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Ismaidar I, Ismaidar

Universitas Pembangunan Panca Budi

Author-ID : 5434032

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Legal Review Of The Responsibility Of Online Gambling Criminal Acts In Indonesia Joko Christopher Samosir; Suci Ramadani; Ismaidar Ismaidar
International Journal of Sociology and Law Vol. 2 No. 2 (2025): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i2.603

This study discusses the accountability of perpetrators of online gambling crimes in Indonesia from the perspective of applicable positive law. Online gambling is a form of cybercrime that has developed along with advances in information and communication technology, and has various negative impacts on society, including economic losses, moral damage, and increasing crime rates. The main focus of this study is to examine how legal regulations in Indonesia, especially in the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and other related regulations, regulate and ensnare online gambling perpetrators, both as the main perpetrators, platform providers, and service users. This study uses a normative juridical method with a statutory approach and a case approach. Data were obtained through literature studies and analysis of relevant court decisions. The results of the study show that although Indonesian positive law has regulated the prohibition of gambling, there are still gaps in norms and challenges in implementation, especially related to evidence, jurisdiction of cross-border perpetrators, and adaptation of law enforcement officers to digital modus operandi. The conclusion of this study emphasizes the need for synchronization of regulations and increased law enforcement capacity, including the formation of more comprehensive special regulations regarding online gambling crimes. This is important so that the criminal responsibility of the perpetrator can be enforced effectively within the framework of justice and legal certainty.

Law Enforcement Against the Criminal Acts of Lobster Seed Smuggling in West Tanjung Jabung Regency : Study of Case Register Decision Number: 144/Pid.Sus/2023/Pn.Klt Daniel Edward Hernando Situmorang; Ismaidar Ismaidar; Muhammad Arif Sahlepi
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.707

Lobster is one of Indonesia's marine resources that has high economic value and is very important for the country's economy, but excessive lobster fishing and smuggling of lobster seeds have caused a decrease in the productivity of marine resources and significant state losses, so effective law enforcement efforts are needed to protect Indonesia's marine resources from these illegal acts. The problem in this study is how the law is enforced by the West Tanjung Jabung Police against the crime of smuggling lobster seeds (Study of Case Register Decision Number: 144 / Pid.Sus / 2023 / Pn Klt ), and what factors are the causes. The research method used is normative juridical, a type of legal research that focuses on the analysis and interpretation of legal norms that apply in a legal system. The study shows that the three defendants in the crime of smuggling lobster seeds were sentenced to 2 years in prison and a fine of IDR 5,000,000 based on Article 27 number 26 Article 92 of Law Number 6 of 2023 concerning Job Creation. The factors causing this crime include internal factors (economic and education) and external factors (politics, environment, and lack of security). Suggestions from the study are: Reviewing the lobster seed export policy. Improving coordination between law enforcement officers and community participation. Improving the capacity and competence of law enforcement personnel.

Scope of Law in Implementing the Law on Money Laundering in the Framework of Eradication of Criminal Acts of Corruption Efermin Gulo; Azhali Siregar; Ismaidar Ismaidar
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.742

White-collar crime has evolved to a transnational scale, transcending national boundaries. The crimes are increasingly sophisticated and well-organized, making them difficult to detect and eradicate effectively. Criminals continually seek to secure their proceeds through various means, including complex schemes of money laundering involving international financial networks. To enforce the law on money laundering, proof of the occurrence of money laundering is necessary. Therefore, prior to carrying out the investigation, several key elements must be understood, including the basic concepts of money laundering, the methods of money laundering, and indirect methods of evidence. The crime of money laundering is based on Law No. 15 of 2002 and has been carried out in accordance with the applicable provisions, namely Law No. 8 of 1981 concerning the Criminal Procedure Code (KUHAP), and the Procedural Law contained in Law No. 15 of 2002 concerning the Crime of Money Laundering as amended by Law No. 25 of 2003 concerning Amendments to Law No. 15 of 2002 concerning the Crime of Money Laundering. Obstacles that arise in investigating money laundering crimes can be categorized into two categories: legal and non-legal. Legal obstacles include provisions on bank secrecy, investigators' obligations to protect reporters and witnesses, investigators' incomplete perceptions of money laundering, and incomplete information from the Financial Transaction Reports and Analysis Center (PPATK). Non-legal obstacles include reporters not necessarily being victims, limited human resource capacity of investigators, lack of adequate facilities, minimal public awareness, insufficient institutional coordination, and technological gaps that hinder optimal enforcement efforts.

