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Corporate Criminal Liability in Cases of Investment Fraud Offenses Nurmala, Leni Dwi; Ariyanti; Estella Fransisca Workala
Walisongo Law Review (Walrev) Vol. 7 No. 1 (2025)
Publisher : Universitas Islam Negeri Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/walrev.2025.7.1.25545

Abstract

Information technology and electronic technology are increasingly becoming integral to everyday life worldwide. The advancements in these technologies are transforming how we communicate, access information, and even establish businesses. However, this progress also brings negative consequences, such as a rise in online crimes. Criminals can easily exploit the internet for investment fraud, fake cooperatives, and various scams. For example, in 2022, a case in Bandung involved an individual named DS who perpetrated investment fraud through a robot trading application called Quotext. Both individuals and companies can fall victim to these fraudulent activities. This study employs a normative legal research method, examining various legal regulations, such as the Criminal Code and the Electronic Information and Transactions Law. The findings indicate that those who commit investment fraud can be held accountable either as individuals or as corporations. Corporate entities can face criminal responsibility in cases of investment fraud, as the fraudulent actions of their representatives may implicate the entire organization. Investment fraud is subject to criminal sanctions for fraud under the Criminal Code. However, if the fraud occurs online, the provisions concerning fraud or embezzlement outlined in the Electronic Information and Transactions Law will apply, further emphasizing the need for corporate accountability in the digital age. Teknologi informasi dan teknologi elektronik semakin menjadi bagian yang tak terpisahkan dari kehidupan sehari-hari di seluruh dunia. Kemajuan teknologi ini mengubah cara kita berkomunikasi, mengakses informasi, dan bahkan membangun bisnis. Namun, kemajuan ini juga membawa konsekuensi negatif, seperti meningkatnya kejahatan daring. Para pelaku kejahatan dapat dengan mudah memanfaatkan internet untuk penipuan investasi, koperasi palsu, dan berbagai penipuan lainnya. Misalnya, pada tahun 2022, sebuah kasus di Bandung melibatkan seorang individu bernama DS yang melakukan penipuan investasi melalui aplikasi perdagangan robot bernama Quotext. Baik individu maupun perusahaan dapat menjadi korban dari kegiatan penipuan ini. Penelitian ini menggunakan metode penelitian hukum normatif, dengan mengkaji berbagai peraturan perundang-undangan, seperti Kitab Undang-Undang Hukum Pidana dan Undang-Undang Informasi dan Transaksi Elektronik. Temuan penelitian menunjukkan bahwa mereka yang melakukan penipuan investasi dapat dimintai pertanggungjawaban baik sebagai individu maupun sebagai korporasi. Entitas korporasi dapat menghadapi tanggung jawab pidana dalam kasus penipuan investasi, karena tindakan penipuan yang dilakukan oleh perwakilan mereka dapat melibatkan seluruh organisasi. Penipuan investasi dikenakan sanksi pidana atas penipuan berdasarkan Kitab Undang-Undang Hukum Pidana. Namun, jika penipuan terjadi secara daring, ketentuan mengenai penipuan atau penggelapan sebagaimana diuraikan dalam Undang-Undang Informasi dan Transaksi Elektronik akan berlaku, yang semakin menegaskan perlunya akuntabilitas perusahaan di era digital. Keywords: Criminal Liability, Corporation, Investment Fraud, Online Crimes
Legal Liability Of Shipping Service Companies For Packaged Goods Owned By Consumers Hanapi, Yayan; Nurmala, Leni Dwi
JURNAL LEGALITAS Vol 15, No 2 (2022)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (371.083 KB) | DOI: 10.33756/jelta.v15i2.15923

