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REFORMULATION OF THE CRIMINAL LIABILITY AS AN ACTOR OF ONLINE PROSTITUTION: A NORMATIVE STUDY Juita, Subaidah Ratna
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 2, No 2 (2017): November 2017 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v2i2.12320

Abstract

One of the rational efforts used to tackle online prostitution activity is with the approach of criminal law through criminal law formulation as a concrete form of criminal responsibility to the perpetrators of online prostitution. There is no provision that regulates the criminal to the users of online prostitution services because of the maximum prevention of online prostitution itself. If there is no national regulation governing the matter, online prostitution users will feel secure and remain free to buy services for their satisfaction alone, while it is contrary to various aspects of norms in the ethical norms of society. Therefore a criminal law is required, related to criminal liability for users of online prostitution services. The method used is normative juridical, ie by examining or analyzing secondary data using basic materials, with legal sense as a set of rules or positive norms in the legislation system that regulates prostitution online, as well as using secondary legal materials, and tertiary. So this research is library research (library research), that is research to secondary data. Thus, the juridical-normative approach in the study is used to analyze issues relating to criminal law reform regarding criminal liability to online prostitution actor.
Legal Politics Of Criminal Responsibility In Reform Policy Juita, Subaidah Ratna; Junaidi, Muhammad -; Supriyadi, Supriyadi -
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3993

Abstract

Law Number 1 of 1946 established the Criminal Code (KUHP), which was once a translation of Wetboek van Strafrecht and will remain in effect until the end of 2022 with all of its changes. The fundamental ideal that the entire Indonesian people strives for—liberation from all notions of colonialism—is carried out through the dialectical process of the Criminal Code in legislative actions for 60 (sixty) years. Therefore, the adoption of Law Number 1 of 2023 respecting the Criminal Code expresses the concepts of decolonization, recodification, democratization of criminal law, and adaptive harmonization. This study focuses on the legal politics of criminal responsibility from the standpoint of national criminal law reform. It seeks to address the following issues: (1) What is the legal politics of criminal responsibility in current positive criminal law?; and (2) What is the criminal responsibility law's political reform policy at the national level? This study compares criminal culpability under the old and new Criminal Codes using a comparative approach and a juridical-normative approach as its primary methodology. The primary focus of this study is secondary data, which encompasses both primary and secondary legal resources. Qualitative analysis techniques were used to analyze the data in the interim. The study's findings demonstrate that the fundamental tenet of criminal law reform—the principle of balance—is a fresh approach to the legal politics of criminal responsibility in the context of national criminal law reform. This approach is motivated by the Pancasila balance values, which are defined as Godly, Human, and Community values.
REFORMULATION OF THE CRIMINAL LIABILITY AS AN ACTOR OF ONLINE PROSTITUTION: A NORMATIVE STUDY Subaidah Ratna Juita
Indonesian Journal of Criminal Law Studies Vol. 2 No. 2 (2017): Indonesia J. Crim. L. Studies (November, 2017)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/e578gr88

Abstract

One of the rational efforts used to tackle online prostitution activity is with the approach of criminal law through criminal law formulation as a concrete form of criminal responsibility to the perpetrators of online prostitution. There is no provision that regulates the criminal to the users of online prostitution services because of the maximum prevention of online prostitution itself. If there is no national regulation governing the matter, online prostitution users will feel secure and remain free to buy services for their satisfaction alone, while it is contrary to various aspects of norms in the ethical norms of society. Therefore a criminal law is required, related to criminal liability for users of online prostitution services. The method used is normative juridical, ie by examining or analyzing secondary data using basic materials, with legal sense as a set of rules or positive norms in the legislation system that regulates prostitution online, as well as using secondary legal materials, and tertiary. So this research is library research (library research), that is research to secondary data. Thus, the juridical-normative approach in the study is used to analyze issues relating to criminal law reform regarding criminal liability to online prostitution actor.