Articles
<![CDATA[DEATH CRIME AGAINST SEXUAL VIOLENCE (RAPE OF 12 STUDENTS IN BANDUNG) IN A RESTORATIVE JUSTICE PERSPECTIVE ]]>
<![CDATA[Murshal Senjaya]]>
<![CDATA[ International Journal of Social Science Vol. 1 No. 4: December 2021 ]]>
Publisher : <![CDATA[Bajang Institute ]]>
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DOI: 10.53625/ijss.v1i4.1071
<![CDATA[Herry (Santriwati Rape Case in Bandung) is suspected of having violated a criminal offense Article 81 paragraph (1), paragraph (3) in conjunction with Article 76.D of the Republic of Indonesia Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection in conjunction with Article 65 paragraph (1) of the Criminal Code. The settlement of criminal cases can still be carried out amicably or based on restorative justice based on the following provisions:Prosecutor's Office Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice (“Agency 15/2020”). Regulation of the Head of the National Police of the Republic of Indonesia Number 6 of 2019 concerning Criminal Investigation (“Perkapolri 6/2019”).Circular Letter of the Head of the State Police of the Republic of Indonesia Number SE/8/VII/2018 Year 2018 concerning the Application of Restorative Justice (Restorative Justice) in the Settlement of Criminal Cases (“SE Kapolri 8/2018”).]]>
<![CDATA[Updating Criminal Law in Civilized Law Enforcement and Social Justice ]]>
<![CDATA[Murshal Senjaya]]>
<![CDATA[ International Journal of Science and Society Vol 3 No 2 (2021): International Journal of Science and Society (IJSOC) ]]>
Publisher : <![CDATA[GoAcademica Research & Publishing ]]>
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DOI: 10.54783/ijsoc.v3i2.315
<![CDATA[In essence, criminal law reform is a process of reviewing and reforming (reorienting and reforming) criminal law in accordance with the central principles of Indonesian societies socio-political, socio-philosophical, and socio-cultural values. Law enforcers can realize justice and a civilization that is not weak. This means that the aim of the Indonesian people is justice and a culture that is not passive. It needs straightening and vigorous law enforcement in irregularities because justice must be realized in everyday life.]]>
<![CDATA[PERLINDUNGAN HUKUM DAN PENYELESAIAN SENGKETA DALAM TRANSAKSI JUAL BELI MELALUI INSTAGRAM ]]>
<![CDATA[Murshal Senjaya]]>
<![CDATA[ Journal of Innovation Research and Knowledge Vol. 1 No. 5: Oktober 2021 ]]>
Publisher : <![CDATA[Bajang Institute ]]>
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<![CDATA[Sistem jual beli dan metode pembayaran dalam transaksi melalui Instagram jual beli adalah penjual yang mengunggah gambar yang akan diperjual belikan dan dipromosikan ke akun Instagramnya dengan menyertakan keterangan deskripsi) dari barang tersebut jika terdapat ketidak sesuaian barang dengan informasi mengenai barang yang diberikan oleh penjual sebelum membeli barang dapat dikategorikan sebagai pelanggaran terhadap hak konsumen sesuai ketentuan dalam Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen. Perlindungan hukum dan penyelesaian sengketa dalam transaksi jual beli melalui media sosial Instagram yaitu seperti penuntutan sampai ke pengadilan apabila penjual melakukan wanprestasi atau dapat juga dilakukan penyelesaian secara nonlitigasi dengan akibat hukum berupa ganti rugi seperti pengembalian uang, penggantian barang, atau potongan harga barang, dan kompensasi sesuai dengan ketentuan Pasal 4 Undang-Undang Perlindungan Konsumen. Sedanglan aspek perlindungan dari segi hukum pidana yaitu bisa dilaksanakan dengan melaporkannya ke pihak yang berwajib dalam hal ini polisisesuai dengan ketentuan Pasal 378 KUHP Tentang Penipuan.]]>
<![CDATA[LAW ENFORCEMENT OF THE CRIME OF MONEY LAUNDERING THAT COMES FROM ONLINE GAMBLING ]]>
<![CDATA[Murshal Senjaya]]>
<![CDATA[ International Journal of Social Science Vol. 2 No. 3: Ocktober 2022 ]]>
Publisher : <![CDATA[Bajang Institute ]]>
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DOI: 10.53625/ijss.v2i3.3626
<![CDATA[Law enforcement by the police in the crime of money laundering originating from online gambling is associated withLaw Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering is an online gambling law enforcement that has been carried out by the VC Sat Subunit. The Criminal Police Criminal Investigation Unit still uses the instrument of Article 303 of the Criminal Code rather than Article 27 paragraph (2) Jo. Article 45 of the ITE Law. The threat of imprisonment under Article 303 of the Criminal Code is 10 years, heavier than Article 27 (2) Jo. Article 45 of the ITE Law which is only 6 years old.Obstacles and law enforcement efforts by the police in the crime of money laundering originating from online gambling are associated withLaw Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering isThe human resource factor in an effort to eradicate online gambling crime is one of the important factors. Lack of mastery and understanding of personnel in the information technology sector. The external inhibiting factor in eradicating online gambling crimes is the server factor placed in countries that legalize gambling, the factor of using a Virtual Private Network (VPN).]]>
