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Criminal Law Policy in Tackling Online Gambling Cahya Handy Saputra; Muchamad Iksan
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The transformation of gambling from in-person to online has made it difficult to eradicate completely through existing laws and regulations. This research aims to understand the concept of countermeasures in online gambling crimes within the context of Indonesian criminal law. This research is a normative legal research (juridical normative) that uses secondary data, namely Primary Legal Materials, Secondary Legal Materials. Law enforcement against online gambling crimes in Indonesia involves various integrated legal efforts, both preventively and repressively. Preventive efforts are carried out through prevention policies that focus on improving welfare, legal education, and increasing supervision. Meanwhile, repressive efforts focus on strict actions against the perpetrators, such as blocking online gambling sites, closing the accounts involved, and enforcing criminal sanctions based on various legal regulations, including the Criminal Code, the Electronic Information and Transaction Law, and the Gambling Control Law. there are technical and geographical challenges in law enforcement related to online gambling, synergy between law enforcement officials, internet service providers, and international institutions is needed to increase the effectiveness of handling online gambling cases.
Law Enforcement of The Criminal Offence of Cap Djie Kie Gambling in Sragen Regency Taufik Hidayat; Muchamad Iksan
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Law enforcement against cap djie kie gambling in Sragen Regency aims to minimize the negative impacts of this illegal activity. This study aims to discuss: 1). Law enforcement against cap djie kie gambling crimes in Sragen Regency, 2). Factors that hinder law enforcement against cap djie kie gambling crimes in Sragen Regency, 3). Sslam's perspective on cap djie kie gambling. This research method uses an empirical juridical legal approach that analyzes regulations and their implementation in the field. This type of research uses descriptive research. The data in this study use primary data and secondary data. The results of the study discuss: 1) revealing that law enforcement is based on Article 303 paragraphs 1 and 2 of the Criminal Code which provide criminal sanctions for perpetrators and intermediaries of gambling. This regulation is intended to combat illegal gambling practices and maintain public order. This is reflected in Decision Number 155 / Pid.B / 2024 / PN Sgn which states that the defendant is guilty of committing a criminal act of gambling. That the perpetrators of gambling are prosecuted by law enforcement from the police to the courts that examine and decide guilty and legally prove the defendants to have gambled in Sragen Regency. 2). Obstacles to law enforcement are influenced by human resource factors, lack of legal understanding by the community, local cultural influences, limited infrastructure, and a very large area. 3). From an Islamic perspective, gambling practices have been clearly regulated in the Qur'an. Surah Al-Maidah Verses 90-91 and Surah Al-Baqarah Verse 219 emphasize that gambling has a destructive impact and is classified as a major sin that must be avoided.
Legal Protection and Empowerment of Traditional Fishermen in Tasikagung Village, Rembang Regency Bayu Nito Ilham Satria; Muchamad Iksan
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The purpose of this study was to analyse (1) legal protection and empowerment of the rights of traditional fishermen in Tasikagung Village based on Law No. 32 of 2014 and (2) obstacles in efforts to provide legal protection and empowerment for traditional fishermen in Tasikagung Village. The study utilizes normative legal methods, employing a legislative and conceptual approach, and draws support from relevant literature. The results of the study indicate that the protection and empowerment of traditional fishermen in Tasikagung Village are crucial. However, the implementation of Law No. 32 of 2014 encounters challenges, including weak law enforcement, overlapping regulations, and insufficient socialization. To address these challenges, an effective strategy is necessary, involving increased supervision, bureaucratic simplification, and improved access to capital and technology, along with collaboration among the government, fishermen's organizations, and the private sector.
