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All Journal JURNAL MAHKAMAH Jurnal Akta JUSTITIA JURNAL HUKUM Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Unes Law Review Gorontalo Law Review JUSTISI Kontribusia : Research Dissemination for Community Development Jurnal Justiciabelen Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences LEGAL BRIEF Community Empowerment DedikasiMU: Journal of Community Service Law Development Journal Borobudur Law and Society Journal Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Fundamentum: Jurnal Pengabdian Multidisiplin Pemuliaan Keadilan
Ifahda Pratama Hapsari
Universitas Muhammadiyah Gresik
Religion Arts Humanities Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Physics Public Health Social Sciences

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Sanksi Pemidanaan Terhadap Pelaku Eksploitasi Seksual Anak Dibawah Umur Menurut UU TPKS Dan UUPA Dalam Kacamata Hukum Pidana Di Indonesia Sinta Wahyu Kartika; Ifahda Pratama Hapsari
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1061

Abstract

Eksploitasi seksual terhadap anak di Indonesia mendapatkan perhatian khusus. Para pelaku kejahatan ini harus diberikan sanksi agar mendaapkan efek jera karena tindakan ekploitasi seksual terhadap anak memberikan dampak buruk terhadap para korbannya. Artikel ini bertujuan untuk menjelaskan bagaimana sanksi pemidanaan yang diatur dalam UU TPKS dan UUPA untuk pelaku eksploitasi seks anak di bawah umur dan perlindungan hukum bagi korban pada UU TPKS dan UUPA. Metode penelitian yang penulis gunakan adalah penelitian yuridis normative. Dan kesimpulan dari penulisan artikel ini bahwa pelaku ekploitasi seksual terhadap anak sangat mengkhawatirkan untuk perkembangan masa depan anak sehingga dapat dikenakan sanksi pidana.
Criminal Responsibility Of Suspects And Victims Of Corruption In The Private Bribery Sector In Indonesia Ifahda Pratama Hapsari
Jurnal Justiciabelen Vol 6 No 2 (2023): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v6i2.6993

Abstract

Suspects and Victims of the Arbitrariness of Authorities in the Criminal Justice System Examining whether the Criminal Enforcement Process in the case of Corruption Crimes has been carried out correctly both in the order of Making Legal Norms and in terms of Law Enforcement. Correct and fair resolution of criminal cases is not only seen from the results of the verdict handed down by the judge. Rather, it is seen from the victim who is asked to be held accountable based on the principle of business judgments and is made a suspect for the business decisions he takes in the criminal justice system.. To realize the objectives of criminal justice within the framework of the criminal justice system, the criminal justice model that is guided is actually based on the due process of law. Whether the criminal justice is enforced from the start in accordance with the provisions of procedural law (due process of law) or not (undue process), if it has been implemented in accordance with the provisions of procedural law then the justice has implemented and upheld the ideology envisioned by the rule of law (Rechtstaat). and a democratic society. In order to uphold an honest criminal justice system from start to finish as a form of ideological commitment and justice for people who are dealing with criminal trials, whether suspects, witnesses or victims, this is the main or absolute goal. The aim of this research is to determine the responsibility of a suspect and victim as a manifestation of law enforcement ideology. The method used in writing this research is normative juridical using statutory and conceptual approaches.
Pertanggung Jawaban Pidana Terhadap Pemerkosa Anak Kandung Ridwan, Muhammad Basitur; Hapsari, Ifahda Pratama
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2436

Abstract

The kid is a gift of God Almighty, we must safeguard and care for him since every child has the right to survive. The rising number of occurrences of adult sexual abuse of kids both at school and in public settings implies a lack of child protection, as well as having a directly recognized physical and psychological effect by children as victims of sexual abuse. Sexual abuse of kids must be resisted with solid action and halted as soon as feasible. Prevention may be done via sex education, not just by parents but also by other parties, including schools. Child protection measures must begin as early as possible, so that children may engage ideally in the growth of the country and state, since everyone who performs their acts must be accountable and punished according to their actions.
Aspek Hukum Tata Negara Terhadap Pengangkatan dan Pemberhentian Hakim Mahkamah Konstitusi Muhammad Azkannasabi; Dodi Jaya Wardana; Ifahda Pratama Hapsari
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1420