Abstract

The development of the business world has progressed rapidly. This is seen in the use of delivery services. PT. The Nugraha Ekakurir (JNE) line is one of the services in the field of air traffic consignment services. The number of people sending goods from one place to another makes the role of this service very important. However, this is not accompanied by the provision of guarantees of legal protection by the perpetrators of entrusted services to their consumers. The implementation of JNE services needs to follow the agreement. So that it can cause harm to the consumers. The problem formulation is the legal protection for consumers and its resolution in case of negligence and delays in the delivery of goods. The method used is using normative legal research by conducting an assessment of the relevant legal rules. The results of the study showed that the services provided by the provider based on the agency cooperation agreement became the legal basis for the delivery of goods and still need to be improved and be more effective in providing guarantees for the rights of consumers. Quality service plays an essential role in creating satisfaction for consumers so that it can provide benefits for service providers.
ANALYSIS OF JUDGES' CONSIDERATIONS IN CRIMINAL DECISIONS ON RAPE OF MINORS Kodai, Dince Aisa; Nurmala, Leni Dwi
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 14 No. 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.26228

Abstract

Crime can happen to anyone and anywhere. One of the crimes that can cause victims experienced by adults and even children is a crime against sex. However, it is even more concerning when sexual crimes, for example rape, occur in minors. This can cause psychological and physical trauma for the future of the child. In Indonesia, children are vulnerable to becoming victims of sexual crimes. The method used is empirical legal research, namely research that examines law in reality or reality in society with a judicial case study approach, namely where there is a conflict in this approach, the court will intervene to provide assistance in the form of decisions related to problem solving. The legal case study approach is the analysis of the decision Number 58/Pid.Sus/2021/PN Gto. Based on the results of the discussion, the perpetrators of rape of minors can be charged using Article 81 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2014 concerning Child Protection.
The Relevance of Legal Protection to Human Rights Related to Euthanasia Law in Indonesia Kadir, Yusrianto; Nurmala, Leni Dwi; Ismail, Nurwita
Jambura Law Review VOLUME 3 NO. 2 jULY 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (330.754 KB) | DOI: 10.33756/jlr.v3i2.7111

Abstract

Every human being has rights that have been given since humans are in and the right to life is an absolute right that must be lived by every human being. Law Number 39 of 1999 concerning Human Rights does not provide space for euthanasia because euthanasia is contrary to the provisions of the Human Rights Law, especially the right to life of a person. The right to life in Law Number 39 of 1999 concerning Human Rights explains that every human being or every person without exception has the right to life, the right not to be tortured, the right to personal freedom thought and conscience, the right to religion, the right not to be enslaved, the right to recognized as a person and equality before the law, and the right not to study based on applicable law is a human right that cannot be reduced under any circumstances and by anyone.
DIFFERENCES AND SIMILARITIES IN THE DIVISION OF INHERITANCE LAW ACCORDING TO ISLAMIC LAW AND JAVANESE CUSTOMARY LAW IN INDONESIA IN A COMPARATIVE STUDY OF LAW, so that Nurmala, Leni; Koni, Yoslan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 2 No. 1 (2022): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v2i1.134

Abstract

The acquisition of property through inheritance is a form of legal ownership and is justified by Allah SWT. The Qur'an and Hadith have also provided explanations regarding the parties who are entitled to become heirs along with the amount or amount of distribution of inheritance. However, in everyday life in society, the distribution of inheritance often creates its own problems, the distribution of inheritance is vulnerable to conflict and prone to disputes between parties who are entitled to become heirs. The method used in this paper is the normative legal research method. Namely the type of research method that is doctrinal in nature and comes from research sources from the library. In research, it is necessary to have library sources that are relevant to the subject being studied. In Indonesia, the applicable inheritance law is still not uniform. This is because there are different laws of inheritance, including civil inheritance law, customary inheritance law, and Islamic inheritance law. However, this paper only focuses on the division of inheritance law according to customary inheritance law and Islamic inheritance law. In Indonesia, there are very diverse customary laws, so this research is more directed to Javanese customary law of inheritance which adheres to the term sepikul segendongan, namely that boys get twice the share of girls. The principle of sepikul-segendong implies that men and women both get the same inheritance rights, but each share is different, the men who are considered to have a bigger role and responsibility get more shares (sepikul) than men. women (segendong), however, as Muslims, they should obey and submit to the provisions stipulated in Islamic law.
Analisis Terhadap Perlindungan Perempuan Korban Kekerasan Seksual Dari Segi Hak Asasi Manusia Dalam Sistem Hukum Positif Indonesia Windy Claudia Yunus; Leni Dwi Nurmala; Robby Waluyo Amu; Roy Marthen Moonti
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.855

