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KEBIJAKAN KRIMINAL PENANGGULANGAN CYBER BULLYING TERHADAP ANAK SEBAGAI KORBAN Wenggedes Frensh Frensh; Syafruddin Kalo; Mahmud Mulyadi; Chairul Bariah
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (602.06 KB)

Abstract

ABSTRACT The result of this study shows that the present indonesia criminal policy dealing with cyber bullying either the penal policy or the non penal policy, they both can be used to prevent the act of cyber bullying. From the penal side, indonesia government uses criminal code and Law No. 11/2011 Information and electronic transactions  to prevent the act of cyber bullying. From the non penal side, government has done the cultural approach, moral and education approach, scientific approach and technology prevention. The future criminal policy in handling all act of cyber bullying in indonesia needs improvement and change. From the future penal side, there should be connectivity in the main criminal law system between criminal code and other constitutions besaide criminal code. The concept of criminal code needs to be validated by considering the comparative aspects towards the constitutions among other countries dealing with cyber bullying. From the future non penal side, there should be more moral approach/education, technology prevention, global approach (international cooperation), government role, media role and media of journalism role.   Keywords : Criminal Policy, Prevention, Cyber Bullying, Children, Victim
Penanggulangan Tindak Pidana Siber Dengan Menggunakan Teori Jendela Pecah Wenggedes Frensh
DOKTRINA: JOURNAL OF LAW Vol 4, No 2 (2021): Doktrina:Juornal of Law Oktober 2021
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v4i2.5793

Abstract

The development of information and communication technology provides positive benefits, such as the emergence of e-learning, e-commerce, e-banking, e-government, e-medicine and others. However, information and communication technology also has a negative impact with the emergence of cybercrime. Internet users in Indonesia in early 2021 reached 202.6 million people, this number increased by 15.5% or 27 million people compared to January 2020. This study aims to determine how to tackle cyber crime in cyberspace by using the broken window theory. The research method used is a normative juridical research method with secondary data sources and analyzed deductively. The results of the study indicate that the prevention of cyber crime in cyberspace can use the broken window theory. The prevention of cyber crime is carried out by maintaining cyber space so that it is maintained like a window with glass. Safeguarding cyberspace to be protected like a window with strong glass is to protect cyberspace using the ITE and Pornography Law that applies, cybersecurity which is guarded by every technology user and cyber police who conduct cyber patrols.
Penerapan Asas Pemilu Terhadap Electronic Voting (E-Voting) Pada Pemilu Tahun 2024 Mhd Ansor Lubis; Wenggedes Frensh; Fitri Yanni Dewi Siregar
Jurnal Ilmiah Penegakan Hukum Vol 9, No 1 (2022): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v9i1.6491

Abstract

This study aims to determine the implementation of the E-voting electoral system (Electronic Voting) which is a new method in general elections in Indonesia, the use of the E-voting system (Electronic Voting) later in the 2024 election is a step forward to realize the election principle, namely Luber Jurdil. The use of the conventional system in the previous election was still considered ineffective and in the end gave birth to various problems such as the inaccuracy of the vote count results, it was suspected that there were voters who chose more than one pair of candidates, took a long time to determine the results of the general election, used a lot of human resources. So from these problems, a new system is needed to be able to maximize the electoral system so that the Luber Jurdil principles are implemented. The research method used in this research is normative juridical by using a statutory approach and a conceptual approach to a legal issue that is currently relevant. And is prescriptive. The results of the study conclude that the E-voting system in general elections is a system that is more effectively used and has fulfilled the election principle, namely Luber Jurdil, so that in the implementation of E-voting a special and explicit regulation can be formed, both in the form of laws and regulations. Perpu. So that later in the implementation it has regulations and legitimacy that are binding and clear in accordance with Pancasila and the 1945 Constitution
Penetapan Tersangka Terhadap Korban Tindak Pidana Pencurian Yang Melakukan Pembelaan Terpaksa (Noodweer) Dalam Hukum Pidana Indonesia Nanang Tomi Sitorus; Fitria Ramadhani Siregar; Wenggedes Frensh
Riau Law Journal Vol 5, No 2 (2021): Riau Law Journal
Publisher : Faculty of Law, Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (597.317 KB) | DOI: 10.30652/rlj.v5i2.7901

