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All Journal IJEBD (International Journal Of Entrepreneurship And Business Development) HUKUM BISNIS JOURNAL SCIENTIFIC OF MANDALIKA (JSM) YURISDIKSI : Jurnal Wacana Hukum dan Sains IBLAM Law Review Jurnal Pengabdian Masyarakat untuk Negeri (UN-PENMAS) Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Jurnal Hukum Sehasen Ulil Albab PESHUM
Evi Retno Wulan
Faculty Of Law, Narotama University Surabaya, Indonesia
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Hukum Sehasen

 1 
Limitation Of The Crime Of Embezzlement Of Foundation Financial Management Dodi Togatorop; Evi Retno Wulan
JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i1.5806

Abstract

The alleged misappropriation of funds by the Aksi Cepat Tanggap (ACT) Foundation has attracted public attention in Indonesia and raised questions about the use of Foundation funds, especially funds derived from public donations. This research aims to analyze whether the use of Foundation funds for salaries and the use of funds that are not in accordance with the program can meet the elements of the crime of embezzlement. The method used in this research is normative legal research using secondary data, such as laws and regulations, literature, and previous research results. The results of the analysis show that the use of Foundation funds for salaries can fulfill the elements of embezzlement crime if it meets three certain criteria, namely the receipt of salaries by the Foundation management, the relationship between the management and the founder of the Foundation, and the non-implementation of the Foundation's management directly and fully. Not only that, the use of Foundation funds that are not in accordance with the program can also fulfill the elements of embezzlement if it meets three criteria, namely the use of funds for personal interests, interests that are not in line with the objectives of the Foundation, and interests that are contrary to the Articles of Association of the Foundation.
Providing Additional Sanctions For Cybercrimes Related To Indecent Crimes Wahyu Tri Hartanto; Evi Retno Wulan
JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i1.5809

Abstract

Providing additional sanctions for cyber crimes related to immoral crimes is an important step in dealing with threats that arise in the era of digitalization. This article explores the urgency, types of additional sanctions that may be imposed, judges' considerations in imposing additional sanctions, and the challenges in implementing them. Cyber crimes related to immorality, such as the distribution of pornographic content and grooming, have a serious impact on victims and society. Therefore, providing additional sanctions aims to provide appropriate punishment to the perpetrator and prevent the recurrence of similar criminal acts in the future. Judges need to consider various factors, including the severity of the act, the impact on the victim, and the principles of justice and human rights in determining appropriate additional sanctions. Although faced with a number of challenges, cooperation between various institutions and relevant stakeholders is expected to strengthen law enforcement against cybercrime and provide better protection for society from threats in cyberspace.
The Principle Of Justice Ratio Decidendi Of The Judge In Decision Number 813 K/PID2-23 Missleini Missleini; Evi Retno Wulan
JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i1.5828

Abstract

Decision Number 813 K/PID2-23 is of deep concern in the legal field, especially regarding the analysis of the ratio decidendi principle of justice applied by judges in determining decisions. In this context, it is important to understand the various aspects that are taken into consideration by judges in making fair and just decisions. In this discussion, we will explore several key aspects that need to be considered in analyzing the principle of justice in Decision Number 813 K/PID2-23. These aspects include the principles of proportionality in the application of law, equality before the law, legal certainty, and rehabilitation and resocialization. This research also refers to the relevance and implications of the decision for the development of law and justice in society. It is hoped that this discussion can provide deeper insight into how the principle of justice ratio decidendi of judges is applied in the context of complex criminal cases such as Decision Number 813 K/PID2-23.
Co-Authors Achsia, El Aisna Putri Andre Abadi Santoso Ang, Felix Arif, Ingrid Angelina Lukito Boediningsih, Widyawati Dodi Togatorop Fairuz Rania Widamulya Fandy Firmansyah Handaru Dwi Lesmana Heru Kuswanto Indrati Rini, Indrati Long, Tjoe Kang Masrufa, Masrufa Missleini Missleini Muhammad Ihza Prayogo Muhammad Nuh Nur Farida Oktabiantoro, Dwi Renada Cipta Dewa Renada Cipta Dewa Rizky Pratama Robiatul Adawiyah Suwardi . Wahyu Tri Hartanto