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HIPOKRISI PARLEMEN DALAM FORMULASI TINDAK PIDANA POLITIK UANG PADA PEMILIHAN KEPALA DAERAH Fathurokhman, Ferry
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4408

This research reveals a hypothesis that there is vested interest on regulating law in the house of representative regarding Law No. 1/2015 article 73 in term of money politics which is conducted by regional head candidate and analyze legal efforts that can be done to cope such issue. Although the law has been revised for three times, lastly by Law No.6/2020, yet regulation record that the house of representative persists ‘to protect’ its interest on regional head election is traceable. This research shows an understanding to society and stakeholders especially in the field of general election regarding lawmaking which deviates from penal policy theory. This research focuses on how legislation design on formulating Article 73 of Law No.1/2015 so it becomes non-exectubale norm? Theory of Postmodern Criminology is utilized to divulge political agenda of Article 73 of Law No.1/2015. This research is a research regarding a norm which relies heavily on secondary data. The result of the research proves that there is a consistent effort from the parliament ‘to secure’ legislation process so article 73 cannot be implemented. Parliament intentionally and systematically has made article 73, particularly that related to money politic which may lead to disqualification, hard to be enforced.

Prostitusi Online di Banten: Kajian Kritis Kriminologi dan Hukum Pidana: Online Prostitution in Banten: Critical Studies on Criminology and Criminal Law Fathurokhman, Ferry; Fauzi, Ahmad
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.19136

This research is based on the hypothesis that online prostitution exists and is easily found in the Banten region. Two main issues are discussed in this study: first, what factors lead someone to become an online commercial sex worker in Banten? Second, how can criminal law address online commercial sex workers? This study combines empirical and normative research. Primary data collection was conducted through various dating applications. Primary data was obtained directly from online commercial sex workers spread across Banten through interviews conducted at restaurants, cafes, rented houses, and hotel lobbies. The research findings reveal that economic factors, divorce, religious understanding, and weak law enforcement contribute to the widespread occurrence of online sex worker transactions in Banten. Criminal law does not classify sex workers as offenders due to the role bias between perpetrator and victim. However, under Law Number 1 of 2023 concerning the Criminal Code and several other laws, sex workers can be subject to criminal legal norms, although some of these cases fall under the category of complaint-based offenses. The research concludes that online sex workers in Banten are very easy to find. The government has a role and responsibility in addressing the rise of online prostitution in Banten. All respondents who chose the path of online prostitution through dating applications are individuals who adapt through innovation—desiring success, money, and other benefits but using unlawful means. A specific legal norm is needed to regulate online sex workers without requiring interpretation.

PERLINDUNGAN HUKUM TERHADAP DOKTER DALAM HUBUNGAN TERAPEUTIK PELAYANAN KESEHATAN MELALUI MEDIA ELEKTRONIK TELEMEDISIN MENURUT UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN Adam, Farid Rianto Bani; Fathurokhman, Ferry; Fajar, M. Noor
Civilia: Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 3 No. 2 (2024): Civilia: Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan
Publisher : Civilia: Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan

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

Perkembangan digitalisasi teknologi bidang kesehatan bentuk pelayanan kesehatan secara online, dimana pasien tidak perlu bertatap muka langsung, jenis pelayanan baru pada bidang kesehatan ini disebut juga dengan telemedicine. Identifikasi masalah penelitian ini terdiri atas 2 masalah, pertama bagaimana perlindungan hukum terhadap dokter dalam hubungan teraupeutik pelayanan kesehatan melalui media elektronik telemedisin menurut Undang- Undang Nomor 17 Tahun 2023 Tentang Kesehatan, kedua bagaimana pertanggungjawaban Etik terhadap dokter dalam hubungan teraupeutik pelayanan kesehatan melalui media elektronik telemedisin jika terjadi kesalahan diagnosa. Metodologi yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan. Pertanggungjawaban etik dalam pelayanan telemedisin telah diatur dalam KODEKI dokter yang di duga melakukan kesalahan dalam pelayanan telemedisin dikarenakan oleh pemeriksaan yang tidak lengkap dan mengakibatkan kesalahan terhadap saran-saran dan pemberian obat termasuk dalam kategori resiko rendah yang meyebabkan cedera ringan dan dapat diatasi dengan pertolongan pertama, dan sanksinya diatur dalam Pasal 29 oleh MKEK dengan sanksi kategori 1 (satu). Kementrian Kesehatan Agar dilakukan sinkronisasi tentang peraturan perundang-undangan yang mengatur mengenai pelayanan kesehatan telemedisin di Indonesia, dimana peraturan yang ada hanya sebatas pada situasi pandemik COVID-19 dan perlu disesuaikan dengan perkembangan teknologi saat ini.

