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All Journal Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana
Atika Zahra Nirmala
Universitas Mataram
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PENITENSIER DALAM PERSPEKTIF HAK ASASI MANUSIA Zahratul Ain Taufik; Ayu Riska Amalia; Atika Zahra Nirmala
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Vol 5 No 1 (2023): EDISI BULAN JANUARI
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalrectum.v5i1.2948

Abstract

Abstract The protection of human rights is not only attached to the individual human being, but also to other human beings. This is a consequence of humans as social beings who cannot be separated from other humans. Criminal Law is then present to regulate various acts that violate human rights which will then be punished. Criminal law, of course, cannot be implemented properly if there are no other legal sciences that accompany it, including Penitentiary law, which is known as the Law of Punishment or legal science that studies punishment. Penitentiary law is not a rule of law that can immediately punish criminals arbitrarily, but needs to consider human rights. This paper focuses on whether penitentiary law violates human rights or not. The purpose of this paper is to examine penitentiary law from a human rights perspective. This writing uses normative legal research methods with literature research techniques that are analyzed qualitatively using a statutory approach and conceptual approach. The results of the study concluded that Penitentiary Law is a rule that seeks to continue to fight for the human rights of people who have been violated by the perpetrator of the crime by punishing him, but the model of punishment given still takes into account the human rights of the convicted criminal. keywords: Human Rights, Criminal Law, Penitentiary Law
CATFISHING DALAM PERSPEKTIF HUKUM POSITIF INDONESIA Atika Zahra Nirmala; Ayu Riska Amalia; Nunung Rahmania; Zahratul’ain Taufik
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 9, No 1 (2023)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v9i1.7731

Abstract

This study aims to analyze catfishing in the perspective of Indonesian positive law. This research is a type of normative juridical research with statutory and case approach methods and then uses descriptive qualitative analysis techniques. The results of this study indicate that catfishing is one of the crimes that use technology by utilizing social media where catfishing which is a form of fraud in cyberspace with its modus operandi using a fake identity then showing interest in other people so as to form an emotional or romantic relationship, and then using the victim to benefit himself by giving something in the form of goods or money. Therefore, based on Indonesian positive law the act above is a crime which fulfills the elements in Article 378 of the Criminal Code and Article 35 in conjunction with Article 51 paragraph (1) of the ITE Law. With the existence of these rules can accommodate the crime of catfishing and the catfish although there is no cyberlaw that specifically regulates crimes such as catfishing.
Co-Authors Aryadi Almau Dudy Ayu Riska Amalia Nunung Rahmania Suheflihusnaini Ashady Zahratul Ain Taufik Zahratul'ain Taufik Zahratul’ain Taufik