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All Journal INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Jurnal Penelitian Hukum De Jure Yustisia Merdeka : Jurnal Ilmiah Hukum Indonesian State Law Review (ISLRev) Corruptio AML/CFT Journal The Journal of Anti Money Laundering and Countering the Financing of Terrorism
Joshua Evandeo Irawan
Universitas Pelita Harapan Kampus Surabaya
Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PENYELESAIAN PERKARA KECELAKAAN LALU LINTAS DENGAN PELAKU DIBAWAH UMUR Irawan, Joshua Evandeo; Mandiana, Sari; Widjiastuti, Agustin
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 6, No 1 (2020): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v6i1.45

Abstract

Traffic accident often happens and involved underage child as driver of the vehicle and might lead to fatal consequences, such as the death casualities. In Indonesia, it is stipulated in Act No. 22 Year 2009 concerning Traffic and Road Transportation. The result shows that M’s illegal underage driving caused the death of K. Thus, M and his family are obliged to give compensation to the K’s family as stipulated in of Act No. 22 Year 2009 throughout Juvenile Justice System as the case procedur using Diversion case is stipulated in Act No. 11 Year 2012 regarding Juvenile Justice System
PERLINDUNGAN HUKUM TERHADAP ANAK YANG BEKERJA DALAM USAHA KULINER MENURUT UNDANG – UNDANG KETENAGAKERJAAN JUNCTO UNDANG – UNDANG PERLINDUNGAN ANAK Irawan, Joshua Evandeo
Indonesian State Law Review (ISLRev) Vol 4 No 1 (2021): Indonesian State Law Review
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

This research paper discusses the Child labor protection law, specifically in culinary business. The Author raises a phenomenon regarding a Child with initials JS who built Tang Kitchen culinary business along with his brother in Surabaya. Research method used is a Normative Juridical method, that processes legal material collected through literature review. This study aims to discover applicable law (legal protection) towards Children working in culinary business, particularly based on Act No. 13 year 2003 concerning Employment, Art No. 23 year 2002 concerning Children Protection and Art No. 35 year 2014 regarding Amendment of Art No. 23 year 2002 concerning Children Protection (Art No. 35 year 2014). The research result shows that JS and his Brother who are still classified as Children, have received a protection from Indonesian applicable law protection based on Article 69 and 71 of Act No. 13 year 2003 regarding Employment. Moreover, JS’ job in Tang Kitchen culinary is not considered as a job that endangers Children as regulated under KEPMENAKERTRANS 235/2003, and has complied with JS’ talents and interests as regulated under KEPMENAKERTRANS 115/2004.
Juridical Analysis About Cyberbullying Cases by Child Perpetrators Against Child Victims Joshua Evandeo Irawan; Andrian Nathaniel; Steven Jonathan
Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (551.603 KB) | DOI: 10.30641/dejure.2022.V22.17-32

Abstract

This study discusses the legal protection of a child victim of cyberbullying and a child perpetrator. This research raised a case where a child with the initial “Z” who became a victim of cyberbullying from her schoolmate with the initial “S”. The research method used is the normative-juridical method: processing legal materials collected through a literature review.This study aims to determine the applicable law (legal protection) against the child victims of cyberbullying, based on Law No.35 of 2014 in conjunction with Law No.11 of 2008. In terms of the child perpetrator of cyberbullying, the criminal justice system of the children must be based on Law No. 11 of 2012.The result shows that “Z”, the child victim of Cyberbullying, has received positive legal protection in Indonesia based on Article 76C of Law 35/2014, and Article 27 paragraph (4) juncto Article 28 paragraph (2) of Law 11/2012. Child “S” who terrorizes Child “Z” via WhatsApp may be subject to criminal sanctions in accordance to Article 80 paragraph (1) of Law 35/2014 juncto Article 45 paragraph (1) and (2) of Law 11/2008 junctis Article 81 of Law 11/2012. This case criminal sanctions can be imposed on Child “S” with Law 11/2012.
PENYELESAIAN PERKARA KECELAKAAN LALU LINTAS DENGAN PELAKU DIBAWAH UMUR Joshua Evandeo Irawan; Sari Mandiana; Agustin Widjiastuti
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 6 No. 1 (2020): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v6i1.45

Abstract

Traffic accident often happens and involved underage child as driver of the vehicle and might lead to fatal consequences, such as the death casualities. In Indonesia, it is stipulated in Act No. 22 Year 2009 concerning Traffic and Road Transportation. The result shows that M’s illegal underage driving caused the death of K. Thus, M and his family are obliged to give compensation to the K’s family as stipulated in of Act No. 22 Year 2009 throughout Juvenile Justice System as the case procedur using Diversion case is stipulated in Act No. 11 Year 2012 regarding Juvenile Justice System
Asset Return in Money Laundering Boong, Vicariya Retnowati; Irawan, Joshua Evandeo; Ibrahim, Christian; Jonathan, Steven
Corruptio Vol 4 No 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i2.3237

