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<![CDATA[PENEGAKAN HUKUM TINDAK PIDANA CYBERPORN DI APLIKASI MEDIA SOSIAL BIGO LIVE: STUDI DI DITRESKRIMSUS POLDA JATIM ]]>
<![CDATA[Elvaretta Helsa Salsabilla]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v2i1.139
<![CDATA[The development of internet technology at this time is one of the most popular ones, especially among teenagers. But not a few of them make the internet a new means to commit crimes against decency, namely cyberporn crimes. Cyberporn is a form of pornography that can be accessed online through an internet network. Enforcement of cyberporn criminal acts is regulated in the Law of the Republic of Indonesia Number 11 of 2008 Jo Law Number 19 of 2016 concerning Electronic Information and Transactions; Law No. 44 of 2008 concerning Pornography and the Criminal Code on Pornography. The problems studied in this study are: (1) How to expand the meaning of pornography in the Bigo Live social media application. (2) How to prevent cyberporn crimes on social media based on live streaming video. The research methods used are qualitative approaches and types of sociological juridical or empirical juridical research. Data obtained by conducting interviews, literature studies and questionnaires. The results of the research from this study are: (1) The importance of the role of law enforcement officials in conducting law enforcement in Indonesia in cyberporn crimes based on live streaming video. (2) Efforts to prevent cyberporn crimes that are rife on the Bigo Live application and by using criminal policies so that they do not happen again with other cases and make the public even more aware of cyberporn crimes. The conclusion of this study is (1) Abuse in the Bigo Live application which still has a lot of content containing pornographic elements has violated the ITE Law, the Pornography Law and the Criminal Code and because there are still many misinterpreters, a Joint Decree on Implementation Guidelines for certain articles in the ITE Law (2) Prevention efforts carried out for cyberporn crimes by carrying out criminal policies using two paths, namely penal facilities and non-piration facilities]]>
<![CDATA[NOODWEER DAN NOODWEER EXCES TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN ]]>
<![CDATA[Elvira Puspa Anggraeni]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v2i1.140
<![CDATA[As a state of law, Indonesia is obliged to implement everything based on the applicable rules. No exception related to criminal acts, mistakes and also liability in accordance with applicable law. The material truth that is the value of a trial process will correlate with a person's criminal responsibility. One of them is in the case with Decision Number: 867/Pid.B/2021/PN.Jkt.Sel on behalf of the Defendant Fikri Ramadhan, who committed the murder of four FPI members in order to carry out his duties as members of the police. In order to look further into this case, the researcher formulates the problem formulation, namely how are the qualifications of noodweer and noodweer exces in criminal liability related to the crime of murder. This study uses normative legal research to find solutions to legal problems in this study. The conceptual approach and the legal approach are used by researchers as an approach method in this study. The results of this study found that Noodweer and Noodweer exces have been regulated in Article 49 of the Criminal Code. Noodweer and noodweer exces have similarities in the sense of carrying out a self-defense because of an attack that is against the law, against the body, wealth and honor of morality to either yourself or others. While between the two there is a difference, in this case the noodweer exces case there is a great mental shock experienced by the perpetrator. In the case of criminal acts in the a quo case, the murder committed by the defendant falls into the category of self-defense and self-defense that goes beyond the limits. This is because at the time of the incident the defendant experienced a very large psychological shock due to the threat of strangulation and the pointing of a firearm made by the perpetrator against the defendant and his partner, in their self-defense efforts]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA PELAKU PELECEHAN SEKSUAL PENGIDAP FETISHISTIC DISORDER: STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 2286/PID.SUS/2020/PN SBY ]]>
<![CDATA[Dwi Alfiyatussa Diyah]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v2i1.143
<![CDATA[The purpose of this study is to identify and explain the criminal responsibility for perpetrators of sexual harassment with Fetishistic disorder also analyze the conformity of the criminal responsibility received by the perpetrators with Law Number 19 of 2016 on Information and Electronic Transactions. This research was using normative legal methods with statutory approach, conceptual approach originating from primary source in the form of statutory regulations, secondary and tertiary sources from related legal literature. The results of this study are the equating of Fetishistic disorder with the crime of sexual harassment in the form of obscenity as stated in the Criminal Code. The consideration used is the perpetrator's actions which clearly break the norms of decency. The actions taken by the perpetrator are carried out consciously and they know the impact of their actions. In accordance with article 44 of the Criminal Code, the perpetrators have to be responsible for their actions. Because the actions taken by the perpetrators involved technology so it will be a special kind of crime. Thus, the judge considered Article 27 paragraph (4) in conjunction with Article 45 paragraph (4) and/or Article 29 in conjunction with 45B of the Electronic Information And Transactions Law in deciding this crime]]>
