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All Journal Jurnal Ilmiah Hukum dan Dinamika Masyarakat UNTAG Law Review Jurnal Ilmiah Dunia Hukum Journal Philosophy of Law
Antonino Pedro Marsal
Universitas Oriental Timor Lorosa'e/IBTL, Timor-Leste
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice

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The Effectiveness of Wallacea Net Operation as a Model for Implementing the Port State Measures Agreement in Indo-Pacific Ema Nurhayati; Antonino Pedro Marsal
Journal Philosophy of Law Vol 7, No 2 (2026): Philosophy of Law
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v7i2.7334

Abstract

The Indo-Pacific region faces non-traditional maritime security threats, with Illegal, Unreported, and Unregulated (IUU) Fishing as a multidimensional problem that causes regional economic losses. Indonesia, as one of the largest archipelagic countries in the world, has implemented Wallacea Net Operation to protect its maritime sovereignty from the threat of IUU Fishing, but a comprehensive evaluation of its effectiveness is still limited. This study aims to analyze how the implementation of Wallacea Net Operation as a model for implementing PSMA in the Indo-Pacific region using normative legal research methods through literature studies. The results of the study show that Wallacea Net Operation has a strong historical and legal basis, starting from the Djuanda Declaration in 1957 to the ratification of PSMA in 2016. This operation represents the implementation of coastal state jurisdiction according to UNCLOS 1982 and has shown significant results in reducing IUU Fishing cases in Indonesian waters. However, implementation challenges remain related to limited resources, inter agency coordination, and regional diplomatic relations. Concrete recommendations from this study include harmonization of laws and regulations related to maritime security, increasing the capacity of surveillance technology, strengthening regional cooperation through the Indo-Pacific Fisheries Intelligence Network, intensifying maritime diplomacy to encourage ratification of the PSMA in more countries in the region, and developing effective public diplomacy strategies to legitimize ship sinking policies.
Penipuan Investasi Saham dan Kripto Berbasis Phishing: Studi Kasus Platform JYPRX, SYIPC, dan LEEDXS Dara Durotul Afifah; Deriza Sultan; Syfa Putri Irmala; Clarinta Alda Fuadiyah; Rudi Nopiansyah; Antonino Pedro Marsal
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 24, No 2 (2026): Hukum dan Masyarakat
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/hdm.v24i2.7394

Abstract

ABSTRACT; The rapid development of digital technology has increased the risk of cybercrime, particularly phishing, which exploits digital investment trends to defraud the public. This study examines phishing cases involving fake stock and cryptocurrency trading platforms operating under the guises of JYPRX, SYIPC, and LEEDXS, which were uncovered by the Criminal Investigation Agency of the Indonesian National Police in March 2025 and resulted in losses of approximately Rp105 billion for ninety victims. This study aims to analyze the fulfillment of the elements of Routine Activity Theory namely, the presence of a motivated perpetrator, a suitable target, and the absence of competent guards as well as to examine the legal framework and criminal liability of the perpetrators under Indonesian positive law. This study employs a normative legal method through legislative, jurisprudential, conceptual, and interdisciplinary approaches. The legal framework is based on the cumulative application of Article 35 in conjunction with Article 51(1), Article 28(1) in conjunction with Article 45A(1) of the ITE Law, and Article 492 of the Criminal Code, along with the doctrine of joint criminal liability under Articles 20 and 21. This study concludes that combating phishing requires strengthening preventive oversight and improving digital literacy, in addition to law enforcement.
Legal Problems in Incorporating Special Crimes into Chapter XXXV of the National Criminal Code Eugenia Priska Labaran; Budi Prastowo; Antonino Pedro Marsal
Jurnal Ilmiah Dunia Hukum Vol 11, No 1 (2026): VOLUME 11 ISSUE 1 OCTOBER 2026
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v11i1.7313

Abstract

The National Criminal Code marks a major milestone in Indonesian criminal law reform, notably through Chapter XXXV on Special Crimes, which absorbs certain offences relating to gross human rights violations, terrorism, corruption, money laundering, and narcotics from sectoral statutes. This study analyses the legal consequences of that incorporation for the relationship between the Code and special criminal laws, taking into account the changes introduced by Law Number 1 of 2026 on Criminal Adjustment. Employing normative legal research with statutory and conceptual approaches and a descriptive-analytical examination of the relevant provisions, the study finds that incorporation was carried out selectively and produced five patterns with differing legal consequences. Penalty changes derived from a modified Delphi method have created disproportion between incorporated offences and comparable offences left outside the Code. The repeal of provisions of the Narcotics Law without re-enactment briefly created a legal vacuum, later corrected by the Criminal Adjustment Law, but leaving a dual regulatory framework and a new imbalance stemming from the abolition of special minimum penalties for narcotics alone. Regulating terrorism financing in Article 602 of the Code without repealing Articles 11 and 13 of the Terrorism Law has produced overlapping provisions carrying different penalties. The article recommends article-by-article harmonisation, a review of the proportionality of penalties, and uniform application guidelines for law enforcers.
Legal Analysis of Criminal Liability of Directors and Commissioners in Corporate Crimes Tri Sandi; Zefri Ansari; Peter Valentino Munthe; Sumarno Sumarno; Suci Ramadani; Antonino Pedro Marsal
UNTAG Law Review Vol 10, No 1 (2026): Legal Review of the Authority of State Attorneys in State Administrative Cases
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v10i1.7155

Abstract

ABSTRACT This study examines the role of directors and commissioners in corporate crimes from the perspective of criminal liability based on developments in national criminal law. The enactment of Law Number 1 of 2023 concerning the Criminal Code brought about important changes because corporations are expressly recognized as subjects of criminal offenses as regulated in Article 45. Articles 46 through 49 expand the scope of perpetrators, the criteria for corporate crimes, and the parties who can be held accountable, including managers, those who give orders, those who control, and beneficial owners. This study uses a normative legal research method with both a statutory and conceptual approach. The results indicate that directors hold a strategic position in corporate crimes because they carry out the functions of managing, making decisions, and controlling the company's operations. Meanwhile, commissioners have a supervisory and advisory function to directors, so they can be held accountable if there is negligence, approval, serious negligence, or factual control over criminal acts committed by corporations. From a criminal law perspective, the accountability of directors and commissioners cannot be based solely on formal positions, but must be proven through the relationship between authority, errors, actions, corporate profits, corporate policies, and failure to implement preventative measures and comply with the law. This research confirms that the theories of identification, vicarious liability, organizational culpability, and piercing the corporate veil can be used to understand the human involvement behind corporations. Therefore, corporate criminal liability must be balanced, namely by not allowing corporations to become a shield for crime, but also by not criminalizing directors and commissioners without a clear basis for culpability.
Co-Authors Budi Prastowo Clarinta Alda Fuadiyah Dara Durotul Afifah Deriza Sultan Ema Nurhayati Eugenia Priska Labaran Peter Valentino Munthe Rudi Nopiansyah Suci Ramadani Sumarno Sumarno Syfa Putri Irmala Tri Sandi Zefri Ansari