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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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JURIDICAL STUDY ON CRIMINAL ACTS OF ONLINE TOGEL GAMBLING Mawaridi, Gholib Yudha; Nita, Surya; Zulfa, Eva Achjani
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 3 (2023): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i3.680

Abstract

Online gambling has gained popularity worldwide as a major entertainment industry. However, this growth has also brought about concerns regarding criminal activities such as fraud, money laundering, and illegal gambling operations. This study aims to analyze the considerations of judges in sentencing online gambling crimes and proving online togel gambling crimes. The research adopts a normative juridical approach (legal research) to examine the application of rules or norms in positive law using a statute-based approach. The analysis reveals that Article 303 and Article 303 Bis of the Criminal Code are utilized to address online gambling crimes, particularly online togel gambling. Although Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2011 regarding Electronic Information and Transactions can serve as a legal basis, it was not applied in this case. When deciding a criminal case, judges must take into account various factors, including ensuring that the actions charged meet the formulation of the offense and are in violation of the law, assessing the defendant's ability to be held accountable, and considering any justifications presented. Furthermore, the judge should also consider objective requirements, such as a complete indictment, case submission letter, and the case file. In the context of online togel gambling, evidence is evaluated using the theory of the Negative Legal System, which mandates at least two valid pieces of evidence as stipulated in Article 184 of the Criminal Procedure Code, in conjunction with the judge's own belief. Despite the availability of the Information and Electronic Transactions (ITE) Law as a legal basis, this study demonstrates the continued reliance on Article 303 of the Criminal Code for such cases, indicating that the principle of lex specialis derogat legi generali (specific laws override general laws) does not apply.
Judicial Pardon: Proyeksi Bunyi Putusan Hakim dalam Perkara Pidana Pasca Undang – Undang Nomor 1 Tahun 2023 Berlaku Adriyanti, Nadya Fitriza; Zulfa, Eva Achjani
Nagari Law Review Vol 8 No 2 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.8.i.2.p.356-370.2024

Abstract

If the judge determines that the defendant is guilty and has convincingly committed the act in question, but the act does not necessitate punishment based on specific considerations, Article 54, paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code authorizes the judge to grant forgiveness by passing a decision without imposing a penalty. Judge forgiveness, also known as judicial pardon or “rechterlijk pardon”, is one of the sentencing guidelines for judges in deciding criminal cases. Nevertheless, Article 54 paragraph (2) reveals that the factors to be considered by judges in exercising their discretion to grant forgiveness are primarily subjective, with no clear and objective indicators. Furthermore, there are no established guidelines for describing the results of a judge's decision to forgive and structuring the decision. This could lead to a lack of uniformity in judicial pardon decisions when the New Criminal Code comes into force. So, this article attempts to project the sound of the judicial pardon decision using normative legal research. This research indicates that several sentences of the judicial pardon decision can be applied by adopting various criminal choices.
Sinergi atau Konflik: Pasal 2 KUHP 2023 dalam Penegakan Hukum di Indonesia Efendi, Nindy Putri Nur; Zulfa, Eva Achjani
Nagari Law Review Vol 8 No 2 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.8.i.2.p.371-382.2024

Abstract

Adat law is original Indonesian law, which lives and develops in society; the law is a social institution, therefore in its implementation, the law not only looks at legal rules but also looks at the effectiveness of these rules in the social field in society, in National criminal law reform has provided a breath of fresh air in the implementation of customary law in enforcing criminal law as contained in the provisions of Article 2 of the 2023 Criminal Code. The customary law that applies in Indonesia has differences between one region and another. This research is of a nature statute approach in which the research will examine the extent to which customary law can be used in national law as per the provisions in the 2023 Criminal Code. The provisions of Article 2 of the new Criminal Code have their pluses and minuses regarding the application of customary law in national law. The position of customary crimes in the 2023 Criminal Code as additional criminal penalties will place customary sanctions no longer as imperative but as facultative.
Sentencing Guidelines and Rechterlijk Pardon in Article 54 Paragraph (1) and (2) of the Criminal Code 2023 Arianda Lastiur Paulina; Eva Achjani Zulfa
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 3 (2024): December : LITERACY : International Scientific Journals of Social, Education, H
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i3.1977

