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All Journal LAW REFORM Pandecta Yustisia JADECS (Journal of Art, Design, Art Education and Culture Studies) INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES NUSANTARA : Jurnal Ilmu Pengetahuan Sosial Jurnal Komunitas Yustisia Journal of Law, Poliitic and Humanities SENTRI: Jurnal Riset Ilmiah Recidive : Jurnal Hukum Pidana dan Penanggulangan Kejahatan Jurnal Pengabdian Masyarakat: BAKTI KITA Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Siber International Journal of Advanced Law Indonesian Journal of Criminal Law Studies Seminar Nasional Pariwisata dan Kewirausahaan (SNPK)
Diana Lukitasari, Diana
Faculty Of Law, Sebelas Maret University, Surakarta
Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Tindak Pidana Pencurian Data Dan Privasi Pengguna Dalam Transaksi E-Commerce : Studi Kasus Pada Aplikasi Tokopedia Akila Nuranisa; Diana Lukitasari
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i2.145

Abstract

The development of information and communication technology facilitates transactions, including through e-commerce, but has the potential to present criminal acts of data theft and violations of user privacy. This research investigates the case of data leakage in the Tokopedia application in criminal law and corporate liability by Tokopedia. The analysis shows that Tokopedia can be criminally liable for its negligence in maintaining the security of personal data, such as the weakness of the data security system (encryption) and the lack of vigilance against hacker attacks. Tokopedia has several obligations in protecting users' personal data. This case shows the importance of corporate criminal liability and the company's obligation to protect users' personal data. Using the normative juridical method and statutory approach, primary data is obtained from the Tokopedia 2020 case study, while secondary data comes from primary and secondary legal sources. The results show that the Tokopedia data leak in 2020 is a criminal offense due to the negligence of PT Tokopedia, which is in accordance with the criminal law principle of Culpa Lata Unconscious. The Personal Data Protection Law emphasizes the responsibility of PT. Tokopedia in protecting personal data. Law enforcement needs to take firm action against the perpetrators of criminal acts to provide a deterrent effect.
Pengaturan Hukum Positif Di Indonesia Terkait Promosi Judi Online Di Media Sosial Davin Gerald Parsaoran Silalahi; Ismunarno Ismunarno; Diana Lukitasari
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 2 (2024): March: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i2.150

Abstract

This article analyzes the criminal offense of promoting online gambling, which is currently widespread on social media. The purpose of this article is to understand the legal frameworks regarding online gambling promotion on social media. The findings indicate that the regulations are found in Article 303 of the Indonesian Criminal Code (KUHP), Article 303 Bis, Article 426 of the New Indonesian Criminal Code (KUHP Baru), and Article 27 paragraph 2, Article 427 of the New Indonesian Criminal Code (KUHP Baru), and Article 45 paragraph 3 of the Indonesian Information Technology Law (UU ITE). The research method used in this writing is legal normative research with a statutory approach and a case approach. The legal sources in this research are primary and secondary legal sources, based on various regulations and various journals and academic writings. The result of the research is that within the online gambling regulations, there is a loophole, which is referred to as the "license" in the KUHP. The online gambling regulations in the Indonesian Information Technology Law are already in accordance with this.
Regulatory Framework on Compensation for the Restoration of Victims of Sexual Violence Purwadi, Hari; Lukitasari, Diana; Mayastuti, Anti; Abd Aziz, Hartinie; Cahyaningtyas, Irma
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.58181

Abstract

Compensation for crime victims based on  Law Number 12 of 2022 concerning Anti Sexual Violence has the potential for distortion due to the regulatory framework and the enforcement process. The article aims to examine the regulatory framework that ensures compensation as an instrument of victim restorations, whether it becomes a supplement or a substitution for restitution. Research methods using the upstream and downstream process models that emphesize regulatory design and process feasibility for payments, in which compensation has a role in victim recovery. The study result explain that compensation is formally a substitution for restitution. Compensation is not the primary goal, even though it is a state’s obligation. Law Number 12 of 2022 concerning Anti Sexual Violence thus emphasizes the use of direct restitution aimed at the recovery of victims and the rehabilitation of offenders. Compensation loses its meaning as a responsibility of the state that stands alone. Data from various decisions clarify that in cases where the offenders does not pay restitution, their property is confiscated and auctioned by the prosecutor to pay restitution. If it is insufficient, courts decide that imprisonment is a substitute and do not determine that the state has to pay compensation. 
Legal Analysis Of The Legal Status Of Authentic Deeds Forged By Notaries Putro, Fadli Asri; Riewanto, Agus; Lukitasari, Diana
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 4 (2025): Siber International Journal of Advanced Law (April - June 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i4.196

