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TINJAUAN YURIDIS TERHADAP PERLINDUNGAN HUKUM BAGI PENGGUNA JASA PINJAMAN ONLINE ILEGAL DI INDONESIA Eko Pratama Sinaga; Abdurrakhman Alhakim
UNES Law Review Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.235

Looking at the development of technology that is so fast and also used in all fields to provide convenience. This also includes electronic transactions on online loan applications (pinjol), given the current economic conditions that are not in a good condition due to Covid-19, many people choose loan applications to meet their needs without seeing the overall consequences of their actions. The case of a pinjol application that attacks the personal data of its users is of course a prohibited act because it is related to someone's personal data. This study aims to find out how the legal protection for illegal loan service users in Indonesia is and what are the obstacles to law enforcement in dealing with loan lending cases in Indonesia. This research uses normative legal research methods. And it is known that in Indonesia, about criminal law policies that can be used to punish debtors for their actions, they can use UUPK because of the position of borrowing users as consumers and use the ITE Law because transactions are carried out using electronic media. The obstacles that occur are the lack of experts in the field of electronics in law enforcement and also the ITE Law is not strong enough to ensnare borrowers.

THE IDEAS OF RECHTERLIJK PARDON AS A RESTORATIVE JUSTICE APPROACH: FROM VENGEANCE TO RECOVERY? Abdurrakhman Alhakim
Ganesha Law Review Vol 5 No 1 (2023): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

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After the rebirth of the discourse on ratifying the Draft Criminal Code (RKUHP) on September 24, 2019, which will be confirmed in the plenary session of the House of Representatives of the Republic of Indonesia (DPR RI), however, the emergence of this information to the surface related to the ratification of the RKUHP gave a negative response by the community, especially for activists and students. It is because some of the contents of the RKUHP are considered controversial and have multiple interpretations, which are feared to create legal uncertainty in Indonesia. Sentencing through imprisonment for anyone who violates has implications and a domino effect (domino effect) related to the phenomenon of over-capacity in Correctional Institutions. One solution to overcome this is to apply rechterlijk pardon through a restorative justice approach. This research is descriptive with the type of juridical-normative research. The type of approach used is the statutory approach and the conceptual approach. The results can provide the reform of the criminal law system, which initially focused on retributive to focus on the goal of restitution. Therefore, there is an urgency to ratify the RKUHP, which has the idea of rechterlijk pardon to change the paradigm from retaliation to recovery, as a manifestation of the restorative justice approach in Indonesia.

Perlindungan Hukum Terhadap Whistleblower Dalam Tindak Pidana Narkotika Silvia Hainia; Abdurrakhman alhakim
Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v8i1.1258

The spread of drugs and illegal drugs in Indonesia is of great concern and concern to the public, and the media is almost full of drug trafficking and arrests for other criminal activities. In performing duties as police law enforcement officers, they need the Code of Ethics as long as it guides in daily practice. Regulations related to the Police Code of Ethics can be found in the Law on the Indonesian National Police Number 2 of 2002, Regulation of the Chief of the National Police Number 8 of 2006, and Number 7 of 2006. The goal of Indonesia's national development is to create a truly just, peaceful, safe, and secure society. and prosper based on Pankashira and the 1945 Constitution of the Republic of Indonesia. 2009 35 concerning Narcotics. The method used in this research is the normative legal method or literature based on the laws and regulations related to the Narcotics Law Number 35 of 2009. The approaches that are highlighted are valid literature studies and textual approaches derived from case studies and written literature, namely a study that distinguishes between what is contained in the text or literature with what is contained therein. To ensure the safety of the reporter, law must regulate the safety of the reporter.

Tinjauan Kriminologi Terhadap Tindak Pidana Kasus Judi Gelper di Kota Batam Jovan Pratama; Abdurrakhman Alhakim
KRTHA BHAYANGKARA Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v16i2.1218

