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Journal : Journal of Law, Poliitic and Humanities

A Criminal Law Review of Social Media Advertisements Leading to Gambling and Illegal Activities in Indonesia Amalia, Dinda; Toteles, Aris; .Bangas, Karlinae D.
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1713

Abstract

This research discusses the criminal law perspective on social media advertisements that lead to gambling and illegal activities in Indonesia. The development of information and communication technology has facilitated the spread of illegal advertisements, including online gambling, through social media platforms. Although gambling is prohibited under Article 303 of the Indonesian Criminal Code (KUHP) and Law No. 11 of 2008 on Electronic Information and Transactions (UU ITE), this practice remains prevalent with increasingly sophisticated marketing strategies, such as the use of influencers and referral codes. This research employs a normative juridical method to analyze the effectiveness of existing regulations, challenges in law enforcement, and effective criminal liability models. The findings indicate that while regulations provide a strong legal foundation, their implementation faces obstacles, such as difficulties in identifying perpetrators, low legal awareness among the public, and limited law enforcement resources. Therefore, this research recommends regulatory revisions, enhanced law enforcement capacity, and public education to more effectively address this phenomenon
The Role of the Indonesian Food and Drug Authority (Badan Pengawas Obat dan Makanan-BPOM) in Skincare Overclaim Cases: Consumer Protection Perspective Due to Negligence in Monitoring Inconsistencies in Product Content and Labeling Aprilianti, Prashandya Natasya Putri; Toteles, Aris; Evi, Evi
Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i5.1978

Abstract

The skincare industry in Indonesia is experiencing rapid growth but is accompanied by an increase in cases of overclaim, namely excessive or inconsistent claims between the content and product labels circulating on the market. This practice not only misleads consumers but also has the potential to pose serious health risks. This study aims to analyze the role of the Indonesian Indonesian Food and Drug Authority in cases of skincare overclaim from a consumer protection perspective, especially due to negligence in supervising the inconsistency of product content and labels. The research method used is normative juridical with a statutory approach, reviewing laws and regulations such as Law Number 8 of 1999 concerning Consumer Protection, Law Number 17 of 2023 concerning Health, and the Regulation of the Indonesian Food and Drug Authority. The results of the study show that BPOM has a role in pre-market and post-market supervision of skincare products. However, there are still gaps in the supervision system that cause products with inconsistency in claims to continue to circulate and harm consumers. This study recommends strengthening the supervision and law enforcement mechanisms for business actors and the Indonesian Food and Drug Authority in order to ensure more effective consumer protection and prevent similar cases from recurring in the future
A Legal Analysis of Disparities in Judicial Decisions Regarding Human Trafficking Crimes Saputri, Widya Riska; Toteles, Aris; Theresia, Louise
Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i6.2339

Abstract

Disparities in judges' decisions in human trafficking cases indicate inconsistency in delivering verdicts for similar or related cases. The primary objective of this study is to identify various factors influencing the differences in judges' decisions in human trafficking cases, including how judges assess the elements of the case, consider aggravating and mitigating circumstances, and apply the law appropriately to realize justice in court rulings. The research method used is normative juridical, with data collection techniques including the study of court decisions from the Palangka Raya District Court, books, and scientific journals. The research findings show that there are several disparities in judges' rulings on similar cases. In the judicial process, a judge's conviction is based on legally valid and admissible evidence. Sentences, such as imprisonment and fines, are influenced by various factors, including mitigating conditionslike young age, confession, remorse, and the defendant's attitude during the trial. Disparities in rulings occur due to differences in judges' convictions and the lack of clear guidelines insentencing.