Abstract

Thesis entitled Juridical Analysis of the Legal Status of Authentic Deed forged by Notary examines the case of forgery of power of sale deed by Notary Madiyana Herawati based on Semarang District Court Decision Number 773/Pid.B/2021/PN Smg. The background of the problem is the need for legal certainty for victims of forged authentic deeds that harm land ownership rights. The research aims to evaluate the state's guarantee of certificate property rights and the judge's consideration in the verdict. Using the normative juridical method by referring to Law No. 2 of 2014, UUPA, and the Civil Code, the research found that the fake deed is null and void because it does not fulfil the requirements of an agreement (Article 1320 of the Civil Code). However, the judge's decision has not provided an effective remedy for the victim, Suratinah, regarding the transferred land ownership rights. The research concludes that there is a need for a judge's decision instructing the cancellation of legally defective certificates through the BPN and the provision of restitution to ensure justice. These results contribute to the understanding of the legal status of forged deeds and provide practical input for notaries, judges and the BPN in preventing and dealing with the forgery of authentic deeds.
Panopticon Strategy in Juvenile Delinquency Regulation and Rehabilitation in Indonesia Lukitasari, Diana; Hartiwingsih, Hartiwingsih; Subekti, Subekti; Primasari, Lushiana; Pratiwi, Dian Esti
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.48881

Abstract

This study addresses juvenile delinquency in Indonesia through a combined legal and social analysis, proposing innovative solutions for sustainable impact. Drawing inspiration from Michael Foucault's Panopticon theory, the study examines how Law Number 1 of 2023 on the Criminal Code interacts with evolving social dynamics. It advocates for a flexible legal framework that not only punishes but also emphasizes rehabilitation and social reintegration for adolescents. The research underscores the critical need for legal reforms that adapt to changing societal norms and challenges posed by information technology. It explores the influence of unrestricted digital media access on adolescent behavior, including phenomena like klithih, which reflects community and peer influences. The study's findings highlight the pivotal role of family, peers, and community in shaping youth behavior and calls for enhanced community-based education and supervision strategies. Consequently, the study proposes recommendations for a more humane and effective legal approach to juvenile delinquency. These include prevention strategies that empower communities in educating and monitoring young people. By advocating for a holistic and evidence-based approach, this research aims to inspire policymakers, legal practitioners, and the public to foster a supportive environment for Indonesian youth, paving the way for a brighter future.
INSTITUTIONALIZING CUSTOMARY COURT IN INDONESIAN JUSTICE SYSTEM AS AN EFFORT TO REALIZE ACCESS TO JUSTICE RIGHT FOR INDIGENOUS PEOPLE Mayastuti, Anti; Trini H, Luthfiyah; Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.35087

Abstract

This study aims to find customary court institution form in an effort to reinstitute customary court in Indonesia. This research is a prescriptive doctrinal legal research, using statutory and conceptual approaches. The data used is secondary data in the form of primary legal materials, while data analysis technique used is qualitative non-positivistic using hermeneutic interpretation method. Customary disputes are included in the realm of material law that occur in the space of indigenous peoples, if they are resolved by a different formal legal institution, namely the general court as regulated in Law no. 21 of 2001 on Special Autonomy for Papua Province. In principle, the customary court is the last judiciary based on customary law, but efforts to obtain justice (access to justice) and the truth are the human rights of everyone. Therefore, everyone who seeks justice must be interpreted as the right to obtain fair recognition, guarantee, protection and legal certainty and be treated equally before the law. The idea of reviving customary justice is important because as a body of customary courts it is in charge of adjudicating customary law disputes that occur in the community.
Criminal Liability Political Parties in Criminal Acts of Corruption: Indonesia Korea Comparison Lukitasari, Diana; Hartiwiningsih, Hartiwiningsih; Ginting, Rehnalemken; Subekti, Subekti; Pratiwi, Dian Esti
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 2 (2021): Indonesia J. Crim. L. Studies (November, 2021)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i2.33917

