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All Journal Jurnal Dinamika Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Akta DE LEGA LATA: Jurnal Ilmu Hukum Halu Oleo Law Review Journal Analytica Islamica Unes Law Review Jurnal Yuridis Journal of Education, Humaniora and Social Sciences (JEHSS) Kosmik Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Legalitas: Jurnal Hukum As-Syar'i : Jurnal Bimbingan & Konseling Keluarga JHR (Jurnal Hukum Replik) Randwick International of Social Science Journal International Journal Reglement & Society (IJRS) Iuris Studia: Jurnal Kajian Hukum NOMOI Law Review SOSEK: Jurnal Sosial dan Ekonomi Buletin Konstitusi Proceeding International Seminar of Islamic Studies Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Indonesian Journal Education ALWAQFU Jurnal Hukum Ekonomi dan Wakaf Kanun: Jurnal Ilmu Hukum INSPIRING LAW JOURNAL Melayunesia Law
Koto, Ismail
Universitas Muhammadiyah Sumatera Utara
Religion Arts Humanities Astronomy Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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The Criminal Law Policy on the General Election System in Indonesia Lubis, Mhd Teguh Syuhada; Saragih, Rayani; Hanifah, Ida; Koto, Ismail; Jacob, John Tumba
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3782

Abstract

General elections are a crucial pillar of democracy in Indonesia, allowing citizen participation in selecting leaders and shaping policies. Strong criminal law policies are necessary to preserve the integrity of elections, despite challenges in consistent law enforcement and clear definitions of election violations. The aim of this research is to assess the implementation and effectiveness of criminal law policies in preventing and addressing election violations in Indonesia and to identify their impact on the election process. The research findings indicate that the implementation of criminal law policies in preventing and addressing election violations is crucial. This is achieved through stringent election regulations, strict enforcement of criminal sanctions, careful monitoring and investigation, and swift handling of violations. The effectiveness of criminal law policies is also evident in deterring violations, ensuring transparency in funding, and active citizen participation in monitoring. Criminal law policies have a significant impact on the election process. Positive impacts include efforts to prevent election crimes, protect voting rights, and address election law violations through strict regulations. Prevention of election crimes such as spreading false information and the use of violence is tightly regulated to maintain election integrity. Protecting voters' rights is a focal point, with prohibitions against bribery and intimidation practices. However, the negative impact lies in the potential misuse of criminal law for political purposes, which can undermine the principles of presumption of innocence and human rights.
The Process of Applying for Protection of Victims' Rights through the Witness and Victim Protection Agency (LPSK) Aziz Hasibuan, Muhammad Anwar; Koto, Ismail
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1685

Abstract

The importance of legal protection for each community is one of the reasons for the issuance of Law Number 13/2006 on Witness and Victim Protection which was enacted on 11 August 2006. This research aims to find out, how the regulations related to victim protection in Indonesia. Then, how is the process of applying for protection of victims' rights through LPSK and finally, how is the influence of the protection provided by LPSK on victims for law enforcement. This research uses a normative method. The procedure for providing protection to witnesses and victims as regulated in Article 28 to Article 32 of Law Number 13 Year 2006 is a process that includes various procedures and requirements that must be fulfilled by witnesses and victims to be able to get protection from LPSK which is sometimes difficult for witnesses and victims. The influence of the Witness and Victim Protection Agency (LPSK) in protecting witnesses and victims has not been maximised, due to the lack of socialisation in the community, especially in the regions, about the existence of the Witness and Victim Protection Agency as an institution tasked with protecting witnesses and victims.
Kebijakan Hukum terhadap Problematika Pemberian Pemenuhan Hak Restitusi Korban Tindak pidana yang diatur KUHAP dan diluar KUHAP Alyafedri, Youfan; Koto, Ismail
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2006