Abstract

This research was motivated by the dismissal of Aswanto as a constitutional judge by the DPR, who legally and constitutionally still served as a constitutional judge. This research aims to find out aspects of constitutional law related to the appointment and dismissal of constitutional judges and to find out the implications of Constitutional Court Decision Number 96/PPU-XVIII/2020and the implications of Aswanto's dismissal as a constitutional judge. This research uses normative legal research. With a statutory approach, conceptual approach and case approach. The results of this research are that constitutional judges are proposed by the President, the House of Representatives and the Supreme Court with a mechanism regulated separately by the institution that nominates constitutional judges while not violating the provisions of the Law and in its implementation it must be open with the principles of transparency, participatory, objective and accountable. The implications of the Constitutional Court Decision Number 96/PPU-XVIII/2020 provide legal certainty regarding the tenure of incumbent constitutional judges and maintain the independence and impartiality of constitutional judges. The DPR's action to dismiss Aswanto constitutes a legal vacuum (rechstvacuum) because there are no regulations governing the DPR's authority to dismiss constitutional judges. The legal implications that occurred in the dismissal of Judge Aswanto by the DPR included legal uncertainty, inconsistency between the DPR and the President in implementing statutory regulations, problems with the independence of constitutional judges, and leading to the invalidity of the Presidential Decree.
Pertanggung Jawaban Pelaku Tindak Pidana Perjudian Online di Indonesia Rodhiyah, Isyatur; Hapsari, Ifahda Pratama; Iskandar, Hardian Iskandar
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1986

Abstract

The criminal act of gambling is a crime that is commonly committed by many people, because from gambling people can get multiple wealth from the results of gambling. In Indonesia, the practice of gambling has developed along with the development of technological advances, namely online gambling. This online gambling crime offers many advantages for owners and managers, because in practice the online gambling business scheme no longer requires complicated permits to establish a gambling business via the internet. Based on these conditions, this study wants to explain that Indonesia has legally regulated gambling in several laws and regulations, including those regulated in Article 303 and Article 303 bis of the Criminal Code. Then related to online gambling laws specifically regulated in Article 27 paragraph (2) of the Electronic Transaction Information Law and its amendments. The use of normative legal methods with a statutory approach (staapproach) is carried out carefully by examining and analyzing legal rules relating to the accountability of online gambling crimes in Indonesia. The responsibility of online gambling actors is proven by containing elements of a criminal act. The criminal responsibility of online gambling actors is not only borne by players, but also includes those who give someone the opportunity to play gambling, such as service providers and managers of online gambling platforms.
Administrative Criminal Reform in Providing Accountability for Skincare Actors Who Have Not Registered with BPOM Aulia Putri; Ifahda Pratama Hapsari
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3751

Abstract

The study aimed to analyze which problem from skincare products none approval from Indonesian Food and Drug Administration (BPOM) This is serious problem the affects public health and damages consumer trust. This study examines the legal issues and fraud risks for those running illegal skincare businesses. Based on Article 36 of the 2009 Health Law, namely Article 106 and Article 197, business owners who operate products without BPOM approval can face administrative for penal sanctions. According to the principle of strict liability, business owners must ensure the safety of their products from the beginning to the end of the production process. If consumers suffer losses as a result of undelivered products, manufacturers or distributors can be asked to provide compensation. In addition, this study highlights the role of BPOM in legal compliance and law enforcement, as well as the importance of public awareness to prevent discrimination. Methods used in this study isnormative legal research. The research aims to scientifically explain how two legal principles, strict liability and vicarious liability, are applied in the legal context involving the sale of illegal cosmetic products. Describe the difference between strict liability, which does not require proof of malicious intent, and vicarious liability, which involves the responsibility of another party through a legal relationship. Highlight how the law in Indonesia, especially in health laws and BPOM regulations, enforces legal responsibility against business actors who sell illegal cosmetics. Emphasize the importance consumer protection and liability of producers and distributors for their products sell, both through criminal and administrative channels.
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.
Pertanggungjawaban Pidana Bagi Pelaku Penyelundupan Satwa Liar Yang Dilindungi Ridho Afrizal Abd Rohim; Ifahda Pratama Hapsari; Dodi Jaya Wardana
Pemuliaan Keadilan Vol. 2 No. 1 (2025): January : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i1.466

