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Criminological Review of the Phenomenon of Cyberbullying Asrum, Muhammad Ibnul; Thalib, Hambali; Jannah, Miftahul
HORIZON PUBLIC LEGAL STUDIES Vol. 1 No. 1 (2024): Vol 1 No 1 (2024): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/hegels.v1i1.490

This study aims to determine the factors causing the occurrence of Cyberbullying crime in Makassar City and the efforts of law enforcement officers in tackling Cyber Crime in Makassar City. This study uses empirical methods. The location of the study was carried out in Polda South Sulawesi. The types and sources of data used are primary data and secondary data with data collection techniques, namely field research and literature research. The data obtained will be analyzed to produce conclusions and proposed descriptively qualitative and present clear data from the results of research conducted by the author. The results of this study indicate that the factors that influence cyberbullying in Makassar Information and communication technology such as mobile phones, video cameras, e-mail, and the web that can post or send disturbing, threatening, and humiliating messages that are intended to hurt others.so that anticipatory efforts are needed against cyberbullying, especially in the city of Makassar, therefore, comprehensive measures are needed to stem the level of cyberbullying cases in Makassar City through coordination of law enforcement authorities and community synergy. The author also includes suggestions as follows the establishment of the Criminal Code Bill is expected to formulate explicitly about the existence of bullying in cyberspace by including elements of repetitive or continuous behavior, attack and imbalance of power in the formulation of criminal acts, because the act of bullying in cyberspace is an act that can not be underestimated given the increasing dependence of society on online communication media. It is necessary to socialize to the general public about the dangers and consequences of cyberbullying and how to anticipate the influence of cyberbullying in using social media wisely and responsibly. Abstrak Penelitian ini bertujuan untuk mengetahui faktor-faktor penyebab terjadinya kejahatan Cyberbullying di Kota Makassar dan upaya aparat penegak hukum dalam menanggulangi kejahatan Cyber di Kota Makassar. Penelitian ini menggunakan metode empiris. Lokasi penelitian dilakukan di Polda Sulawesi Selatan. Hasil penelitian ini menunjukkan bahwa faktor-faktor yang mempengaruhi cyberbullying dalam Teknologi Informasi dan komunikasi Kota Makassar seperti ponsel, kamera video, e-mail dan web yang dapat memposting atau mengirim pesan yang mengganggu, mengancam dan memalukan yang dimaksudkan untuk menyakiti untuk itu diperlukan upaya antisipatif terhadap cyberbullying khususnya di Kota Makassar. Oleh karena itu diperlukan langkah-langkah komprehensif untuk membendung tingkat kasus cyberbullying di Kota Makassar melalui koordinasi aparat penegak hukum dan sinergi masyarakat. Pembentukan RUU KUHP diharapkan merumuskan secara tegas mengenai adanya intimidasi di dunia maya dengan mencakup unsur-unsur adanya perilaku berulang atau terus menerus, menyerang dan ketidakseimbangan kekuasaan dalam perumusan tindak pidananya, karena perbuatan intimidasi di dunia maya merupakan perbuatan yang tidak dapat dianggap remeh mengingat semakin bergantungnya masyarakat akan media komunikasi online. Sehingga, diperlukan sosialisasi terhadap masyarakat awam tentang bahaya dan akibat dari cyberbullying dan cara mengantisipasi pengaruh cyberbullying dalam menggunakan media sosial secara bijak dan bertanggung jawab.

Comparative Legal Analysis of the Death Penalty Law Alfia Hani, Zarda; Thalib, Hambali; Sutiawati, Sutiawati
HORIZON PUBLIC LEGAL STUDIES Vol. 1 No. 2 (2025): Vol 1 No 2 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/hegels.v1i2.946

This research aims to analyze the regulation of criminal offenses punishable by the death penalty and compare the formulation of the death penalty between the Penal Code under Law Number 1 of 1946 (Dutch Colonial Penal Code) and Law Number 1 of 2023 concerning the Penal Code (National Penal Code). This study employs a normative legal research method with a statutory approach and a case approach. Legal data were collected through literature studies and analyzed qualitatively. The findings of this research indicate that the regulation of criminal offenses punishable by the death penalty in Indonesia is found in the Penal Code, the Narcotics Law, the Human Rights Law, the Corruption Crime Law, the Human Rights Court Law, and the Law on the Misuse of Firearms and Explosives. Furthermore, a comparison of the death penalty between the Dutch Colonial Penal Code and the National Penal Code of 2023 reveals a shift from the death penalty as a principal punishment to a death sentence with a probationary period and an alternative life imprisonment sentence. The comparison also includes differences in the legal basis, the formulation of the death penalty, the criteria for its application, and the procedures for its execution. This research recommends further studies on severe crimes that have not been explicitly regulated for the application of the death penalty.

