Nahdiya Sabrina
Magister Ilmu Hukum, Universitas Merdeka Malang

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Journal : BHIRAWA LAW JOURNAL

Bentuk Penanggulangan dan Pencegahan terhadap Tindak Pidana Penipuan Lowongan Kerja Online Alifia Risma Marselyna; Indrawati Indrawati; Nahdiya Sabrina
Bhirawa Law Journal Vol 1, No 1 (2020): May 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (218.842 KB) | DOI: 10.26905/blj.v1i1.5276

Abstract

Currently, there are many crimes that take advantage of the sophistication of internet developments, such as crimes that are committed online or commonly called Cyber Crime. This is based on the argument that Cyber Crime is an activity that uses computers as a medium that is supported by a communication system, whether it’s a Dial Up System, using a telephone line, or a wireless system that uses a special wireless antenna. One form of crime related to the misuse of information technology facilities is a crime or criminal act of online job vacancies as regulated in Article 378 Book II of the Criminal Code (KUHP) and Article 28 paragraph (1) Jo. Article 45 paragraph (2) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transaction. This study seeks to answer the background of fraud in online job vacancies as well as a form of countermeasures against fraud in online job vacancies. This study uses a normative juridical research method.
Pertanggungjawaban Pidana atas Tindak Pidana Pelecehan Verbal melalui Media Sosial Aena Linda Mustika; Setiyono Setiyono; Muhari Santoso; Nahdiya Sabrina
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v2i1.5856

Abstract

Sexual crimes are becoming more frequent nowadays, one form of which is sexual harassment through verbal means through social media. Sexual harassment through verbal means that occurs is usually carried out directly, such as whistling, shouting at someone, gestures that appear seductive, and others. As the technology of sexual harassment evolves in the form of writing / typing, seduction, flirting on social media (chat, direct message, and comments), this is of course still as disturbing as direct harassment. The act of verbal sexual harassment through social media is an act against the law that violates Article 27 paragraph (1) of the ITE Law which does not specifically regulate in detail the types of sexual harassment acts. Crimes against decency areregulated in the Criminal Code but not specifically because the Criminal Code does not mention the term sexual harassment. The bill on the elimination of sexual violence that contains sexual harassment has not yet been passed, while the law that was enacted to prevent acts of verbal sexual harassment through social media is still limited.
Tinjauan Yuridis Tindak Pidana Perdagangan Organ Tubuh Manusia untuk Transplantasi Natalia Kristin; Enny Ristanti; Galih Puji Mulyono; Nahdiya Sabrina
Bhirawa Law Journal Vol 3, No 1 (2022): May 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v3i1.7984

Abstract

Technological advances are starting to make great progress in the world of health, especially for some diseases for which a cure has been found. For example, by seeking new treatments by transplanting several organs in the body. However, in practice the method of treatment with human organ transplantation is not easy to do, considering that the available organs are still very few compared to the needs of human organs. This causes the high price of human organs which should not be commercialized and many people take this opportunity to fulfill their financial needs by trading human organs. One of the laws that prohibits organ trafficking is Law Number 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons. The provisions regarding the prohibition are contained in the formulation of Article 2, Article 3, Article 4, Article 5, Article 6, and Article 7 in the law.
Analisis Yuridis tentang Pembunuhan yang dilakukan oleh Anggota TNI Angkatan Darat terhadap Warga Sipil Arif Widodo; Setiyono Setiyono; Teguh Suratman; Nahdiya Sabrina
Bhirawa Law Journal Vol 4, No 1 (2023): May 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i1.10322

Abstract

This research is motivated by the existence of cases of killings committed by elements of the Indonesian Army against civilians which is a serious violation that should not have been committed. The legal issues that will be analyzed in this study are knowing and explaining: the basic considerations of the judges in the decision of the Military Court III-12 Surabaya Number 223-K/PM.III-12/AD/XII/2018 decided on cases of deprivation of independence resulting in death by members of the TNI AD against civilians. The research method uses normative legal research in the form of legal behavior products by examining laws. The problem approach uses a normative juridical approach. The results of this study found that: The judge's consideration in the Decision of the Military Court III-12 Surabaya Number 223-K/PM.III- 12/AD/XII/2018 has fulfilled the elements of Article 333 paragraph (1) of the Criminal Code with a criminal sanction of 1 year 2 months and dishonorable dismissal; The decision of the II-12 Surabaya Military Court Number 223-K/PM.III-12/AD/XII/2018 has fulfilled a sense of justice, due to insufficient valid and convincing evidence of guilt for committing the crime of murder which was carried out jointly.
Analisis Yuridis Hukuman Mati pada Pelaku Tindak Pidana Pembunuhan Berencana Nahak, Artha Ulina; Laila, Khotbatul; Pakpahan, Hatarto; Sabrina, Nahdiya; Lailawati, Fadilla Dwi
Bhirawa Law Journal Vol 4, No 2 (2023): November 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i2.11490

Abstract

Premeditated murder is a criminal offense regulated in Article 340 of the Criminal Code whose criminal sanctions are much more severe than other criminal acts because someone who commits the crime of premeditated murder can be sentenced to the most severe crime, namely the death penalty. This research aims to determine the judge's considerations in imposing a crime on the crime of premeditated murder as well as the juridical analysis of the decision. In this research the author uses a normative juridical research method where what is studied is a court decision that already has permanent legal force. In related research the author used techniques for collecting primary, secondary and tertiary materials which include laws, copies of the Lamongan District Court decision Number 160/Pid.B/2020/PN.Lmg, literacy materials such as books, journals, the internet and also a thesis related to the death penalty and premeditated murder. From the research conducted, the author obtained the results of the panel of judges' considerations in handing down the death penalty to the perpetrator of the crime of premeditated murder without paying attention to the elements of the criminal's influence on the perpetrator's future, as well as elements of planning that were not genuinely proven. The death penalty imposed on perpetrators of the crime of premeditated murder is basically contrary to human rights and sociologically, many death sentences have not been executed since 2016 because of the memoratorium issued by the Indonesian government.