Abstract

The legal regulation of endangered animal smuggling in Indonesian positive law is legal protection which aims to prevent the threat of extinction and the development of endangered species whose existence is threatened due to conflict and illegal hunting. This research uses normative legal research methods with a statutory approach, conceptual approach and case approach. Animal smuggling is not mentioned explicitly in Law No. 5 of 1990 concerning Conservation of Natural Resources and Ecosystems. However, this law regulates the prohibition on catching, injuring, killing, keeping, possessing, caring for, transporting and trading protected animals alive, or removing protected animals from one place in Indonesia to another place inside or outside Indonesia. This is stated in Article 21 paragraph (2) of Law No. 5 of 1990. Criminal sanctions for criminal acts of smuggling endangered species based on positive law in Indonesia are contained in Article 40 paragraphs (2) and (4) of Law Number 5 of 1990 Concerning Conservation of Living Natural Resources and their Ecosystems, in the form of imprisonment and fines, imprisonment and fines, plus confiscation of all objects obtained and all tools or objects used to commit criminal acts, with a statement that they are confiscated to the state.
Analisis Kriminalisasi Terhadap Santet Sebagai Tindak Pidana Lingga Adi Dharma; Ifahda Pratama Hapsari; Hardian Iskandar
Aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia Vol. 1 No. 3 (2024): Juli : Aktivisme : Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aktivisme.v1i3.349

Abstract

Santet is generally difficult to understand or understand its meaning, as a supernatural belief phenomenon involving the use of magic or black magic, has become part of local culture in Indonesia. Santet, from some opinions, can also cause someone to become a victim due to the misuse of witchcraft which is used as a medium to cause harm, illness, or even death, including criminal acts. This article focuses on an analysis of the criminalization of witchcraft as a criminal act. Through an exploration of the existing legal basis, this research seeks to provide a deeper understanding of how criminal law can be applied in order to suppress an act of witchcraft practice that harms the community. This research provides a clear picture of the role of criminal law in dealing with the phenomenon of witchcraft, although challenges related to belief, culture, and the unclear definition of the practice remain complex. Thus, this article is intended to provide a basis for further discussion regarding the criminal analysis of witchcraft as a criminal offense, with the aim of creating fair law enforcement and protecting the public from the negative impact of supernatural practices.
Two Systems, One Concept of Comparative Analysis of Dutch Noodwer and Indonesian Forced Defense Izzah Audina; Ifahda Pratama Hapsari
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.40735

Abstract

This study comparatively analyzes the concept of noodweer in Dutch criminal law and forced defense in the Indonesian Criminal Code. Using a qualitative analysis method with a normative and comparative juridical approach, this study examines the differences and similarities between the two concepts, as well as their implications in legal practice. The results show that there are significant differences in interpretation and application, although there are similarities in basic principles. The Netherlands tends to adopt a broader and more flexible interpretation of noodweer, reflecting its emphasis on individual rights. In contrast, Indonesia applies a stricter interpretation to forced defense, which can be understood as an attempt to strengthen the role of the state in conflict resolution. These differences are influenced by historical, socio-cultural factors and the development of each country's justice system. The implications are seen in law enforcement and the protection of individual rights. The Dutch approach offers greater flexibility in handling complex cases, while the Indonesian approach provides clearer guidance for law enforcement officials. The study also explores the challenges and prospects for harmonizing the concept of forced defence internationally, concluding that there are opportunities for partial convergence through the development of international minimum standards and increased knowledge exchange between countries.
Co-Authors Aulia Putri Beni Dwi Komara Chusnul Karimah Dodi Jaya Wardana Dwita Rahmawati Fajar Yaskur Hadi Ismanto Hammi Farid Hardian Iskandar Iskandar, Hardian Iskandar Isnaeni Abdillah Liat Mauli Iwan Sandi Pangarso Izzah Audina Kiki Andrian Lingga Adi Dharma Mohammad Furqoon Senoaji Muhammad Azkannasabi Nabilah Seviana Citra Nadia Prawira Supriadi Nor Eka Miftakhul Jannah Perwitasari, Dinda Tri Novia Putra, Muhammad Ardiansyah Satria Dwi Putri Rohmatul Hidayah Rahmi, Vembri Aulia Ridho Afrizal Abd Rohim Ridwan, Muhammad Basitur Rizkyfia Desya Anindyta Rodhiyah, Isyatur Sinta Wahyu Kartika Suri Oktavian Vembri Aulia Rahmi Vembri Aulia Rahmi Zen Maulana Akbar