Abstract

The abolition of crime is divided into two parts, namely those listed in the law and the other being outside the law, introducing jurisprudence and doctrine. The elimination of the crime, namely the forced defense (noodweer) has become a hot topic in the criminal law enforcement process in Indonesia. A forced defense (noodweer) is only carried out when a person feels that he or she is in danger or under threat. However, in some cases, many misunderstood the noodweer defense, so this raises pros and cons. The type of research carried out in this research is normative or doctrinal juridical research aimed only at written regulations and other legal materials. For this reason, this study will discuss the position of forced defense against victims of theft crime who are suspects and the ability to be responsible for victims of theft crimes who are designated as suspects in forced defense.
Traditional Communication in Modern Organizations: A Study of Protocol Communication of the Padang Lawas Utara Regency Syafruddin Ritonga Ritonga; Nina Siti Salmaniah Siregar; Isnaini Isnaini; Wenggedes Frensh
International Journal of Artificial Intelligence Research Vol 6, No 1.1 (2022)
Publisher : International Journal of Artificial Intelligence Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29099/ijair.v6i1.2.683

Abstract

 This study aims to analyze the frequent errors of protocol officers in carrying out activities, which of course affect the image of the North Padang Lawas Regency government. errors in the form of not paying attention to the regulations regarding the layout, the placement of valuable objects, the dress code, the script and the lack of coordination of the protocol officers with the parties concerned indicate a lack of understanding of the procedures for implementing the protocol itself. This study uses Bidle and Thomas theory by looking at aspects, expectations, norms, forms of behavior, evaluations and actions in aspects of protocol. This study uses a qualitative approach with a descriptive method. This approach was chosen in this paper because it is able to explore in depth and detail the role of protocol in supporting the successful performance of the regional head of North Padang Lawas Regency. The results of this study indicate that the Protocol section and North Padanglawas Regency have not been able to facilitate the Regent's actions as expected. The field of protocol is able to maintain the image of the regent's government by placing the regent in accordance with his position at events held in the internal environment; However, there are shortcomings such as coordination between protocol and OPD at events held between Regional Apparatus Organizations attended by the regent. In general, the supporting factors in the implementation of protocol at the regional secretariat of the North Padanglawas Regency are, among others, leadership support, leadership initiatives, solid teamwork, cultural networks. Then the inhibiting factors in the implementation of protocol at the regional secretariat of North Padanglawas Regency, among others, the lack of human resources in the Prokopim section, Lack / Slow Coordination of the Executor of Activities (OPD) and Often implementing activities directly coordinate to the Regional Head without any information to the Prokopim section (feeling close to the leadership & feel that protocol is complicated) and lack of supporting facilities for operations such  as computers and others. the role of protocol in supporting the successful performance of the regional head of North Padang Lawas Regency is again referring to Perbup no. 53 A of 2019 concerning Organizational Position, Work Procedures and Main Duties and Functions of the Regional Apparatus of North Padang Lawas Regency and effective and efficient coordination with stakeholders related to protocol. 
State and Fiqh: Examination of the Legal Status of Divorce in Verstek Decision Number 2939/Pdt.G/2023/PA.Mdn Maswandi, Maswandi; Frensh, Wenggedes; Siregar, Fitri Yanni Dewi; Hidayani, Sri
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.8722

Abstract

This research is grounded in Decision Number: 2939/Pdt.G/2023, wherein the presiding magistrate rendered a verdict of Verstek in his consideration of the case. In such cases, the decision is rendered by the court in the absence of either the defendant or their legal representative. The validity of a verstek verdict in the context of the legitimacy of a marriage may be contingent upon the applicable legislation within the jurisdiction in question; thus, this investigation will consider both positive law and Islamic law. The objective of this article is to undertake a critical analysis of the decision rendered in Decision Number: 2939/Pdt.G/2023, which pertains to the use of a verstek decision to terminate a marriage due to childlessness, followed by disputes and quarrels. This research is a normative legal study with a case-based approach. The principal data source is derived from court decisions in the field of marriage law. The analysis reveals that, in Decision Number: 2939/Pdt.G/2023, a verdict of divorce by verstek is considered valid if the stipulated procedures have been followed correctly and the party who is required to be present or provide a defence does not do so without a valid reason. Islamic law also establishes principles of justice and protection of individual rights, including in the marriage process. Accordingly, the legitimacy of a marriage concluded through a verstek verdict may be contingent upon the interpretation of Islamic schools of thought and the legal principles that are embraced. Likewise, in the context of marriage law in Indonesia, a verstek decision in a verstek divorce case can be recognized as valid if it has fulfilled the requirements stipulated in the law. Thus, to determine whether a verstek decision in a marriage is valid or not, it is necessary to consider the applicable legal context, both in terms of civil law and in terms of Islamic law (fiqh) or the applicable marriage law.
Implementasi Asas Ultimum Remidium Terhadap Anak Sebagai Penyalahguna Narkotika (Studi Putusan Nomor 37/Pid.Sus-Anak/2022/PN Mdn) Waruwu, Noman Tuboiman; Frensh, Wenggedes; Muazzul, Muazzul
JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 2 (2023): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v5i2.1837

