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Perlindungan Hukum Bagi Korban Atas Publikasi Data Pribadi pada Kasus Tindak Pidana Kesusilaan di Situs Mahkamah Agung Putri Azzahra; Syarif Nurhidayat
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 1 MEI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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The publication of decisions through the Supreme Court decision directory is part of the aspect of information disclosure carried out by the Supreme Court as a form of implementation of Law Number 14 of 2008 concerning Public Information Disclosure. This research examines how the protection of personal data of victim witnesses in cases of criminal acts of decency in the publication of decisions by the Supreme Court. Who can be held criminally responsible for the publication of decisions on the Supreme Court website. The legal research method used is normative. In this study it is known that legal protection is not optimal, there are still many main aspects of legal protection that have not been fulfilled such as no further arrangements regarding control efforts, mechanisms for requesting related parties to information disclosure and arrangements regarding the mechanism of legal remedies. Implementers of Information Services at the Supreme Court who can be held criminally responsible for this are PPID Executors, Information Service Officers, PPID, and/or PPID Superiors as employees who have the duties, responsibilities and authority to provide information services to the public in the event that they fulfill errors in the form of intent.

Urgensi Perluasan Kewenangan Hakim untuk Memberikan Perintah Penetapan Tersangka Melalui Praperadilan Jennifer Editha; Syarif Nurhidayat
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 1 MEI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Determination of suspects has an important role in the scope of criminal law in Indonesia because this stage aims to find material truth. The rights of suspects are fundamental rights because they relate to deprivation of a person's independence, so that the state is obliged to protect these rights from potential abuse of power by law enforcement officials during the legal process. This study aims to examine the urgency of expanding the authority of pretrial judges in ordering the determination of suspects by law enforcement officials based on legal considerations by judges in pretrial decisions number 24/Pid.Pra/2018/PN.Jkt.Sel and the Indonesian criminal justice system. Research is reviewed using normative methods which are analyzed through statutory and conceptual approaches. The results of the research show that first, in his consideration the judge has exceeded his authority because the decision has entered the subject matter. Second, based on philosophical, sociological and juridical foundations, there is no urgency to expand the authority of pretrial judges. Philosophically, pretrial is limited to examining formal law. Sociologically, the expansion of authority has the potential to lead to the arbitrariness of judges in determining a person's legal status. Juridically, the order to determine the suspect has exceeded the authority of the pretrial judge.

Modus Operandi Dan Penegakan Hukum Tindak Pidana Pembalakan Liar Di Kawasan PBPH PT. Kirana Chatulistiwa Sitasari Rizqi Mahanani; Syarif Nurhidayat
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Criminal acts committed by perpetrators of Illegal Logging caused losses for PT. Kirana Chatulistiwa in the form of damage to forest areas. Logging that should have been done legally was illegally logged by a corporation to open plantation land illegally. This raises questions about the modus operandi of Illegal Logging carried out by the perpetrators and how the law enforcement of Illegal Logging in the PBPH area of PT. Kirana Chatulistiwa. The author conducts research using empirical methods that focus on a person's behavior which is obtained by the interview method and through a sociological juridical approach by looking at legal facts or legal realities in society. The results of this study are that the perpetrators carried out their modus operandi by claiming to be indigenous people in the local area so they could cut down trees and take advantage of PT. Kirana Chatulistiwa which at that time was being abandoned. Furthermore, the legal settlement was carried out by the KPH Kusan team and the company by sending subpoenas, giving direct warnings, and compensation made by PT. Kirana Chatulistiwa and the application of the social forestry system between PT. Kirana Chatulistiwa with the perpetrators.

Pengaturan Perlindungan Hukum Atas Publikasi Data Pribadi Anak Korban Kekerasan Seksual Ditinjau Dari Prinsip Kepentingan Terbaik Bagi Anak Septya Hasna Rahmasari; Syarif Nurhidayat
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 3 MEI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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The development of technology and the ease of obtaining information, spurred the level of curiosity of the community in exploring cases of sexual violence that occurred in children. These activities are actually not intended for negative things, but rather to channel sympathy and educate the level of vigilance of others. However, sympathy for the coercion of sexual activity has encouraged other parties to unknowingly publish excessive personal data of child victims, so that legal protection is needed that is oriented towards the best interests of the child. So, this research conducts a study related to the legal protection arrangements for the publication of personal data of child victims of sexual violence in terms of the principle of the best interests of the child. The research method used is normative legal research. The approach in this research is a conceptual approach to legislation (statute approach). Data collection techniques are carried out through library research. Analysis technique used is descriptive qualitative. In this study, the conclusions are obtained, first, arrangements related to legal protection of the publication of personal data of child victims of sexual violence have been regulated and found in 5 regulations. Second, based on a review of the principle of the best interests of the child which is derived in several indicators, these provisions are considered to have fulfilled but normatively still need to be strengthened in the form of new norms that are more specific to follow up on cases of publication of personal data of child victims of sexual violence.

