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Winiari Wahyuningtyas, Yuli
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Law, Crime, Criminology & Criminal Justice

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Pertanggungjawaban Bank Terhadap Nasabah Dalam Layanan Perbankan Digital Imam Safi’i, Mohammad; Winiari Wahyuningtyas, yuli
WELFARE STATE Jurnal Hukum Vol. 1 No. 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v1i2.1696

Abstract

This study aims to analyze the legal rules related to the existence of digital banking as a form of service innovation carried out by banks and analyze the forms of legal protection and accountability provided to customers in the use of digital banking. This study uses a normative legal research type. Based on the research, the results show that there are no specific legal regulations in the implementation of digital banking. This is because the Banking Law does not discuss the provisions for digital banking activities. The responsibility of the bank if the customer is dissatisfied both verbally and in writing due to loss or potential material loss in the financial services sector, the customer can file a complaint. Customers who suffer losses due to cybercrimes are entitled to compensation as a form of responsibility from the bank as long as it is not the customer's negligence. If the negligence is caused by the bank concerned, the bank's negligence can be prosecuted as an unlawful act.  
Tinjauan Yuridis Pelaksanaan Jaminan Sosial Tenaga Kerja di PT. Mitratani Dua Tujuh Kabupaten Jember Sholeh, Sholeh; Hariandja, Tioma R.; Nofitasari, Solehari; Winiari Wahyuningtyas, Yuli
WELFARE STATE Jurnal Hukum Vol. 2 No. 1 (2023): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i1.2076

Abstract

Every worker has rights and obligations that must be fulfilled and vice versa for the company. Workers as executors must have their rights guaranteed through social insurance. In the Amendment to Article 28 H of the 1945 Constitution paragraph (3) stipulates that everyone has the right to obtain social insurance for their survival, including workers. Implementation of the workers' social insurance program at PT. Mitratani Dua Seven Jember Regency is divided into 2 (two) type: first type is Permanent Employees and Contract Employess (PKWT) and second type is Seasonal Employees. Permanent employees and PKWT are registered in 4 (four) insurance programs are: Old Age Benefits (JHT), Work Accident Benefits (JKK), Death Benefits (JKM) and Pension Benefits (JP), while seasonal employees are registered in 3 (three) insurance programs, namely Old Age Benefits ( JHT), work accident insurance (JKK), death insurance (JKM). Obstacles in the implementation of the Employment BPJS program for seasonal workers are related to the very high entry and exit of workers because they cannot adapt to the work environment.
Perlindungan Hukum Terhadap Data Pribadi bagi Nasabah Pinjaman Online Duwi Rindiantika, Wafia; Laily Mufid, Firda; Winiari Wahyuningtyas, Yuli
WELFARE STATE Jurnal Hukum Vol. 2 No. 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i2.2416

Abstract

Online lending or peer to peer landing as a form of financial technology is the result of technological advances that offer many loans with easier and more flexible terms and conditions when compared to conventional financial institutions such as banks. But it turns out that behind this convenience, of course there are consequences and risks that will be received by borrowers if they violate their obligations. In the last few years to date, the OJK, which is part of the Investigation Alert Task Force, still finds and blocks illegal online loan services, because they cause many problems for their users, several cases have ended with borrowers ending their lives because they cannot be strong enough to be billed by debt collectors. Apart from that, the problem with online loans after billing with terror is the transfer of contacts. Blender can read all cellphone transactions and photos. So that the protection of personal data is still low. Indonesia does not yet have a personal data protection law, so that business actors go around with online loan users.
Pertanggung Jawaban Pidana Pelaku Penipuan Tautan Undangan Melalui Whatsapp Ditinjau dari Undang-Undang Nomor 19 Tahun 2016 Tentang Informasi Transaksi Elektronik Yaqin, Moh. Ainul; R. Hariandja, Tioma; Winiari wahyuningtyas, Yuli; Hoiru Nail, Muhammad
WELFARE STATE Jurnal Hukum Vol. 3 No. 1 (2024): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i1.2802

