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Tindak Pidana Pemalsuan Surat Dalam Perspektif Hukum Pidana Indonesia Tasripin, Ipin; Heliany, Ina
FOCUS Vol 7 No 1 (2026): FOCUS: Jurnal Kajian Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i1.2083

Abstract

The criminal act of document forgery is an unlawful act because it can cause harm to others and undermine public trust in the validity of documents. Forgery occurs when someone intentionally creates, modifies, or imitates a document to make it appear as if it is authentic and issued by an authorized party, when in fact it is not. The formulation in this research is how criminal law regulates the crime of document forgery in Indonesia and how the law is applied by judges in sentencing perpetrators of document forgery, as seen in the Subang District Court Decision Number 60/Pid.B/2024/PN Sng. This research is normative legal research, a method that focuses on analyzing legal regulations, legal principles, and prevailing legal doctrines. The researcher uses legal sources such as statutes, regulations, court decisions, and legal literature to understand and interpret existing law. The findings show that in criminal law, every form of involvement in a criminal act entails its own legal responsibility. In the case of document forgery committed by the defendant DP bin alm R, the witness Dedi Priyanto who gave the order should also have been held criminally liable as the person who instructed the crime, in accordance with Article 55 paragraph (1) point 1 of the Indonesian Criminal Code (KUHP). This reflects the principle that not only the direct perpetrator, but all parties who play an active role in the crime must be held legally accountable. In Decision Number 60/Pid.B/2024/PN Sng, the Panel of Judges concluded that the elements of Article 263 paragraph (1) of the Criminal Code concerning document forgery were proven against Defendant DP bin alm R. The defendant made an invoice containing false information to mislead the company into believing that a debt had been paid off. For his actions, he was sentenced to five months’ imprisonment and remained in detention, with court costs amounting to Rp. 5,000. The decision took into account the principles of legality, legal certainty, and proportionality, as well as considering the defendant’s polite demeanor as a mitigating factor.
Pertanggungjawaban Korporasi terhadap Tindak Pidana Siber: Analisis Yuridis terhadap Perlindungan Subjek Data Pribadi (Studi Kasus Putusan Pengadilan Negeri Pangkalpinang Nomor Putusan Nomor 142/Pid.Sus/2024/Pn Pgp Dada, Syafrudin Eko Haryanto Kembang; Heliany, Ina
FOCUS Vol 7 No 1 (2026): FOCUS: Jurnal Kajian Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i1.2165

Abstract

The development of information technology offers significant benefits but also creates serious risks, particularly concerning security and personal data protection. Cybercrime has therefore become a crucial legal issue, as it may involve not only individuals but also corporations as subjects of criminal law. This study examines: (1) the application of corporate criminal liability in cybercrime under positive law, and (2) whether judicial considerations in Decision Number 142/Pid.Sus/2024/PN Pgp reflect justice and legal protection for personal data subjects. This research employs a normative legal method using statutory and case approaches. The findings show that corporations are recognized as criminal law subjects that can be held liable for cybercrimes, including personal data misuse, through sanctions such as fines and other punitive measures. Criminal liability may be imposed based on direct liability, strict liability, or vicarious liability. In the examined case, the court applied the Personal Data Protection Law as lex specialis and imposed imprisonment and fines after considering aggravating and mitigating factors. This decision affirms that both individuals and corporations are subject to criminal liability and highlights the importance of law enforcement in protecting personal data and combating cybercrime.
Rekonstruksi Pengaturan Hak Advokat dalam Pendampingan Hukum Terhadap Klien pada Tahap Pemeriksaan di Kepolisian dalam Perspektif Negara Hukum dan Hak Asasi Manusia. Ba’arrffan, Saaqib Faiz; Heliany, Ina; Hasan, Bob
LITERATUS Vol 7 No 2 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i2.2216

Abstract

This journal critically examines the regulation of advocates' rights in legal assistance to suspects during the investigation stage by comparing the Old Criminal Procedure Code (Law No. 8 of 1981) and the Newest National Criminal Procedure Code. The main focus of the analysis is directed at the extent to which these normative changes are in line with the principles of the rule of law, the protection of human rights, and the principle of fair trial. The research method used is normative juridical with a statutory, conceptual, and comparative approach. The results of the study indicate that although the Newest National Criminal Procedure Code normatively expands the recognition of advocates' rights, it still leaves doctrinal problems in the form of normative ambiguity and proceduralist tendencies. Therefore, this Thesis Research offers a progressive reconstruction of the regulation of advocates' rights that positions advocates as guardians of the suspects' constitutional rights from the early stages of the criminal justice process.