<![CDATA[LANDASAN PERUMUSAN LOCUS DELICTI DALAM SURAT DAKWAAN PADA KEJAHATAN SIBER ]]>
<![CDATA[Rio Dirgantara Pakaya]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v2i1.160
<![CDATA[This research will discuss the basis for the formulation of locus delicti in an indictment on cybercrime, an indictment is an essential matter in a criminal procedure, especially if it contains material conditions, which if these conditions are not met can result in the indictment being blurred (Obscuur Libel) or null and void (for the sake of law). Vernietigbaar). The mistake in formulating locus delicti was the beginning of the non-fulfillment of the requirements in the indictment. So that the formulation of the problem is whether the basis for theformulation of locus delicti in the indictment on cybercrime has been regulated in procedural law in Indonesia. This type of research is a legal research by studying the existing positive legal rules and adding conceptually exploring the issues discussed through legal principles and expert opinions. So it is found that in criminal procedural law in Indonesia there are no rules that regulate explicitly and are used as a basis in formulating locus delicti in an indictment on cybercrime]]>
<![CDATA[PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA MELARIKAN WANITA YANG BELUM CUKUP UMUR PUTUSAN /36/Pid.B/2019 PN GST ]]>
<![CDATA[Sinta Nuriyah]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.163
<![CDATA[This type of crime against human freedom in Chapter II Chapter XVIII of the Criminal Code, which is specifically investigated in Article 332 of the Criminal Code, which means running away from an underage woman. This study explains the criminal responsibility of elderly women who have run away and legal considerations for judges deciding crimes where elderly women are not sufficient. This study uses normative research, due to criminal acts that run away from immature women. The application of punishment is not in accordance with Article 332 of the Criminal Code, namely the conflict between Article 332 of the Criminal Code and the judge's decision. People who run away with too few women can only be held accountable if they meet the criteria of criminal responsibility, in this case they can be sentenced to a maximum of 7 years in prison according to Article 332 Paragraph (1) 1st of the Criminal Code. The basis for the opinion of the judge to give a decision in the case of running away from a girl who is not yet an adult is a matter of legal consideration based on legal facts in court to prove the guilt of the defendant]]>
<![CDATA[TANGGUNG JAWAB PIDANA BAGI PELAKU YANG MENGGUNAKAN BAHAN BAKU KEDALUWARSA ]]>
<![CDATA[Erlina Dwi Susanti]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.168
<![CDATA[This article or article aims to discuss criminal responsibility for the perpetrators of using expired raw materials using the Study of Decision Number 284/Pid.Sus/2019/PN.Mjk. The defendant is an owner of UD. BAROKAH which is engaged in the production of super instant noodles stamped BUNGA TROMPET. Implementation of activities or processes of production, storage, transportation, and distribution of super instant noodle food, the Defendant used raw materials by purchasing expired instant noodle raw materials, then reprocessing them like instant noodle processing in general, but the raw materials used where default has expired. Then the instant noodles are repackaged using plastic packaging and labeled super instant noodles stamp BUNGA TROMPET. The method used in this research is normative juridical or legal research, namely research that is focused on examining the application of rules or norms in positive law. This research was conducted by examining various formal legal regulations such as laws, as well as literature containing theoretical concepts related to the problems discussed in writing. This study concludes that corporate criminal liability is still a problem that needs to be resolved. Likewise, the issue of criminal liability to corporations in criminal acts in the field of consumer protection still contains many weaknesses. As well as the Decision Number 284/Pid.Sus/2019/PN.Mjk has a deterrent effect on the Defendant. However, the actions of Defendant can still fulfill the elements of Article 11 letters a and b of the UUPK. As well as labeling the noodles as if they were edible and safe for health]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA BAGI PELAKU MONEY LAUNDERING BERKEDOK INVESTASI MELALUI TRADING ]]>
<![CDATA[Ihda Aniqoh]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.180