Criminal Responsibility of Child Perpetrators in Crimes of Violence Against Victims in the Form of Imposing Restitution Hakim, Fathurrohman; Fathurokhman, Ferry; Saputra, Dadang Herli
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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The absence of additional punishment in the form of restitution imposition on the defendant of the crime of sexual intercourse committed on a child and resulting in pregnancy in the Serang District Court Decision Number: 621/PID.SUS/2019/PN.Srg, certainly creates injustice and will have a direct impact on the child conceived by the victim, because the criminal liability of the defendant O.M.A.J. is no different from the criminal liability of the perpetrator whose actions do not result in pregnancy in the victim's child. The problems in this study are how the imposition of restitution as the responsibility of the perpetrator of sexual intercourse with a child that results in pregnancy, and how criminal law policy regulates the responsibility of the perpetrator of sexual intercourse with a child that results in pregnancy. The method used is normative juridical, using secondary data sources. Data collection techniques by means of documentation studies, and all data collected are analyzed qualitatively. The results of the research show: 1) The imposition of restitution as the responsibility of the perpetrator of sexual intercourse with a child resulting in pregnancy has not been fulfilled in Serang District Court Decision Number: 621/PID.SUS/2019/PN.Srg, where the defendant was sentenced to 10 years imprisonment and a fine of Rp60,000,000, without any additional punishment in the form of imposition of restitution or compensation to the child victim. This is contrary to Article 7 of the Law on Witness and Victim Protection, as well as Article 4 of Supreme Court Regulation Number 1 Year 2022, which states that victims are entitled to restitution; 2) Criminal law policy in regulating the responsibility of perpetrators of sexual intercourse with children resulting in pregnancy has not fulfilled the principle of justice for victims, because the verdict imposed on the defendant in Decision Number: 621/Pid.Sus/2019/PN.Srg did not consider the consequences caused by the defendant's actions which resulted in pregnancy for the victim's child.

HIPOKRISI PARLEMEN DALAM FORMULASI TINDAK PIDANA POLITIK UANG PADA PEMILIHAN KEPALA DAERAH Fathurokhman, Ferry
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4408

This research reveals a hypothesis that there is vested interest on regulating law in the house of representative regarding Law No. 1/2015 article 73 in term of money politics which is conducted by regional head candidate and analyze legal efforts that can be done to cope such issue. Although the law has been revised for three times, lastly by Law No.6/2020, yet regulation record that the house of representative persists ‘to protect’ its interest on regional head election is traceable. This research shows an understanding to society and stakeholders especially in the field of general election regarding lawmaking which deviates from penal policy theory. This research focuses on how legislation design on formulating Article 73 of Law No.1/2015 so it becomes non-exectubale norm? Theory of Postmodern Criminology is utilized to divulge political agenda of Article 73 of Law No.1/2015. This research is a research regarding a norm which relies heavily on secondary data. The result of the research proves that there is a consistent effort from the parliament ‘to secure’ legislation process so article 73 cannot be implemented. Parliament intentionally and systematically has made article 73, particularly that related to money politic which may lead to disqualification, hard to be enforced.

