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Journal : journal of shariah economics

Tinjauan Yuridis terhadap Tindak Pidana Penipuan dengan Modus Sumbangan Fiktif di Media Sosial Eprilia Atriya Nur Afifah; Vieta Imelda Cornelis; Moh. Taufik
JOURNAL OF SHARIA ECONOMICS Vol. 6 No. 2 (2024): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v6i2.1067

Abstract

Fraud using fictitious donations on social media is a phenomenon that is increasingly widespread in Indonesia. This method utilizes digital platforms to trick the public with emotional narratives and fake donation invitations. This article aims to analyze the juridical aspects of the criminal act of fictitious donation fraud, including the legal basis, law enforcement mechanisms, and protection for victims. The method used is a qualitative approach with literature study and case analysis. The research results show that perpetrators utilize false identities and misleading information to attract donations, while law enforcement faces challenges in terms of digital evidence and coordination between agencies. The proposed recommendations include increasing public digital literacy, strengthening regulations, and collaboration between social media platforms and law enforcement officials.
Perlindungan Hukum dan Perspektif Kriminologi Terhadap Pelecehan Seksual di Fasilitas Publik Anggarawan Tri Jayanto; Vieta Imelda Cornelis; Moh. Taufik
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 2 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i2.1143

Abstract

The crime of raping a child committed by a biological father is a formof sexual violence that is very concerning and has become a deepsocial and legal problem. This article aims to analyze the criminalliability of perpetrators of child rape by the biological father, byhighlighting various aspects of Indonesian criminal law, childprotection law, and the role of psychology in exploring the factors thatencourage this criminal act. The method used in this research is aqualitative approach with literature study and in-depth interviews withsources consisting of legal practitioners and forensic psychologyexperts. The results of the research show that perpetrators of childrape by the biological father can be charged with various articles inthe Criminal Code (KUHP), including articles on rape and sexualviolence against children, as well as factors that aggravate theconsequences of family relationships. This article also recommendsthe need for a multidisciplinary approach in handling this case,including preventive efforts involving the family, community and state.
Penegakan Hukum Ujaran Kebencian Yang Mengandung Diskriminasi Ras Dan Etnis Melalui Sosial Media Muchammad Choirur Roziqin; Vieta Imelda Cornelis; Moh. Taufik
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 2 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i2.1144

Abstract

Hate speech containing racial and ethnic discrimination on social media is increasingly becoming a serious problem in Indonesia. The existence of social media which can be accessed by almost all levels of society has a positive impact in terms of communication and information, but also increases the potential for the spread of hate speech which is detrimental to individuals and groups. This article aims to examine how law enforcement is against hate speech containing elements of racial and ethnic discrimination through social media in Indonesia. This research uses a qualitative approach, using literature study methods and in-depth interviews with legal practitioners, academics and information technology experts. The research results show that even though Indonesia has a legal basis regulating hate speech, its implementation still faces big challenges, especially related to monitoring in cyberspace and slow legal processes. This article also discusses the role of social media as a means of spreading discrimination and challenges to law enforcement, as well as providing recommendations for strengthening supervision and regulation regarding hate speech.
Tinjauan Yuridis Terhadap Tindak Pidana Penyalahgunaan Narkotika Golongan I Bagi Diri Sendiri (Studi Kasus Putusan Nomor 412/Pid.Sus/2024/PN.Mjk) Anggita Permadi; Sri Astutik; Noenik Soekorini; Vieta Imelda Cornelis
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/707cfq72

Abstract

Drug abuse is a serious legal and social problem in Indonesia. The distribution and consumption of narcotics not only impact public health but also have complex legal implications in the criminal justice system. This study aims to analyze the application of substantive criminal law to the crime of drug abuse class I for oneself and examine the judge's considerations in handing down a verdict in case Number 412/Pid.Sus/2024/PN.Mjk. The research method used is normative legal research with a statutory approach and a case approach. The data used consists of primary data in the form of court decisions and secondary data in the form of laws and regulations, legal literature, and scientific journals. The results of the study indicate that the application of criminal law to drug abuse for oneself still generates debate between a repressive approach through punishment and a rehabilitative approach. In the decisions analyzed, the judges considered juridical, sociological, and philosophical aspects in handing down a verdict against the defendant. This study concludes that the criminal justice system should prioritize a rehabilitation approach for drug abusers who are proven to be victims of dependence in accordance with the provisions of Law Number 35 of 2009 concerning Narcotics.