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Legal Protection for Online Game Users Against Cheating in Championships Wisnu Kuncoro Aji; Emmilia Rusdiana
NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): The Ontology of Law: Protection, Justice, and Normative Reconstruction in the
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v3i3.54360

Abstract

The development of information technology is experiencing rapid development and has penetrated into all sectors both in terms of economy, business, industry, even in the entertainment world it also has its own technology. One technology that has penetrated the world of entertainment is consoles and video games. Someone plays games with the aim of just entertainment, notinfrequently they play games with the aim of achieving popularity in the game and to achieve the highest score. Seeing the number of enthusiasts in a game, there are time when gamers appear who want an instant achievement, by making system changes or entering fake commands called cheats. The addition of this cheat system in a game makes it easier for players to achieve their goals, but making other players cheat by playing fair causes the game to be unfair. The purpose of this study is to find out the legal regulations for using cheats in the games against the laws in force in the Republic id Indonesia, including the Criminal Code and the ITE Law. The legal sources in this research are literature, legislation, journals, and relates articles, the data collection method in this study used literature study and literature study.
Settlement of Corruption Crimes on the Basis of Restorative Justice in SE Attorney General Young Special Criminal Number B-1113/F/FD.1/05/2010 Contrary to Article 4 of the PTPK Law Esa Setya Al Akbar; Emmilia Rusdiana
NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): The Ontology of Law: Protection, Justice, and Normative Reconstruction in the
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v3i3.55505

Abstract

Corruption is an act that can directly or indirectly cause state losses. Current developments, both the quality level of crime and the quantity level of cases are increasing continuously every year. In order to reduce the swelling in the cost of resolving criminal acts in Indonesia, the Indonesian Attorney General's Office issued SE Jampidsus Number B-1113/F/FD.1/05/2010 which discusses Restorative Justice in resolving corruption crimes with relatively small losses prioritized not to be followed up when the perpetrator has returned state financial losses. However, this is contrary to Article 4 of Law No. 31 of 2019 concerning the Eradication of Corruption, which states that the return of state financial losses made by the perpetrator still does not climinate the criminalization of the perpetrator of the crime of corruption. The objective to be achieved is whether the settlement using restorative justice is contrary to Article 4 of the Anti-Corruption Law. This type of research uses normative research using a statutory approach and a conceptual approach. The results of this study use the concept of restorative justice in Resolving corruption using restorative justice is contrary to Article 4 of the PTPK Law because restorative justice only fulfills the element of benefit and does not fulfill the elements of justice and legal certainty.
Criminal Sanction Policy in Law No. 8 of 1999 on Consumer Protection Siti Nur Aisyiah; Emmilia Rusdiana
NOVUM : JURNAL HUKUM Vol. 11 No. 01 (2024): The Ontology and Moral Justification of Law: Protection, Accountability, and
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v11i01.56579

Abstract

Consumer protection is regulated in Law No. 8 of 1999 concerning Consumer Protection, hereinafter referred to as UUPK, this law aims to guarantee legal certainty to provide protection to consumers. It regulates sanctions, including criminal sanctions contained in Article 61 to Article 63. These criminal sanctions are considered imperfect because they should focus more on consumer protection and recovery of losses than criminal prosecution of business actors and are more oriented towards repair and recovery so that they can be more effective in repair losses suffered by consumers. These sanctions are also still not in accordance with the goals of reform in the politics of criminal law. This research aims to be able to optimize the goals in realizing order and justice through law enforcement and provide information regarding the accuracy of the formulation and implementation of criminal law in relation to the purpose of drafting the UUPK. This study aims to analyze legislation in the field of consumer protection associated with the formulation and implementation of criminal law. The research method used in this research is normative juridical research, using a statutory approach (statute approach) and a conceptual approach (conceptual approach). The legal materials used are primary and secondary legal materials. The analysis technique used in this study uses prescriptive analysis techniques. The results of the discussion prove that the formulation and implementation of criminal law in violations in the field of consumer protection shows that the principle of reasonable loss that can be described by the criminal act is not met, the principle of subsidiarity that criminal law is only ultimum remidium), the principle of proportionality in the form of a balance between losses and the purpose of punishment. the principle of legality in the principles of lex certa and lex stricta, and the principle of their practical use and effectiveness related to their enforcement, while the principle that is fulfilled is the principle of tolerance towards the formulation of criminal acts.
Legal Protection of the Rights of the Suspect Against the Implementation of the Return of the Case File from the Public Prosecutor to the Investigator Repeatedly Fetty Faulina Yekti; Emmilia Rusdiana
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): The Philosophy of Law in Action: Ontology, Justice, and the Moral Legitimacy
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.61042

