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Evi Elisanti
Fakultas Keguruan dan Ilmu Pendidikan, Universitas Duta Bangsa Surakarta
Law, Crime, Criminology & Criminal Justice Social Sciences

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Penegakan Hukum Terhadap Tindak Pidana Perjudian Ditinjau Berdasarkan Pasal 303 Kitab Undang-Undang Hukum Pidana Raden Sumito Joyokusumo; Rina Arum Prastyanti; Muhammad Habib; Evi Elisanti
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1471

Abstract

This study aims to determine 1) the law enforcement against gambling crimes as reviewed based on Article 303 of the Criminal Code. 2) the obstacles and challenges faced in law enforcement against gambling crimes as reviewed based on Article 303 of the Criminal Code. This research method uses an empirical juridical approach, which is research that examines legal realities that occur in society, by looking at it from an empirical perspective. The types of data used are primary data through interviews and secondary data sourced from primary, secondary, and tertiary legal materials. Data collection techniques are carried out through interviews and literature studies. Data analysis techniques are carried out descriptively qualitatively with data reduction, data presentation, and drawing conclusions. The results of the study indicate that law enforcement against gambling crimes as reviewed based on Article 303 of the Criminal Code based on law enforcement theory according to Soerjono Soekanto, the success of law enforcement is influenced by five factors: legal factors (legal substance), law enforcement factors, means or facilities factors, community factors, legal culture factors. Article 303 of the Criminal Code provides a clear legal basis for prosecuting perpetrators of gambling crimes, both as organizers and participants. Obstacles faced in law enforcement against offline gambling include proving the elements of the crime, limited human resources and infrastructure of law enforcement officers, and social and cultural factors, where gambling is still considered a tradition or social entertainment that is difficult to eradicate. Obstacles faced in law enforcement against online gambling include limited regulations in the Criminal Code, difficulties in identifying and tracking perpetrators, and digital evidence. Challenges to law enforcement under Article 303 of the Criminal Code include the principles of legality and legal certainty, inter-institutional coordination, and rapid technological developments, which pose challenges for law enforcement. Another challenge faced in law enforcement is the weak deterrent effect of criminal sanctions imposed on gambling perpetrators.
Tinjauan Yuridis Terhadap Tindak Pidana Penyalahgunaan Narkotika Berdasarakan Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika Raden Daru Fajar Nusantara; Aris Prio Agus Santoso; Peter Guntara; Evi Elisanti
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1472

Abstract

This study aims to determine 1) the legal review of the crime of narcotics abuse based on Law Number 35 of 2009 concerning narcotics. 2) obstacles and law enforcement efforts against the crime of narcotics abuse based on Law Number 35 of 2009 concerning narcotics. This research method uses a normative legal approach with a prescriptive research type that focuses on literature studies. The data used are secondary data sourced from primary, secondary, and tertiary legal materials. The data collection technique is carried out through literature studies. The data analysis technique is carried out descriptively qualitatively with data reduction, data presentation, and drawing conclusions. The results of the study indicate that the study shows that Law Number 35 of 2009 has clearly regulated provisions regarding narcotics abuse and its sanctions. Obstacles to the crime of narcotics abuse are legal substance obstacles, legal structure obstacles, facilities and infrastructure obstacles, community legal culture obstacles and external factors such as technology and transnational networks. Law enforcement efforts against narcotics abuse crimes are classified into representative efforts, preventive efforts and rehabilitative efforts.
Perlindungan Hukum Terhadap Anak Sebagai Korban Kekerasan Dalam Rumah Tangga Devi Ariani; Aryono Aryono; Muhammad Habib; Evi Elisanti
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1478

Abstract

This study aims to determine 1) the legal protection of children as victims of domestic violence. 2) the obstacles faced and alternative solutions provided to children as victims of domestic violence. This research method uses a normative-empirical legal approach with a prescriptive research type, focusing on literature studies. The data used are primary data through interviews and secondary data sourced from primary, secondary, and tertiary legal materials. The data collection technique is carried out through literature studies. The data analysis technique is descriptive qualitative with data reduction, data presentation, and drawing conclusions. The results of the study indicate that the study shows that Law Number 35 of 2014 provides legal protection for child victims of domestic violence and guarantees the fulfillment of children's rights so that they can live, grow, develop, and participate optimally in accordance with human dignity and dignity, and receive protection from violence and discrimination, for the realization of quality, noble, and prosperous Indonesian children. Obstacles include lack of human resources, inadequate facilities, difficulty in obtaining information from victims because they are still afraid, ashamed, and traumatized, and lack of public awareness regarding domestic violence against children. Alternative solutions include prevention through education of parents and the community. Awareness campaigns with public education, strengthening the role of schools, legal protection by strengthening regulations to protect children from violence. Economic empowerment programs for victim families. Handling cases of violence through reporting and early intervention, psychological assistance, enforcement of child protection laws, rehabilitation. Long-term recovery and support through psychosocial guidance, access to education and health, adoption and foster care programs. Prevention and handling of child violence requires cooperation from all parties, including families, schools, communities, and the government so that children can grow up in a safe and healthy environment.
Analisis Yuridis Terhadap Tindak Pidana Perampasan Kendaraan Bermotor Oleh Debt Collector Dalam Praktek Leasing di Indonesia (Studi Putusan No. 176/Pid.B/2018/PN. Lbo) Hesty Tanjung Wigianti; Widi Nugrahaningsih; Hery Dwi Utomo; Evi Elisanti
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1479

Abstract

This study aims to determine 1) the legal analysis of the criminal act of unilateral confiscation of motor vehicles by debt collectors in leasing practices in Indonesia (Study of Decision No. 176/Pid.B/2018/PN. Lbo). 2) the legal responsibility of leasing companies for the criminal act of unilateral confiscation of motor vehicles carried out by debt collectors in leasing practices in Indonesia (Study of Decision No. 176/Pid.B/2018/PN. Lbo). This research method uses a normative legal approach. The type of data used is secondary data. Secondary data is data obtained through literature studies. The secondary data of this study are primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique is carried out through literature studies. The data analysis technique used is qualitative analysis. Qualitative data analysis because it is integrated with the activities of data collection, data reduction, data presentation, and conclusions from research results. The results of the study indicate that the study shows that the decision Number 176 / Pid.B / 2018 / PN Lbo, the taking of motor vehicles by debt collectors without the consent of the debtor, without a legal execution procedure, and accompanied by elements of coercion or threats, fulfills the elements of a criminal act as regulated in Article 365 of the Criminal Code (theft with violence) or Article 368 of the Criminal Code (extortion), depending on the modus operandi and legal facts in the trial. This confirms that the action is not just a matter of civil default, but has entered the criminal realm. Leasing companies can be held legally responsible as an extension of the financing company based on the principle of vicarious liability, the provisions of Article 1367 of the Civil Code for unlawful acts committed by debt collectors as long as they carry out their duties. Decision No. 176 / Pid.B / 2018 / PN Lbo shows that the pretext of using a third party does not eliminate the company's legal responsibility. If a debt collector commits an unlawful act in the process of billing or repossessing a vehicle, the leasing company can be held accountable either criminally, civilly or administratively and is liable under consumer protection law.
Co-Authors Aris Prio Agus Santoso Aryono Aryono Devi Ariani Hery Dwi Utomo Hesty Tanjung Wigianti Muhammad Habib Peter Guntara Raden Daru Fajar Nusantara Raden Sumito Joyokusumo Rina Arum Prastyanti Widi Nugrahaningsih