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Tinjauan Yuridis Terhadap Tindak Pidana Pengancaman dalam Undang-Undang Informasi dan Transaksi Elektronik: Studi Kasus Pengadilan Negeri Koto Baru Sry Wahyuni; Elwidarifa Marwenny
UIR Law Review Vol. 4 No. 2 (2020): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2020.vol4(2).6468

The subject matter of this research is the Juridical Review of the Crime of Threats in the Information and Electronic Transactions Law (Case Study of the Koto Baru District Court). This issue is divided into two sub-discussions, first, how is the application of material crimes against criminal acts of threats in the Law on Information and Electronic Transactions, second, how are judges' legal considerations in imposing crimes against threats of threats in the Law on Electronic Information and transactions. The method used in this research is to use a normative juridical problem approach. about the problem that is the object of the problem.The results showed that efforts to apply sanctions were made to overcome the perpetrators of extortion and threats, namely: firmly enforcing the existing positive laws. For subjective positive law enforcement, it may be necessary to have instruments or law enforcers who have the instinct of justice, namely "Judges" who decide all existing cases. The research implication is: it is hoped that the inculcation of social values and norms in society in using social media and in UUITE is not trapped in behavior that plunges them into criminal acts / crimes, it is also hoped that the Panel of Judges in deciding cases must consider more The facts of the trial, the elements of the offense, and the consideration of the severity of the crime with reference to the defendant's situation and the victim's loss.

PENGARUH KEPERCAYAAN KONSUMEN TERHADAP DEVELOPER DALAM PELAKSANAAN PERJANJIAN PENGADAAN PERUMAHAN Helfira Citra; Sry Wahyuni; Yulia Risa
Ensiklopedia Social Review Vol 2, No 2 (2020): Volume 2 No 2 Juni 2020
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v2i2.486

Consumers often become parties who are positioned as the less powerful, where legal protection for them is so weak and not guaranteed as expected. Indonesia is a developing country that continues to carry out development in all fields, both in the material and spiritual fields, where the development is aimed at realizing the goal of building a just and prosperous society, one of the developments in the material field is to include facilities and infrastructure such as luxury housing developments, medium, even to housing for people (subsidized). Housing or settlements can create a conducive business climate to be able to open a comfortable settlement. The business offer of a house by the developer is sometimes so diverse that the understanding it conveys is not appropriate or not understood (missunderstanding information), meanwhile the prospective buyer sometimes has agreed to even sign his agreement on the binding purchase agreement (PPJB) with the developer so that it has sometimes even arrived at contract stage at a banking institution. This fact further strengthens the high need for housing, even though the realization of the desire to own a residence does not mean that it will always run smoothly.

PELAKSANAAN DIVERSI DALAM PENYELESAIAN PERKARA ANAK YANG BERHADAPAN DENGAN HUKUM DI POLRES SIJUNJUNG Sry Wahyuni; Helfira Citra
JCH (Jurnal Cendekia Hukum) Vol 4, No 1 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

This Research discuss diversion implementation by the police station of Sijunjung as the alternatif resolving criminal case children in conflict with law. As for that to be special purpose from this research : the first, describe the diversion implementattion as the alternatif resolving criminal case children in conflict with law; the second, Describe the from of diversion as mediation penal that implementation in Sijunjung Police station; the third Conclude any obstacles faced in diversion implementation as the alternatif resolving criminal case children in conflict with law of Sijunjung Police station. The result of this research is implementation of diversion can be more optimal. In case to solve the problem of children especially child crime for guarantee legal certanty for children in conflict with law. This process usually settle out of court, that is through diversion based on approach restorative justice in the Sijunjung region. Therefore, not many children are required carry out criminal liability that should in the age of children get contruction according to their age.

Penerapan Sanksi Terhadap Tindak Pidana Penghinaan Dalam Undang-Undang Informasi Dan Transaksi Elektronik Sry Wahyuni; Helfira Citra; Elwidarifa Marwenni
Jurnal Penelitian Dan Pengkajian Ilmiah Sosial Budaya Vol 1 No 1 (2022): Jurnal Penelitian Dan Pengkajian Ilmiah Sosial Budaya - JPPISB
Publisher : LPPM Universitas Dharma Andalas

The main problem of this research is the Application of Sanctions Against Criminal Acts of Humiliation in the Information and Electronic Transaction Law. This problem is divided into two sub-discussions, namely, first, how is the application of sanctions against criminal acts of humiliation in the Information and Electronic Transaction Law, second, what is the form of sanctions imposed on perpetrators of criminal acts of humiliation according to the ITE Law. normative juridical problems, namely conceptualizing law as norms, rules, principles, using a statutory approach that is described descriptively based on problems with various legal rules and literature, as well as seeking a legal opinion on the problem that is the object of the problem.