Corporate Criminal Liability In Environmental Pollution Crimes T. Riza Zarzani; Ismaidar Ismaidar; Mula Sihombing
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.101

Corporate crime against the environment is a major crime and is very dangerous for human life. Even though there are laws that regulate forms of legal sanctions for corporations, in fact environmental pollution still occurs. In environmental criminal cases involving corporations, the principle of absolute responsibility should be applied, so that the application of absolute responsibility can be expanded. This means that the sanctions that will be imposed on the perpetrators are not only civil compensation claims but also criminal legal protection. Legal sanctions for corporations proven to have committed criminal acts of environmental pollution include imprisonment, fines and additional penalties. Law Number 32 of 2009 concerning Environmental Protection and Management states that the criminal act referred to is committed by or on behalf of a legal entity, company, association, foundation or organization, the threat of a criminal fine is increased by one third. The method used in this research is normative legal, namely research that refers to legal norms contained in statutory regulations, literature, legal norms that exist in society and the data obtained. The type of research used is qualitative research which is carried out by examining literature materials in the field of law and legislation relating to legal policies for corporations that commit criminal acts of environmental pollution. This research aims to determine criminal liability for corporations that are proven to have committed environmental pollution and to determine the factors inhibiting criminal liability for corporations that have committed environmental pollution.

Application Of Criminal Sanctions Against Corporations For Human Trafficking In Indonesia Muhammad Safar; T. Riza Zarzani; Ismaidar Ismaidar
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.107

In recent years, news about human trafficking both domestically and across countries has increasingly been broadcast in print and electronic media. The rise in crimes that occur is caused by various factors that encourage perpetrators to commit crimes. Human trafficking is a practice of modern slavery that degrades dignity and can threaten the survival of the general public. The target or targets of this trading practice are usually people who earn low income and have low education. It is important to know that this crime can be committed individually or collectively. It is said to be joint if it is carried out in the name of a business entity and in the interests of the corporation based on the work relationship and work environment of the corporation. Corporations as legal subjects for the criminal act of trafficking in persons are regulated in Article 13 of Law of the Republic of Indonesia Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. The current obstacle is that the implementation or application of punitive sanctions against corporations is still not firm. This can be seen from the increasing number of cases where the perpetrator is a business entity or corporation. The method used in this research is a normative legal research method which examines legal materials such as books or articles that discuss human trafficking using secondary data for detailed analysis. qualitative. The aim of this research is to determine the factors that cause corporations to commit criminal acts of human trafficking in Indonesia and to find out how criminal sanctions are applied against corporations for criminal acts of human trafficking in Indonesia.

Criminal Law Sanctions for Illegal Logging of Forests Carried Out by Corporations Based on Law of the Republic of Indonesia Number 18 of 2013 concerning Prevention and Eradication of Forest Damage Ismaidar Ismaidar; T. Riza Zarzani; Arnovan Pratama Surbakti
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.109

Forest areas are open natural resources that have potential and an important role in supporting human needs. However, as time goes by, natural resources in the forestry sector are starting to decline due to the large number of business entities or corporations carrying out illegal logging activities. If this is allowed to continue continuously, damage to Indonesia's forests will increase and will have a major impact on the economy due to decreased state income. The research method used in this research is a normative legal method which examines Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction and other laws as research material by taking a statutory approach (Statute Approach) obtained from literature studies ( Library Research). This research aims to determine the impact of illegal logging carried out by corporations and to determine criminal legal sanctions for illegal logging carried out by corporations based on Law number 18 of 2013 concerning Prevention and Eradication of Forest Damage. From the problem formulations above, it can be concluded that corporate crime resulting from illegal logging activities is a major crime and is very dangerous and threatens the lives of humans, animals and plants.

Application Of Criminal Law Against Corporations For Criminal Actions Of Tax Evavasion Based On Law Of The Republic Of Indonesia Number 28 Of 2007 Concerning General Provisions And Procedures For Taxation Ismaidar Ismaidar; T. Riza Zarzani; Muhammad Faiz Hadi
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.116

Constitutionally, tax collection is regulated in Article 23A of the 1945 Constitution of the Republic of Indonesia which confirms that taxes and other coercive levies are for state needs as regulated by law. Tax regulations themselves are regulated in Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures. Tax is an official state levy on taxpayer citizens. What is meant by taxpayer is an individual or entity including taxpayers, tax holding agents and tax collectors who have tax rights and obligations in accordance with the provisions of tax laws and regulations. As time goes by and the development of economic globalization, there is a lot of potential for crimes or crimes in the economic sector committed by corporate business actors. The difficulty of holding corporations criminally liable results in many material and immaterial losses to the state. However, criminal liability in the form of strict liability can provide a solution to this problem. Where full corporate criminal liability (strict liability) states that corporations can be held criminally liable. This research uses normative research methods by taking a statutory approach and a conceptual approach. The data obtained in this research was through literature study by collecting data from secondary legal materials, namely primary data, secondary data and tertiary data related to the problem formulations that will be discussed in this research. Then the data obtained is analyzed and described qualitatively. The aim of this research is to determine the modus operandi of perpetrators in committing criminal acts of tax evasion based on Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures and to find out how criminal law is applied to corporations for criminal acts of tax evasion based on Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures.