<![CDATA[Elements of Vandalism in Law Number 1 of 2023 Concerning the Criminal Code ]]>
<![CDATA[Murshal Senjaya]]>
<![CDATA[ East Asian Journal of Multidisciplinary Research Vol. 2 No. 2 (2023): February 2023 ]]>
Publisher : <![CDATA[PT FORMOSA CENDEKIA GLOBAL ]]>
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DOI: 10.55927/eajmr.v2i2.3024
<![CDATA[The element of vandalism in Law Number 1 of 2023 concerning the Criminal Code, vandalism is included in the form of delinquency. Crimes related to delinquency are regulated in Article 331. In this article, it is explained that perpetrators of delinquency can be punished with category II fines or as much as IDR 10 million. "Any person who in a public place commits delinquency against people or goods that can cause harm, loss or distress, shall be punished with a maximum fine of category II," reads Article 331. In the explanation section, the example of delinquency in question is scribbling wall on a public street. The factors that cause vandalism are users, factors from the library, other factors including the environment, stress and communication blockages. The effort to deal with vandalism is the need for an intellectual mentality of users so they don't vandalize a collection of library materials. Attitudes and behavior of librarians/library officers who always control users both in the room and the exit. For certain types of collections, closed access services can be performed. Make written rules and clear sanctions for those who commit violations. Controlling the use of manual and automated membership cards so that they do not use other people's membership cards. The entrance is always closed, only users who have a card can enter the library.]]>
<![CDATA[Critical Review of Criminalization Policies in Law Number 1 of 2023 Concerning the KUHP ]]>
<![CDATA[Murshal Senjaya]]>;
<![CDATA[Rusli Subrata]]>
<![CDATA[ East Asian Journal of Multidisciplinary Research Vol. 2 No. 6 (2023): June 2023 ]]>
Publisher : <![CDATA[PT FORMOSA CENDEKIA GLOBAL ]]>
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DOI: 10.55927/eajmr.v2i6.4497
<![CDATA[The Criminalization Policy in Law Number 1 of 2023 concerning the Criminal Code is First, criminalization is limited to determining an act as a criminal offense which is punishable by criminal sanctions. Second, criminalization is a complex problem because there are different types of acts that can be criminalized, differences in values and norms in society. Third, important principles that need to be considered in criminalization are the principle of legality, the principle of subsidiarity, and the principle of equality before the law. Finally, the criteria to consider in criminalization include: The application of the Criminalization Policy in Law Number 1 of 2023 concerning the Criminal Code is an example of Article 509 of Law Number 1/2023 of the Criminal Code which is contrary to the 1945 Constitution and has no binding legal force. Because within the limits of reasonable reasoning, criminal error in Article 509 of the National Criminal Code is on the informant (client), not on the advocate. So it is not right for an advocate to be convicted because of a client's false statement. Article 509 of the National Criminal Code contradicts: Article 1 paragraph (3) of the 1945 Constitution which states: The State of Indonesia is a State of Law.]]>
<![CDATA[Alternative Punishment In The Criminal Justice System ]]>
<![CDATA[Murshal Senjaya]]>;
<![CDATA[Wilman Supondho Akbar]]>
<![CDATA[ LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 1 (2024): April : International Scientific Journals of Social, Education, Humanities ]]>
Publisher : <![CDATA[Badan Penerbit STIEPARI Press ]]>
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DOI: 10.56910/literacy.v3i1.1404
<![CDATA[The urgency of alternative punishment as a substitute for imprisonment related to the purpose of punishment is driven by sharp criticism and dissatisfaction with prison sentences, especially short-term sentences, which are considered to have more negative effects (having the nature of suffering and not developing the perpetrators of criminal acts) and are no longer effective in improving the perpetrators. and tackling crime. In realizing its objectives, punishment must uphold a person's honor and dignity, punishment must also be able to make people fully aware of the actions they have committed and cause them to have a positive and constructive mental attitude towards efforts to overcome crime and the punishment is felt to be fair both to the convict and to victims or by society. Purpose theory (utilitarian) is the basis for the purpose of punishment, namely that punishment is not to decide the absolute demands of justice. So in essence there are two main aspects in the purpose of punishment which are legal interests that are to be protected in a balanced manner, namely the interests of society and the interests of the individual (perpetrator of the crime). As well as using punishment in accordance with the modern school of punishment, this school requires individualization of punishment to carry out rehabilitation and resocialization of individuals and perpetrators of criminal acts. Social work penalties can be imposed by a judge in order to minimize overcrowding in correctional institutions by implementing Article 20 of the Criminal Code or through sociological teleological interpretation of the law by harmonizing with existing regulations and not conflicting with applicable legal rules through procedures for investigating correctional institutions that experience excessive capacity. first to be submitted to the Minister of Law and Human Rights]]>
