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Police Efforts in Revealing Criminal Acts of Online Fraud Lalu Hedwin Hanggara; Boy Nurdin
Proceedings of the 1st International Conference on Social Science (ICSS) Vol. 2 No. 1 (2023): Proceedings of the 2nd International Conference on Social Science (ICSS)
Publisher : Green Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/icss.v2i1.92

Abstract

Crimes caused by the development and progress of Information Technology and Telecommunications are crimes related to the internet, or in foreign terms it is often called cybercrime. Cybercrime is a crime that takes advantage of technological developments, especially the internet. The internet, which presents cyberspace with its virtual reality, offers various hopes and conveniences, but behind that, problems arise in the form of a crime called cybercrime, both the computer network system itself and the computer itself which is the vehicle for committing crimes. There are a variety of digital scams such as phishing, lottery scams, video scams, identity theft and scareware. This study uses a normative juridical approach. The normative juridical approach is legal research carried out by examining literature or secondary data as the basic material to be examined by conducting a search of regulations and literature related to the problem under study. The efforts of the police in handling fraud cases online are guided by the Criminal Procedure Code (KUHAP) as well as in the Regulation of the Indonesian National Police Number 6 of 2019), namely as "Investigators and Investigators". The step taken by the Police is to trace the accounts used by the perpetrators of crimes, where the last whereabouts or position of the perpetrators of these crimes are.
The Ultimum Remedium Paradigm in Corporate Bankruptcy and the Problem of Balancing Creditor Protection and Debtor Business Continuity Tri Andika Syam; Boy Nurdin
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 4 No. 2 (2026): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v4i2.6246

Abstract

The development of modern bankruptcy law demonstrates a paradigm shift from solely liquidation mechanisms to an approach that places greater emphasis on business rescue and balancing the interests of the parties. The bankruptcy system in Indonesia, regulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, still tends to use bankruptcy as a rapid debt enforcement instrument, thus not fully reflecting the principle of ultimum remedium. This study aims to analyze the problem of balancing creditor protection with debtor business continuity and formulate a more proportional reconstruction of the bankruptcy paradigm. The research method used is normative legal research with statutory, conceptual, case, and comparative approaches. The analysis is conducted on the normative design of bankruptcy, the strategic practices of the use of bankruptcy petitions by creditors, the ambivalence of judicial discretion, and the inequality of protection between creditors and debtors. The results of the study indicate that the relatively simple requirements for bankruptcy petitions and the absence of a screening mechanism for business feasibility contribute to the tendency for premature liquidation. The existing paradigm is still dominated by a creditor enforcement orientation, thus suboptimal business restructuring opportunities. Reconstructing the bankruptcy paradigm requires positioning bankruptcy as an instrument of ultimum remedium through an escalation model, prioritizing restructuring before liquidation, and implementing the principle of proportionality in judicial practice. Normative reforms are proposed through strengthening the PKPU mechanism as a first remedy, reformulating the bankruptcy threshold, and developing a judicial balancing test that balances legal certainty with economic sustainability. This approach is expected to create a bankruptcy system that is more adaptive, fair, and aligned with the needs of the modern economy.
Legal Protection For Doctors In Providing Medical Services Dedet Steavanno; Boy Nurdin; Zudan Arief Fakrulloh
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 1 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1310.502 KB) | DOI: 10.58631/injurity.v2i1.19

Abstract

The rampant was reported in the mass media mass related to the doctor's profession, that many malpractices were found by doctors in Indonesia and according to the report of the central health legal aid institution, there were approximately 150 cases of malpractice even though most did not reach the court. Likewise, public reports to the Indonesian Doctors Association (IDI) from 1998 to 2004 were 306 cases of complaints of alleged malpractice. This condition causes anxiety or concerns among doctors, because if it does not help it is declared wrong according to law and when helped at risk, the patient or family is prosecuted if it is not in accordance with his expectations. Because of that, in addition to the obligations that must be met, doctors are also equipped with doctors' rights. Normatively these rights have been listed in the legislation which can be demanded its existence, especially regulated in Article 50 of the UUPK.
Restructuring the Regulation on the Crucial Role of Advocates in Realizing an Integrated Criminal Justice System in Indonesia Ridwan Anthony Taufan; Boy Nurdin
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1630

