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Journal : IJLRSA

Law Enforcement in Efforts to Combat Cyber Crime in Indonesia Building Future Digital Security Lesmana, Sri Jaya; Sofia , Inas; Felina, Felina
The International Journal of Law Review and State Administration Vol. 1 No. 3 (2023): November - December : The International Journal of Law Review and State Adminis
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v1i3.90

Abstract

The development of information technology can change social order and behavior. The wrong use of advances in information technology refers to crime. The level of cybercrime in Indonesia has reached an alarming stage, therefore the existence of a security system and regulations related to this matter is an urgent need. The purpose of this study is to examine and analyze law enforcement efforts in combating cybercrime in order to build future digital security in Indonesia. Normative legal research is used by researchers to answer related problems through a legal approach with a literature study method. The results showed that although cybercrime has been regulated in positive law in force in Indonesia, the regulation and implementation of security can be said to be still not optimal. Researchers suggest that cybersecurity-related regulations should be specific. Furthermore, harmonization and synchronization of related rules must be carried out so that the handling of cybercrime becomes integrated. Finally, the establishment of a special institution for handling cyber problems is important so that Indonesia has a strong cyber defense
Exploring Legal Understanding for Adolescents: Counseling on Adolescent Issues and Rights Lesmana, Sri Jaya; Felina
The International Journal of Law Review and State Administration Vol. 2 No. 3 (2024): May - June : The International Journal of Law Review and State Administration
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v2i3.135

Abstract

Adolescence is a sensitive phase in the course of life, where individuals are in the process of self-discovery and vulnerable to various external influences. This PKM is carried out in the form of legal counseling using an interactive method, which allows participants to actively participate in discussions and ask questions related to the material presented by the resource persons. The purpose of implementing this PKM is as a means of legal education and a means of providing a better understanding of the law, so that adolescents can avoid legal problems that can damage the future. Based on the PKM that has been implemented, it can be concluded that, first, participants' interest in legal counseling that was carried out showed a positive trend. Second, participants' understanding of adolescent problems and rights has increased. As for the advice given, both to participants (in this case adolescents and parents as the closest family) must have awareness and vigilance of adolescent conditions and behaviors in order to avoid external negative influences.
Juridical Review Regarding the Accountability of Police Investigators in the Case of Wrongful Arrest Mulya, Isal; Lesmana, Sri Jaya; Ayu Lestari, Tiara
The International Journal of Law Review and State Administration Vol. 2 No. 3 (2024): May - June : The International Journal of Law Review and State Administration
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v2i3.147

Abstract

The sense of justice and basic rights of Indonesian citizens is a central part that is upheld in recognition and existence. As a state of law, Indonesia views the position of all citizens equally without exception. The position of law is accepted as an ideology that is expected to create justice, security, order, and realize state welfare. The police as a state apparatus carry out the task of carrying out law enforcement, where one of its duties is to investigate a case. Cases of misapprehension that have been rife lately have unfavorable implications in law enforcement. The purpose of this research is to find out the factors and how the form of accountability for the occurrence of the misapprehension. The method of normative juridical approach becomes the method used in research. The results showed that there were several factors that caused police investigators to make false arrests which were essentially related to work professionalism. This is clearly detrimental to victims and also law enforcement that is running. The responsibility of the police investigator in this case if the victim makes pretrial legal remedies, it can be processed to stop the investigation and/or prosecution. But in the event that the victim does not file a legal remedy so that the case then proceeds with the process.
The Effectiveness of Law Enforcement in Accountability for Blasphemy Crimes: (Study Decision Number: 365/Pid.Sus/2023/PN Idm) Nazhif Haykal Andeni; Lesmana, Sri Jaya; Ratna Indayatun
The International Journal of Law Review and State Administration Vol. 3 No. 1 (2025): January-February : The International Journal of Law Review and State Administra
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v3i1.197

Abstract

Religious blasphemy is an act of insulting or demeaning religious beliefs. In such cases, law enforcement must apply the law and take action against violations through both litigation and non-litigation. However, in Decision 365/Pid.Sus/2023/PN IDM, the legal measures were deemed insufficient to create a deterrent effect, as they only imposed criminal responsibility on the perpetrator. To address this, an ultra petita decision is necessary, where the judge imposes a stronger sentence to prevent future offenses. Judge Panji Gumilang, in handling a similar case, can refer to the jurisprudence from the Ahok blasphemy case as a legal basis, ensuring that the verdict carries a stronger deterrent effect and upholds justice more firmly.
Analysis of the Implementation of the Dirt Truck Operating Hours Policy in Tangerang Regency Misbah, Muhamad; Lesmana, Sri Jaya; Ratna Indayatun
The International Journal of Law Review and State Administration Vol. 2 No. 6 (2024): November-December : The International Journal of Law Review and State Administr
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v2i6.198

