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All Journal Ensiklopedia of Journal Journal of Social Science International Journal of Social Service and Research International Journal of Educational Review, Law And Social Sciences (IJERLAS) Indonesian Journal of Multidisciplinary Science Journal Of World Science POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Hukum Pidana dan Pembangunan Hukum Reformasi Hukum Trisakti Journal Research of Social Science, Economics, and Management Journal of Social Science Amicus Curiae Jurnal De Lege Ferenda Trisakti
Eriyantouw Wahid
Universitas Trisakti, Jakarta, Indonesia
Religion Arts Humanities Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Physics Public Health Social Sciences Other

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SANKSI PIDANA PELAKU TINDAK PIDANA DENGAN ANCAMAN KEKERASAN DAN TIPU MUSLIHAT MELAKUKAN PERSETUBUHAN PADA ANAK (PUTUSAN NOMOR 65/PID.B/2021/PN.SBS): Criminal Sanctions Against Perpetrators of Criminal Acts with Threats of Violence and Deception Leading to Sexual Intercourse with a Child Dhea Andini; Eriyantouw Wahid
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22931

Abstract

Sexual violence against children, particularly in the form of forced sexual intercourse, is a critical issue worldwide, as perpetrators of such crimes are often individuals close to the child victim, such as family members. The identification problem discusses the legal provisions that should be applied in cases where the child is the victim and a family member is the perpetrator, as well as the appropriate sentencing measures to address similar issues. The research employs a descriptive normative approach, using secondary data which is processed qualitatively through deductive reasoning. The result and conclusion of the study indicate that the imposition of an 8-year prison sentence does not align with the objectives of criminal punishment, as there should have been an aggravated sentence with an additional one-third of the primary sentence, considering that the perpetrator had a familial relationship with the child victim.
PENJATUHAN SANKSI PIDANA PORNOGRAFI MELALUI UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK: Penalty of Pornography Through The Electronic Information and Transaction Law Aurellia Amanda Sherly; Eriyantouw Wahid
Reformasi Hukum Trisakti Vol 7 No 4 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i4.23173

Abstract

The imposition of criminal sanctions against the perpetrator of the pornographic model of the defendant by the name of Yuli Hertina live streaming herself naked and the defendant received benefits from these actions. The judge decided with Article 27 paragraph (1) of Law Number 11 of 2008 concerning Electronic Information and Transactions. As with the study of decision number 459/Pid.Sus/2023/PN JKT.SEL, the main problem is whether the imposition of criminal sanctions on the perpetrators of criminal acts of pornography is included in the category in Article 27 paragraph (1) of the Electronic Information and Transactions Law. This research method uses normative juridical, using primary and secondary data, qualitative approach data collection techniques, descriptive data analysis. The results and conclusions of the discussion indicate that the perpetrator's actions of committing pornography by displaying nudity and masturbation via live streaming fall under the category of pornography. Therefore, the judge should have applied Article 27(1) of the ITE Law in conjunction with Article 8 of the Pornography Law. The imposition of criminal sanctions by the judge against the perpetrator of pornography is inappropriate because it does not fall under the category of Article 27(1) of the ITE Law.
Reconstruction Of The Legal Relations Of The Central And Local Governments In Handling The Pandemic In Indonesia Rahardiansah, Trubus; Wahid, Eriyantouw; M. Asror, Endyk
Journal of World Science Vol. 1 No. 5 (2022): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v1i5.37

