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All Journal Jurnal Pendidikan Kewarganegaraan Undiksha Humano: Research Journal AMANNA GAPPA Syntax Literate: Jurnal Ilmiah Indonesia Khairun Law Journal Unes Law Review Ganesha Law Review Journal of Social Science LEGAL BRIEF Jurnal Pengabdian kepada Masyarakat KHAIRUN LAW JOURNAL Journal of Social Science
Faissal Malik
Dosen Program Studi Magister Ilmu Hukum Program Pascasarjana Universitas Khairun
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemistry Economics, Econometrics & Finance Education Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Public Health Social Sciences Other

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Journal : Journal of Social Science

 1 
Analysis of Imprisonment Implementation against the Perpetrators of the Cybercrimes Syamsuddin Ishak; Faissal Malik; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i2.538

Abstract

This study aims to analyze the application of criminal sanctions to Law Number 11 of 2008 Jo. Law Number 19 of 2016 in the criminal act of defamation or insult decision Number 30/Pid.Sus/2020/PN Tte, and what is the purpose of the threat of imprisonment in the criminal act of mayantara or cyber crime decision Number 30/Pid.Sus/2020/PN Tte about defamation. The research method used in this studyconduct research that is analytical descriptive by using normative legal research or normative juridical. Analytical descriptive legal research is a method that functions to describe or give an overview of the object under study through data or samples that have been collected as they are without conducting analysis and making general conclusions. In other words, analytical descriptive research takes problems or focuses attention on problems as they were when the research was carried out, the results of the research were then processed and analyzed to draw conclusions. The results of this study indicate thatApplication of criminal sanctions by the Panel of Judges for the criminal act of mayantara Decision Number 30/Pid.Sus/2020/PN Tte. regarding Defamation or insult on social media refers to Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of Law Number 11 of 2008 jo. Law number 19 of 2016 concerning ITE with the threat of imprisonment for 5 (five) years and 6 (six) months and a fine of Rp. 100,000,000.00 (one hundred million rupiah) if the fine cannot be paid by the Defendant, it is replaced by imprisonment for 3 (three) months. However, the Panel of Judges in its Consideration stated that the defendant alias Damrin was legally and convincingly guilty of also committing an act that had a charge that violated decency. The aim of imposing imprisonment on perpetrators of criminal defamation through electronic media is as retaliation for disgraceful acts, as a form of overcoming criminal acts to protect society and to create a deterrent effect on perpetrators. This goal is heavily influenced by criminal philosophies in criminal law.
Legal Liability of Illegal Online Loans in the Perspective of Criminal Law Vanti Y. Rolobessy; Faissal Malik; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i2.542

Abstract

This study aims to analyze law enforcement of misuse of personal data related to illegal online loans (fintech) as a form of mayantara crime in a cyber perspective and examine the liability of illegal online loans (illegal fintech desk collectors) in a criminal law perspective. The research method used in this study is the type of research used in the research is normative legal research as a process to find the rule of law, legal principles, and legal doctrines to answer the legal issues faced. The scientific logic that in normative legal research is built on scientific discipline and the ways in which normative legal science works, that is, legal science whose object is law itself. The results of this study show that the enforcement of the Law on Misuse of Personal Data Related to Online Loans (Illegal Fintech) as a Form of Mayantara Crime in a Cyber Perspective is based on the reason that the rampant public activities on electronic media, the Electronic Transaction Information Law was born, namely Law Number 19 of 2016 on Law Number 11 of 2008 concerning Electronic Information and Transactions concerning Electronic Information and Transactions ( ITE) with Considerations can be found in the consideration section, especially in the "Considering" section which states that information globalization has placed Indonesia as part of the world information society so that it requires the establishment of regulations regarding the management of Information and Electronic Transactions at the national level so that the development of Information Technology can be carried out optimally, evenly, and spread to all levels of society in order to educate the nation's life.
Fulfilment of Women Prisoners’ Rights (Case Study of Class II B Penitentiary in North Maluku) Sri Mardiana Joisangadji; Faissal Malik; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i2.544

Abstract

This study aims to analyze the fulfillment of the special rights of female convicts in the Class II B Penitentiary of North Maluku Province and examine the obstacles and efforts faced by the North Maluku Class II B penitentiary in the process of fostering female convicts. The research method used in this study is a type of empirical legal research. Empirical legal research is to study the legal situation or facts obtained in people's lives. This type of research is often referred to as Socio Legal Research. In empirical legal research, what is initially studied is secondary data which is then followed by research on primary data in the field. The fulfillment of the special rights of female prisoners in the Class II B Penitentiary of North Maluku Province is explicitly regulated in Article 14 paragraph (1) jo Article 9 of Law Number 22 of 2022 concerning Correctional Services, it is expressly stated that the convict has the right such as to worship in accordance with his religion or beliefs, receive both spiritual and physical care, receive education and teaching, get health services and eat properly, and filing a complaint.
The Urgency of the Sirri Marriage Pre-Marriage Agreement Regarding Joint Property Nurzannah Nurzannah; Wahda Z. Imam; Faissal Malik
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i2.547

Abstract

This study aims to analyze the urgency of the sirri marriage prenuptial agreement related to joint property and the form of legal protection of joint property in the marriage agreement. The research method used in this study is normative legal research as a process to find legal rules, legal principles, and legal doctrines to answer the legal issues faced. The results of this study show that the urgency of prenuptial agreements related to sirri marriage and joint property is that in prenuptial agreements, prospective married couples can arrange ownership and separation of property to avoid combining property obtained by each husband and wife during marriage.
Co-Authors Ambi Gultom Anak Agung Gede Sugianthara Anshar Anshar Ardhian Wahyu Firmansyah Arisa Murni Rada Aulia Br. Mangunsong Donylisan F. Romkeny Dwi Jumadi Fajar Hidayat Fatma Laha Irnayanti Tjan Muhammad Amin Hanafi Muhammad Nasir Said Nurzannah Nurzannah Renaldi Markus Larumpa Ridjal J. Kotta Rusdin Alauddin Rusdin Alauddin Rusdin Alauddin Rusdin Alauddin Salha Marasaoly Sophian Y Selajar Sri Mardiana Joisangadji Suwarti Suwarti Syamsuddin Ishak Syawal Abdulajid Tri Syafari Vanti Y. Rolobessy Wahda Z. Imam Zul Asfi Siregar