CONTRACTUAL FAIRNESS: CONSUMER PROTECTION IN THE EXECUTION OF FIDUCIARY GUARANTEES BASED ON PRINCIPLES OF BALANCED RIGHTS AND ANTI-EXPLOITATION Jasmine Maulana; Muchamad Iksan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 6 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22282280

Abstract

A major structural issue in the implementation of fiduciary guarantees in Indonesia is the disparity between the extensive powers held by creditors and the lack of protection afforded to borrowers. Although the coercive and unilateral enforcement mechanisms for fiduciary guarantees were reformed by Constitutional Court Decision Number 18/PUU-XVII/2019, a significant gap remains between actual practice and constitutional norms. This article examines the regulatory framework for enforcement following the aforementioned Constitutional Court decision, specifically from the perspective of protecting debtors' human rights. The study employs normative legal methods—specifically statutory, conceptual, and comparative approaches. Primary legal sources include the 1945 Constitution, the Fiduciary Guarantee Law, Constitutional Court decisions, and various implementing regulations; secondary sources comprise credible publications. Findings indicate that the implementation of the Constitutional Court decision remains inadequate due to the absence of operational technical regulations, insufficient oversight by the Financial Services Authority, and a lack of appropriate sanctions. Consequently, forced execution remains prevalent. The proposed legal reconstruction encompasses four simultaneous dimensions: institutional (strengthening the Financial Services Authority and the Consumer Dispute Resolution Agency); procedural (mandatory mediation and simplified court rulings); remedial (statutory damages, class actions, and non-material compensation based on Hifz al-Ird); and substantive (redefining default based on the doctrine of hardship and the obligation to provide notification in a dignified manner).
Co-Authors Abdul Pirol Afifa, Nur Ahmad Bagus Aditia Aidul Fitriciada Azhari Alam, Samsu Aldi Setiawan Alfath Sartanto Alwi Alwi Amalia Yahya, Amalia Anastasya, Dita Nadya Andi Sadapotto Andria Luhur Prakoso Angga Maghrifin Suryanto Anwar, Lestari Aristya Windiana Pamuncak Ashylla Zabrina Dipayanti Aziza Azra Larissa Baderiah Baderiah Bahari, Roni Bayu Nito Ilham Satria Bayu Setiajit, Sahid Cahya Handy Saputra Cahyo Kuntoro Desak Nyoman Darmayanti Dewi Yusmananda, Putri Diana Setiawati Dipayanti, Ashylla Zabrina Diyah Murti Hastuti Dodi Ilham Efendi, Erwatul Fahlia, Fahlia Fahmi Fairuzzaman Fajar Syarif Febriani, Hanifah Furwana, Dewi Gilang Rahmat Allam Gunarto Nanang Prabowo Haekal Abdatamma Ramadhan Hananto, Avip Rusdi Hartanto Hasan Hasan Hilal Mahmud, Hilal husnaini, husnaini Husni Akhmad Husein Ibrahim Nurrohman Ida Ayu Putu Sri Widnyani Indra Permana, Indra Jasmine Maulana Kuntoro, Cahyo Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani, Kuswardani Madehang, Madehang Marisa Kunianingsih Marisa Kurnianingsih Moestofa, Yoesoef Muhammad Hanafi Mukh Nursikin, Mukh Natangsa Surbakti Nur ilmi putri febriyanti Nur Ilmi Putri Febriyanti Nurlina Afifah Litti Nurul Fatimah Az Zahro Oki Suwandi Pambudi, Rizal Peggy Dian Septi Nur Angraini Puji Muniarty Rafi Arnanda Faturohman Resti Nurmala Dewi Riza Arif Pratama Rizal Pambudi Rizal Pambudi Rizka Romli Mukayatsyah Rosmita Rosmita, Rosmita Sahril Nur Salazar, Ramonita A Saputra, Cahya Handy Saputri, Irwinda Mutiara Sari, Winda Permata Sartanto, Alfath Shabrial Aura Putra Shofiana Eka Aulia Shofiana Eka Aulia Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Endah Wahyuningsih Subeno, Handoyo Sudaryono Sudaryono Sudaryono Sudaryono Suharli, Suharli Sukmawati Tono Palangngan, Sukmawati Tono Syaifuddin Zuhdi Taufik Hidayat Teguh Prasetya Wardah Yuspin Wibisono, Fiqkri Akbar Wildan Alfa Sina Winda Permata Sari Wiwin Wiwin, Wiwin Yusril Aulia Patra Zainuddin, Andi Husni A. Zuhdi, Syaifudin