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All Journal Jurnal Kriminologi Indonesia Al-Ahkam Sriwijaya Law Review Jurnal Ilmiah Kebijakan Hukum Jurnal Ius Constituendum Nagari Law Review Jurnal Meta-Yuridis JURNAL PENDIDIKAN TAMBUSAI JISIP: Jurnal Ilmu Sosial dan Pendidikan Jurnal Ilmu Kepolisian Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora JURNAL USM LAW REVIEW Cakrawala Repositori Imwi Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences LEGAL BRIEF Journal Justiciabelen (JJ) Indonesian Journal of International Law International Journal of Science and Society (IJSOC) POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Indonesia Law Review (ILREV) Indonesian Notary Journal of Law, Poliitic and Humanities Literacy : International Scientific Journals of Social, Education, Humanities Eduvest - Journal of Universal Studies International Journal of Accounting, Management, Economics and Social Sciences (IJAMESC) Asian Journal of Social and Humanities Jurnal Teknologi dan Komunikasi Pemerintahan
Eva Achjani Zulfa
Faculty Of Law Universitas Indonesia
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Social Sciences Other

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Diversion as an Instrument to Terminate Criminal Investigations Conducted by Children Through the Issuance of SP3 by Investigators Benito Harleandra; Eva Achjani Zulfa; Iza Fadri
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 6, No 1 (2023): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v6i1.7404

Abstract

This research is the result of research on diversion as an instrument for stopping criminal investigations through the issuance of SP3 by investigators against Children in Conflict with the Law (AKH) at the investigation stage. This research was conducted using qualitative descriptive research methods and analytical descriptive methods, namely research methods by describing data collected through library research, where researchers studied and took data from various literatures in the form of books, official reports, scientific journals, articles, and news. The results of the study show, firstly, if the diversification is successful and the results of the diversion agreement are stated, based on the decision of the District Court, the Investigator in this case the South Jakarta Metro Police issues an Investigation Termination Order (SP3) after the diversion agreement is fully implemented. Second, Article 109 paragraph (2) of the Criminal Procedure Code has limitedly stated the reasons that can be used by investigators as the basis for stopping an investigation, namely: (i) there is not enough evidence; (ii) the incident turned out to be not a criminal act; or (iii) the investigation is terminated by law. As such, diversion has no relevance to the termination of the investigation or diversion cannot be used as a reason to stop the investigation. Because diversion with the termination of the investigation is a different matter, both in terms of the reasons that form the basis for its implementation and the process.
Bjorka: A Cyber Crime Phenomenon Which Gets Support from the Community Using Analysis of Criminological Perspective Hegar Gagah Anantaka; Eva Achjani Zulfa; Surya Nita
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 6, No 2 (2023): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v6i2.7600

Abstract

Indonesia is experiencing several cybercrimes mostly in the form of online fraud and extortion, phishing and hacking. Since the Covid-19 pandemic hit, Indonesia has been faced with several hacking cases containing Indonesian people's personal data where this data was traded illegally on internet sites. One case that has received a lot of attention from the public in a longer period of time than usual is the hacking case by a hacker named Bjorka. However, the cyber crime case in the form of hacking and doxing that was carried out by Bjorka actually received support from the majority of Indonesian people rather than criticism. The criticism of the Indonesian people was actually directed at the government and this criticism was getting stronger driven by the hacktivism carried out by Bjorka. The research was compiled with the aim of knowing the background and factors that made the Bjorka cybercrime case different and popular among the public and thus gained support through a criminological perspective. The method used to compile this research is a qualitative method with literature study. This paper concludes that according to the RAT (Routine Activity Theory) Bjorka's cybercrime has succeeded in attracting the attention of the Indonesian people because Bjorka has the right motivation as an actor and target of victims, besides that government agencies are unable to maintain national cyber security with solidity. This study also has the conclusion that Bjorka received public support through his hacktivism on social media.
Asset Repairon the Corruption Eradication Commission: Strategies in the Fight against Corruption in Indonesia RA Gismadiningrat; Eva Achjani Zulfa; Surya Nita
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 6, No 3 (2023): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v6i3.7663

Abstract

The phenomenon of corruption as an extraordinary crime in Indonesia shows the existence of endemic corruption, which is accompanied by the emergence of significant losses to the state's finances. Efforts to enforce the law through the application of corporal punishment (prison) fines or additional punishment in the form of replacement money have not turned out to be maximal in rescuing stolen assets so that the state remains the victim. Asset recovery is one of the goals of new punishment and is one of the strategies of the Corruption Eradication Commission in dealing with criminal acts of corruption, but the implementation of asset recovery is not easy, the perpetrators always have various new and sophisticated modus operandi to hide/obscurate assets resulting from corruption, so that they are not traced. . This article aims to answer research: The research method uses empirical normative juridical research, with a statute approach and a case approach.. Through the application of the Balanced Probability Principle Theory and Non Conviction Based Asset Forfeiture, the mechanism for tracking money and following assets using money laundering and civil lawsuits articles needs to be placed as the main legal remedy besides criminal law enforcement, so that the implementation of asset recovery at the Corruption Eradication Commission can be carried out maximally.
Co-Authors Adriyanti, Nadya Fitriza Ahmad Sarinawi Almond, Mustaqim Andhita Indirayanti Anggara, Matius Evan Anisya Ramdlonaning Arianda Lastiur Paulina Arie Afriansyah Artha Febriansyah artha Febriansyah Audaraziq Ismail Audaraziq Ismail Banjarani, Desia Bayquni Bayquni, Bayquni Benito Harleandra Cahyono, Aditya Budi Efendi, Nindy Putri Nur Hamonangan Albariansyah Handayani, Riska Sri Hanita, Margaretha Hastu Nuring Yudanti Hegar Gagah Anantaka Hendy Febrianto Kurniawan Hidayatulloh Hidayatulloh Ilahi, M. Ridho Imam Khomaeni Hayatullah Indriyanto Seno Aji Ismail, Audaraziq Iza Fadri Jelang Ramadhan Kamarusdiana, Kamarusdiana Khusnus Sa'bani Lathifah, Amalia Lazira, Fatiatulo M. Nurul Irfan Mahendra Tri Octavianus Majdi, Muhammad Aditya Marlini Alianita Mawaridi, Gholib Yudha Muhamad Syauqillah Muhammad Syaroni Rofii Muhammad Yusuf Muslim, Fithriadi Nita, Surya Norcha Satria Adi Nugroho Nurkumalawati, Intan Nurul Insi Syahruddin Puspa Pasaribu RA Gismadiningrat Ramadhan, Jelang Ridwan Arifin Runturambi, Arthur Josias Simon Satria Fajar Putra Dipayana Sulistiandriatmoko, Sulistiandriatmoko Surya Nita Topo Santoso Viny Dwivi Yulianti, Lulu Yutcesyam, Yutcesyam