<![CDATA[Money laundering crimes often occur in parts of the world, including Indonesia. Money laundering is an activity in which a person keeps or does not reveal the origin of the proceeds of crime through various transactions so that the property appears to have originated from a legitimate act. Money laundering has 3 (three) stages, namely placement, layering and integration. Over time, money laundering can be done in any way, one of which is through investment or trading. This study uses a normative juridical method using statutory, conceptual and case approaches. This study discusses criminal responsibility for money laundering actors under the guise of investment through trading. The results of this study show that Decision Number 71/Pid.B/2022/PN Tbn. The judge decided to sentence the perpetrators of investment fraud through trading to imprisonment for 3 years and 8 months using the basis of Article 378 juncto Article 55 paragraph (1) 1 of the Criminal Code]]>
<![CDATA[KETERANGAN TESTIMONIUM DE AUDITU YANG DIJADIKAN SEBAGAI ALAT BUKTI DALAM PENJATUHAN PUTUSAN HAKIM ]]>
<![CDATA[Filzah Arina Putri]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.185
<![CDATA[According to Article 1 point 26 of the Criminal Procedure Code, neither the Public Prosecutor nor Legal Counsel may present witnesses who are deemed to have met the requirements as qualified witnesses. According to Article 185 paragraph (6) letter a of the Criminal Procedure Code, one of the main factors that must be considered by the panel of judges in determining whether or not a witness' statement is true or not is the conformity between the testimony of the first witness and the statements of other witnesses. This assessment is also inseparable from the judge's conviction which will be determined by the evidence provided by the witness. Basically, the witness testimony de auditu cannot be said to be a valid witness or cannot be accepted as evidence in the evidentiary process. In the field of criminal law, the terms criminal and sentencing are used interchangeably. However, the term punishment is more precisely interpreted as "suffering that is intentionally imposed or given by the state to a person or several people as a legal consequence (sanction) for him for his actions that violate the prohibition of criminal law". Because almost all proof of criminal cases depends on examining witness evidence, witness testimony is very important in the process of proving a case in court. However, the judge still depends on the evidence presented, the court can consider everything related to the guilt or innocence of the defendant. Witness testimony is one of the means of evidence based on evidence regulated in Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP). In handling criminal cases, evidence in the form of witness testimony has legal weight. The testimony of this witness is prioritized in the verification process and has the potential to be the most significant piece of evidence when the case is heard]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA KORPORASI SEBAGAI PELAKU TINDAK PIDANA PENYEBARAN DATA PRIBADI ]]>
<![CDATA[Denta Putra Azhar]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v3i1.200
<![CDATA[The existence of criminal acts of spreading personal data that occurred in Indonesia is becoming increasingly high in development, where not only the perpetrators are individuals but also the perpetrators are companies or corporations. But in reality law enforcement still cannot touch criminal acts where the perpetrators are corporations, especially those who are held accountable under criminal law. The problems raised by the author are: 1) What is the criminal responsibility of the corporation as the perpetrator of the criminal act of corruption in the case. The approach method in research is normative juridical with a qualitative nature and uses data sources in the form of secondary data. The author gives the opinion that the appropriate form of criminal responsibility is the imposition of aspects of responsibility that are criminal in nature against the corporation and also the management of the corporation, which will then lead to a deterrent effect for corporations not to commit criminal acts]]>
<![CDATA[Pembatasan Kasasi Perkara Pidana Oleh Mahkamah Agung Ditinjau Dari Hak Rakyat Untuk Memperoleh Keadilan ]]>
<![CDATA[Withania, Aurelia Verina]]>;
<![CDATA[Mahyani, Ahmad]]>
<![CDATA[ BULETIN ADALAH Vol. 5 No. 2 (2021) ]]>
Publisher : <![CDATA[UIN Jakarta ]]>
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DOI: 10.15408/adalah.v5i2.21469
<![CDATA[The existence of rules limiting the cassation becomes an obstacle for the public to obtain justice and is not in accordance with the principles of the state of Indonesia as a state of law which is stated in the provisions of the 1945 Constitution of the Republic of Indonesia in Article 28D. Problem: Is the limitation of cassation in Article 45A of the Supreme Court Law in accordance with the provisions of the 1945 Constitution and the Criminal Procedure Code. This research is a normative research method with a statutory approach and a conceptual approach as well as prescriptive analysis techniques. The cassation legal effort should return to its basic purpose, namely maintaining legal uniformity and unity and providing justice for the community.]]>