Abstract

Criminal sanctions should be an (ultimum remedium) last remedy if other criminal means are unable to overcome. Children who are caught in legal cases as drug abusers are not fully perpetrators and criminals who must be punished like adults. This study aims to determine the application of the ultimum remedium principle to children as drug abusers. The research method used is normative legal research method or also called library legal research or research that looks at library materials (secondary data). Normative legal research as a way to build a system of norms about principles, norms, legal rules, agreements, and doctrines, as well as court decisions. The results showed that the application of the ultimum remedium principle against children is the last resort and the imposition of punishment must be non-custodial.
International Cyber Governance: Strategies And Practices Against Cybercrime Yongsheng, Guan; Isnaini, Isnaini; Frensh, Wenggedes
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.5095

Abstract

This research examines the complexities of cybercrime and the global efforts required to combat it. Highlighting the increasing sophistication of cyber threats, the study emphasizes the critical importance of international cooperation in cyber governance, the necessity of evolving technological solutions, policy frameworks, and effective legal measures. Utilizing a comprehensive literature review, the research defines the scope, selects relevant databases, incorporates reputable reports, evaluates sources for credibility, and meticulously documents findings. This structured approach ensures a thorough understanding of cybercrime complexities and governance measures. Key areas include balancing security and privacy, public-private partnerships, and ongoing vigilance and collaboration to strengthen cyber governance against dynamic threats.
The Strategic Role of the Inspectorate as an Internal Supervisor of the Mandailing Natal Regency Government El Husein, Rusmin; Isnaini, Isnaini; Frensh, Wenggedes
Journal of Public Representative and Society Provision Vol. 5 No. 1 (2025): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v5i1.468

Abstract

This study aims to analyze the strategic role of the Inspectorate as the internal supervisor of the local government of Mandailing Natal Regency in supporting good governance. This study uses a qualitative approach with data collection techniques through in-depth interviews, document studies, and observations. The data was analyzed descriptively to identify the role of the Inspectorate, the legal basis that supports it, and the inhibiting factors faced. The results of the study show that the Inspectorate has a strong legal foundation, including Law Number 23 of 2014, Government Regulation Number 60 of 2008 concerning SPIP, and related regional regulations. The strategic role of the Inspectorate includes supervising the implementation of regional policies, preventing corruption, evaluating OPD performance, and early detection of potential risks. However, the implementation of the supervisory function faces several obstacles, such as limited human resources, lack of budget, suboptimal technology, and intervention from external parties. These findings are in line with the theory of internal oversight which emphasizes the importance of independence, transparency, and accountability in government management. This study recommends strengthening human resource capacity, optimizing information technology, increasing budget allocation, and protecting the independence of the Inspectorate. In conclusion, the Mandailing Natal Regency Inspectorate has an important role in creating a transparent and accountable government. However, to optimize this role, commitment from various parties is needed to overcome existing obstacles.
Analysis of Law Enforcement Against Children as Perpetrators of Violent Theft: A Case Study of the Southeast Aceh Police Irvandi, Irvandi; Ramadhan, M. Citra; Frensh, Wenggedes
Journal of Public Representative and Society Provision Vol. 5 No. 1 (2025): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v5i1.494

Abstract

Law enforcement against children as perpetrators of violent theft is a complex issue that requires special attention, especially in the application of the principle of restorative justice in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA). This study aims to analyze the applicable legal rules, the implementation of law enforcement by the Southeast Aceh Police, as well as the obstacles faced in handling cases of children as perpetrators of violent theft. The research method used is qualitative with a case study approach, which involves in-depth interviews, observations, and document studies. The results of the study show that the rule of law prioritizes the principles of child rehabilitation and protection through a diversion mechanism to prevent children from the formal criminal justice system. The Southeast Aceh Police has tried to apply this principle, despite facing various obstacles, such as limited facilities for children, lack of trained human resources, and low public understanding of the restorative approach. This research emphasizes the importance of a holistic approach that involves various parties to increase the effectiveness of law enforcement against children. Support in the form of training officials, improving child-friendly facilities, and community education is needed to ensure the success of a fair juvenile criminal justice system and support the social reintegration of child offenders. Thus, this system can function optimally to protect children's rights, create justice for victims, and restore social harmony.