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Elements of Article Law Number 1 of 2023 concerning the Criminal Code Mulyana, Yusep
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.v19i2.3309

Abstract

It is considered that Law Number 1 of 2023 concerning the Criminal Code still contains articles inherited from colonialism and is prone to being used as a means of criminalization. For example, the contents of the article on treason. Article 192 of the new Criminal Code states that anyone who commits treason with the intention that part or all of the territory of the Unitary Republic of Indonesia falls to foreign powers or to separate themselves from the Unitary State of the Republic of Indonesia shall be punished with death penalty, life imprisonment, or a maximum imprisonment of 20 years. Article 193 paragraph (1) stipulates that anyone who commits treason with the intention of overthrowing the government, shall be punished with a maximum imprisonment of 12 years. Meanwhile, Article 193 paragraph (2) states that leaders or organizers of treason are subject to imprisonment for a maximum of 15 years. Elements of Article Law Number 1 of 2023 Concerning the Criminal Code To find out whether an act in a legal event is a crime, an analysis can be carried out regarding whether the act has fulfilled the elements regulated in a particular criminal law article. For this reason, adjustments or matches (parts/events) of the incident must be made to the elements of the offense being charged. If it turns out to be suitable, then it can be determined that the incident is a criminal act that has occurred for which (can) be held criminally responsible to the perpetrator subject.
LAW ENFORCEMENT EDUCATION ON THE CRIMINAL ACTS OF EMBEZZLEMENT IN ONLINE ARISAN IN GARUT REGENCY Mulyana, Yusep; Ermaya, Berna
MSJ : Majority Science Journal Vol. 3 No. 4 (2025): MSJ-November
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/msj.v3i4.487

Abstract

Abstract This research uses a normative juridical method that focuses on the analysis of positive legal norms related to law enforcement against criminal acts of embezzlement in online arisan in Garut Regency. The results of the analysis show that law enforcement conducted by the police consists of two stages, namely preventive efforts through public appeals and socialization, and repressive efforts through investigation, inquiry, examination, and case submission to the Public Prosecutor. Inhibiting factors in law enforcement include limited facilities and infrastructure, limited technological capabilities, operational cost constraints, and low public legal awareness. The results of the analysis show that law enforcement efforts carried out by the police are taken through two stages, namely the prevention stage (preventive) and the enforcement stage (repressive). Prevention (preventive) carried out by the police is two stages starting from appealing to the public through social media and carrying out socialization to the community, then at the stage of law enforcement through enforcement (repressive) carried out by investigators and police investigators through several stages, namely the investigation stage, the investigation stage, the examination stage and the settlement stage and the handover of the case to the Public Prosecutor. The police as the front line strives for the best for the community, all stages of law enforcement are guided by the Criminal Procedure Code (KUHAP) starting from investigations, namely collecting evidence, witnesses, summoning related parties to summoning suspects and making an Examination Report (BAP). Inhibiting factors in Law Enforcement Against the Crime of Embezzlement in Online Arisan in Garut Regency are factors of means and facilities, law enforcement factors, operational cost factors, and community factors to support the investigation process in efforts to examine the disclosure of perpetrators of online arisan embezzlement in the Police's jurisdiction.