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All Journal Fox Justi : Jurnal Ilmu Hukum RechtIdee Journal of Shariah Economics
Wahyu Prawesthi
Universitas Dr. Soetomo Surabaya
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Impact of Legal Regulations on Innovation in Digital Donation Platforms for Youtube Streamers Agus Wardhono; Wahyu Prawesthi; M Syahrul Borman; Toong Hai Sam; Taffy Faiq Syahmi
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.30065

Abstract

This study investigates the regulatory implications for the development of digital donation platforms in Indonesia, with a particular focus on Saweria, which is widely utilized by YouTube content creators. The advancement of digital technology has facilitated innovative fundraising through donation-based crowdfunding, yet it simultaneously generates potential risks of misuse. Employing a normative juridical research approach, this study examines the vulnerability of digital donation platforms—initially intended to serve as financial support mechanisms—to exploitation for unlawful purposes, notably the dissemination and promotion of online gambling activities. The findings indicate that although the Information and Electronic Transactions Law (ITE Law), particularly Article 27 paragraph (2) jo. Article 45 as amended by Law No. 1 of 2024, stipulates prohibitions on gambling-related content with sanctions of up to six years imprisonment and/or administrative fines of IDR 1 billion, its enforcement continues to encounter evidentiary and procedural constraints. The study emphasizes the necessity for more specific regulatory frameworks, enhanced platform security, increased awareness among content creators, and coordinated multi-stakeholder collaboration to develop adaptive safeguards against digital criminality.
Juridical Analysis of Judicial Considerations in the Dispute Over Government-Owned Land in Surabaya Regarding Former Eigendom Verponding Land (Case Study of the Supreme Court's Revision Decision Number 1146 PK/Pdt/2025) Ipung Salvota Mauludin; Wahyu Prawesthi; Yustino Aribawa
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

Land disputes between colonial-era property claims and regional government asset inventories often trigger complex legal uncertainties in Indonesia. This study aims to analyze the consistency of the Supreme Court's legal considerations in Revision Decision Number 1146 PK/Pdt/2025 with national agrarian law principles and examine whether the decision violates the principle of verhandlungsmaxime (passive judge role) in protecting the assets of the Surabaya City Government. The research methodology employed is normative legal research with a statute approach, conceptual approach, and case approach. The findings indicate that the considerations in the Revision Decision are in full compliance with Law Number 5 of 1960 (UUPA) and Presidential Decree Number 32 of 1979, where land previously under Eigendom Verponding that was not converted by September 24, 1980, automatically became state land. As a result, the transfer of rights in 2006 to an individual was legally flawed based on the nemo plus iuris doctrine. Furthermore, the study concludes that the decision does not conflict with the verhandlungsmaxime principle, as the legal correction made by the judge reflects the principle of ius curia novit and the judicial obligation to protect regional assets for public interest. The research concludes that state sovereignty over remaining converted Western land rights is a key instrument in ensuring legal certainty in the management of regional assets.
Analisis Yuridis Rehabilitasi Narkoba Dalam Sistem Hukum Pidana Indonesia Firman Nurhidayah Riyadi; Wahyu Prawesthi; Subekti .; Noenik Soekorini
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i2.1118

Abstract

This study aims to analyze the implementation of drug rehabilitation policies within the Indonesian criminal justice system, particularly for drug addicts and victims. Rehabilitation is understood as a humanist approach based on restorative justice, focusing on recovery, not punishment. Although it is regulated by Law Number 35 of 2009 and several supporting regulations, the implementation of this policy has not been optimal. This study uses a normative juridical method with statutory regulations, conceptualization, and case studies. The results indicate that weak implementation of integrated assessments, limited rehabilitation institutions, social stigma, and disparities in understanding among law enforcement officials are the main obstacles. Data shows that the majority of drug abusers are only sentenced to prison, leading to prison overcrowding and low rehabilitation effectiveness. To achieve the goals of rehabilitation, policy reform is needed through strengthening regulations, standardizing therapy methods, improving human resource competency, and cross-sector integration. This study recommends that rehabilitation be viewed not merely as an alternative punishment, but as an integral, preventive, and corrective criminal policy strategy to create a recovery process that is rehabilitative, socially functional, and prevents relapse.
Polisi Dalam Mewujudkan Keamanan Dan Ketertiban Masyarakat Di Era Digital: Studi Kasus Pencemaran Nama Baik Muhammad Naufal Alif Riyadi; Wahyu Prawesthi; Subekti .; Fathul Hamdani
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i2.1119