Abstract

The rapid advancement of technology has brought many benefits to society, making it easier and helping to meet their needs through various technologies. However, along with this development, problems such as fraud through WhatsApp applications have also emerged. One of the modus operandi is the fraud of courier receipts or from the sender's expedition party. Therefore, the formulation of the research problem is whether perpetrators of fraud through WhatsApp invitation links can be subject to criminal sanctions, and what legal efforts can be made by victims of fraud through WhatsApp invitation links. The purpose of this study is to determine whether fraud through WhatsApp invitation links can be subject to criminal sanctions, and to determine what legal efforts can be made by victims of such fraud. The research method used is the typology of normative legal research, which is research conducted on written regulations, as well as library research or documentary studies, because this research mostly uses secondary data such as books and official documents. The approach used in this research is the statutory approach, case approach, and conceptual approach. In addition, this study also uses primary and secondary legal material sources. The first discussion result shows that fraud through WhatsApp invitation links can be subject to criminal sanctions based on Article 378 of the Criminal Code and Article 28 paragraph (1) of the ITE Law. Victims can take legal action by reporting such criminal acts to the Police in accordance with Article 4 paragraph (1) of Law Number 23 of 2007 concerning the Legal Jurisdiction of the Indonesian National Police. Victims can also resolve their issues through litigation or non-litigation.
Pertanggungjawaban Pidana Pelaku Cyberbullying Menggunakan Fake Account barid zein, izzata; Laily Mufid, Firda; Winiari Wahyuningtyas, Yuli; Manab, Abd
WELFARE STATE Jurnal Hukum Vol. 3 No. 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i2.3167

Abstract

Formulation of the problem of law enforcement againstcyberbullying perpetrators and criminal liability for cyberbullyingperpetrators who use fake accounts with the aim of finding out lawenforcement against cyberbullying perpetrators. and to find outcriminal liability for perpetrators of cyberbullying. using a FakeAccount. The method in this research uses a normative juridicalresearch type. Conclusions from this research. Law enforcementagainst cyberbullying crimes is contained in the Criminal Code andLaw Number 11 of 2008 concerning Information and ElectronicTransactions, there are several articles related to forms ofcyberbullying relating to prevention, prosecution and prosecutionof perpetrators and victims. The issuance of the SKB on the ITELaw serves as a guide for law enforcement. The articles contained inthe SKB can be studied objectively by law enforcers and resolvecases without having to be submitted to court and strengthen theposition of criminal justice as the ultimum remidium, namely thatcriminal punishment or sanctions are an alternative or last resortin law enforcement. . The purpose of forming this SKB is tomaintain a clean, healthy, productive and fair Indonesian digitalspace. The burden of responsibility is imposed on the perpetrator ofa criminal act in connection with the basis for imposing criminalsanctions. The nature of responsibility for his actions is against thelaw and there is no excuse. This issue of responsibility is stated inArticle 44 of the Criminal Code.
Upaya Hukum Dalam Pencegahan Aksi Lempar Batu Terhadap Pengguna Jalan Raya di Situbondo Fighur Firmansyah, Moh; Winiari Wahyuningtyas, Yuli; Nofitasari, Solehati; Supianto
WELFARE STATE Jurnal Hukum Vol. 3 No. 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i2.3334

Abstract

The recent increase in violent acts is often seen in society,along with various problems related to law violations, from mild toserious. One of the problems is the stone throwing action thatoccurred in Situbondo from 2018 to 2024 there are several cases ofstone throwing in the Situbondo Regency area which have not beencompleted and often occur repeatedly. The Crime of Destruction ofGoods itself has been cited in Article 406 paragraph (1) of theCriminal Code. With 2 problem formulations, namely: 1. What arethe legal remedies of victims of the crime of throwing stones againstmotorists on the Situbondo highway?, What is the legal threat tothe perpetrators of throwing stones against motorists on theSitubondo highway? The research method uses an empiricaljuridical approach, the data used are secondary data and primarydata. The study was carried out by literature studies and fieldstudies. The resource persons in this study are from the SitubondoPolice Gakkum Office. Based on the formulation of the problem andthe discussion in this study, the conclusion of this study is, Legalefforts to protect victims of crime as parties seeking justice, thenthey have the right to legal protection and redress as stated in LawNumber 8 of 1981 concerning the Criminal Procedure Code whichincludes the Road to obtain justice and obtain justice, entitled torestitution, compensation.
Co-Authors barid zein, izzata Duwi Rindiantika, Wafia Fighur Firmansyah, Moh Hariandja, Tioma R. Imam Safi’i, Mohammad Laily Mufid, Firda Manab, Abd Nail, Muhammad Hoiru Nofitasari, Solehari Nofitasari, Solehati R. Hariandja, Tioma Sholeh Sholeh, Sholeh Supianto Yaqin, Moh. Ainul