Abstract

Political parties are often in the spotlight because of the corrupt behavior of their members with the aim of party interests. The forms of criminal acts of corruption by cadres or political party administrators have various modes, including bribery, buying and selling positions, extorting strategic sectors, harming state finances, abuse of authority and misuse of budgets in development programs. Although there are many cases where political parties are suspected of being in the vortex of enjoying the proceeds of criminal acts of corruption, until now criminal responsibility is still borne by individuals, whether cadres or administrators of political parties. This study aims to provide an overview of the criminal liability arrangements of political parties in corruption in Indonesia and to conduct a comparative study of the accountability of political parties in Indonesia and South Korea. The research method used is non-doctrinal by taking secondary data sources with legal, conceptual and grammatical approaches. The results show that Indonesia still includes political parties as corporations, however, political parties in Indonesia are legal entities that cannot be held criminally responsible. South Korea is an example of a country that regulates criminal acts of political parties through their respective laws. In general, South Korea imposes criminal responsibility on persons or administrators of party members, not on the party itself.
The Concept of Corporate Criminal Liability in the Law on Information and Electronic Transactions Rahayu, Hartoto Suci; Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 1 (2021): Indonesian J. Crim. L. Stud. (May, 2021)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i1.29501

Abstract

The development of cyber crime gives birth to new facts that corporations can become perpetrators of criminal acts, therefore it is necessary to impose criminal responsibility on the corporation. The purpose of this research is to find out the criminal responsibility of corporations in Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions. The type of research in writing this journal is normative or doctrinal by using a statutory approach and taking primary and secondary legal materials. Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions adopts the doctrine of identification in imposing criminal liability on corporations. In addition, actions against the law by the management and / or staff of the corporation can be subject to criminal liability based on the doctrine of vicarious liability.
The Problematic Issue of Sharia Court’s Absolute Authority under Indonesia Judicial System Hastuti, Luthfiyah Trini; Mayastuti, Anti; Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 2 (2020): Indonesian J. Crim. L. Stud. (November, 2020)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i2.28111

Abstract

The amendment of the Sharia Court position within the Indonesia’s public court jurisdiction is contained in Article 27 of Law Number 48 of 2009 concerning Judicial Powers where the existence of the Sharia Court is no longer stated to be included in the scope of the special court within this law. The amendment set different tone from what is contained in Law No. 4 of 2004 which in the elucidation of Article 15 states that, the Sharia Court is part of a special court. The problematic issue of Sharia Court’s absolute authority in Aceh province under Indonesia judicial system is also the main study discussed in this article. At the end of the article, suggestions for improvement are also presented in order to strengthen the position of the Sharia Court in Indonesia judicial system.
URGENCY OF REGULATION REFORM OF BRIBERY OFFENCE AT PRIVATE SECTOR IN INDONESIA Umari, Nabila Ayu; Lukitasari, Diana; Ismunarno, Ismunarno
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 2 (2019): Indonesian Journal of Criminal Law Studies Vol 4(2), November 2019
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i2.21745

Abstract

Co-Authors Abd Aziz, Hartinie Afif, Maulana Yusuf Akila Nuranisa Alif Oksaryan Mulyana Alriansyah Sakhi Fauzan Andy Yanrudy Seconegoro Anieq Nisrina Shofwan Anita Zulfiani Anti Mayastuti Anti Mayastuti Auliasari, Anisa Budi Setiyanto Chatarina Muryani Davin Gerald Parsaoran Silalahi Dewantoro, Iqbal Bagas Dian Esti Pratiwi Dian Esti Pratiwi Dwi Anang Syukrisna Fafirani, Laila Nur Galih Pranata Ginting, Rehnalemken Hafidah, Amalia Rahma Hari Purwadi, Hari Hartiwingsih Hartiwingsih Hartiwingsih, Hartiwingsih Hartiwiningsih Hartiwingsih Hartiwiningsih Hartiwiningsih Hartiwiningsih Hartiwiningsih Hartoto Suci Rahayu I Gusti Ngurah Tri Marutama Iqbal Adi Handoko Irma Cahyaningtyas, Irma Ismunarno Ismunarno Ismunarno Ismunarno, ' Khotimah, Alvina Khusnul Kusuma Wardani, Dessy Lushiana Primasari Lushiana Primasari Luthfiyah Trini H Luthfiyah Trini Hastuti Luthfiyah Trini Hastuti Merlin Swantamalo Magna Muhammad Hanif Al Fitra Salam Nabila Ayu Umari Nadila Salsabila Putro, Fadli Asri Qamini S., Saras Hanin R. Ginting Rahayu, Hartoto Suci Rehnalemken Ginting Riewanto, Agus Rosita Candrakirana Rudy Wicaksono Herlambang Shofwan, Anieq Nisrina Subekti Subekti Subekti Subekti Subekti Subekti Syahrurrozi Syahrurrozi Rumenah Talitha Dzakiyah Azzahra Tika Andarasni Parwitasari Triana Rejekiningsih dkk Trini H, Luthfiyah Umari, Nabila Ayu Wahyuning Tyas, Srikandi Wardani, Dessy Kusuma Winarno Budyatmodjo Winarno MS SH Budyatmojo