Abstract

This research examines the regulations and implications of Law No. 1 of 2023 concerning the Criminal Code (KUHP 2023). The study focuses on the application of sentencing guidelines and the authority of judicial pardon, as well as its impact on judges' performance. KUHP 2023, which replaces the Dutch colonial Criminal Code, was created to reflect the dynamic developments in law, society, and technology, as well as the Indonesian legal philosophy based on Pancasila and the 1945 Constitution. The new sentencing guidelines detailed in Article 54, Paragraph (1) of KUHP 2023 are expected to assist judges in considering proportional punishments, while judicial pardon provides flexibility in handling minor cases. This research employs a normative juridical method and secondary data, including legislation, court decisions, and legal literature, to analyze the implementation of sentencing guidelines and judicial pardon, and their implications in Indonesia's criminal procedure law.
PALESTINIAN-ISRAELI CONFLICT IN WAR AND PEACE APPROACH Marlini Alianita; Eva Achjani Zulfa; Bayquni
International Journal of Accounting, Management, Economics and Social Sciences (IJAMESC) Vol. 1 No. 6 (2023): Desember
Publisher : ZILLZELL MEDIA PRIMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61990/ijamesc.v1i6.106

Abstract

The Palestinian-Israeli conflict is a conflict that has been going on for decades and has not been resolved even though it has involved many countries to encourage the implementation of the peace process. The Palestinian-Israeli conflict is multifaceted, with various internal and external factors influencing the course of the conflict. In this paper the author tries to examine what approaches have been used in resolving the conflict, the method used by the author in compiling this paper is a qualitative descriptive approach based on literature studies or library research. In this paper the author finds that various initiatives and peace negotiations have been attempted to end the conflict between Palestine and Israel, ranging from the Reconciliation approach, the approach to the formation of two states to the proposal of confederation have also been carried out, but this has not found enlightenment in its settlement thus making it difficult for leaders to find common ground. Internationally, regional power dynamics, national interests, and external interventions are increasingly complicating the path to peace and to date the two-state solution remains the most widely supported option, the greatest challenge of which lies in addressing core issues and reconciling competing national aspirations. Achieving peace and stability in the region requires sustained dialogue, compromise, and commitment from all stakeholders involved.
Spatial Approach in Optimizing Human Resources of Immigration PPNS for Organizational Resilience in Immigration Law Enforcement Majdi, Muhammad Aditya; Zulfa, Eva Achjani; Handayani, Riska Sri
Eduvest - Journal of Universal Studies Vol. 5 No. 6 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i6.50783

Abstract

Immigration law enforcement in Indonesia requires human resources (HR) that are optimally distributed throughout the region to face increasingly complex dynamics and challenges. This article aims to explore the strategy of optimizing human resources in the Immigration Civil Servant Investigator Officer (PPNS) using a spatial approach, in order to increase organizational resilience in immigration law enforcement. A spatial approach was applied to analyze the distribution of PPNS Immigration human resources in various regions by considering geographical factors, population density, as well as the intensity of immigration activities and potential violations of the law. By utilizing spatial analysis, this study identifies areas that need to increase the number or quality of human resources, as well as formulate a more effective human resource distribution strategy. The findings of this study are expected to provide strategic recommendations for the government to strengthen organizational resilience and the effectiveness of immigration law enforcement through more efficient and spatial data-based human resource management.an abstract must accompany each manuscript; This abstract must be completely consistent on its own (eg, without numbers, tables, equations or reference citation), not exceeding 250 words and written as a paragraph. The abstract should include research objectives, methodology, and findings.
Personal Data Protection Violations By Fintech Lending in Indonesia Nurul Insi Syahruddin; Eva Achjani Zulfa
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.414