THE CONCEPT OF GUIDANCE FOR CHILDREN IN CONFLICT WITH THE LAW WHO HAVE SERVED CRIMINAL SENTENCES IN SPECIAL CHILD GUIDANCE INSTITUTIONS (LPKA) Fitriah, Fitriah; Fathurokhman, Ferry; Fajar Al Arif, Mohamad Noor
Dharmawangsa: International Journal of the Social Sciences, Education and Humanitis Vol 6, No 3 (2025): Social Sciences, Education and Humanities
Publisher : Universitas Dharmawangsa Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/ijsseh.v6i3.7271

The limited number of experts and professionals in the LPKA environment to provide guidance to ABH so that they are replaced by LPKA officers to carry out ABH guidance causes not optimal educational development, personality development, and independence development for ABH, and results in the repetition of criminal acts by ABH who have just been released from LPKA. The problem discussed is how the concept of the Child Special Development Institution (LPKA) is associated with the future of Children in Conflict with the Law (ABH), and how the implementation of guidance for Children in Conflict with the Law (ABH) which has served a sentence at the Child Special Development Institution (LPKA). This type of research is normative legal research. Conclusion: ((1) The concept of LPKA is associated with the future of ABH, until now it has not been able to fully carry out its ideal function as a rehabilitative and educative institution. This is due to various fundamental limitations, including the lack of involvement of professional experts in the fields of psychology, education and social affairs, as well as a coaching approach that is still monotonous and administrative in nature; (2) The implementation of coaching for children in conflict with the law (ABH) who have received punishment in the Special Development Institution for Children (LPKA) has so far been ineffective, this is due to failures that stem from various fundamental problems, especially the lack of involvement of professional experts in the coaching process. Suggestions: (1) The Ministry of Immigration and Corrections is expected to implement a strategic policy by placing professionals equally experts in all LPKA in Indonesia. The existence of child psychologists, social counselors, special teachers, and skills trainers is a crucial element in forming a comprehensive coaching system that is responsive to the needs of growth and development and psychological recovery of ABH; (2) The Ministry of Immigration and Corrections in charge of the Child Special Development Institution (LPKA) is expected to reformulate the coaching policy for ABH in a more progressive, comprehensive, and oriented towards the recovery of children as whole individuals. The coaching policy needs to integrate character education approaches, psychosocial interventions, counseling, mental recovery, and skills training based on disciplinary and humanitarian values.

PERTANGGUNGJAWABAN PIDANA TERHADAP PROMOSI JUDI ONLINE YANG DILAKUKAN OLEH ARTIS BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2024 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Fedriansyah, Alvin; Fathurokhman, Ferry; Rofiana, Reine
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 10, No 2 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v10i2.9184

The development of information technology has encouraged the emergence of a new phenomenon in the world of gambling, namely online gambling, which is now promoted massively through social media, including by artists or public figures. The practice of promoting online gambling by artists not only causes social unrest but also becomes a challenge in law enforcement in Indonesia. The case of Wulan Guritno and several other artists who are suspected of promoting online gambling sites is a real example of the weak law enforcement against such violations. This study identifies two main problems, namely what form of criminal responsibility is given to online gambling promotions carried out by artists, and what efforts are made by law enforcement officers to deal with the phenomenon of online gambling promotions on Instagram. This study uses the theory of criminal responsibility and the theory of overcoming criminal acts as the basis for analysis. The method used in this study is the normative legal method combined with field research through interviews with law enforcement officers. Data was obtained from primary, secondary, and tertiary legal materials and supported by literature studies and interviews with the parties concerned. The results of this study are that artists who promote online gambling can be held criminally responsible because they have fulfilled the criminal elements in Article 27 paragraph (2) in conjunction with. Article 45 paragraph (3) of Law Number 1 of 2024 concerning Electronic Information and Transactions. However, law enforcement is still not optimal. Therefore, strict sanctions are needed as well as strengthening of regulations and digital education to suppress the promotion of online gambling, especially through social media. And regarding, efforts to overcome this by law enforcement officers have taken several steps, including digital monitoring, legal action against perpetrators of promotion, and outreach to the public. However, prevention still faces various obstacles such as limited resources, many anonymous accounts. Therefore, strict sanctions are needed as well as strengthening of regulations and digital education to suppress the promotion of online gambling, especially through social media.

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