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All Journal DE LEGA LATA: Jurnal Ilmu Hukum Alauddin Law Development Journal (ALDEV)
Gagarin Akbar, M. Gary
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection for Victims of Crimes of Abuse That Result in Serious Injuries: A Human Rights Perspective Ismail, Naufal; Gagarin Akbar, M. Gary; Abas, Muhamad
Alauddin Law Development Journal (ALDEV) Vol 6 No 2 (2024): Government Policy and Its Implementation to Maintain the Stability of the Nation
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i2.48253

Abstract

Human Rights (HAM) are inherent rights that every person possesses from birth and must be respected by all individuals. In the case of decision number 467/Pid.B/2022/PN.Dpk., the victim of the abuse did not receive their due rights for the suffering and losses endured. This study employs a normative legal research method with a juridical normative approach to analyze human rights theories and relevant legislation concerning legal protection for victims of criminal acts in Indonesia. The findings reveal that such acts of abuse violate human rights values ​​enshrined in both national and international regulations. The state plays a crucial role in restoring the human rights of victims to ensure legal protection and justice. Legal protection should include judges' understanding of victims' rights, including the application for restitution and compensation, as well as the merging of criminal and civil cases.
Law Enforcement of Transnational Cybercrime: Case Study in Indonesia Martono, Martono; Gagarin Akbar, M. Gary; Rahmatiar, Y
DE LEGA LATA: JURNAL ILMU HUKUM Vol 10, No 2 (2025): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v10i2.24627

Abstract

Transnational cybercrime is a common problem in governance amidst digitalization and even across national borders, thus requiring a fast, adaptive, and international cooperation-based legal response. The purpose of this study is to analyze the Indonesian national legal system in responding to transnational cybercrime, including identifying emerging obstacles and institutional responses and multinational cooperation that have been formed. The approach used is normative juridical, by analyzing primary and secondary legal materials that refer to the case and perception approaches to legal regulations. The results of this study are that Indonesia already has a number of legal instruments used to prosecute cybercrime, such as the ITE Law, the Criminal Code, and international legal instruments such as the Mutual Assistance Law (MLA) and Indonesia's participation in the United Nations Convention Against Transnational Organized Crime (UNTOC). On the institutional side, the existence of the Cyber Crime Directorate, BSSN, and other related agencies is an important foundation in detection and enforcement efforts, but there are still obstacles such as limited jurisdiction, lack of harmonization of international regulations, and limited technology and human resources. One of the case studies analyzed revealed the complexity in the law enforcement process for cybercrime involving perpetrators from abroad and causing major financial losses in Indonesia.
Co-Authors Ismail, Naufal Martono Martono Muhamad Abas Rahmatiar, Y