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All Journal Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura Rechtsidee Perspektif : Kajian Masalah Hukum dan Pembangunan Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris Jurnal Supremasi Law Development Journal Yuridika Syiah Kuala Law Journal
Didik Endro Purwoleksono
Fakultas Hukum Universitas Airlangga
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Urgensi Transformative Justice dalam Penanganan Perkara Anak Sebagai Upaya Pembaharuan Hukum Indonesia Hakim, Lukman; Endro Purwoleksono, Didik
Jurnal Supremasi Volume 14 Nomor 2 Tahun 2024
Publisher : Fakultas Hukum, Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v14i2.2815

Abstract

This study examines the urgency of transformative justice in handling juvenile cases as part of legal reform in Indonesia. The research employs normative legal methods with statutory, conceptual, and case approaches. The importance of this research lies in identifying the need to expand the concept of restorative justice, which focuses solely on the offender and victim, towards transformative justice that also considers social, political, economic, and cultural aspects. The findings reveal that transformative justice offers a new alternative in the juvenile criminal justice system by not only focusing on the severity of the offense but also considering the personal circumstances of the child, including social status and family conditions. The implications of this concept show that transformative justice supports the more comprehensive development of children and serves as a more holistic approach to recovery in handling juvenile cases.
Law Enforcement against Cardsharing Perpetrators in Distributing Smartcard Private Keys on Television Services Aribowo, Wahyu Wasono Dyan; Purwoleksono, Didik Endro; Suheryadi, Bambang
Law Development Journal Vol 6, No 1 (2024): March 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.1.149-162

Abstract

The cybercrime has become popular case of which is serious enough for public and the law enforcers do not aside from badness happened at broadcasting service of satellite telecast subscribes to. Till now still require much business which is permanent ossified to finalize the case, this because of more and more and badness modus operandi complex world to be illusory especially by using or through internet as does cardsharing. Equally this term named “an authorized access to computer and service" causing is drawn explains its (the crime characteristic is thought to lay open this badness required expertise and experience of in information technology science. This study aims to know the law enforcement against cardsharing actors in distributing smartcard private keys on television services. The method uses normative research methodology with a qualitative approach. The data used is secondary data based on various reliable and verified sources, including scientific journals, books, online articles, and research reports relevant to the topic under study. Data analysis was carried out in three stages, namely data reduction, data presentation, and conclusion drawing. Based on the research concluded that cardsharing is an illegal activity so that criminal offenses can be imposed under Law No.36 of 199 concerning Telecommunications or even Law Number 19 of 2002 concerning Copyright. After the formation of the ITE Law, which is used as a reference for sanctions imposed on cardsharing offenders on the internet is Article 48 paragraph (2) of the ITE Law and for those who facilitate cardsharing actions, article 50 of the ITE Law applies which regulates criminal sanctions of imprisonment and / or fines with a greater criminal threat.
Data Leakage of the Indonesian Elections Commission in Legal Aspects of Personal Data Protection utama, Frendika suda; Purwoleksono, Didik Endro; Rachman, Taufik
Media Iuris Vol. 7 No. 3 (2024): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v7i3.55931

Abstract

Hackers illegally accessed the Indonesian General Elections Commission’s (KPU) voter data system to collect voter data to sell to third parties. The regulation requires accountability for voter data leakage to protect people’s privacy rights in Indonesia’s personal data protection concept. Legal analysis of the modus operandi of personal data sales cases results in patterns of information system vulnerabilities, which can then be used to prevent personal data leakage and improve voter data protection in Indonesian elections. One of the reasons for passing the personal data protection law is the rampant cases of confidential data leakage that occur in government and private institutions in Indonesia. Hackers of voter data systems aim to profit from personal data sold to third parties. The role of the cybersecurity task force team needs to be improved with more concrete arrangements in law enforcement, and mitigating voter data leakage can provide legitimacy for the implementation of credible, reliable, and professional elections in Indonesia. Establishing the task force will optimize the application of voter data systems in conducting general elections in Indonesia and improve personal data protection.
Sniffing Cybercrimes in M-Banking via WhatsApp: Comparative Legal Framework and Implications: Sniffing Cybercrime di M-Banking via WhatsApp: Kerangka Hukum Komparatif dan Implikasinya Aziziyah, Tsania; Purwoleksono, Didik Endro; Rachman, Taufik
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.985

Abstract

This normative legal research investigates the regulatory landscape and legal responsibilities surrounding sniffing cybercrimes in mobile banking (M-Banking) operations via the WhatsApp application. The study uniquely aligns its analysis with established laws like the Information and Electronic Transaction Law (UU ITE) and the Personal Data Protection Law (UU PDP), elucidating the nuances in sanctions stipulated by these respective legislations. It reveals that the UU ITE and its amendments carry more severe sanctions than the UU PDP. However, based on the lex specialis derogate legi generalis principle and teleological/sociological interpretations of the law's purpose, it concludes that Article 67 (1) of UU PDP governs such sniffing offenses in M-Banking via WhatsApp. The implicated legal liability includes a maximum prison sentence of five years and/or a fine up to five hundred billion rupiah. Moreover, the research underscores the accountability of banking institutions to compensate for the losses suffered by victims, encompassing the replacement of the full or partial account balance or other agreed forms of responsibility. These findings have critical implications for cybersecurity regulations, and the banking sector's duty of care towards customers in the digital era.Highlights: Disparity: Penalties under UU ITE and UU PDP differ for sniffing cybercrimes. Governing Law: Sniffing crimes in M-Banking via WhatsApp fall under UU PDP, Article 67 (1). Liability: Banks are responsible for compensating victims' losses. Keywords: Sniffing Cybercrimes, M-Banking, WhatsApp, Legal Framework, Bank Accountability.
Execution of State Seized Property Based on Corruption Conviction Court Decisions Later Burdened with Bank Liens Syaifullah, Abvianto; Purwoleksono, Didik Endro; Rachman, Taufik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4411