Abstract

The development of increasingly modern technology has changed the pattern of human behavior and work methods, which were initially conventional and then digitalized, one of which is marked by the presence of financial technology (fintech) lending. The rise of fintech lending development also has a negative impact, one of which is in terms of processing the personal data of fintech lending users. Hence, the Financial Services Authority formed POJK 10/2022. In connection with this, the PDP Law has also come into force in Indonesia. This paper aims to look at personal data protection violations by fintech lending, considering that two institutions have the authority to handle these violations. The method used is doctrinal legal research. The approach used is the statute approach. The results showed that to supervise fintech lending, it is necessary to classify its position first. If fintech lending is an LPBBTI organizer, it is supervised by OJK. Meanwhile, if fintech lending is the controller of personal data, it is supervised by the PDP Authority. As for reports or complaints of allegations and/or violations of personal data protection committed by fintech lending; examination and investigation of complaints of alleged violations of personal data protection; and imposition of administrative sanctions for violations of personal data protection by fintech lending are the authority of the PDP Authority, not OJK.
KETIMPANGAN ANTARA REHABILITASI DAN PEMENJARAAN DALAM PENANGANAN KASUS NARKOTIKA: TINJAUAN DISKRESI Sulistiandriatmoko, Sulistiandriatmoko; Zulfa, Eva Achjani; Ramadhan, Jelang
Journal Justiciabelen (JJ) Vol 4, No 01 (2024): January
Publisher : Univeristas Suryakancana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35194/jj.v4i01.3943

Abstract

ABSTRAKMasalah penyalahgunaan narkoba masih menjadi beban besar dalam penanganan kasus kriminal di Indonesia, terutama dengan adanya tuduhan terjadinya penyimpangan yang dilakukan oleh aparat kepolisian dalam pelaksanaan penyidikan. Penelitian ini ditujukan untuk menganalisis bagaimana diskresi digunakan oleh Penyidik Polri dalam kasus penyalahgunaan narkotika, faktor-faktor yang mempengaruhi, dan upaya penataan ulang yang diperlukan agar penggunaan diskresi menjadi lebih baik. Penelitian ini merupakan gabungan dari penelitian hukum empiris dan normatif, sementara analisis datanya menggunakan metodologi kualitatif dan kuantitatif. Kajian empiris dilakukan dengan mewawancarai Penyidik Polri, Klien Rehabilitasi Wajib, dan Anggota Tim Asesmen Terpadu. Sedangkan kajian normatif mengacu pada norma dan tolok ukur batasan diskresi yang diatur dalam Kitab Undang-Undang Hukum Acara Pidana (KUHAP) dan Undang-Undang Kepolisian, konsep teoritis tentang diskresi dan pendapat ahli hukum. Hasil studi menunjukkan bahwa penggunaan diskresi masih kurang tepat karena belum sesuai dengan ketentuan yang diatur dalam KUHAP dan Undang-Undang Kepolisian, kondisi tersebut dipengaruhi oleh berbagai faktor, baik internal maupun eksternal. Untuk mengatasi masalah ini, diperlukan rekonfigurasi yang menyeluruh agar penggunaan diskresi oleh Penyidik POLRI lebih baik. Penelitian ini bertujuan untuk mengidentifikasi faktor kunci yang menyebabkan kesalahan dalam penggunaan diskresi, serta memberikan rekomendasi untuk perbaikan praktik tersebut. ABSTRACTThe issue of drug abuse remains a significant challenge in handling criminal cases in Indonesia, exacerbated by alleged irregularities among police officers during investigations. This study investigates the discretion exercised by Police Investigators in drug abuse cases, examining influencing factors and proposing reconfiguration efforts for improved discretion usage. Employing a combination of empirical and normative legal research methods, data analysis involves both qualitative and quantitative approaches. Empirical research involves interviews with Police Investigators, Mandatory Rehabilitation Clients, and Integrated Assessment Team Members, while normative analysis refers to legal frameworks such as the Criminal Procedure Code (KUHAP) and the Police Act, alongside theoretical concepts and legal expert opinions on discretion. Findings reveal inadequate discretion in employment, diverging from legal provisions, influenced by internal and external factors. Addressing this, a comprehensive reconfiguration is essential to enhance Police Investigators' discretion usage. The study aims to pinpoint key factors contributing to discretion misuse and offer recommendations for its improvement, emphasizing alignment with legal norms and procedural requirements.
The Urgency Of Ratifying The Elimination Of Sexual Violence Draft Bill In The Perspective Of Criminal Law Ismail, Audaraziq; Zulfa, Eva Achjani; Yulianti, Lulu; Anggara, Matius Evan
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 5, No 3 (2021): JISIP (Jurnal Ilmu Sosial dan Pendidikan)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v5i3.2190