Abstract

In 2020, a health emergency became a condition that affected the stability of the Indonesian state, especially in certain areas that require proper and prompt handling. The Covid-19 virus outbreak (also known as the coronavirus), has infected millions of people across Indonesia. The legal basis used to draft the handling policy, at least also based on the 1945 NRI Constitution, Law No. 24 of 2007 on Disaster Management (hereinafter referred to as Law No. 24 of 2007) and Law No. 6 of 2018 on Health Quarantine (hereinafter referred to as Law No. 6 of 2018). The issue raised is how the implementation of law enforcement and legal sanctions in handling the Covid-19 pandemic in Indonesia based on Law No.6 of 2018 concerning Health Quarantine and reconstruction of legal relations between the central and local governments in handling the pandemic effectively in Indonesia? The method used is normative legal research methods. Normative legal research itself is a research method that examines the law from an internal perspective with the object of research is the legal norm. The approaches used in this study are the statute approach and the conceptual approach. This research is based on the regulation of laws and regulations governing the handling and management of the Covid-19 pandemic and analysis of the concept of determining the laws and regulations. The conclusions that can be drawn include a comprehensive analysis of the substance of Law No. 24 of 2007, Law No. 6 of 2018, and Law No. 23 of 2014 shows the unclear legal relationship between the central government and local governments in emergency situations (extraordinary), especially in handling the pandemic. As a result, its implementation often causes legal conflicts between the central and local governments that hinder the handling of Covid-19 in Indonesia. The Regional Government, on the basis of autonomy has the right to take care of its regional affairs, including in dealing with problems that occur in the region. The results of this study provide advice and recommendations including The Need for Synchronization and Harmonization of the Regulation of Law No.24 of 2007 on Disaster Management, Law No.23 of 2014 on Local Government and Law No.6 of 2018 on Health Quarantine so that the construction of central and regional legal relations in handling outbreaks in Indonesia can be more responsive and effective in its implementation
SANKSI PIDANA TINDAK PIDANA PENGGELAPAN DALAM HUBUNGAN KERJA Nurul Fadilah; Eriyantouw Wahid
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15294

Abstract

Bagus Setianto committed the offense of embezzlement in working relationships by stealing money from product sales. The question posed in this essay is whether the perpetrator's conduct comply with article 374 of the Criminal Code and if the judge made the right choice in issuing a 2-year sentence. This study use normative research methodologies, analyzes qualitative data, uses secondary data, and uses deductive reasoning to reach findings. The findings revealed that Bagus Setianto had erred by abusing his position as supervisor. Specifically, the defendant had altered the assigned email address and embezzled money from product sales by repeatedly transferring it to his wife's account without getting permission from Pangansari Utama Food Distribution for his own use.
Analisis Putusan Nomor 18.Pid.B/2022/PN_Gst Tentang Tindak Pidana Penganiayaan Yang Menyebabkan Luka Berat : Analysis Of Decision Number 18.Pid.B/2022/PN_Gst Concerning The Criminal Act Of Torture Which Causes Serious Injury Febriolla fransiska sepuwarini; Eriyantouw Wahid
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19246

Abstract

The offence of significant injury is a violation of human life, constituting an act that contravenes the law, as exemplified by the case of severe abuse in decision Number 18.Pid.B/2022/PN_Gst in this instance, the assailant perpertrated sever abuse on the victim by inflicting a stab wound to the victim’s abdomen using a knife, which has the potential to be fatal. The author’s problem is to determine if acts of abuse resulting in severe injuries can be classifiend as attrempted murder according to Article 338 in conjunction with Article 53 paragraph 1 of the Criminal Code?. This study uses descriptive analysis, a normative research method. Using literature findings are as follows: (1) The defendant’s conduct do not satisfy the requirements outlined in article 338, in connection with article 53, of the criminal code. (2) Criminal penalties are not imposed in case decision number 18.Pid.B/2021/PN_Gst employs a punishment theory that encompasses four primary objectives: detterent effect, education, rehabilitation, and social control. For this situation, the appropriate legal provision to addres the criminal act of causing severe bodily harm is Article 351, paragraph 2 of the criminal code.
TINDAK PIDANA PENGGELAPAN KARENA HUBUNGAN KERJA SECARA BERSAMA-SAMA (PUTUSAN NO 3557/PID.B/2021/PN MDN) : Crime of Embezzlement Due to Collaborative Employment Relationships (Decision No. 3557/PID.B/2021/PN MDN) Gusti Muhammad Reza Meldianta Rahman; Eriyantouw Wahid
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19588

