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All Journal Pembaharuan Hukum INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Jurnal Hukum Lex Generalis Al-Bayyinah
Suseno, Jarot Jati Bagus
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Religion Law, Crime, Criminology & Criminal Justice

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Role of the Financial Service Authority of the Republic of Indonesia in Determining Financial Technology Crime as Bijzondere Toestanden Suseno, Jarot Jati Bagus; Mahita Paksi, Tutut Ferdiana; Yusriando, Yusriando
Al-Bayyinah Vol. 8 No. 1 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i1.6281

Abstract

Changes in civilization through information technology have also brought changes to the world of financial administration, including fund lending institutions. The change is demonstrated by the presence of financial technology (fintech). The progress of the digital financial world, including fintech institutions in the country, needs to be balanced with adequate legal policies regarding implementing online lending by fintech. This has given rise to various problems, including criminal matters through fraud and threats from fintech institutions and online loans. Regarding this, the Financial Services Authority of the Republic of Indonesia (OJK), the authorized institution for handling fintech issues that lead to criminal matters, is not yet optimal. This doctrinal method article aims to discuss topics related to the urgency of the role of the Financial Services Authority in handling fintech crimes. Based on existing studies, the OJK, the party responsible for fintech criminal matters, has been unable to supervise and protect fintech users. This is the basis for the need to create a formulation regarding supervision and action through criminal law, specifically against fintech institutions that are illegal and commit actual unlawful acts, where the law enforcement agency is the OJK, which partners with law enforcement agencies in the context of state primary constitutional organs and enforcement agencies which has the status of a state auxiliary organ.
Optimalisasi Peran Polisi dalam Penegakan Hukum Berbasis Humanis dan Profesionalisme Purba, Abiezer Manora; Rizki; Suseno, Jarot Jati Bagus; Tamba, Dianto Gunawan; Butar Butar, Marolop; Sinambela, Jamalum
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i12.836

Abstract

The article examines the challenges and opportunities in optimizing the role of the Indonesian police (Polri) in humanistic law enforcement. It highlights structural, cultural, and technical barriers, including inefficiencies in bureaucracy, outdated leadership approaches, and inadequate adoption of modern technology. These issues hinder effective policing and diminish public trust. The article also underscores the importance of aligning law enforcement practices with community-specific cultural contexts, such as handling traditional conflict resolution practices like carok in Madura, by employing a humanistic and dialogical approach. To bridge the gap between societal expectations and on-the-ground realities, the article proposes comprehensive strategies. These include capacity-building through humanistic training, emphasizing empathy and cultural understanding, reforming recruitment processes, and leveraging technology for transparency. The implementation of community policing models, such as Polmas, is highlighted as a practical way to foster collaboration between police and communities. The study employs a combination of normative and sociological approaches, drawing on legislation, direct observation, and interviews with police practitioners. By integrating ethical guidelines, continuous training, and community-centric policies, the article advocates for a transformative policing framework that upholds justice, respects cultural diversity, and strengthens public trust. This framework aligns with Indonesia’s Pancasila values, emphasizing fairness and human dignity in law enforcement.
Civil Law Analysis of Misbruik Van Omstandigheden in Hospital Refusal of Economically Weak Patients Yusriando, Yusriando; Gunarto, Gunarto; Suseno, Jarot Jati Bagus; Yuliati, Sri
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.46314

Abstract

Hospitals in Indonesia, as mandated by the 1945 Constitution and health law policies, are required to provide equitable healthcare services to all citizens, including economically disadvantaged groups. However, frequent cases of hospital rejections against poor patients due to inability to pay reveal a gap between constitutional guarantees and practice. Such acts constitute misbruik van omstandigheden (abuse of circumstances), where hospitals exploit patients' positions vulnerable in therapeutic agreements and informed consent. The objectives of this research are threefold: first, to analyze the practice of misbruik van omstandigheden in medical contracts between hospitals and poor patients; second, to assess the form of legal responsibility of hospitals in cases of denial or neglect, and third, to formulate recommendations to strengthen the protection of poor patients' rights through regulatory reforms and effective sanctions. This study employs a doctrinal research method with a normative legal approach, supported by empirical case studies. Primary sources include the 1945 Constitution, Law Number 36/2009, Law Number 17/2023, and the Civil Code, complemented by Islamic legal principles (maqashid al-Shariah). The findings show that hospital rejections violate civil law, constitutional mandates, and ethical obligations.
Mairil and Nyempet as Child Sexual Violence in Pesantren: Contradictions of Traditional Norms, Religion, and Criminal Law Policy in Indonesia Tohari, Mohamad; Kamalludin, Iqbal; Suseno, Jarot Jati Bagus; Umar, Achmad Jauhari; Pratami, Bunga Desyana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.50291

Abstract

Pesantren, Islamic educational institutions in Indonesia, traditionally provide dormitories for santri, students dedicated to religious studies from childhood through adolescence. However, adolescence often coincides with heightened curiosity about sexuality, leading to behaviors like "Mairil" and "Nyempet." Mairil involves affectionate interactions between individuals of the same gender, which can escalate to physical actions known as Nyempet, distinct from sodomy. This socio-legal study employs a qualitative approach focusing on substantive justice in criminal policy. The research underscores that Mairil and Nyempet constitute forms of sexual violence prevalent in pesantren. Despite inconsistencies with religious norms and criminal law, enforcement remains inadequate. It advocates for a comprehensive approach involving pesantren and competent authorities to tackle these issues. Key recommendations include enhancing victim protection, enforcing existing laws rigorously, and raising societal awareness through education on individual rights and humanitarian principles. In conclusion, addressing Mairil and Nyempet requires concerted efforts from all stakeholders to ensure justice, protect victims, and promote a more inclusive understanding within Indonesian society and its educational institutions.
Co-Authors Butar Butar, Marolop Gunarto Gunarto Iqbal Kamalludin Mahita Paksi, Tutut Ferdiana Mohamad Tohari, Mohamad Pratami, Bunga Desyana Purba, Abiezer Manora Rizki Sinambela, Jamalum Sri Yuliati Tamba, Dianto Gunawan Umar, Achmad Jauhari Yusriando Yusriando, Yusriando