Abstract

The development of information and communication technology has brought about significant changes in people's lives, including in legal and security aspects. Social media is now a primary means of communication accessible to various groups, but this convenience also opens up opportunities for crimes such as defamation. This study aims to analyze the police's handling of defamation cases via social media in the digital era and examine the forms of legal accountability for perpetrators. Using normative juridical research methods with legislative, conceptual, and case study approaches, this study examines relevant regulations, such as the Criminal Code (KUHP) and the ITE Law, particularly articles on insults and hate speech. The results show that the police play a crucial role in investigating and prosecuting cybercrimes, although handling them faces technical and social challenges. Law enforcement against defamation requires careful evidence, including the perpetrator's malicious intent and the impact on the victim. Furthermore, personal, family, educational, and social factors contribute to the rise in hate speech cases on social media. This study recommends increasing police capacity in digital technology and educating the public to be more judicious in using social media to maintain security and order in the digital era.
Pertanggung Jawaban Hukum Terhadap Pelaku Tindak Pidana Judi Online Muhammad Yusuf; Wahyu Prawesthi; Sri Sukmana Dmayanti; Dedi Wardana Nasution
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i1.1188

Abstract

The development of information technology has driven thetransformation of conventional gambling into a more complex digitalform, namely online gambling. This practice has become a seriousproblem in Indonesia because it not only harms individualseconomically and psychologically but also threatens social and legalstability. This study aims to analyze the legal regulations applicableto online gambling crimes and examine the mechanisms for lawenforcement in Indonesia. The method used is normative juridicalwith a statutory approach and case studies. The results show thatdespite the existence of several regulations such as the CriminalCode, Law No. 7 of 1974, and the Electronic Information andTransactions Law No. 11 of 2008 in conjunction with No. 19 of 2016,the implementation of law enforcement against online gamblingperpetrators still faces various obstacles, such as limited jurisdiction,technological constraints, and low public legal awareness. Therefore,regulatory reform, increased capacity of law enforcement officers,and cross-sector collaboration are needed to strengthen legalaccountability and the effectiveness of online gambling eradication inIndonesia.
Restorative Justice Sebagai Penyelesaian Tindak Pidana Malpraktek Dokter Pada Polda Jawa Timur Sulianto Sulianto; Wahyu Prawesthi; Moh. Taufik; Syahrul Borman
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i1.1203

Abstract

Health is one of the basic human rights guaranteed by the state as regulated in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia, in carrying out their duties, medical personnel, especially doctors, have a vital role in providing quality health services to the community. However, in practice, it is not uncommon for medical errors to occur which lead to allegations of malpractice crimes, for this reason a study was conducted on the Regulation of Restorative Justice as an Alternative to Settling Criminal Acts of Doctors' Malpractice and the justice and impact of Restorative Justice on the Medical profession, this study uses the Normative Juridical research method with three approaches, the Statute Approach, the Conceptual Approach, and the Case Approach, namely the Medical Malpractice case that has been reported by the Victim with a Public Complaint Report handled by the East Java Regional Police, for the report the doctor as the accused party made peace efforts facilitated by the East Java Regional Police investigators, at the request of the Reported Party the investigator made efforts to examine the material and formal requirements to continue the Restorative Justice efforts
Co-Authors Agus Wardhono Dedi Wardana Nasution Fathul Hamdani Firman Nurhidayah Riyadi Ipung Salvota Mauludin M Syahrul Borman Moh. Taufik Muhammad Naufal Alif Riyadi Muhammad Yusuf Noenik Soekorini Sri Sukmana Dmayanti Subekti . Sulianto Sulianto Syahrul Borman Taffy Faiq Syahmi Toong Hai Sam Yustino Aribawa