Abstract

The economic conditions that are being impacted by Covid 19 are one factor in the occurrence of criminal acts of embezzlement. In criminal acts, embezzlement often occurs because of a joint work relationship. At trials it is often found that perpetrators of embezzlement due to work relationships are subject to ordinary embezzlement crimes, as is the case with decision No. 3557/PID.B/2021/PN MDN. The issues raised are 1) are the actions of the perpetrator of the crime of embezzlement due to a joint work relationship appropriate based on Article 372 of the Criminal Code? (Study Decision Number 3557/Pid.B/2021/PN Mdn) and 2) how do perpetrators jointly commit the crime of embezzlement due to work relationships? (Study Decision Number 3557/Pid.B/2021/PN Mdn). The normative juridical used in this research is descriptive analytical in nature. The use of secondary data then uses qualitative analysis which is drawn logically deductively in drawing conclusions. The result is: 1) It is not appropriate to use Article 372 of the Criminal Code in this case, 2) Taking part is a form of participation in this case. In conclusion, this criminal act is included in embezzlement under Article 374 of the Criminal Code.
STATUS AND LEGAL PROTECTION OF THE AMUNGME AND KAMORO INDIGENOUS COMMUNITIES IN CONTRACT RENEGOTIATION OF PT.FREEPORT INDONESIA Kanisius Jehabut; Eriyantouw Wahid; Gunawan Djajaputra
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i5.1054

Abstract

This research discusses the existence of indigenous peoples of the Amungme tribe and Kamoro tribe in the application of Law No. 4 of 2009 concerning Mineral and Coal Mining ( Minerba Law), renegotiation of contracts of work of PT. Freeport Indonesia is in connection with the Divestment of Shares , the legal position and involvement of the indigenous peoples of the Amungme and Kamoro Tribes and the economic rights of indigenous peoples affected by pt. Freepoint Indonesia. As is known that PT Freeport Indonesia is a mining company company that has a Contract of Work (KK) in the Grasberg and Ertsberg Mountains mining area which began in 1967 and will only end in 2021. Since implementation of the Minerba Law, PT. Freeport is required to dive shares to the Indonesian Government . in the process of divestment of shares , the the government has not been involved indigenous peoples who have customary rights in the mining area so that there are several problems such as conflicts in the mining area caused by the absences of arrangements regarding minerals and coal business in accordance with Pancasila and the 1945 Constitution , because the Minerba Law is only able to reach legal actions after the issuance of the Minerba Law and related matters related to KK that existed before the Minerba Law. in the other hand , the existence of KK PT. Freeport Indonesia is considered incompatible with Pancasila, namely the Fifth Precept " Social justice for All Indonesian People " and Article 33 paragraph (3) of the UUD 1945 Constitution concerning the substance of the earth , water , and natural wealth " controlled by the state " and " used to the greatest extents of people's prosperity "
THE EFFECTIVENESS OF THE ROLE OF THE SUPERVISORY BOARD OF THE CORRUPTION ERADICATION COMMISSION IN IMPLEMENTING WIRING Bonifansius Sulimas; Eriyantouw Wahid; Rosdiana Saleh
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1360

Abstract

The revision of Law No. 19 of 2019 on the Second Amendment to Law No. 30 of 2002 on the Corruption Eradication Commission (KPK) has raised a number of pros and cons regarding the additional articles. The existence of the Supervisory Board is considered to weaken the independence of the KPK and is at risk of expanding the authority of the addition of Article 12B, paragraph (1), which states "Wiretapping as referred to in Article 12, paragraph (1), is carried out after obtaining written permission from the supervisory board". The problem formulations in this research are: How is the regulation of wiretapping with its relation to the right to privacy right in the context of law enforcement? How is the implementation of wiretapping in Law Number 19 of 2019 and comparison with the ideal concept of wiretapping in the context of law enforcement? How is the review of the existence of a supervisory board in the judicial system in Indonesia? Furthermore, the method in this research is normative legal research, with a statutory approach, case approach, historical approach, comparative approach, and conceptual approach..
TINDAK PIDANA PENCUCIAN UANG OLEH PELAKU KORPORASI DITINJAU DARI ASAS KEADILAN (PUTUSAN NOMOR 75/PID.SUSTPK/2022/PN JKT PST, PUTUSAN NOMOR 24/PID.SUS-TPK/2023/PN JKT.PST DAN PUTUSAN NOMOR 12/PID.SUS-TPK/2023/PN SRG) Silean, Yosua; Wahid, Eriyantouw; Multiwijaya, Vientje Ratna
Ensiklopedia of Journal Vol 8, No 1 (2025): Vol. 8 No. 1 Edisi 3 Oktober 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v8i1.3559

