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All Journal Jurnal Ilmiah Penegakan Hukum Ma'mal: Jurnal Laboratorium Syariah dan Hukum
Siti Nur Khadijah
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Law, Crime, Criminology & Criminal Justice

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Faktor Penghambat Penegakan Hukum Merek Di Sumatera Utara Muhammad Citra Ramadhan; Rizkan Zulyadi; Siti Nur Khadijah; Jaya Prana Pinem
Jurnal Ilmiah Penegakan Hukum Vol. 9 No. 2 (2022): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v9i2.7155

Abstract

This research was conducted in order to identify the factors that become obstacles in the enforcement of criminal law marks in the jurisdiction of the Regional Police of North Sumatra (Poldasu). The method used in this research is normative-empirical law research (applied law research). A literature study was conducted on the legal literature, a field study was conducted on respondents with in-depth interviews with 2 officers from the Criminal Investigation Unit at Poldasu. The results of the research and discussion show that law enforcement is influenced by several factors, which then become obstacles in the implementation of the process, such as: 1) Legal factors, where the term that refers to criminal marks in Law no. 21 of 2016 concerning Marks and Geographical Indications (UU MIG) uses the word “violation” and there are provisions for complaint offenses; (Constitution); 2) Law enforcement factors, namely the parties that form and apply the law; 3) Factors of facilities and facilities that support law enforcement; 4) Community factors, namely the environment in which the law applies and is applied. 5) Cultural factors, namely as a result of work, creativity and taste based on human initiative in social life
Pertanggungjawaban Pidana bagi Pelaku Penipuan Berkedok Robot Trading di Indonesia Perspektif Hukum Pidana Islam Siti Nur Khadijah; Syamsuri
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 5 No. 5 (2024): Oktober
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v5i5.396

Abstract

Abstract : Technological developments have made investment activities easier. However, this is often abused to commit criminal acts in the form of illegal investments, also known as fraudulent investments, using trading robots. This is inseparable from the lure in the form of high profits offered by irresponsible parties. This study aims to analyze the legal consequences for the perpetrators of trading robot fraud and the compensation for victims as a form of legal protection for victims. This research is a normative legal research, whose legal material comes from laws and regulations. The result of this study is that no regulation specifically regulates the appropriate sanctions to be applied to fraudsters under the guise of trading robots. This is because Article 378 of the Criminal Code, Article 28 paragraph 1 of the ITE Law, and Article 45 letter a paragraph (1) of the ITE Law do not accommodate the elements of fraudulent acts under the guise of trading robots. Compensation to the victim can be done through a restitution mechanism pursued through a civil lawsuit. Meanwhile, in the criminal realm, the perpetrator can be subject to the Money Laundering Crime Article (TPPU) so that the victim's assets can be returned through the mechanism of confiscating the perpetrator's assets obtained from the proceeds of the crime. In Islamic criminal law, sanctions that can be applied to fraudsters under the guise of trading robots are ta'zir.
Co-Authors Jaya Prana Pinem Muhammad Citra Ramadhan Rizkan Zulyadi SYAMSURI