Abstract

Restitution is compensation given to the victim or their family by the perpetrator or a third party. Victims of criminal acts that can be given restitution are criminal acts of serious human rights violations, terrorism, human trafficking, racial and ethnic discrimination, criminal acts related to children, as well as other criminal acts determined by the LPSK Decree in accordance with the provisions of statutory regulations. . Of course, fulfilling the right to restitution for victims of criminal acts has several problems which are sometimes very detrimental to victims of criminal acts. Providing restitution still has not received attention from the government. It is still not balanced when compared with attention to perpetrators of criminal acts. The aim of this research is 1) to find out arrangements for providing restitution for victims of criminal acts. 2) to find out the implementation of providing restitution as a fulfillment of the rights of victims of criminal acts according to the KUHAP and outside the KUHAP, and 3) to find out the problems of giving the right to restitution to victims of criminal acts regulated by the KUHAP and outside the KUHAP. The method used is normative juridical research. The results of the research show that 1) Arrangements for providing restitution for victims of criminal acts have of course been regulated in the Criminal Procedure Code, namely in article 98, while outside the Criminal Procedure Code, regulations relating to restitution are regulated, one of which is stipulated in Supreme Court Regulation Number 1 of 2022. 2) Implementation of providing restitution in fulfillment of The rights of victims of criminal acts can be exercised in 2 ways, namely before the decision has permanent legal force and after the decision has permanent legal force. 3) The problem of granting restitution rights to victims of criminal acts is of course 3 factors, namely legal factors, law enforcement factors and community factors.
Restorative Justice for Victims of Cyber Sexual Harassment: Realizing Justice for Victims Koto, Zulkarnein; Sutrisno, Sutrisno; Mayastinasari, Vita; Koto, Ismail
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.3091

Abstract

Sexual violence on social media is one of the negative impacts of technological developments. Sexual violence on social media can have both physical and psychological impacts on victims. This study focuses on an analysis of the urgency and orientation of implementing restorative justice in cyber sexual harassment crimes. This research is a normative legal research with a conceptual and statutory approach. The results of the study confirm that the urgency of RJ's approach in cyber sexual harassment crimes is because the characteristics of cyber sexual harassment crimes are the existence of victims' losses both physically and psychologically so that RJ-based law enforcement efforts are needed which emphasize victim recovery as well as perpetrator awareness. The orientation of realizing justice for victims through RJ has actually been facilitated in the TPKS Law. This emphasized that victims have the right to medical, social and mental rehabilitation, social empowerment, compensation, and social reintegration. The guarantee for the fulfillment of victims' rights further emphasizes that the main orientation of the TPKS Law is efforts to recover victims. In addition, the TPKS Law has also formulated an RJ orientation for perpetrators that prioritizes social and medical rehabilitation for perpetrators.
The Role of Criminal Law in Combating Business Crimes in the Agrarian Sector: A Case Study of Unlawful Transfer of Land Rights Sahari, Alpi; Koto, Ismail
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6082

Abstract

The enforcement of criminal law in tackling business crimes related to the illegal transfer of land rights must be carried out comprehensively through regulatory strengthening, capacity building of law enforcement officers, digitalization of land administration, and community empowerment in monitoring and reporting to ensure legal certainty and prevent land mafia practices that harm public interests. The purpose of this study is to analyze the role of criminal law in addressing business crimes in the agrarian sector, particularly in cases of unlawful transfer of land rights, and to identify efforts to optimize the enforcement of criminal law to enhance the effectiveness of eradicating such crimes. This study employs a normative legal research method with a statutory, conceptual, and case approach to analyze regulations and the application of criminal law in combating business crimes in the agrarian sector, particularly the unlawful transfer of land rights, through literature review and descriptive-analytical qualitative analysis. The research findings indicate that criminal law plays a crucial role in addressing business crimes in the agrarian sector, especially the unlawful transfer of land rights, by imposing strict sanctions on perpetrators and implementing preventive measures such as strengthening digital-based land administration systems and increasing transparency in land certificate issuance. These crimes often involve document forgery, land grabbing, and abuse of authority by officials, making regulations such as the Basic Agrarian Law (UUPA), Articles 263 and 266 of the Criminal Code (KUHP), and the Law on the Eradication of Corruption Crimes essential instruments for legal action. Optimizing criminal law enforcement must be carried out comprehensively through regulatory revisions, capacity building for law enforcement officers, and community empowerment in preventing and reporting agrarian crimes. The government must also strengthen the Land Mafia Task Force and promote the digitalization of land administration to reduce opportunities for document forgery and manipulation. With this strategy, the legal system is expected to be more effective in tackling agrarian business crimes and ensuring legal certainty and justice in land management in Indonesia
The Optimization of Legal Protection of Costums Intellectual Property Traditional Cultural Expressions of Malay Customs Nadirah, Ida; Medaline, Onny; Sahari, Alpi; Koto, Ismail
JURNAL AKTA Vol 10, No 4 (2023): December 2023
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.v10i4.33435