Abstract

 The crime of money laundering is a process or act that aims to hide or disguise the origin of money or assets, obtained from the proceeds of a crime which are then converted into assets that appear to come from legitimate activities. This means that the money that is hidden is actually obtained illegally by carrying out actions that are also against the law, but is attempted in such a way that the source of the money appears to come from legitimate actions and is justified by law. Decision Number 12/Pid.SusTPK/2023/PN Srg DENI EDI RISYADI as a Civil Servant or State Administrator as a NonPermanent Employee at the Lebak Regency Land Office based on the Decree of the Head of the Lebak Regency Land Office committed a crime of corruption carried out jointly and a crime of money laundering. The responsibility of the perpetrator of the crime of money laundering originating from the proceeds of the crime of CORRUPTION as referred to in Article 1 number (9) of Law No. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering is every person and corporation. The basis for the judge's considerations in sentencing the perpetrator of the crime of money laundering is by considering the legal facts revealed in the trial and must have strong considerations in handing down a sentence that can have a deterrent effect on the defendant. Keywords: Criminal Acts, Money Laundering, Corporations, Corporate Actors. 
Reconstructing Legal Responsibility for the Dissemination of False News Containing Discrimination to Achieve Justice Kateyau, Abraham; Wahid, Eriyantouw; Pandam, Endang
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 1 (2026): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i1.2067

Abstract

Crimes within social media networks are highly susceptible to occur due to anonymity and ease of electronic communication. However, law enforcement against perpetrators of false news and discriminatory defamation in Indonesia faces significant legal uncertainty due to multiple interpretations of key provisions in the Electronic Information and Transactions (ITE) Law. This research addresses regulations on designating suspects who spread false news on social media, and the reconstruction of criminal liability for spreading hoaxes and discriminatory defamation through social media in Indonesia. Using a normative juridical method with comparative legal analysis which examining Indonesia’s ITE Law alongside Malaysia’s Communications and Multimedia Act 1998 and Singapore’s Protection from Harassment Act, the results indicate that reconstructing legal responsibility is necessary when false, discriminatory content, including SARA-based speech, spreads. This should be achieved through measured sanctions providing a deterrent effect to maintain societal order. Without this, law enforcement against such acts is undermined. However, implementing the ITE Law faces challenges, including multiple interpretations, human rights concerns, and digital evidentiary constraints. Therefore, it is recommended to revise legal norms for clarity and promote digital literacy education so the public can identify accurate information. Fair, proportional law enforcement is crucial to balance freedom of expression with protection from discrimination.
Co-Authors Aprivella, Erika Aurellia Amanda Sherly Bonifansius Sulimas Dhea Andini Eltinus Omaleng Endyk M. Asror, Endyk Febriolla fransiska sepuwarini Gunawan Djajaputra Gunawan Djajaputra Gusti Muhammad Reza Meldianta Rahman Hanafi Hanafi I Komang Suka’arsana Indra Miza Kanisius Jehabut Kateyau, Abraham Methodius Kossay Nurul Fadilah Pandam, Endang Rosdiana Saleh, Rosdiana Setiyono Setiyono Silean, Yosua Trubus Rahardiansah Vientje Ratna Multiwijaya