Abstract

This study aims to analyze the implementation of the policy on operating hours of dirt trucks in Tangerang Regency based on Regent Regulation Number 12 of 2022. This policy was enacted to limit the operating hours of dirt trucks to reduce congestion and improve traffic safety. The research method used is a normative-empirical juridical method with data collection techniques through observation, interviews, and documentation studies. The results of the study show that the implementation of the policy has not been optimal. Despite the regulations that have been set, there are still 10,989 units of dirt trucks that violate operating hours during 2023. Some of the factors that affect the less effective implementation of this policy include the lack of socialization to truck drivers and entrepreneurs, as well as the limited number of officers in the field to carry out supervision and control.
Juridical Review of Dispute Resolution Between Manulife Life Insurance Indonesia vs Derama Laia: (Studi Putusan Nomor 1867K/Pdt.Sus-BPSK/2022) Khoirunnisa, Alfiatun; Lesmana, Sri Jaya; Ratna Indayatun
The International Journal of Law Review and State Administration Vol. 3 No. 1 (2025): January-February : The International Journal of Law Review and State Administra
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v3i1.199

Abstract

This study aims to review juridically the settlement of consumer protection disputes between PT Asuransi Jiwa Manulife Indonesia and Derama Laia from the perspective of civil law. This case began with a dispute related to the implementation of the insurance agreement regulated in the policy between the two parties. The dispute was then brought before the Consumer Dispute Settlement Agency (BPSK) and decided through Supreme Court Decision Number 1867 K/Pdt.Sus-BPSK/2022, which stated that this case was more of a contractual dispute than a violation of consumer protection. Through a normative approach, this study analyzes the conformity of the decision with Law Number 8 of 1999 concerning Consumer Protection and the Civil Code (KUH Perdata). The results of the study show that the dispute resolution should be through civil law because it concerns the fulfillment of the agreement between the two parties, not a matter of consumer protection. This study recommends that disputes related to the performance of contracts should be directed to the Civil Court or Arbitration to avoid jurisdictional confusion and ensure proper settlement in accordance with applicable law.
Juridical Analysis of the Difference in Judges' Considerations in First-Instance Decisions and Cassation Against Persecution Resulting in Death Based on the Principle of Justice: (Study of Decision Number 1466 K/Pid/2024 jo. Decision Number 454/Pid.B/2024/PN. Sby) Lesmana, Sri Jaya; Hendriansyah, Gilang; Indayatun, Ratna
The International Journal of Law Review and State Administration Vol. 3 No. 4 (2025): July-August : The International Journal of Law Review and State Administration
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The significant differences in judges' decisions reflect a serious challenge to the principle of equality before the law and public trust in the justice system. In general, this difference occurs due to a variety of factors. This study examines the difference in judges' considerations in “Decision Number 454/Pid.B/2024/PN Surabaya” (first level) and “Cassation Decision Number 1466/K/Pid/2024 Supreme Court” in cases of persecution resulting in death. The focus of the research is the trajectory of the shift from a free verdict to a guilty verdict, by assessing the application of the principles of justice and legal certainty (Radbruch theory). The research method is normative juridical, based on document studies. The results of the study showed that at the first level, the panel of judges focused on CCTV footage and traffic expert testimony, using the principle of in dubio pro reo, but ignoring key evidence such as visum and vehicle tracks. As a result, the verdict tends to only meet procedural certainty without substantive justice. On the other hand, the Supreme Court in cassation developed a comprehensive analysis of the assessment of evidence which included medical, visual, forensic, and chronological evidence, so that the element of conditional intentionality and a complete causal relationship were found. Thus, cassation decisions display a harmonized approach between legal certainty, utility, and substantive justice, in accordance with the Radbruch principle that prioritizes justice when formal law causes injustice. The researcher suggests that judicial guidelines be made in the assessment of evidence and intensive training in criminal law theory, so that judges' considerations at the initial level are more consistent, transparent, and able to reach the dimension of substantive justice, while increasing the legitimacy of criminal justice in Indonesia.