<![CDATA[APPLICATION OF CRIMINAL LAW TO UTILIZATION ARTIFICIAL INTELLIGENCEIN INDONESIA ]]>
<![CDATA[Murshal Senjaya]]>
<![CDATA[ International Journal of Social Science Vol. 3 No. 4: December 2023 ]]>
Publisher : <![CDATA[Bajang Institute ]]>
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DOI: 10.53625/ijss.v3i4.6990
<![CDATA[In Indonesia there are no specific legal regulations that regulate AI, this is the reason the ITE Law has an expansion to regulate legal regulations related to AI. In the ITE Law, AI is an electronic system and electronic agent where the elements contained in the legal regulation of electronic systems and electronic agents in this case are in accordance with the characteristics of AI in carrying out the actions and deeds it carries out. In relation to actions carried out by AI, those who have the authority to be responsible under the ITE Law are electronic system administrators who consist of legal subjects who can be held accountable for the use of AI. The use of AI from a criminal law perspective, in this case, AI cannot be classified as a legal subject, because according to several experts, the concept of responsibility is that it has awareness and can will its actions, and as is known, AI does not have awareness of the actions it carries out and also AI cannot will it. regarding the possibility of a criminal act being committed, and from a criminal law perspective related to responsibility in the use of AI, the creators and users of AI can be held responsible for the actions committed by the AI. Because humans are absolute legal subjects in criminal law who have awareness and an element of intentionality regarding the actions and actions carried out by AI]]>
<![CDATA[Cyber Crime And Criminal Law In The Era Of Artificial Intelligence ]]>
<![CDATA[Murshal Senjaya]]>
<![CDATA[ International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijls.v1i4.210
<![CDATA[The legal framework has significant potential to address cybercrime with the help of Artificial Intelligence (AI), which increases the efficiency of detecting, investigating and prosecuting increasingly sophisticated cybercriminals. This technology can perform big data analysis, pattern recognition and identification of suspicious behavior, but the legal framework needs to be updated to cover new crimes such as AI-based fraud and automated cyberattacks. The challenges in law enforcement related to the misuse of AI are quite complex, especially due to the lack of specific regulations to regulate its use in the context of cybercrime. Existing regulations often do not cover new situations, thus reducing the effectiveness of law enforcement. To overcome these challenges, legislators need to update regulations and develop ethical guidelines, while international collaboration and capacity building of law enforcement through education and training are also essential to increase the effectiveness of handling cybercrime.]]>
<![CDATA[Criminal Law Reform in Indonesia: Has Been Critical of the New Criminal Code ]]>
<![CDATA[Murshal Senjaya]]>
<![CDATA[ Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March ]]>
Publisher : <![CDATA[PT. Anagata Sembagi Education ]]>
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DOI: 10.62872/2sfg8408
<![CDATA[The criminal law reform in Indonesia is one of the important efforts to answer the challenges of community development and ever-evolving social dynamics. One of the main milestones in this criminal law reform is the ratification of the new Criminal Code (KUHP) which has gone through a long process from the beginning of its drafting to becoming a valid legal product. This study aims to analyze how critical the new Criminal Code is to the need for criminal law that is fair, progressive, and in accordance with democratic values and human rights. Through a qualitative approach, this study explores various aspects of the changes that have taken place in the new Criminal Code, in terms of substance, procedure, and implementation in legal practice. In addition, this study also critically examines whether these changes can address the challenges of modern criminal law, and whether the new Criminal Code is capable of creating a more responsive and inclusive legal system. The results of this study are expected to contribute to a deeper understanding of the relevance of criminal law reform in the context of social and legal change in Indonesia, as well as to serve as evaluation material for policy makers and legal practitioners in implementing a new Criminal Code that is more effective and equitable]]>
