

This research examines criminal liability for online fraud committed through the Telegram application from the perspective of cyber criminal law in Indonesia. The study aims to analyze the forms of criminal responsibility of digital fraud perpetrators and to assess legal certainty in the application of Article 492 of the Criminal Code as stipulated in Law Number 1 of 2023 and Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of the Law on Electronic Information and Transactions. This research employs a normative legal method with a statutory approach, using descriptive- analytical techniques to examine relevant legal norms governing fraud committed through electronic means. The findings indicate that the elements of actus reus and mens rea in online fraud offenses have been fulfilled, thereby enabling perpetrators to be held criminally liable. Nevertheless, the Law on Electronic Information and Transactions, as a lex specialis, is considered more appropriate in addressing the characteristics of cybercrime, as it specifically regulates the use of electronic systems and electronic transactions. This study also identifies law enforcement challenges, including normative ambiguities between the Criminal Code and the ITE Law, technical obstacles in evidence collection due to anonymity and encryption, and limitations in the digital forensic capacity of law enforcement agencies, thus necessitating regulatory harmonization and the strengthening of cyber law enforcement capabilities.
Kajian Perbandingan Kewarisan Aset Kripto bagi Hak Waris Anak Sambung di Indonesia dan Singapura: Penelitian Samuel Michael Salim Wiyono; Ernawati
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 3 (2026): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 3 (Januari 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i3.4578

Abstract

The advancement of digital technology has given rise to digital assets, particularly cryptocurrency, which poses new challenges in inheritance law, especially regarding legal certainty for parties not recognized as statutory heirs, such as stepchildren. In the legal systems of Indonesia and Singapore, stepchildren are normatively excluded from being intestate heirs. This research aims to analyze the inheritance rights of stepchildren over digital assets from the perspective of civil inheritance law in Indonesia and Singapore, as well as to compare the level of legal certainty provided by both legal systems, particularly regarding the recognition of cryptocurrency as an object of inheritance. The research method employed is normative legal research using statute, conceptual, and comparative approaches. This study utilizes primary legal materials in the form of relevant statutory regulations and court decisions, as well as secondary legal materials comprising legal doctrine, literature, and scholarly works discussing inheritance law and digital assets. The results indicate that in both Indonesia and Singapore, stepchildren are not recognized as statutory heirs; thus, they can only inherit assets through grant or testamentary mechanisms. However, a fundamental difference lies in the legal status of digital assets as objects of inheritance. Singapore offers a higher level of legal certainty because cryptocurrency has been recognized as property within its common law system.
Tinjauan Konstitusional Penunjukan Penjabat Kepala Daerah Berdasarkan Prinsip Demokrasi dan Kedaulatan Rakyat: Penelitian Putri Zein Handayani; Ernawati
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 3 (2026): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 3 (Januari 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i3.4866

Abstract

The principle of popular sovereignty as enshrined in Article 1 paragraph (2) and Article 18 paragraph (4) of the 1945 Constitution of the Republic of Indonesia mandates that regional head positions must be filled democratically. However, the 2024 simultaneous regional election policy resulted in leadership vacancies across 271 regions, which were subsequently filled through an appointment mechanism under the Minister of Home Affairs Regulation Number 4 of 2023. This research aims to analyze the conflict between the necessity of filling administrative vacancies and democratic ideals, while critically examining central government dominance within the process. The research method employed is normative legal research with statutory and conceptual approaches conducted through literature review. The results indicate that the direct appointment mechanism by the President and the Minister of Home Affairs has effectively amputated the people's right to sovereignty in the regions. The role of the Regional House of Representatives (DPRD) has been reduced to a mere administrative formality, leading to a deficit in moral legitimacy and a shift in accountability from horizontal (to the local community) to vertical (to central authorities). This top-down and closed appointment process has proven to trigger public resistance, as evidenced by cases in Jayapura Regency and Morotai Island. In conclusion, a regulatory reconstruction prioritizing the principle of meaningful participation is essential to ensure that the governmental transition remains rooted in the spirit of popular sovereignty and constitutional regional autonomy.
Restorative Justice for the Protection of Children in Conflict with the Law: A Legislative Perspective in Muslim Countries in Southeast Asia Ernawati; Erwan Baharudin; Moh Shohib; Henry Arianto
JURNAL ILMIAH GEMA PERENCANA Vol 4 No 3 (2026): Jurnal Ilmiah Gema Perencana
Publisher : POKJANAS Bekerja Sama Biro Perencanaan dan Penganggaran, Sekretariat Jenderal Kementerian Agama RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61860/jigp.v4i3.379

Abstract

Children in conflict with the law represent one of the most vulnerable groups within the criminal justice system because they stand at the intersection of legal accountability and the state’s responsibility to safeguard their rights and best interests. In the development of contemporary criminal law, restorative justice has gained increasing recognition as an alternative paradigm that prioritizes restoration, rehabilitation, and the social reintegration of child offenders, particularly in response to the shortcomings of retributive justice. This reseach examines the substance of restorative justice within the juvenile justice systems of three Muslim-majority Southeast Asian countries, namely Indonesia, Malaysia, and Brunei Darussalam, with particular attention to differences in normative recognition and their implications for the protection of children’s rights. The study employs normative legal research using a comparative law approach, focusing on statutory frameworks and institutional mechanisms governing the rehabilitation of children in conflict with the law in the three jurisdictions. The findings reveal that Indonesia expressly incorporates restorative justice and diversion into its positive legal framework, while Malaysia and Brunei Darussalam recognize similar principles more implicitly through rehabilitative and non-custodial measures. These normative differences affect the consistency of implementation, the degree of legal certainty, and the overall effectiveness of restorative justice practices. Accordingly, regulatory strengthening and policy harmonization among Southeast Asian Muslim countries are essential to promoting a sustainable juvenile justice system that is consistently oriented toward rehabilitation and the best interests of the child.
Co-Authors Dian Putri Yasinta Erwan Baharudin Henry Arianto Moh Shohib Putri Zein Handayani Samuel Michael Salim Wiyono