Perlindungan Konsumen E-Commerce Dalam Kerangka Masyarakat Ekonomi Asean (MEA) Desi Sommaliagustina; Helfira Citra; Sry Wahyuni
Jurnal Penelitian Dan Pengkajian Ilmiah Sosial Budaya Vol 1 No 1 (2022): Jurnal Penelitian Dan Pengkajian Ilmiah Sosial Budaya - JPPISB
Publisher : LPPM Universitas Dharma Andalas

The development of information technology with the transformation that occurs has resulted in the development of trading activities. It's not just about what is traded but also the method of trading. The trading method in question is a transaction through electronic media or what is known as electronic commerce or e-commerce. The development of e-commerce is in line with the growth of the internet. This is because e-commerce runs through the internet network. The presence of the ASEAN Economic Community (EAC) is an integration of countries in the Southeast Asian region in particular, which aims to reduce the gap between ASEAN countries in terms of economic growth. In addition to the positive impact of e-commerce trading, there are also problems, including those related to defaults that occur in the future. So that clear regulations are needed regarding dispute resolution between ASEAN member countries.

URGENSI DITERBITKANNYA INSTRUKSI MENTERI DALAM NEGERI DAN SEJUMLAH PERATURAN LAINNYA DI DAERAH TERKAIT DENGAN PEMBERLAKUAN PEMBATASAN KEGIATAN MASYARAKAT (PPKM) Elwidarifa Marwenny; Helfira Citra; Sry Wahyuni
Ensiklopedia of Journal Vol 4, No 4 (2022): Vol 4 No. 4 Edisi 2 Juli 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Regulation of Government No. 21 of 2020 confirms in the consideration that the Large-Scale Social Restriction (PSBB) policy is set taking into account the spread of Covid-19 with the number of cases and/or the number of deaths increasing and spreading across regions and across countries. After the policy related to PSBB, the government again issued a Ministerial Instruction concerning the Enforcement of Restrictions on Community Activities (PPKM) which was issued four times and not only that in a number of regions, PPKM policies were also implemented based on various regional policies in the form of circulars. Thus, the question arises: What is the urgency of the issuance of the Instruction of the Minister of Home Affairs and a number of other regulations related to the Enforcement of Restrictions on Community Activities (PPKM) and what are the legal implications of the issuance of the Instruction of the Minister of Home Affairs and a number of other regulations related to the Enforcement of Restrictions on Community Activities (PPKM). To answer this question, the author uses a normative juridical approach by reviewing a number of related regulations and a number of literatures so that it can be concluded that the instructions of the Minister of Home Affairs and a number of other regulations related to the Enforcement of Restrictions on Community Activities (PPKM) are fully arrenged under the authority of the government. The government can assess whether a policy regulation needs to be issued or not especially related to the condition of the country in a disaster situation and the issuance of instructions from the minister of home affairs and a number of other regulations related to the Implementation of Restrictions on Community Activities (PPKM) does not violate the provisions of any law as long as it is carried out not outside the authority of the governments which has the authority and the implication is only an appeal for the community to comply with its implementationKeywords: Instruction of Minister, PPKM, regulation

TINJAUAN HUKUM TENTANG PEMILIHAN UMUM PRESIDEN PASCA REFORMASI DIKAITKAN DENGAN TEORI DEMOKRASI Elwidarifa Marwenny; Sry Wahyuni; Helfira Citra
Ensiklopedia of Journal Vol 5, No 3 (2022): Volume 5 No. 1 Edisi 3 Desember 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

The form of the Indonesian Government is democracy. Therefore, the MPR which consists of the DPR and DPD as well as the President is elected through a general election. As stated by Juan Linz, G. Bingham Powell, Jr., and Robert Dahl. Almarhum Prof. Dr. Affan Gaffar, MA, one of the indicators of the implementation of a democratic state is the general election. Since the amendment to the Fundamental constituion 1945, Indonesia has held four presidential elections through direct democracy, notably in 2004, 2009, 2014, and the most recent presidential election in 2019, which was held simultaneously with the legislative elections. In the implementation of the presidential election, there are various problems that contribute to the perception that the general election is nothing more than ceremonial so the Indonesian election is not trusted by the public as a realization of democracy. According to this thing condition, we know that fraud appears to be unavoidable in the holding of the election in Indonesia, particularly the presidential election, which is conducted by the highest state organizer so that the writer wants to knowwhether the presidential election after the amendment has brought the spirit of democracy or not? and which presidential election is the most democratic after the amendment to the fundamental constitution 1945? To answer these questions, a qualitative method was used with a normative juridical approach, so that it can be concluded that normatively, the presidential election has carried democratic values and it is hard to judge the most democratic presidential election in Indonesia only by using the indicator of the law..Keywords: presidensial election, democracy, law

ANALISIS YURIDIS MENGENAI AKIBAT HUKUM TERHADAP PERUSAHAAN PAILIT YANG TIDAK MELAKUKAN JAMINAN BELI KEMBALI DALAM HUKUM BISNIS Helfira Citra; Elwidarifa Marwenny; Sry Wahyuni; Fatima Zahra Noer Hermansyah
Ensiklopedia Research and Community Service Review Vol 5, No 10 (2026): Vol. 5 No. 10 Juli 2026
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/err.v5i10.3914

