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All Journal Hasanuddin Law Review Jurnal Simbur Cahaya Kanun: Jurnal Ilmu Hukum
Oheo Kaimuddin Haris, Oheo Kaimuddin
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Law, Crime, Criminology & Criminal Justice

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Broadening of the Concept of Obscenity in the Draft of Indonesian Penal Code Rezky, Ali; Haris, Oheo Kaimuddin
Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (425.768 KB) | DOI: 10.20956/halrev.v4i2.1402

Abstract

The reform of the Indonesian Penal Code (KUHP) is necessary to accommodate the noble values of Indonesian society. Therefore, Indonesian criminal law should reflect the basic principles, cultural values that live within the inner niches of Indonesian society as a living law. The inclusion of several forms of obscene acts that exist within the extended Draft Penal Code is a manifestation of the philosophical, sociological and juridical framework of the Indonesian society. The extension of the concept of obscenity in the Draft of Indonesian Penal Code is in accordance with the philosophy of the Indonesian nation that gives religious values a fundamental place Consequently, the expansion of the concept of obscenity in the Draft of Indonesia Penal Code can answer some of the problems faced by Indonesian citizens.
CYBER DEFAMATION IN INDONESIA'S NATIONAL CRIMINAL CODE: AN ANALYSIS OF THE NEW PROVISIONS Abdaud, Faisal; Haris, Oheo Kaimuddin
Kanun Jurnal Ilmu Hukum Vol 26, No 3: December 2024: Law and Justice in Digital Age
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i3.34004

Abstract

This article investigates the impact of cyber defamation regulations within Indonesia's National Criminal Code (NCC), a topic worthy of investigation due to the significant changes in the definition and scope of cyber defamation offenses following the NCC's enactment. Through a normative legal research approach, the study examines legal rules, principles, and doctrines, employing both statutory and conceptual analyses. The findings indicate that the NCC's provisions on cyber defamation, as lex generalis, take precedence over Article 27 paragraph (3) of the Information and Electronic Transactions (ITE) Act, while Article 27A of the Second Amendment to the ITE Law remains in provisional effect until the NCC's full implementation in 2026. Notably, cyber defamation is addressed in seven articles (Articles 433-439) within the NCC, which also specifically cover defamation against the President, government, and state institutions. To mitigate potential ambiguities, the development of implementing regulations is recommended to clarify the application of these NCC defamation provisions. The changes align with established legal principles, ensuring a coherent and effective regulatory framework. This article contributes to a deeper understanding of the NCC's new cyber defamation provisions by analyzing their scope, implications, and the need for implementing regulations to ensure consistent and effective application.
Execution of Criminal Acts of Fines Can Not Be Fulfilled by Convicts in Mining Crimes Hermann; Haris, Oheo Kaimuddin; Rizky, Ali; Nur Hidayah, Elinda
Simbur Cahaya Volume 32 Nomor 2, Desember 2025
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/sc.v32i2.5056

Abstract

This study aims to analyze criminal legal instruments for fines that have passed the grace period in the mining sector and the implementation of criminal fines for convicts who have passed the grace period by the principle of legal certainty. This research and writing method applies empirical Law with a conceptual approach, principles, criminal law theory, law approach, and case approach. This study produces and answers the legal issue that the emergence can also see the application of fine penalties and the tendency to apply prison sentences cumulatively with prison sentences. The type of criminal sanction in the mineral and coal law is the main crime in Imprisonment, a fine, and Imprisonment. If the perpetrator is a legal entity, the type of fine sanction for the legal entity is plus 1/3 of the maximum criminal provisions of the fine imposed. Additional crimes include revoking business licenses and/or revoking legal entity status. Criminal liability in the mining sector can be imposed on individuals or legal entities as can be reviewed from the subject of criminal acts contained in the criminal provisions. The following finding is that the application of criminal sanctions and fines in criminal acts in the mining sector still raises problems; namely, there is a gap between criminal sanctions and fines in the formulation of the mining law due to the absence of explicit rules on the mechanism of coercive efforts so that the convict can carry out the fine imposed sentence. The existence of a criminal law option of fines can be replaced by prison sentences, causing many convicts to choose to serve prison sentences instead of fines. By serving a prison sentence, it is as if the convict has paid the fine in full.
Co-Authors Abdaud, Faisal Hermann Nur Hidayah, Elinda Rezky, Ali Rizky, Ali