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All Journal Al-Mizan (e-Journal) Journal of Development Research
Karim, M. Said
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Religion Humanities Civil Engineering, Building, Construction & Architecture Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Reviewing Criminal Law on Illegal Broadcasting of Paid Football Shows: Mola TV Case Study Kasim, Muhammad Rinaldy; Karim, M. Said; Judhariksawan, Judhariksawan
Journal of Development Research Vol. 8 No. 2 (2024): Volume 8, Number 2, November 2024
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v8i2.378

Abstract

This study aims to analyse the criminal law regulations regarding the handling of illegal broadcasting actions in paid football shows and to assess the legal status of providers of illegal broadcasting services based on criminal law provisions. The research employs a normative legal method by examining the application of positive legal norms. It consists of normative legal research that utilizes secondary data collection and analysis, as well as empirical legal research that involves obtaining and analysing primary data through interviews with relevant sources. The findings are then analysed qualitatively and systematically organized. The results of the study indicate that (1) the criminal law regulations for addressing illegal broadcasting actions in paid football shows are established in various legislative provisions, including Law No. 28 of 2014 on Copyright, Law No. 19 of 2016 on Amendments to Law No. 11 of 2008 on Information and Electronic Transactions, and the principles found in Law No. 32 of 2002 on Broadcasting. Despite these regulations, numerous violations still occur. (2) The legal status of organizers of illegal broadcasts who engage in watching/providing/distributing illegal broadcasts violates the applicable regulations. This situation arises because subscription fees charged by Mola TV, the license holder, are still considered expensive, even though the public is generally aware of the relevant legal provisions concerning activities related to watching/providing/distributing illegal broadcasts.
Disparitas Pemidanaan dalam Tindak Pidana Korupsi yang Mengakibatkan Kerugian Keuangan Negara Jaya, Muhammad Indra; Karim, M. Said; Muchtar, Syamsuddin
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i1.3943

Abstract

This study aims to analyze legal factors and factors of law enforcement officials that influence the disparity in sentencing for corruption which results in state losses. The type of research used is empirical normative legal research. The results of the study show that (1) the legal factor in the presence of disparity decisions regarding corruption crimes has not been optimal because the minimum criminal sanctions in the corruption law cause disparity in sentencing which is quite disturbing due to the non-uniformity in the provision of minimum sentences for similar offenses. (2) the factor of law enforcement officials as the cause of the disparity in sentencing of corruption case decisions is very clearly seen and felt to be very unfair to each other, there is no clear guideline regarding the prevention of disparity in corruption criminal rulings so law enforcement officers exercise their power to decide similar offenses the pretext of the judicial power law.
Co-Authors Jaya, Muhammad Indra Judhariksawan, Judhariksawan Kasim, Muhammad Rinaldy Syamsuddin Muchtar