This research aims to analyze the legal position of bankrupt companies that do not provide buy-back guarantees as preferred creditors and examine the legal consequences that arise in bankruptcy practice. The background of this research is that company bankruptcy causes fundamental changes to the legal position of companies and even workers/laborers, from subjects of employment relations to creditors in the bankruptcy process. In the Indonesian legal system, companies are recognized as preferred creditors who have priority rights to payment of wages and other normative rights because wages are alimentary and are the main source of livelihood for workers and their families. This research uses a descriptive qualitative method with a library research approach, namely by reviewing various classical and contemporary literature related to the concept of the Company in business law. Data sources were obtained from the Civil Code, laws (especially the Company Law (UU No. 1 of 1995) and the Bankruptcy Law), as well as scientific journals. The research results show that harmonization of regulations and strengthening of protection mechanisms is needed to ensure the fulfillment of the principles of legal certainty and social justice in business law. The conclusion of this research confirms that the application of legal certainty in company law is the key to achieving balance and success. Keywords: Company, Bancrupt and Buyback

Perbandingan Posisi Hukum Adat Dalam Sistematika Hukum Indonesia Dan Malaysia Engrina Fauzi; Sry Wahyuni
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 1 No. 4 (2025): Juli - September
Publisher : GLOBAL SCIENTS PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar

Sebagai negara serumpun, Indonesia dan Malaysia memiliki beberapa persamaan dalam hukum adat, terutama karena sejarah dan pengaruh budaya yang serupa di masa lalu. Kedua negara mengakui dan menerapkan hukum adat dalam berbagai aspek kehidupan, meskipun dengan variasi dan penyesuaian lokal.Hukum adat di Indonesia dan Malaysia memiliki sejarah dan perkembangan yang berbeda. Perbedaan sistem hukum ini berbeda atas faktor sejarah yaitu penguasaan atau penjajahan dari 2 buah kuasa besar barat. Malaysia dijajah oleh British dan Indonesia dijajah oleh Belanda. Kedua-dua buah negara ini mempunyai sistem hukum yang tersendiri Dalam masa pemerintahan nasional dewasa ini eksistensi dan kedudukan hukum adat justru menjadi persoalan Tulisan ini membahas bagaimana posisi hukum adat Indonesia dan Malaysia, apakah masih sama berlakunya ketika zaman penjajahan, di Indonesia Hukum Adat Sebagai The Living Law, Mazhab sejarah memandang bahwa hukum yang baik itu adalah hukum yang berasal dari jiwa bangsa/semangat rakyat (volkgeist). Hukum yang mengikuti volkgeist di dalam masyarakat Indonesia dikenal dengan istilah hukum adat. Namun, ajaran filsafat hukum dan positivism hukum barat terutama ajaran dari civil law (eropa continental) dan common law (anglo saxon) untuk dijadikan sarana adan alat pembangunan hukum Indonesia. Semestinya sistem kodifikasi tidak berarti memarginalkan atau mematikan atau tidak memberikan ruang lagi bagi hukum adat. Malaysia merupakan Negara bekas jajahan Inggris, Sebagai bekas jajahan Inggris, Malaysia tetap mempertahankan tradisi hukum kebiasaan Inggris ( Common Law Sistem ) Malaysia merupakan salah satu dari sekian banyak dari anggota negara-negara persemakmuran Inggris. Malaysia tidak menghilangkan Hukum Asli sudah ada jauh sebelum Hukum Inggris masuk ke dalam tatanan hukum negara Malaysia.

Penegakan Pidana Terhadap Pelaku Tindak Pidana Mucikari Melalui Media Online Di Wilayah Hukum Kepolisian Resor Kota Padang Gema Dwi Arnepri; Sry Wahyuni
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 1 No. 4 (2025): Juli - September
Publisher : GLOBAL SCIENTS PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar

Life in the current era of globalization is increasingly developing so that human life is made easier by rapid progress initheicurrent era of globalization, especially in the media, currently non-social media is not just television but there are many media that are increasingly developing day by day, especially in social media. As social media develops, the criminal crimes that occur today also increase, one of which is the crime of online prostitution, where prostitution is usually carried out online, but now prostitution can be carried out online, as is often heard now is that pimps carry out transactions through online media, apart from making it easier for the perpetrators of pimping, the media also makes it easier for the users of pimping services. The media that pimps usually carry out transactions through online media are WhatsApp, Twitter, Facebook, Instagram, Chat, and even via the web, Padang City is one of the cities where pimp prostitution cases have also been discovered through online media. The problem formulation in this research is 1). How is the enforcement of criminal law carried out by the Padang City Resort Police regarding criminal acts of pimping through online media in the jurisdiction of the Padang City ResortiPolice. 2). What are the obstacles experienced by the Padang City Police in carrying out criminal law against pimps via online media in the Padang City Resort Police Area? This research uses empirical juridical research, data is collected from interviews with the Padang City Police, the nature of the research is descriptive, and the data sources from this research are primary, secondary and tertiary legal materials. The results of the research are that the Police explain what punishments are, what forms of financial punishment are obstacles for the Police in enforcing the Criminal Law for perpetrators of the crime of pimping through online media.

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