Technological developments also have an impact on gambling crimes, one of which is gelper gambling or an electronic game arena located in Batam City. Although many gelper places have been closed by the police, until now there are still some points. The purpose of this study was to examine the regional regulation no. 3 of 2003 regarding the tourism sector of Batam City, Law Number 7 of 1974 regarding guidelines for controlling gambling, and Article 303 of the Criminal Code relating to the criminal act of gambling gelper in Batam City and examines the influencing factors, the impact caused through qualitative analysis description, in order to obtain accurate information in accordance with the gelper gambling phenomenon that occurs in society in Batam City and the laws that apply to players and owners of gelper gambling in Batam City. The method used in this research is the method of normative law (legal research) or doctrinal legal research, namely document studies by researching and reviewing various sources of legal material that have been conceptualized in the form of written regulations such as: court decisions or decisions, legal theories, Perpu, principles and principles of law, and opinions of experts. The results of this study conclude that there are still some unscrupulous managers or entrepreneurs who build gelper tourist attractions near settlements and use them as gambling facilities. This clearly violates the provisions of Regional Regulation No. 3 of 2003 concerning Tourism in Batam City in Article 43 paragraph 1, the editorial of which is not specifically explained regarding the sanctions of the manager and the sanctions of the perpetrators who actively participate in the gambling violation, which makes the Regional Regulation unable to provide legal certainty.

Analisis Terhadap Perilaku Kenakalan Remaja ditinjau dari Teori Kontrol Sosial Travis Hirschi Mely, Mely Sisca; Abdurrakhman Alhakim
Jurnal Panorama Hukum Vol 7 No 1 (2022): Juni
Publisher : Fakultas Hukum Universitas PGRI Kanjuruhan Malang

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Juvenile delinquency is a collection of various juvenile behavior that is unacceptable in society which is usually a criminal act. There are 2 forms of juvenile delinquency, namely delinquency committed at school and outside school, juvenile delinquency in school in the form of skipping school, crossing walls, brawls, etc., while juvenile delinquency outside school is usually in the form of smoking, free sex, illegal racing, drunkenness, taking drugs, stealing, killing, and other harmful behavior. To find out how to analyze juvenile delinquency in terms of Travis Hirschi's social control theory and what are the criminal sanctions against juvenile delinquency in Batam City. The method used in the following article is a juridical-empirical approach which uses data collection techniques with google form which has a total of 180 respondents from Batam City. The results of this study prove that the role of affection from parents is very important.

CRIMINAL LAW POLICY IN THE JUVENILE CRIMINAL JUSTICE SYSTEM FOR RECIDIVIST OFFENDERS IN INDONESIA Aisyah, Wan Mutiara; Abdurrakhman Alhakim; Emiliya Febriyani
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.37793

Indonesia is a nation that regards human rights as a core principle. Ensuring the protection of human rights is a crucial responsibility of the Indonesian government, including extending this protection to juvenile offenders. Despite having a structured legal framework within the juvenile justice system, issues persist, particularly concerning juvenile recidivism in Batam City. Although Batam has been recognized as a Child-Friendly City, the problem of juvenile recidivism remains unresolved. This study aims to evaluate the fulfillment of criminal law policies for juvenile recidivists and the challenges they face within the legal system. The method employed is empirical legal research analyzing juvenile recidivism data from the Batam District Court for 2021–2023. The legal theories used to analyze this study include Lawrence M. Friedman’s Legal System Theory and the Dignified Justice Theory. The findings indicate that current criminal law policies regarding juvenile recidivism in Batam City are not fully effective, with challenges arising from legal loopholes and limitations in diversion programs for repeat offenders. Keywords: Juvenile criminal justice, Recidivism, Legal Policy

THE IDEAS OF RECHTERLIJK PARDON AS A RESTORATIVE JUSTICE APPROACH: FROM VENGEANCE TO RECOVERY? Abdurrakhman Alhakim
Ganesha Law Review Vol. 5 No. 1 (2023): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v5i1.1769

After the rebirth of the discourse on ratifying the Draft Criminal Code (RKUHP) on September 24, 2019, which will be confirmed in the plenary session of the House of Representatives of the Republic of Indonesia (DPR RI), however, the emergence of this information to the surface related to the ratification of the RKUHP gave a negative response by the community, especially for activists and students. It is because some of the contents of the RKUHP are considered controversial and have multiple interpretations, which are feared to create legal uncertainty in Indonesia. Sentencing through imprisonment for anyone who violates has implications and a domino effect (domino effect) related to the phenomenon of over-capacity in Correctional Institutions. One solution to overcome this is to apply rechterlijk pardon through a restorative justice approach. This research is descriptive with the type of juridical-normative research. The type of approach used is the statutory approach and the conceptual approach. The results can provide the reform of the criminal law system, which initially focused on retributive to focus on the goal of restitution. Therefore, there is an urgency to ratify the RKUHP, which has the idea of rechterlijk pardon to change the paradigm from retaliation to recovery, as a manifestation of the restorative justice approach in Indonesia.

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