Abstract

Money Laundering Crime as a further criminal act has placed and involved two main perpetrators, namely active actors as parties trying to hide or disguise the origin of assets that are the result of criminal acts in various ways, and passive actors as parties who receive Money Laundering Crime assets. The return of Money Laundering Crime assets is not only through coercive measures, but also requires a voluntary return by the receiving party. In practice, voluntary returns create uncertainty when the receiving party (passive actor) from the beginning does not know the origin of the assets received. Through various money laundering cases in Indonesia in June-July 2022, the Authors are very interested in analyzing the extent of obligations related to the return of Money Laundering Crime assets. This research uses normative juridical methodology with Law approach and concept approach. The purpose of this study is to determine the obligations that must be carried out by passive trafficking actors based on Law No. 8 of 2010.
Urgensi Menjadikan Hasil Analisis (HA)/Hasil Pemeriksaan (HP) PPATK Sebagai Alat Bukti dalam Perkara TPPU dan TPPT di Indonesia Sugianto, Fajar; Irawan, Joshua Evandeo
AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 2 (2024): Produk Intelijen Keuangan Menjawab Tantangan Pengungkapan Pidana Pencucian Uang
Publisher : Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59593/amlcft.2024.v2i2.153

Abstract

The Indonesian Financial Transaction Reports and Analysis Centre (Indonesian: Pusat Pelaporan dan Analisis Transaksi Keuangan, or PPATK) has made several efforts to prevent and combat money laundering and terrorism financing. The main outputs of PPATK are financial intelligence reports known as Analysis Results and Examination Results. To date, these financial intelligence reports cannot be categorized as evidence that can be used by law enforcement officers in investigations or prosecutions. This study uses the Normative Juridical Dogmatic research method, aiming to provide legal arguments regarding the importance of the status of PPATK's financial intelligence reports in investigations/prosecutions as evidence. The novelty of this research lies in how the author attempts to prove that financial intelligence reports can be used as evidence in criminal cases, whereas previous studies have only stated that financial intelligence reports cannot be used as evidence in criminal cases. The findings of this study indicate that PPATK's financial intelligence reports should be admissible as evidence in handling criminal cases, but this is currently hindered by the existing laws on money laundering and terrorism financing. These regulations need to be revised promptly to strengthen the role of PPATK, particularly in the status of financial intelligence reports in supporting criminal cases.
The Enforcement of Defamation Law Regarding the Creation of a “Meme” Sticker on WhatsApp Irawan, Joshua Evandeo; Valencia, Claresta Devina
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.50317

Abstract

Creating meme stickers on WhatsApp using photos of others has become a common trend. However, often the individuals depicted in these memes feel offended and argue that such actions defame their reputation. The article on defamation is regulated in Article 27 A paragraph (1) of Law 1/2024 (amendment to Article 27 of Law 11/2008). This research employs normative juridical research methods and finds that the act of creating meme stickers on WhatsApp does not constitute the offense of defamation under Article 27 A paragraph (1) of Law 1/2024 as it does not meet the elements of accusation. However, creating Meme Stickers using other people's faces fulfills the criteria outlined in Article 32 paragraph (1) of Law 11/2008, which is the Prohibition of Changing other people's entities without permission. This research will also examine the role of the National Criminal Code which serves as the Ius Constituendum of Criminal Law. Under the National Criminal Code, meme sticker makers on WhatsApp could be subject to the provisions of the Article of Light Insult, specifically in Articles 436, 441 and 440.
Urgensi Menjadikan Hasil Analisis (HA)/Hasil Pemeriksaan (HP) PPATK Sebagai Alat Bukti dalam Perkara TPPU dan TPPT di Indonesia Sugianto, Fajar; Irawan, Joshua Evandeo
AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 2 (2024): Produk Intelijen Keuangan Menjawab Tantangan Pengungkapan Pidana Pencucian Uang
Publisher : Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59593/amlcft.2024.v2i2.153

Abstract

The Indonesian Financial Transaction Reports and Analysis Centre (Indonesian: Pusat Pelaporan dan Analisis Transaksi Keuangan, or PPATK) has made several efforts to prevent and combat money laundering and terrorism financing. The main outputs of PPATK are financial intelligence reports known as Analysis Results and Examination Results. To date, these financial intelligence reports cannot be categorized as evidence that can be used by law enforcement officers in investigations or prosecutions. This study uses the Normative Juridical Dogmatic research method, aiming to provide legal arguments regarding the importance of the status of PPATK's financial intelligence reports in investigations/prosecutions as evidence. The novelty of this research lies in how the author attempts to prove that financial intelligence reports can be used as evidence in criminal cases, whereas previous studies have only stated that financial intelligence reports cannot be used as evidence in criminal cases. The findings of this study indicate that PPATK's financial intelligence reports should be admissible as evidence in handling criminal cases, but this is currently hindered by the existing laws on money laundering and terrorism financing. These regulations need to be revised promptly to strengthen the role of PPATK, particularly in the status of financial intelligence reports in supporting criminal cases.
Co-Authors Agustin Widjiastuti Andrian Nathaniel Boong, Vicariya Retnowati Fajar Sugianto Ibrahim, Christian Jonathan, Steven Sari Mandiana Steven Jonathan Valencia, Claresta Devina