Abstract

One of the elements in the crime of corruption is the loss of state finances or the state economy, so that this element is the background for the formation of legislation regarding corruption crimes, both the old regulation, namely Law Number 3 of 1971 and the new regulation, namely Law Number 31 of 1999 concerning Eradication of Corruption Crimes as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes which establishes a policy that state financial losses must be returned or replaced by the perpetrators of corruption (asset recovery). When the goods confiscated by the state are free or not encumbered by property guarantees, they can be directly executed by the Prosecutor in accordance with statutory provisions, but legal problems occur when the assets confiscated by the state turn out to be later encumbered by Mortgage Rights by the Bank/creditor after a court decision which in its verdict is "confiscated by the state" because the investigator does not apply for recording of criminal confiscation to the local State Land Agency. This type of research is normative or doctrinal research using a statutory approach and an asset forfeiture concept approach. The results of the research are that the Investigator is obliged to apply for the recording of criminal confiscation to the local State Land Agency regarding the object of the confiscated land, this aims to prevent it from being transferred to other parties or encumbered by Mortgage Rights. The need for the immediate enactment of the Asset Forfeiture Bill in order to recover state losses by perpetrators of corruption through in rem asset forfeiture so that assets that have been transferred or transferred by the perpetrator to other parties can still be confiscated by the state as a decision that has been legally binding (inkrah).
The Existence of Pretrial Institutions In The Enforcement Of Criminal Law Narendra, Ko Triskie; Purwoleksono, Didik Endro; Rachman, Taufik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4927

Abstract

Milestone Born Based on the Constitutional Court Decision: 21/PUU-XII/2014 dated April 28, 2015, the authority of the Pretrial institution has increased by conducting an examination of the Investigator's actions in issuing a letter of determination of suspects, searches, and seizures coupled with the legality or absence of arrest and/or detention, termination of investigation or termination of prosecution upon request for the upholding of law and justice, and requests for compensation or rehabilitation. In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial.The norms of authority in the Criminal Procedure Code provide limitations/limitations that cannot be deviated by law enforcement, if law enforcement exercises its authority not based on laws and regulations, then law enforcement actions can be categorized as unlawful acts. Based on Article 24C paragraph 1 of the Constitution of the Republic of Indonesia of 1945 (third amendment), the Constitutional Court is a high state institution within the scope of judicial power (judicial) and the authority of the Constitutional Court is one of which is to test the Law against the 1945 Constitution. Suppose a decision that grants the application, has an impact on the invalidity of a norm and does not have binding legal force, then by itself, the decision cannot be separated from the Erga Omnes Principle which has legally binding force on all components of the nation, so all parties must submit and obey the decision ( Syukri Asy'ari, 2013). In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial so that how does pretrial exist in the enforcement of criminal law
Questioning the Meaning of Financial or State Economic Losses in Corruption Crimes After the Constitutional Court Decision Number 25/PUU-XIV/2016 Airlangga, Rendy; Abidin, R.B. Muhammad Zainal; Mahendra Suhartono; Purwoleksono, Didik Endro
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5200

Abstract

The Constitutional Court Decision Number 25/PUU-XIV/2016 has changed Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law from formal criminal act to material criminal act, so that state losses must be interpreted as actual losses. On the basis of that decision, this research analyses the original intent or ratio legis of the word "can" in Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law, which is useful to understand the spirit underlying the formulation of the word 'can’ or ‘formal criminal act’ since the inception of the Law. In addition, this research also reconstructs the meaning of financial losses or the state economy based on aspects morality. This research is doctrinal research that uses statute, conceptual, and case approaches. The results of this study conclude that the formulation of the word "can" in Articles 2 Paragraphs (1) and 3 of the Eradication of Corruption Crime Law is intended to facilitate proof of corruption in the field of finance or the state economy in Indonesia, whose modus operandi is increasingly sophisticated and complicated. However, corruption crimes are not only about financial or economic losses that must be proven and can be calculated but also moral losses that cannot be seen and calculated. Therefore, the reconstruction of the meaning of potential loss in Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law in the future is very important to save the nation's morals.
Co-Authors Abidin, R.B. Muhammad Zainal Abvianto Syaifullah Adhi Setyo Prabowo Airlangga, Rendy Amira Paripurna Andhika Nugraha Triputra Andi Surya Perdana Aribowo, Wahyu Wasono Dyan Astutik Aziziyah, Tsania Benny Elfian Syah Ko Triskie Narendra Lukman Hakim Mahendra Suhartono Narendra, Ko Triskie Regina Kartika Sari Rudi Kurniawan Suheryadi, Bambang Syahrul Arif Hakim Syaifullah, Abvianto Taufik Rachman Taufik Rachman Thesar Yudi Prasetya utama, Frendika suda Yoyok Junaidi