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All Journal DE LEGA LATA: Jurnal Ilmu Hukum Alauddin Law Development Journal (ALDEV) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP)
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 : Department of Law, 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.
Tinjauan Krimonologi Terhadap Pelaku Kejahatan yang Dilakukan oleh Remaja dalam Komunitas Geng Motor Ditinjau dari Control Social Theory (Studi Kasus di Kabupaten Karawang) Rana Dewi Siauta, Putri; Gagarin Akbar, M. Gary; Abas, Muhamad
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 5 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Juli - Agustus 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i5.2374

Abstract

Criminology is a science that studies crime or specifically studies criminals. The criminological theory used in this research is Social Control Theory. According to Walker Reckless, bad behavior among teenagers is caused by a combination of internal and external control. Such as family, education, and dominant groups. Criminology focuses on the study of criminal behavior and criminals. This research aims to determine the causes of teenagers in the motorbike gang community committing crimes and the mitigation efforts carried out by the police. The method used is empirical juridical with an explanatory descriptive research type with data analysis using deductive logic. Data was obtained through interviews, with motorcycle gang members, police officers and direct observation in the field, and literature studies from various sources such as books, articles and legislation. The research results show that the factors that cause motorbike gang perpetrators to commit crimes consist of internal factors such as emotional instability and the influence of alcohol and drugs, and external factors such as family conditions, social environment and the economy. Countermeasures carried out by the police include preventive measures, namely efforts carried out before a crime occurs and repressive measures, namely efforts carried out by the police after a crime occurs.
Co-Authors Abas, Muhamad Ismail, Naufal Martono Martono Muhamad Abas Rahmatiar, Y Rana Dewi Siauta, Putri