Abstract

This research aims to discuss Costums Intellectual Property in the field of Traditional Cultural Expression of Malay Customs which has promising economic potential in the field of tourism, both domestic tourism and foreign tourism potential. But until now it has not been protected optimally. This can be seen every year when the Malaysian Visit year will be displayed in many brochures promoting their tourist visits, traditional cultural expressions belonging to the indigenous Malay Peoples of Indonesia The purpose of this study is to analyze how many inventories and registrations of Costums Intellectual Property of Traditional Cultural Expressions of Malay Customs have been protected in the Regional Office of North Sumatra. The approach used in this study is a normative and empirical approach, namely through the review of laws and regulations related to the Protection of Costums Intellectual Property (KIK), especially related to Traditional Cultural Expressions of the Malay Indigenous Peoples of North Sumatra and conducting direct interviews with the head of the Intellectual Property Registration division of the North Sumatra KUMHAM Regional Office. The results showed that the level of awareness of indigenous peoples and local governments to protect their Costums Intellectual Property specifically in the field of traditional Malay Customary Cultural Expressions was very low, as seen from the data of the last three years, the inventory and registration of traditional Cultural Expressions of Malay indigenous peoples only amounted to twelve types of traditional culture.
Implementation of Criminal Sanctions in Falsification of Tax Returns that Harm the State Mutiara Fadia Silalahi; Ismail Koto
Melayunesia Law Vol. 8 No. 1 (2024)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/123f4e90

Abstract

Crime can occur in various aspects including tax administration which leads to tax crimes. The application of criminal sanctions against falsification of tax notification letters that harm the state must be optimised. This research raises issues related to how the application of criminal law arrangements regarding falsification of tax notification letters that harm the state? how the application of criminal law sanctions against falsification of tax notification letters that harm the state? how criminal law efforts in applying sanctions against falsification of tax notification letters that harm the state? The purpose of this research is to answer the problems that are the issue of this research discussion. The importance of this topic of discussion is to provide education to the public regarding the legal consequences of the crime of forgery of letters that harm the state. This research uses a normative juridical method that priority the study of laws and regulations (library research). This research has findings, namely this research recommends strengthening the legal substance sector through the issuance of tax counterfeiting laws with heavier sanctions accompanied by restitution to the state.
Co-Authors Abd. Rasyid Syamsuri Alyafedri, Youfan Asliani Harahap Aziz Hasibuan, Muhammad Anwar Benito Asdhie Kodiyat, M.S Bunyamin Chansrakaeo, Ruetaitip Duma Indah Sari Lubis Erni Elvisyahri Erwin Asmadi Faisal Faisal Fathin, Fathiyyah Jamil Fauzi, Ahmad Hanifah, Ida Heni Pujiastuti HERI APRIANDA FAISAL Ibrahim Nainggolan Ida Hanifah Ida Hanifah Ida Nadirah Ilham Syahputra Angkat Jacob, John Tumba Jaholden, Jaholden Koto, Zulkarnain Koto, Zulkarnein Lidia Salma Sagala Lubis, Ikhsan Mhd Teguh Syuhada Lubis Mutiara Fadia Silalahi Nadirah, Ida Nainggolan, Ibrahim Onny Medaline Perdana, Surya Rachmad Abduh Rahimah Rahimah Rahimah Rahmat Ramadhani, Rahmat Rajarif Syah Akbar Simatupang Ramlan Ramlan Ruetaitip Chansrakaeo Sahari, Alpi Salamat Siregar, Padian Adi Saragih, Rayani Sari Lubis, Duma Indah SATIYA CITRA DEWI Siregar, Salman Siregar, Taufik Soraya Sakinah Surya Perdana Sutrisno Sutrisno Sutrisno, Sutrisno Tarigan, Romy Affandi Tarmizi Taufik Hidayat Lubis Taufik Siregar Tengku Erwin Syahbana Triono Eddy Ummi Salamah Lubis Vita Mayastinasari Zainuddin Zainuddin, Zainuddin Zulkarnein Koto