Pemenuhan Unsur Kesengajaan Pada Delik Promosi Judi Online Terkait Ketidaktahuan Pelaku (Studi Kasus Denny Cagur) Septian Pratama Putra; Syarif Nurhidayat
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This study analyzes the fulfillment of elements in the alleged criminal act of promoting online gambling in relation to the unawareness claimed by Denny Cagur. This type of research is normative legal research. The approach employed in this study involves statutory and conceptual approaches. The sources of data used in this research are secondary and tertiary data. The findings indicate that Denny Cagur’s claimed unawareness constitutes a right to remain silent (non-self-incrimination). However, it was concluded that Denny Cagur fulfilled all the elements of the criminal offense of promoting online gambling. Furthermore, it was determined that Denny Cagur acted intentionally, as he did not meet the parameters of factual mistake (feitelijke dwaling). Based on the normative concept of guilt (normatief schuldbegrip), public judgment suggests that Denny Cagur deliberately committed the act in question.

Tinjauan Yuridis Penjatuhan Pidana Penjara Di Bawah Minimum Khusus dalam Perkara Narkotika (Studi Putusan Nomor 60/Pid.Sus/2022/PN. Tlk jo. Putusan Nomor 564/Pid.Sus/2022/PT. PBR jo. Putusan Nomor 476 K/Pid.Sus/2023) Refania Rahmitha Adyo; Syarif Nurhidayat
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract This study examines the imposition of imprisonment below the special minimum sentence in narcotics cases, focusing on the analysis of Decision Number 60/Pid.Sus/2022/PN Tlk jo. Decision Number 564/Pid.Sus/2022/PT.PBR jo. Decision Number 476 K/Pid.Sus/2023. The research highlights the application of Article 114 Paragraph (1) of Law Number 35 of 2009 concerning Narcotics, which stipulates a minimum prison sentence of five years. However, in this case, the Supreme Court imposed a sentence of only three years. This decision raises critical questions regarding the appropriateness of judicial reasoning in imposing a sentence below the statutory minimum and the use of Supreme Court Circular Letter (SEMA) Number 3 of 2015 as a basis for the ruling. The findings of this research conclude that Supreme Court Decision No. 476 K/Pid.Sus/2023 is legally unsound, as it imposed a sentence below the minimum threshold set by law, based on flawed considerations regarding the amount of narcotics evidence the defendant’s status as a repeat offender and the improper application of the aforementioned circular letter.

Perlindungan Hukum Terhadap Korban Tindak Pidana dalam Konsep Pemaafan Hakim (Perbandingan antara Hukum Pidana Indonesia dengan Belanda) Muhammad Gibran Hariza; Syarif Nurhidayat
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract This research aims to analyze the concept of judicial discretion as regulated in the National Criminal Code and compare it with the Dutch Criminal Code from the perspective of legal protection for victims of criminal acts. The issues examined in this study are: First, the basic idea of judicial discretion as related to provisions for victim protection. Second, a comparison with the Dutch legal system. The method used in this study is a normative method using a regulatory, comparative, and conceptual approach with primary, secondary, and tertiary legal data sources obtained through document and library studies and analyzed descriptively and qualitatively. Based on the results of the study, the concept of judicial leniency to be implemented in the criminal justice system in Indonesia is not yet fully supported by factors related to legal protection for victims. Additionally, there is no explicit explanation regarding the classification of criminal offenses that may be subject to leniency and the clarification of sentencing criteria that should serve as a guideline for judges in rendering decisions. The Netherlands, with its advanced criminal justice system, has long since implemented the concept of judicial discretion with mutually supportive integration between norms, so that the interests of victims' rights can be fulfilled. This can be an innovation in the reform of the criminal justice system in Indonesia. The recommendation from this research is that there is a need for improvement, synchronization, and harmonization of the provisions in the concept of judicial discretion. Additionally, victim impact statements can be considered as one of the factors to accommodate the interests of victims of criminal offenses.

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