Legal Analysis Of Criminal Liability For Identity Falsement By A Fiduciary Agent Ramadani, Irma; Thalib, Hambali; Azis, Dian Eka Pusvitas
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/hegels.v2i1.997

This research aims to determine and analyze the qualifications of the criminal act of identity forgery in a fiduciary agreement and to determine the legal considerations of the judge in making a decision in the case of Decision No. 1097 / Pid.sus / 2019 / PN. Mks. This research was conducted with a normative legal research type that uses secondary legal materials or is a study by taking several books, journals or references related to the research. The results of this study indicate that (1) The qualifications of the criminal act of identity forgery in a fiduciary guarantee agreement are the requirements that must be met in order to be categorized as a crime. Forgery is the act of replacing a letter or document carried out by an individual or group of individuals. The act of forgery is a crime characterized by a framework of falsehood or fraud against an object. Fraud is an act carried out intentionally to deceive or manipulate others for personal or group interests. Thus in this case or case No. 1097 / Pid.Sus / 2019 / PN. Mks certainly meets the requirements as a criminal act. (2) Legal analysis of the judge's decision in case No. 1097/Pid.Sus/2019/PN. Mks Regarding Identity Forgery in Fiduciary Guarantees is that the defendant has fulfilled the elements of Article 263 paragraph (1) of the Criminal Code and the elements of Article 36 of Law No. 42 of 1999 Concerning Fiduciary Guarantees. The recommendation of this study is that as law enforcement officers in determining the qualifications of criminal acts, they must be more careful in finding the elements of their actions, whether the action is a criminal act (criminal law) or a civil act (civil law) so as not to make a mistake in prosecution, and as the owner of the fiduciary object guarantee or in this case companies engaged in the fiduciary sector to be more detailed and careful when agreeing to provide fiduciary objects so that it does not happen again as in the case explained above.

Desertion in Time of Peace Against Soldier Indonesian National Army Ash Shiddik Azhari, Muhammad; Thalib, Hambali; Rustan, Muhammad
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/cojml.v1i1.956

This writing aims to: (1) To find out and analyze the qualifications of the crime of desertion in military criminal law. (2) To find out and analyze the judge's considerations in Decision No: 135-K / PM.III-16 / AD / X / 2022. The type of research used is normative legal research, a process to find a rule, legal principles, or legal doctrines. The results of the writing show that the Qualification of the Crime of Desertion in the Criminal Code is Article 87 paragraph (1) 2 of the Criminal Code, where the qualifications are First, Military; Second, Intentionally; Third, Carrying out absence without permission; fourth, In times of peace; and Fifth, Longer than thirty days. The judge's considerations in imposing a criminal sentence on the defendant include mitigating and aggravating considerations. There are three mitigating considerations from the judge: The defendant is frank and admits his mistakes. This is based on the judge's considerations which are of a legal nature, namely the defendant's statement. The defendant is still young and has never been convicted. This is based on the judge's considerations which are non-juridical, namely the Defendant's condition. The Defendant returned to the Unit by surrendering himself to Denpom Parepare. The Defendant's actions can affect the disciplinary development of other soldiers in the unit. Based on the judge's considerations which are juridical, namely witness statements. Writing recommendations: (1) For members of the Military to increase awareness and understanding of the importance of military discipline and responsibility and improve communication between superiors and subordinates. (2) For policy makers and decision makers to hold education and training programs to provide awareness and responsibility to members of the Military and to conduct periodic evaluations and monitoring of members of the Military.

Detention of Children by Public Prosecutors in General Criminal Cases: A Case Study of the Buton District Prosecutor’s Office Hermansyah, Budi; Thalib, Hambali; Qahar, Abdul
Al-Ishlah: Jurnal Ilmiah Hukum Vol 28 No 2: Juni - November 2025
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/w277yv05

This study examines the practice of child detention by the Public Prosecutor in general criminal cases at the Buton District Prosecutor’s Office, focusing on its conformity with the principles of ultimum remedium and the best interests of the child as mandated by the Juvenile Criminal Justice System Law (UU SPPA). Although the legal framework emphasizes that detention should only be applied as a last resort, empirical findings indicate a tendency toward overuse: from 47 child cases handled between 2020 and 2025, 41 children were detained while only 6 were not. The majority of cases involved theft, violence, narcotics offences, and sexual crimes. Survey data show that 90% of respondents perceived detention as “effective,” reflecting a preference for legal certainty and public order rather than rehabilitation and restorative justice. The study identifies three key factors contributing to this pattern: limited understanding of restorative justice principles, structural constraints such as inadequate child-specific detention facilities and inconsistent inter-agency coordination, and cultural pressures from society and the media that encourage punitive approaches. The findings highlight a significant disparity between normative child protection standards and prosecutorial practices. Strengthening restorative justice, expanding non-custodial measures, improving infrastructure, and enhancing institutional coordination are crucial for aligning detention practices with child protection principles