Abstract

The purpose of this study is to analyze whether or not the Circular Letter of the Deputy Attorney General for General Crimes Number SE-3/E/EJP/11/2020 of 2020 concerning prosecutor's instructions (P-19) at the pre-prosecution stage is carried out once in handling general criminal cases and legal protection for suspects for the return of case files from the public prosecutor to the investigator more than once. This research method is normative juridical. The results and discussion show that pre-prosecution restrictions through Circular Letter of the Deputy Attorney General for General Crimes Number SE-3/E/EJP/11/2020 of 2020 concerning prosecutor instructions (P-19) at the pre-prosecution stage are carried out once in handling general criminal cases are non-binding so that they can be easily deviated from and the form of legal protection for suspects whose rights are violated by the return of alternating case files is that the investigator issues an Order to Terminate Investigation (SP3), provide rehabilitation and coordinate well with the public prosecutor as stated in Article 109 paragraph (1) of Law Number 8 of 1981 concerning the Criminal Procedure Code.
Law Enforcement and Efforts to Prevent Doping Abuse in Football Athletes Laila Himmatul Fajriyah; Emmilia Rusdiana; Rohmatul Faizah
NOVUM : JURNAL HUKUM Vol. 11 No. 03 (2024): The Epistemic and Normative Being of Law: Protecting Rights, Regulating Pract
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.63057

Abstract

Athletes are professional individuals trained to possess agility, strength, and speed for competitive performance. Football athletes, in particular, exhibit a high spirit of competitiveness to bring pride to their country, club, and region. This intense desire to win has led some athletes to resort to doping as a shortcut to enhance performance. This study aims to examine the legal framework governing the use of doping among football athletes in Indonesia, the enforcement of these laws, and the preventive efforts undertaken by the Bojonegoro Regency PSSI Association. Using a sociological juridical approach, data was collected through field studies and interviews with relevant stakeholders. The findings reveal that doping is strictly prohibited in football and is subject to legal sanctions, especially when involving narcotics-type substances. Law enforcement has been effectively implemented against offenders. Furthermore, the Bojonegoro PSSI Regency Association has taken active preventive measures by organizing awareness campaigns and educational sessions. These initiatives are conducted in collaboration with local hospitals and the National Narcotics Agency (BNN) of Tuban Regency. Such efforts aim to enhance athletes' understanding of the dangers and legal consequences of doping, thereby fostering a culture of fair play and clean competition in regional football.
Problematics of Termination of Employment Relations for Workers Undergoing Industrial Relations Trial Period Moh Fahmi Arrifqi; Emmilia Rusdiana; Dinda Puteri Fathurachmah Kusuma
NOVUM : JURNAL HUKUM Vol. 12 No. 03 (2025): Reframing Law as Epistemic and Ethical Praxis: Justice, Certainty, and Normat
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.63442

Abstract

Termination of employment (PHK) must be carried out according to legal procedures, beginning with an official termination letter. However, issues may arise when such termination contradicts labor regulations. This research discusses the case of Bunari, a worker who received a termination letter during the trial process, which is suspected to conflict with Article 155 paragraph (2) of the Manpower Law. The main legal issue examined is the ambiguity of norms regarding the validity of termination during ongoing industrial relations disputes. The objective of this study is to analyze the legal validity of the termination letter issued to Bunari during the trial process, as reflected in Decision Number 1237 K/Pdt.Sus-PHI/2017, and to examine the rules surrounding process wages for workers under trial. This study applies a normative juridical method, analyzing legal events using statutory and regulatory frameworks. The findings reveal that the termination of Bunari is not legally valid due to the ongoing industrial dispute process at the time of termination, rendering the letter formally and legally flawed. Furthermore, Bunari is entitled to process wages as he fulfills the required legal elements. Based on Supreme Court Circular Letter (SEMA) No. 3 of 2015, the payment period for process wages is limited to six months. The study recommends reinforcing clarity in regulations regarding termination procedures during legal proceedings and urges employers to strictly adhere to legal mechanisms to prevent arbitrary dismissals and ensure workers' rights are protected.
The Criminal Act of Child Molestery on The Based on Mutual Consent in Qanun Jinayat is Reviewed with the Principle of Legal Preference (Decision No. 6/Jn/2019/Ms.Aceh) Muhammad Akmal TaufiqulHakim; Emmilia Rusdiana
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): The Dialectics of Justice, Legal Certainty, and Expediency in Contemporary Le
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i02.66608

Abstract

Criminal acts in Aceh are regulated in Qanun Number 6 of 2014 concerning Jinayat, which is a regional regulation at the provincial level based on Islamic law. In the case of indecent acts committed against children on the basis of mutual consent in Decision No. 6/JN/2019/MS. Aceh acquitted the defendant based on Article 1 number 27 of Qanun Number 6 of 2014 concerning Jinayat. The purpose of this study is to examine indecent acts against children in Qanun No. 6 of 2014 concerning Jianayat using the principle of preference lex superiori derogat legi inferiori and lex specialist derogat legi generali. This study is normative and uses a case and statutory approach as a research methodology. The results obtained from this study are that there was an error by the judge in acquitting the defendant, based on Law No. 35 of 2014 concerning Child Protection and the Criminal Code which is based on the principles of lex superiori derogat legi inferiori and lex specialist derogat legi generali states that a child's consent cannot be used as a reason to exempt a person from the crime of molestation of a child based on mutual consent.