Abstract

The position and role of advocates are crucial in realizing an integrated criminal justice system in Indonesia. Advocates serve as a bridge for ensuring access to justice and protecting the legal rights of individuals, but their role often faces challenges due to a lack of effective coordination among law enforcement agencies. This research aims to analyze the critical role of advocates in improving the criminal justice system’s responsiveness and coherence. Using a normative legal research method, the study examines relevant regulations, particularly Law No. 18 of 2003 on Advocates, and explores their practical application through legal literature and secondary data analysis. The findings highlight that advocates play an essential role in fostering coordination among key elements of the justice system, including the police, prosecutor’s office, and judiciary. However, the study identifies significant challenges in optimizing their contributions, such as regulatory gaps and insufficient collaboration frameworks. Strengthening the regulation and coordination mechanisms for advocates is imperative for achieving a more integrated and effective criminal justice system. In conclusion, enhancing the advocate’s role as a law enforcer will contribute to a fairer and more efficient justice system in Indonesia.
The Influence of Transformational Leadership and Organizational Culture as Mediation on Employee Performance at Ciawi Regional Hospital Khoirul Rozikin; Boy Nurdin
Cognitionis Civitatis et Politicae Vol. 1 No. 6 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i6.1833

Abstract

This study aims to analyze the influence of transformational leadership on employee performance with organizational culture as a mediating variable at Ciawi Regional General Hospital (RSUD Ciawi). A quantitative approach was employed using the Structural Equation Modeling-Partial Least Squares (SEM-PLS) method. The sample was determined using Slovin's formula, resulting in 120 respondents consisting of RSUD Ciawi employees. Data were collected through structured questionnaires and analyzed using SEM-PLS software. The results revealed that transformational leadership positively and significantly affects employee performance (Hypothesis 1). Organizational culture also positively and significantly influences employee performance (Hypothesis 2). Furthermore, organizational culture effectively mediates the relationship between transformational leadership and employee performance, with a positive and significant effect (Hypothesis 3). These findings indicate that a strong organizational culture can enhance the impact of transformational leadership in improving employee performance. The practical implications of this study emphasize the importance of adopting transformational leadership styles and strengthening organizational culture to enhance employee performance. RSUD Ciawi management is encouraged to develop leadership programs that promote communication, motivation, and innovation while consistently implementing organizational cultural values. This study contributes theoretically to the literature on transformational leadership, organizational culture, and employee performance, particularly in the context of regional hospitals. Future research is recommended to explore other variables that may mediate or moderate these relationships, such as work motivation or job satisfaction.
Barriers to Law Enforcement Regarding Refugees in Indonesia Anggi Wicaksono; Boy Nurdin
Journal of Multidisciplinary Sustainability Asean Vol. 1 No. 6 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/ijmsa.v1i6.1820

Abstract

Background. Indonesia serves as a transit country for refugees awaiting placement in third countries under the facilitation of the UNHCR. As Indonesia has not ratified the 1951 Refugee Convention or its 1967 Protocol, the refugees’ stay is temporary, often extending from 5 to 15 years. During this period, they are housed in government-provided shelters with the support of the International Organization for Migration (IOM). Refugees, as legal subjects, must adhere to Indonesian laws. However, the stress and uncertainty they face may lead some to commit legal violations, challenging the law enforcement process. Purpose. This study aims to explore: (1) the types of legal violations committed by refugees, (2) the factors hindering law enforcement actions against refugees, and (3) the formulation of ideal norms for justice in law enforcement regarding refugees in Indonesia. Method. This research employs a normative-empirical approach, analyzing regulations and conducting interviews with law enforcement officials to identify barriers and solutions. Results. Findings reveal that refugees often commit minor legal violations, such as unauthorized work or theft. Challenges include language barriers, limited knowledge of refugee rights among law enforcement, and lack of comprehensive policies. Conclusion. The study highlights the need for improved legal frameworks, training for law enforcement officials, and better integration of refugee management systems to ensure justice and compliance with existing laws.
The Power of Proving the Testimony of a Child Without Being Sworn in Proving the Indictment of the Crime of Child Intercourse Siti Chusnul Nurlaela; Boy Nurdin
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1652

Abstract

Background: The testimony of children in criminal cases, particularly in cases of child intercourse, often presents significant challenges in Indonesia’s legal system. The issue arises when children provide testimonies without being sworn in, raising questions about their evidentiary value. Despite existing legal provisions, the criminal justice system faces difficulties in balancing the protection of children’s rights and ensuring the credibility of their testimonies. Objectives: This study aims to analyze the evidentiary power of child testimony without an oath in proving the indictment of child intercourse crimes. It seeks to identify gaps in regulation and implementation and provide recommendations for improving judicial practices. Methods: The study employs a qualitative approach, analyzing Indonesian legal provisions, case studies, and international comparisons. Data were collected from legal documents, court rulings, and interviews with legal practitioners. Research Findings: The findings indicate inconsistencies in judicial practices regarding child testimony. Factors influencing the credibility assessment include the child’s age, consistency of statements, and supporting evidence. The study highlights a disconnect between legal frameworks and their practical application. Conclusion: The study concludes that legal reform, enhanced capacity building for law enforcement, and a multidisciplinary approach are crucial for improving the handling of child testimonies. These measures can strengthen the criminal justice system while safeguarding children’s rights.