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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.
PELAKSANAAN HAK KONSTITUSIONAL NARAPIDANA UNTUK MEMILIH PADA PILKADA SERENTAK YANG DAERAHNYA BELUM MEMILIKI LAPAS ZAHRATUL’AIN TAUFIK; DENI HARTAWAN; PUTRI RAODAH
GANEC SWARA Vol 18, No 1 (2024): Maret 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i1.783

Abstract

The purpose of this writing is to know and understand the implementation of the constitutional rights of prisoners to vote in simultaneous regional elections whose regions do not yet have prisons. It is known that constitutional rights are rights owned by every citizen. These constitutional rights are not limited only because a citizen becomes a prisoner or a person who is serving a sentence for committing a criminal offense. The existence of prisoners detained in detention centers outside the electoral districts is often missed in the process of updating voter data conducted by the KPU, so that so far the voting rights possessed by these prisoners have never been used properly. Problems related to the constitutional rights of prisoners related to the right to vote in Pilkada occur in several regions in Indonesia, one of which is in North Lombok Regency, West Nusa Tenggara Province. This paper is then conducted by collecting and reviewing literature legal materials sourced from various sources of literature, with a Legislative Approach approach that results in invitations and Conceptual Approaches, then analyzed with descriptive analysis methods. The implementation of Regional Head Elections for prisoners in the North Lombok area cannot be carried out, because the KPU as the election organizer does not provide polling stations for prisoners in North Lombok which makes the constitutional rights of prisoners not implemented