Garuda - Garba Rujukan Digital

Mohamad Ismed

Magister Ilmu Hukum, Universitas Jayabaya, Jakarta

Author-ID : 5315123

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document

Claim Missing Document

Articles

LEGAL CERTAINTY REGARDING THE IMPOSITION OF CRIMINAL EXTORTION SANCTIONS INVOLVING COMMUNITY ORGANIZATIONS (ORMAS) Heri Susanto; Ramlani Lina Sinaulan; Mohamad Ismed
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

The purpose of this study is to examine the legal certainty afforded to community organizations that commit extortion, as well as to analyze and propose criminal punishments against community organizations that commit extortion. The method utilized in this study is normative legal research, which is conducted in order to elicit the relevant data for the topic. The data used are secondary data and tertiary legal materials. The data analysis was conducted utilizing a qualitative method of legal analysis. According to the findings of this study, the government must be resolute in enforcing the law against a person who is a member and/or administrator of a community organization and who intentionally and directly or indirectly violates the provisions, including extortion, violence, and disturbing the peace and order. destroying public and social facilities, committing acts of hostility against ethnicity, religion, race, or class; engaging in separatist activities that jeopardize the Unitary State of the Republic of Indonesia's sovereignty; and adhering to, developing, and spreading teachings or understandings contrary to Pancasila. To ensure legal certainty for a person acting in conformity with existing legal provisions, Community Organizations are not an exception; on the contrary, Community Organizations lack legal certainty. Articles of extortion and threats as defined in Article 368 paragraph (1) of the Criminal Code (KUHP) criminal sanctions imposed on individual Ormas who commit the extortion crime specified in Article 368 of the Criminal Code still do not satisfy the community's sense of justice because the threats are only 9 (nine) years in prison, with no fines or other additional penalties to the organization concerned.

LEGAL PROTECTION OF PORNOGRAPHIC BEHAVIOR THROUGH SOCIAL MEDIA IN INDONESIA Titus Adhi Sanjaya; Ramlani Lina Sinaulan; Mohamad Ismed
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

This study aims to analyze and find legal protection against pornographic behavior in the context of divergent legal perspectives and the right to work, particularly via social media, as well as legal certainty and protection regarding the application and behavior of action porn and pornographic activities in Indonesia. This study is a descriptive analytic study. This study takes a normative legal approach through the use of the statutory approach and the conceptual approach. Researchers collect legal materials using the following strategies: Literature Studies, that is data collection techniques including the collection of reading materials, such as laws and regulations, as well as documents pertaining to the aforementioned issues. This technique is used to look for concepts, hypotheses, or viewpoints on a subject. The finding reveals that Criminal acts or pornographic crimes committed via mass/social media are prohibited under several laws, including the Criminal Code, Law No. 8 of 1992 concerning film, Law No. 36 of 1999 concerning telecommunications, Law No. 40 of 1999 concerning the press, Law No. 32 of 2002 concerning broadcasting, Law No. 11 of 2008 concerning information and electronic transactions, and Law No. 44 of 2008 concerning pornography. The existing positive criminal law governing pornography is silent on the principles used to define criminal activities and criminal responsibility. This situation frequently results in disagreements and also divergent approaches to the enforcement of criminal law in Indonesia.

PRE-TRIAL: THE SUSPECTS' ULTIMATE WEAPON AND CORRECTION TOOL FOR INVESTIGATORS TO BE MORE PROFESSIONAL FROM THE PERSPECTIVE OF LEGAL EXPEDIENCY Albertus Luter; Ramlani Lina Sinaulan; Mohamad Ismed
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

This study aims to determine the practice of holding pretrial hearings in Indonesia changed in the aftermath of the 2014 constitutional court ruling 21 / PUU-XII / 2014 as well as legal expediency accrue from pre-trial actions against suspects' determinations, both for the suspect himself and for the suspect. This study is a descriptive qualitative research with the use of normative legal research with primary data collection namely Court Decisions, Legislations which are analyzed using Legislative approaches, Case Approaches and Analytical Approaches. The findings reveal that Pretrial hearings were implemented in Indonesia following the constitutional court's decision Number: 21 /PUU-XII/2014, creating a new legal phenomenon in which suspects flocked to file pretrial legal efforts, which naturally clogged up relevant state institutions such as POLRI, KPK, the Prosecutor's Office as well as the District Court, where pretrial which had previously been viewed as a less popular legal effort, was instantly weakened as if it Advocates defending suspects and on the other hand, related institutions can prepare themselves by enacting a series of regulations requiring increased prudence in determining suspects in order to "survive" the new weapons of suspects known as Pretrial. However, when viewed through the lens of legal expediency, it is a positive thing for investigators because it means that Pretrial can be used as a tool of correction.

Title

Found 3 Documents
Search

Abstract

Abstract

Abstract

Title Search

Found 3 Documents Search

Abstract

Abstract

Abstract

Title

Found 3 Documents
Search