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All Journal AT-TURAS: Jurnal Studi Keislaman Dakwatuna: Jurnal Dakwah dan Komunikasi Islam Legal Protection for the Partnership Agreement Parties
Rohmy, Atikah Mardhiya
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Peranan Tentara Nasional Indonesia dalam Penindakan Terorisme Berbasis Agama Rohmy, Atikah Mardhiya; Suratman, Teguh; Nihayaty, Arini Indah
JURNAL AT-TURAS Vol 7, No 1 (2020): Sosiologi Agama dan Tafsir Keindonesiaan
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (285.753 KB) | DOI: 10.33650/at-turas.v7i1.1012

Abstract

The purpose of this research is to find out and to analyze problem and the role of the TNI Special Operations Command (Koopssus TNI), as well as obstacles faced by the TNI Special Operations Command in the prosecution of  terrorism in Indonesia. This research is discussed and motivated by the increasing complexity of terrorist acts which use the latest technology,  international networks and close links with other transnational crimes, as well as endangering national and international security. The research method is conducted using normative law, while the source of legal material used is through secondary legal material which is material obtained through library studies by examining various references relating to the object of this thesis study such as books, legislation, scientific journals, print and electronic media. The statutory regulations in this study are the Law of the Republic of Indonesia Number 5 of 2018 concerning Eradication of Terrorism Crimes, Law Number 34 of 2004 concerning the Indonesian National Army and Presidential Regulation Number 66 of 2019 concerning the Composition of the Organization of the Indonesian Armed Forces. Based on the results of this study it can be seen that terrorism is not only a criminal offense, but also is broader than that. Terrorism is anything that wants to change Ideology, including those based on religion. The Special Operations Command of the TNI handles Terrorism Crimes which is highly escalated and its deployment under direct order from the President. The TNI Special Operations Command is a new structure within the TNI, and addresses urgent issues. The role of the TNI Special Operations Command is not optimal because it is a relatively new organization. Its existence is as expected because it accommodates the interests of the TNI, related to being able to handle strategic matters at the national level so as to accelerate its deployment under direct command from the TNI Commander.Keywords:TNI Special Operations Command (Koopssus TNI), Role, Obstacles,    Terrorism
Corporate Criminal Sanction in Omnibus Law for Forest Destruction in Indonesia: Review of Law Number 11 of 2020 on Job Creation Rohmy, Atikah Mardhiya; Setiyono, H; Supriyadi, Supriyadi
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i1.789

Abstract

The Green Economy has turned into a growing trend in the fourth industrial revolution (industry 4.0), particularly after the Covid-19 pandemic hit the world. The efforts to increase the investment (investor domination) in Law Number 11 of 2020 on Job Creation are apparently not reinforced by other instruments and overlook the principle of sustainable development. This study aims to analyze the legislative policy regarding the criminal sanction of the corporation which commits criminal acts related to prevention and eradication of forest destruction after the enactment of Law No. 11 of 2020 on Job Creation. The main observed issue is in the incompatible formulation of administrative sanctions and criminal sanctions. Hence, to analyze such matters, this qualitative research employs a normative legal perspective. This study finds the incompatible formulation of 'Criminal Sanctions' on Corporations, as it is stated in Article 82 Paragraph (3), Article 84 Paragraph (3), Article 85 Paragraph (2), and Article 96 Paragraph (2). Moreover, there is also an unfitting interpretation of 'Administrative Sanctions' in the "forms of administra­tive fines".
UU ITE Dalam Perspektif Perkembangan Teknologi Informasi dan Komunikasi Rohmy, Atikah Mardhiya; Suratman, Teguh; Nihayaty, Arini Indah
Dakwah Vol 7 No 2 (2021): AGUSTUS
Publisher : Institut Agama Islam Syarifuddin Lumajang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54471/dakwatuna.v7i2.1202

Abstract

The industrial revolution 4.0 has an impact on the development of law, government, and social justice. The era of globalization 4.0 causes changes in almost all sectors of human life, especially the economic and technological sectors. The Information and Electronic Transaction Law, abbreviated as UU ITE, must be able to protect various legal interests to protect freedom of speech, express opinions orally and in writing. In addition, it is related to legal interests to protect the freedom of communication and obtain information as rights that are constitutional rights of citizens. The development of information and communication technology requires the government to make UU ITE. This article discusses the implementation of criminal law enforcement through UU ITE, which makes the digital world the target for applying these regulations. UU ITE must be able to bring enthusiasm to keep Indonesia's digital space clean, healthy, ethical and productive. In a criminal case with a restorative justice paradigm, the judge does not only decide based on the law alone, but also considers justice for all parties (victims, perpetrators of crimes, and the community). Court decisions should provide justice, benefit, and legal certainty, and contain philosophical, juridical and sociological foundations so that they are systematic and comprehensive. Keywords:Criminal Law, Information and Communication Technology, UU ITE
Co-Authors Nihayaty, Arini Indah Setiyono, H Supriyadi Supriyadi Suratman, Teguh