Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Awang Long Law Review

COMPARISON OF ARRANGEMENTS FOR THE CRIME OF CATTLE THEFT ACCORDING TO THE CRIMINAL CODE AND THE DRAFT CRIMINAL CODE MUH. HASRUL; HAERANAH; SYARIF SADDAM RIVANIE PARAWANSA; AUDYNA MAYASARI MUIN
Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (243.589 KB) | DOI: 10.56301/awl.v4i1.248

Abstract

The crime of cattle theft is regulated in Article 363 paragraph (1) number 1 of the Criminal Code, where the qualification of this crime is categorized as a crime against property. The cattle theft is included in the theft by weight or qualified theft. Based on the formulation of the elements regulated in Article 363, cattle theft is qualified as a formal offense. Meanwhile in the Draft Criminal Code, the cattle theft is still regulated in Article 483 paragraph (1) point c. However, in contrast to the formulation in the Criminal Code, the cattle theft has expanded not only regulated cattle but also goods that are a source of livelihood or a person's main source of livelihood.
REVIEW OF CRIMINAL PROVISIONS OF FAKE NEWS (HOAX) BASED ON LEGISLATION IN INDONESIA Haeranah; Muhadar; Hijrah Adhyanti Mirzana; Nur Azisa; Andi Muhammad Lutfi Nurdin
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (276.33 KB) | DOI: 10.56301/awl.v5i1.538

Abstract

The crime of fake news (hoax) is qualified as a material crime, namely a crime that must result in losses in the form of losses to consumers. Consumers are defined as users of manufactured goods (clothing, food, etc.), recipients of advertising messages, and service users (customers and so on). So that Article 28 paragraph (1) jo. Article 45A paragraph (1) of the ITE Law does not cover the general public. The definition of a consumer must be based on Law Number 8 Year 1999 concerning Consumer Protection. In addition, Article 28 paragraph (1) of the ITE Law is not a criminal offense against the act of spreading false news (hoax) in general, but the act of spreading false news in the context of electronic transactions such as online trading transactions. So, it can be concluded that the hoaxes regulated in Article 28 paragraph (1) jo. Article 45A paragraph (1) of the ITE Law is a material offense and its validity is limited to electronic transactions between consumers and producers, such as the sale of certain goods and/or services. So that the article cannot be applied to the general public.