Abstract

Regulations on sexual violence or violence are scattered in several regulations in Indonesia. However, along with the rapid and massive technological development, new form of criminal offenses related to sexual violence have emerged which have not been accommodated in the statutory regulations. Too many  regulations related to sexual violence also create new problems, specifically overcriminalization, overlapping, and the lack of coordination and systematic fulfillment of the protection for the rights of victims of violence by authorized institutions. These problems are the fundamental why the elimination of sexual violence draft bill should be ratified immediately. Based on the reasons above, the elimination of sexual violence draft bill is interesting to analyze. This research was conducted with a statutory approach and an analytical approach using relevant legal concepts and theories. Criminal offenses related to sexual violence are regulated in several regulations, the Criminal Code, the PKDRT Law, the TPPO Law, the ITE Law, the Child Protection Law and the Pornography Law. However the law that exist are not comprehensive yet for the expansion of criminal offenses for violence and fulfillment of the rights of victims who are not the subject according to the law, as well as the issue of overregulation becomes the urgency whyelimination of sexual violence draft bill should be ratified immediately.Regulations on sexual violence or violence are scattered in several regulations in Indonesia. However, along with the rapid and massive technological development, new form of criminal offenses related to sexual violence have emerged which have not been accommodated in the statutory regulations. Too many  regulations related to sexual violence also create new problems, specifically overcriminalization, overlapping, and the lack of coordination and systematic fulfillment of the protection for the rights of victims of violence by authorized institutions. These problems are the fundamental why the elimination of sexual violence draft bill should be ratified immediately. Based on the reasons above, the elimination of sexual violence draft bill is interesting to analyze. This research was conducted with a statutory approach and an analytical approach using relevant legal concepts and theories. Criminal offenses related to sexual violence are regulated in several regulations, the Criminal Code, the PKDRT Law, the TPPO Law, the ITE Law, the Child Protection Law and the Pornography Law. However the law that exist are not comprehensive yet for the expansion of criminal offenses for violence and fulfillment of the rights of victims who are not the subject according to the law, as well as the issue of overregulation becomes the urgency whyelimination of sexual violence draft bill should be ratified immediately.
Gugurnya Hak Menuntut Terhadap Korporasi Akibat Pailit Ismail, Audaraziq; Zulfa, Eva Achjani; Yutcesyam, Yutcesyam; Lazira, Fatiatulo
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 5, No 3 (2021): JISIP (Jurnal Ilmu Sosial dan Pendidikan)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v5i3.2191

Abstract

Prosecution is basically an action by the public prosecutor to delegate a criminal case to the competent District Court so that it is examined and decided by a judge in a court session. With regard to prosecution, Article 109 of the Criminal Procedure Code states that there are 3 reasons for stopping prosecution, namely that an event is not a criminal act, there is not enough evidence collected by investigators to prove the fulfillment of the elements in a criminal act and for the sake of law. The Criminal Code, First, with regard to the application of the principle of ne bis in idem. Second, if the Defendant dies, Third, Expires, Fourth, Settlement outside the court, Article 82 of the Criminal Code has described if an offense is threatened with a fine only, then prosecution can be avoided by paying the maximum fine directly. Against corporations, prosecution is limited by a number of provisions, in this case also including when the corporation is bankrupt. That as a result, if the entire corporate assets are included in the bankruptcy code, there will be a transfer of corporate licenses and an impact on the liquidation process. Thus, based on the provisions of Article 142 paragraph (1) of Law no. 40 of 2007 concerning Limited Liability Companies, the corporation is dissolved. Thus, the prosecution of the bankrupt corporation can be dropped.
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