Strategies to Prevent and Reform Violence by Police Officers through a Criminological Approach in the South Sulawesi Regional Police Marikar, Marikar; Thalib, Hambali; Rahman, Abd; Abbas, Ilham
Al-Ishlah: Jurnal Ilmiah Hukum Vol 28 No 2: Juni - November 2025
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/60atqd35

This study examines criminological strategies to prevent and reform police violence within the South Sulawesi Regional Police. Using qualitative empirical data from interviews and official records, the study finds that police violence occurs in physical, armed, and verbal forms, driven by individual stress, situational pressures, organizational culture, and weak institutional control. The findings demonstrate that disciplinary or repressive measures alone are insufficient to ensure lasting behavioral change. Effective prevention and reform require an integrated, layered approach combining primary prevention (ethical and human rights training, selective recruitment), secondary prevention (early detection, psychological assessment, mentoring, and supervision), and tertiary prevention (rehabilitation and behavioral reorientation), reinforced by accountable legal mechanisms, community participation, and psychological interventions. Integrating penal and non-penal approaches within a criminological framework provides a more sustainable model for fostering professional, humanistic policing and restoring public trust in a democratic rule-of-law state

Criminal Law Enforcement in the Suppression of the Crime of Human Trafficking Muhammad, Mar’ie; Thalib, Hambali; Salle, Salle
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/9emjtk70

This study aims to analyze the regulation and enforcement of criminal law in combating the crime of human trafficking in Indonesia from a normative legal perspective. The research method employed is normative legal research using statutory and conceptual approaches through an examination of the 1945 Constitution of the Republic of Indonesia, Law Number 21 of 2007 on the Eradication of the Crime of Human Trafficking, the Criminal Code (KUHP), and the Criminal Procedure Code (KUHAP). The findings indicate that, normatively, Indonesia has established a relatively comprehensive legal framework through the Anti-Trafficking Law (UU PTPPO) as a lex specialis emphasizing both the punishment of perpetrators and the protection of victims. However, the effectiveness of law enforcement still faces various challenges, including the complexity of proving chain crimes, limited investigative capacity—particularly regarding digital evidence—disharmony in the application of legal provisions, weak inter-agency coordination, and suboptimal victim recovery mechanisms that risk causing revictimization. Effective criminal law enforcement requires the integration of repressive and restorative approaches through the implementation of a victim-centered approach, strengthening witness and victim protection mechanisms, enhancing technology-based evidentiary capacity, and promoting cross-sectoral as well as international coordination. Therefore, criminal law enforcement against human trafficking must be directed not only toward legal certainty but also toward substantive justice and the restoration of victims’ dignity within a human rights–oriented rule of law framework

Legal Analysis of Criminal Liability for Identity Falsification by the Fiduciary Grantor H. Nuntung, Irma Ramadani; Thalib, Hambali; Pusvita Asiz, Dian Eka
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/cojml.v1i2.998

This research aims to determine and analyze the qualifications of the criminal act of identity forgery in a fiduciary agreement and to determine the legal considerations of the judge in making a decision in the case of Decision No. 1097 / Pid.sus / 2019 / PN. Mks. This research was conducted with a normative legal research type that uses secondary legal materials or is a study by taking several books, journals or references related to the research. The results of this study indicate that (1) The qualifications of the criminal act of identity forgery in a fiduciary guarantee agreement are the requirements that must be met in order to be categorized as a crime. Forgery is the act of replacing a letter or document carried out by an individual or group of individuals. The act of forgery is a crime characterized by a framework of falsehood or fraud against an object. Fraud is an act carried out intentionally to deceive or manipulate others for personal or group interests. Thus in this case or case No. 1097 / Pid.Sus / 2019 / PN. Mks certainly meets the requirements as a criminal act. (2) Legal analysis of the judge's decision in case No. 1097/Pid.Sus/2019/PN. Mks Regarding Identity Forgery in Fiduciary Guarantees is that the defendant has fulfilled the elements of Article 263 paragraph (1) of the Criminal Code and the elements of Article 36 of Law No. 42 of 1999 Concerning Fiduciary Guarantees. The recommendation of this study is that as law enforcement officers in determining the qualifications of criminal acts, they must be more careful in finding the elements of their actions, whether the action is a criminal act (criminal law) or a civil act (civil law) so as not to make a mistake in prosecution, and as the owner of the fiduciary object guarantee or in this case companies engaged in the fiduciary sector to be more detailed and careful when agreeing to provide fiduciary objects so that it does not happen again as in the case explained above.

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