Analysis of the Role of Legal Politics and Challenges in Post-Reformation Legal Reform Ismaidar Ismaidar; Tamaulina Br Sembiring; Muhammad Faiz Hadi
International Journal of Sociology and Law Vol. 2 No. 1 (2025): International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i1.291

Legal politics is one of the central concepts in the legal system which is closely related to state policy in the formation, application and change of law. This article examines the role of legal politics in legal reform in Indonesia post-1998 reform, with a focus on the challenges faced in implementing legal policies as well as evaluating the effectiveness of the changes that have been made. This research uses a qualitative approach with analytical descriptive methods, which aims to describe how legal politics can be an instrument that determines the direction and substance of legal reform in Indonesia. The results of this research show that although there has been progress in legal reform, major challenges still exist, especially related to the implementation of legal policies which are influenced by political dynamics which do not always support the creation of an effective and just legal system.

Criminal Law Politics Against Corruption Criminal Acts Through Hand-Catching Operation Ismaidar Ismaidar; Tamaulina Br Sembiring; Majidah Pohan
International Journal of Sociology and Law Vol. 2 No. 1 (2025): International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i1.292

As a system, the law will run well when the system is connected and working actively. The practice of criminal acts of corruption that occurs in Indonesia is increasingly sophisticated, systematic and widespread at all levels of society which has an impact on the amount of state financial losses. Various statutory regulations have been attempted to eradicate corruption, namely Law Number 31 of 1999 jo. Law Number 20 of 2001 and the Government has even ratified several articles of the 2003 United Nations Convention Against Corruption (UNCAC) through Law Number 7 of 2006. However, to date it is still unable and effective to enforce it in eradicating corruption. The Corruption Eradication Commission (KPK) has a system for dealing with corruption cases, namely Operation Arrest (OTT). anywhere in Indonesia. The type of research applied is normative legal research with a normative juridical approach, namely research carried out based on library materials which are secondary data. Based on the results of the research, it can be stated that in the politics of criminal law in dealing with criminal acts of corruption based on penal and non-penal policies, it is no longer effective in eradicating criminal acts of corruption which are detrimental to the country's finances and economy and the Corruption Eradication Commission's policy, which is included in one of its policies, is carrying out Hand Catch Operations, namely tapping. Tapping is the activity of listening, recording, deflecting, changing, inhibiting and recording the transmission of electronic information or electronic documents, whether using communication cable networks or wireless networks, such as electromagnetic radiation or radio frequency, including examining packages, postal mail, correspondence and other documents. Apart from that, the legal politics of dealing with criminal acts of corruption through Operation Capture of Arms, including the lack of regulations regarding wiretapping and entrapment carried out by the Corruption Eradication Commission, is vulnerable to violations of Human Rights (HAM), especially regarding entrapment, because entrapment is not recognized by law or as a criminal act. corruption in Indonesia.

Legal Politics of Extension of Term of Village Head Ibrahim Ibrahim; Ismaidar Ismaidar; Tamaulina Br Sembiring
International Journal of Sociology and Law Vol. 2 No. 1 (2025): International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i1.334

The extension of the term of office of the village head was motivated by a demonstration by almost all village heads throughout Indonesia who expressed their wishes and aspirations in front of the building of the People's Representative Council of the Republic of Indonesia, so that the term of office of the village head would be revised to be extended. This study aims to determine how the political legal turmoil caused by the extension of the village head's term of office in accordance with Law Number 3 of 2024 concerning Villages. By using a qualitative literature study method, this study analyzes more relevant literature to understand the influence of legal politics on the extension of the village head's term of office

