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Journal : Law Development Journal

The Criminal Acts of Perpetrators for Threats on the Social Media Perwitasari, Dinda Tri Novia; Hapsari, Ifahda Pratama
Law Development Journal Vol 6, No 4 (2024): December 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.4.419-433

Abstract

This study aims to learn more about the criminal provisions applied and identify the nature of the criminal consequences for perpetrators of threats in Indonesia, especially on social media by considering the elements of criminal acts and legal subjects. The writing method uses normative legal techniques. To resolve legal disputes, conceptual and legislative frameworks are used. The novelty of this research lies in the discussion of a broader scope, namely regarding the basis for criminal responsibility of perpetrators of threats and elements of criminal acts for perpetrators of threats in Indonesia. Based on the research concluded It is proven from the results that an act of threat and insult on social media can be subject to the articles regulated by Law No. 19 of 2016 (Articles 29 and 45B) concerning ITE has provided sanctions in accordance with a criminal penalty of no more than four (4) years in prison or a fine of 7,500,000 rupiah (Rp). On the other hand, when it comes to finding out how those who insult or threaten others in Indonesia may face criminal charges, it is not only seen from the elements but it is important to see it from the perspective of the legal subject. So that perpetrators who meet the requirements for criminal responsibility for threats on social media are required to be responsible for their actions before the law.
Increasing Criminal Threats for Illegal Pharmaceutical Trade: A Critical Review of Health Law Reform in Indonesia Sudibyo, Ibnu; Hapsari, Ifahda Pratama
Law Development Journal Vol 7, No 4 (2025): December 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.4.637-649

Abstract

The illegal trade in pharmaceutical preparations poses a public health risk and challenges the effectiveness of the criminal justice system. Reforms through Law No. 17 of 2023 concerning Health increase the criminal penalty for violating quality standards to 12 years in prison and a fine of 5 billion rupiah, but simultaneously remove the explicit provisions regarding criminal penalties for distribution without a distribution permit, as previously stipulated in Article 197 of Law No. 36 of 2009. This article normatively and critically analyzes the implications of these reforms for legal certainty and deterrent effects, by linking empirical findings from several regional studies (Tarakan, Gorontalo, and North Bolaang Mongondow) and enforcement practices in the e- commerce realm. The results of the study indicate a strengthening of quality sanctions, but also a potential gap in norms for distribution without a permit, which encourages the dominance of administrative sanctions (takedown) over criminal penalties. Implementation obstacles also stem from inter-institutional coordination, limited infrastructure, and low public participation. Recommendations are directed at harmonizing derivative regulations, strengthening coordination between BPOM, the Police, the Prosecutor's Office, and the Courts, as well as arranging proportional and consistent administrative-criminal sanction schemes.