Abstract

The aim of the research is to determine and analyze the concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. And to find out and analyze the form of state responsibility in protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. The type of research, namely Normative Juridical, is legal research that places law as a building system of norms. The legal materials used in this research come from primary legal materials obtained directly from legal materials, both primary legal materials and secondary legal materials. In this case the author will try to collect information that is relevant to the topic or problem being researched, as well as examine in depth the information collected and synchronize it with the main problem in this thesis. The concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system is that victims have the right to obtain their rights which are generally regulated in Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection. Witnesses and victims also have the right to receive medical assistance, rehabilitation, compensation and restitution. Forms of State Responsibility in Protecting Women Victims of Sexual Violence In terms of Human Rights in Indonesia's Positive Legal System, namely that the State has the responsibility to provide protection and a sense of security to its citizens. In this case, especially for women who are victims of sexual crimes.
Analisis Yuridis Terhadap Penegakan dan Pengaturan Hukum Kejahatan Dunia Maya (Cyebercrime) di Indonesia Elok Harry Ari Dhani Putri; Ramdhan Kasim; Leni Dwi Nurmala
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.865

Abstract

The aim of this research is to find out and analyze cybercrime law enforcement in Indonesia. The implementation of this research is normative research. Data analysis is an activity in research in the form of conducting studies or reviewing the results of data processing which is assisted by previously obtained theories. Cyber crime law enforcement in Indonesia can be carried out penal and non-penal. In general, seen from criminal policy (crime prevention policy), criminal law is not a strategic policy tool to prevent and eliminate causal factors or conditions that give rise to crime. We can see the positive criminal law provisions that are criminalized regarding cyber crime in Law Number 19 of 2016, amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. Meanwhile, non-penal measures are carried out through social methods or approaches such as information, appeals, educational channels, coaching, and also related matters of preventing cyber crime. In realizing law enforcement, law enforcement officers need an active role, namely by being equipped with special skills in handling cyber crime.
Legal Protection Provided by the Women and Children Protection Unit of the Gorontalo Regional Police for Victims of Online Prostitution Crimes Nurmala, Leni; Dince Aisa Kodai; Rahmad Paneo
Al-Mahkamah: Jurnal Hukum, Politik dan Pemerintahan Vol 1 No 1 (2024): April
Publisher : PT Syamilah Literasi Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The aim of this research is to examine the forms of legal protection for child victims of online prostitution crimes and efforts to deal with children as victims of online prostitution crimes. The approach used is an empirical normative juridical method by collecting data through documentation and direct interviews with investigators in the women and children unit at the Gorontalo Regional Police, especially those who handle child victims of online prostitution crimes. A social phenomenon that has recently occurred in social life is the problems that occur with children. The existence of children who are positioned as individuals who are still very vulnerable and weak and therefore have the potential to become victims of criminal acts. As happened in Gorontalo in 2023, the Gorontalo Regional Police Team found 5 children who were victims of criminal acts of human trafficking by using children as online prostitution workers offered by the perpetrators via electronic short messages (whatsapp, michat). Children who are victims of criminal acts of prostitution must receive special protection based on Law Number 35 of 2014. The Women and Children Protection Unit of the Gorontalo Regional Police provides special protection based on Article 59 to child victims of criminal acts of online prostitution. All actions that include services and assistance to victims. The legal efforts taken are preventive and repressive. Preventive efforts include conducting outreach to the public regarding the modus operandi of criminal acts of human trafficking which result in turning victims into prostitution, repressive efforts include implementing heavy criminal sanctions for the perpetrators.