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All Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Syarif Nurhidayat
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Law, Crime, Criminology & Criminal Justice

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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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Abstract

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.
Co-Authors Jennifer Editha Putri Azzahra Septian Pratama Putra Septya Hasna Rahmasari Sitasari Rizqi Mahanani