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All Journal Integritas: Jurnal Antikorupsi JURNAL DE JURE MUHAMMADIYAH CIREBON Jatijajar Law Review Greenation International Journal of Law and Social Sciences
Dewi, Elya Kusuma
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PERBANDINGAN TINDAK PIDANA TERTENTU DALAM UNDANG-UNDANG NOMOR 1 TAHUN 1946 DENGAN UNDANG-UNDANG NOMOR 1 TAHUN 2023 DITINJAU DENGAN TEORI TUJUAN HUKUM MENURUT GUSTAV RADBRUCH Alamsyah, Muhamad Sadam; Shobari, Ahmad; Gusma, Almabiyan; Rahmanda, Mita Riza; Antoni, Herli; Dewi, Elya Kusuma
Jurnal De Jure Muhammadiyah Cirebon Vol 7 No 1 (2023): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v7i1.4209

Abstract

In realizing a Legal Purpose Proposed by Gustav Radbruch, namely Law must realize Legal Certainy, Legal Justice, and Legal Benefit every applicable law must realize a legal goal that is felt by community. Law Number 1 of 1946 concering the Criminal Code in providing Legal Certainy is still lacking due to the may doctrinal clashes in each article. And in Legal Justice provides a sense of Satisfaction, especially the justice that occurs in the community. Namely in the death penalty in serious crimes like premeditated murder. In the aspect of Legal Benefit, it provides benefits to the community to always comply and limit their behavior. But it must be followed by times. In Law Number 1 of 2023 concering the Criminal Code in realizing the objectives of law through aspect Legal certainty guarantees the concents of the article because the regulations is a product produced through the Legislative Body. In processing rights and obligations by Legal Justice, it still not felt to fulfill the sense of justice that occurs in the community, especially in death penalty with probation. Legal expediency in this Law follows the times that occur in Indonesia so that the benefits of this Law will be useful for communities in protecting their indvidual rights. Legal Reform contained in Law Number 1 Year 2023 follows the times that have occurred in Indonesian Anthropology, through several rules in terms of adultery for someone who is not yet married and respect the Living Law in society (The Living Law). Keywords: Comparison, Criminal, Purpose of Law, Gustav Radbruch.
Penegakan Hukum Terhadap Tindak Pidana Perundungan Melalui Dunia Maya (Cyberbullying) Di Polresta Cirebon Ilyas, Raihan; Rahman, Nur; Dewi, Elya Kusuma
JATIJAJAR LAW REVIEW Vol 3, No 2 (2024): JATIJAJAR LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Muhammadiyah Gombong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26753/jlr.v3i2.1429

Abstract

The rapid development and progress of information and communication technology in the field of social media at all levels of Indonesian society, however, the development of social media also has negative impacts, one of which is the phenomenon of criminal behavior, such as oppression, bullying, harassment and insults online, which better known as the crime of Cyberbullying. This research aims to understand how law enforcement is implemented by the Cirebon Police in overcoming the phenomenon of cyberbullying. The research approach applied in this study involves 2 (two) different approaches, namely the empirical juridical approach and the normative juridical approach. Data collection techniques used in this research include observation, interviews and documentation. The results of this research show commitment to dealing with cybercrime. The existing legal framework, especially the Information and Electronic Transactions Law (UU ITE), is the basis for handling these cases. However, there are several challenges faced, such as the anonymity of the perpetrators, digital evidence being deleted and low public awareness, especially parents who do not supervise their children in using social media properly and correctly. what hinders this main goal is that it all depends on the victim who is dissatisfied with the mediation method. Victims sometimes want to continue the process to court because the victim wants the perpetrator to be punished as severely as possible.
Bankruptcy because the Honor of the Management has not been agreed between the Management and the Debtor in PKPU (Case Study of the Commercial Court Decision at the Surabaya District Court Number 13 / PDT. SUS-PKPU/2023/PN NIAGA SBY) Giysmar, Najib A; Dewi, Elya Kusuma
Greenation International Journal of Law and Social Sciences Vol. 2 No. 1 (2024): (GIJLSS) Greenation International Journal of Law and Social Sciences (March 202
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v2i1.147

Abstract

COVID-19 has had a significant impact on business actors in fulfilling their obligations to their business partners, so many business actors have requested the postponement of debt payment obligations (PKPU), including PT Mas Murni Indonesia Tbk (In PKPU). The Peace Agreement that was agreed upon between PT Mas Murni Indonesia (In PKPU) and 100% of its Creditors was rejected by the supervisory judge and the Panel of Judges, considering that there was no agreement between the Management Team and PT Mas Murni Indonesia (In PKPU).
Potential corruption due to the change from the death penalty to life imprisonment in Indonesia's New Criminal Code Effendi, Erdianto; Dewi, Elya Kusuma; Saragih, Geofani Milthree
Integritas: Jurnal Antikorupsi Vol. 11 No. 1 (2025): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v11i1.1404

Abstract

Capital punishment has long been used as a form of punishment for serious crimes, including corruption, with the aim of deterring and preventing offenses that harm the state and society. This study examines the impact of replacing the death penalty with life imprisonment in Indonesia’s new Criminal Code, particularly on efforts to eradicate corruption and its implications for law enforcement. The study employs a normative legal method, using legislative, conceptual, and comparative approaches to explore the historical application of the death penalty for corruption offenses, compare practices in countries such as China and Saudi Arabia that still enforce capital punishment, and analyze the policy shift in the Indonesian context. The findings indicate that replacing the death penalty may weaken its deterrent effect and increase the risk of corruption, especially if not supported by policies that strengthen law enforcement. Nevertheless, this change aligns with the principle of human rights protection, which is a key consideration in modern legal systems. This study recommends alternative measures such as asset forfeiture, the imposition of maximum fines, restrictions on political rights, and enhanced transparency and oversight to promote more effective and equitable anti-corruption policies.
Co-Authors Ahmad Shobari Alamsyah, Muhamad Sadam Erdianto Effendi Giysmar, Najib A Gusma, Almabiyan Herli Antoni Ilyas, Raihan Nur Rahman, Nur Rahmanda, Mita Riza Saragih, Geofani Milthree