Co-Authors , Rahul Ardian Fikri Agus Adhari Ali Sam'un Alimal Yusro Siregar Amartila, Luna Kendis Amos Harita Andi Gultom Andreas Nainggolan Andry Syafrizal Tanjung Angga Sahputra Sirait Annur, Rahmi Mailiza Ansori Maulana Anwar Ibrahim Aritonang, Timotius Arnovan Pratama Surbakti Asmarawati, Elly Asmawiah Nainggolan August Saut Maringan Sihombing Azhali Siregar Azhar AR Azhar. AR Bahirra, Aruf Batubara, Muhammad Miftahur Rizki Berlian Evi Yenni Pakpahan Bonar Yudhistira Bonari Tua Silalahi Br Barus, Mika Vinsensia Br. Barus, Juita Novalia Bukit, Efraim Abigail Chairuni Nasution Christine Natalia Pangaribuan Dalimunthe, Wirandi Daniel Edward Hernando Situmorang Denny Prabowo Dewi, Fatia Sari Efendi Rangkuti, Ewin Efermin Gulo Efraim Abigail Bukit Elisabeth Saragih Erwin Efendi Rangkuti Fadillah Aditya Pratama Fadillah Aditya Prtama Firman Halawa Gemilang, Gilang Gulo, Efermin Habeahan, Delianto Haharap, Rizki Nanda Fauzi Hairi Putra, Azfar Hamdi Armaoyuda, Ihsan Hanafian, Hanafian Harahap, M. Emirsyah Hussein Haris Putra Utama Limbong Hartama, Hartama Harun Firman Kurniansyah Hasibuan, Helviana Hasibuan, Ongku Sapna Fella Heru Suhendro Hutabarat, Samuel Ibrahim Ibrahim Irfan Rizky Pradya Ismed Jesslyn Elisandra Harefa Joko Christopher Samosir Jona Wira Karya Kasim Kasim Kevin Maisyan Rizaldi Mendrofa Krismanto Manurung Lasma Sinambela Lidya Rahmadani Hasibuan, Lidya Rahmadani Lindawati Br Surbakti M. Luqmannul Hakim Siregar Majidah Pohan Mangara Hutagalung Manihuruk, Yani Indah Sari Marice Simarmata Meliala, Nugraha Manuella MHD AZHALI Siregar Mhd. Ihwanuddin Hasibuan Muhamad ilham Muhammad Aldin Muhammad Arif Sahlepi Muhammad Daud Tarigan Muhammad Faiz Hadi Muhammad Mujahidin Za Muhammad Safar Muhammad safar Mula Sihombing Mus Mulyadi Musmulyadi Musmulyadi Nasution, Sudarno Hariadi Netty br Siahaan Netty BR. Siahaan Nugraha Manuella Meliala Nurdiana, Citra Ongku Sapna Fella Hasibuan Pakpahan, Andika Kelvin Franata Panenggaran, Nuke PERMAI YUDI Prabowo, Deny Putriani Nduru Rahmah Hayati Sinaga Rahmayanti Rahmayanti Rahmayanti Rahmayanti Raja arsyadil fiqry siregar Ramadani, Suci Restika Ndruru Rhea Ditya Aulawi Rifki, Mhd. Rifqi Fairuz Ula Risdawati, Irsyam Riza Sirait Robby Yusuf S Sembiring Roland Sahat Uli Banjarnahor Rudi Salam Tarigan Safar, Muhammad Sahlepi , Muhammad Arif Sahlepi, Muhammad Arif Saputra, Defri Dwi Saragih, Elisabeth Saragih, Romy Rohadi Sayaharani, Nabilah Sembiring , Tamaulina Br. Sembiring, Tamaulina Br. Servasius Edwin Telaumbanua Sihite, Ireny Natalia Putri Sihombing, Yossri Mantaw Silaen, Reinhard Mark Luhut Sinaga, Rahmah Hayati Sinambela, Lasma Sindi Aulia sinergilp, T Riza Zarzani sinergilp, Zufarnesia Sirait, Abdur Rahman Siregar, Azhali Siti Annisa, Siti Sitorus, Deskia Renata Suci Ramadani Sukardi Sukardi Sulaiman Sumarno Sumarno . Suramin Suramin Suramin, Suramin Surbakti, Arnovan Pratama Susanti, Rulita Suwirza, Eka Syaharani, Nabilah Syahranuddin, Syahranuddin T. Ikhsan Ansyari Husny Tamaulina Br Sembiring Tamaulina Br. Sembiring Tamaulina Br.Sembiring Tamaulina Tamaulina Tamulina Br. Sembiring Telaumbanua, Servasius Edwin Tengku Muhammad Reza Fikri Dharmawan Tengku Riza Zarzani Tengku Riza Zarzani N Welli Nirpa Pasaribu Wida Azlina Wildan Fahriza Wirandi Dalimunthe Yasmirah Mandasari Saragih Yoldy Israq Yossri Mantaw Sihombing Yudhistira, Bonar Yulia Christy Shintara Aruan YUSUF AFANDI, MUHAMMAD Zahra Syavica Zahrana Syavica Zakiy, Alfathin Zendrato, Ferawati Zeno Eronu Zalukhu Zulkarnain, Rifa

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Journal : International Journal of Sociology and Law