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All Journal Jurnal Preferensi Hukum (JPH) International Journal of Law and Society
Komang Sutriani
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Pertanggungjawaban Tindak Pidana Pencurian yang Dilakukan oleh Seorang Kleptomania Komang Sutriani; Ida Ayu Putu Widiati; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (164.65 KB) | DOI: 10.22225/jph.3.1.4626.68-72

Abstract

Kleptomania is a condition in which an individual has control problems within himself to take. The mindset here is not only crazy people who are annoyed with reason and mind but also various psychological diseases. There are several cases of frequent thefts caused by kleptomaniac sufferers and in this case a research objectives are formulated, namely regulating the crime of theft committed by a kleptomaniac and criminal liability for the crime of theft committed by a kleptomaniac. This research is a normative legal research with a case and legislation approach. The technique of collecting legal materials that the author uses in this research is a literature study. Sources of legal materials used are primary and secondary legal sources. The legal material analysis technique used is descriptive technique. The findings of this study reveal that cases like this have been regulated in Article 44 paragraph (1) of the Criminal Code. The results from the assessment of the perpetrator at a specialist doctor can be used as legal evidence, to be considered by the judge in determining whether the perpetrator is then placed in a mental health polyclinic or not. in recovery.
The Nature of Bitcoin User Protection Against Transaction Fraud Online in Indonesia Komang Sutriani; Johannes Ibrahim Kosasih; I Made Aditya Mantara Putra
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.668

Abstract

Rapid advances in information technology have fuelled the emergence of digital currencies such as Bitcoin as an increasingly popular means of transaction in Indonesia. However, behind the convenience and speed offered, the use of Bitcoin also poses a high risk of fraud in online transactions. The main objective of this research is to analyse the nature of legal protection for Bitcoin users in Indonesia. This research applies normative juridical method with statutory approach, conceptual approach, case study analysis, and refers to legal protection theory, online transaction theory, and legal economic theory. One of the case studies studied is the High Court Decision 1240/Pid.Sus/2022/PN Tng which reflects the existence of a vacuum and vagueness of legal norms in the protection of Bitcoin users. The analysis shows that although Bitcoin has been regulated under the legal framework of digital asset trading, there are still inefficiencies in the application of legal protection in a comprehensive and effective manner. This research emphasises the need for more progressive regulatory reforms, as well as strengthening the role of law enforcement agencies and financial technology supervisors to ensure fair, certain and comprehensive protection for Bitcoin users in the territory of Indonesia. It is hoped that the results of this research can strengthen theoretical contributions in enriching the development of digital economy law and become a practical reference for policy makers.
Co-Authors I Made Aditya Mantara Putra Johannes Ibrahim Kosasih Karma, Ni Made Sukaryati Widiati, Ida Ayu Putu