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Examining Economic Crime Policy: Evidence from Indonesia Emiliya Febriyani; Topo Santoso
Journal of Judicial Review Vol 24 No 2 (2022): December 2022
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v24i2.7203

Abstract

The development of global economic activity has given birth to various types of new crimes in the economic field. To tackle crime in the economic field, Indonesia has Emergency Law No. 7 of 1955. However, the existence of Emergency Law No. 7 of 1955 is considered to have been unable to tackle crime in the existing economic field. In addition, there are currently many laws, outside Emergency Law No. 7 of 1955, regulating crime prevention in the economic field. This study aims to review and examine the existing economic crime policies in Indonesia. This research is normative juridical research with the library research method. The library materials used consist of primary, secondary, and tertiary legal materials. The information was then analyzed qualitatively and descriptively. The regulation of economic crime in Indonesia has been regulated narrowly and broadly. In a narrow sense, economic crimes are all actions listed in the TPE Act.
Tinjauan Putusan 18/Pid.Sus-Anak/2020 Pn Unh Terkait Kinderdoodslag Oleh Anak Di Bawah Usia Dalam Kontekstual Tindak Pidana Pembunuhan Tantimin Tantimin; Emiliya Febriyani; Dharma Putra
Innovative: Journal Of Social Science Research Vol. 3 No. 4 (2023): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v3i4.4153

Abstract

Penelitian studi kasus tindak pdiana pembunuhan yang dilakukan oleh Ibu terhadap bayinya (kinderdoodslag) usai dilahirkan merupakan perbuatan yang memerlukan upaya preventif yang serius untuk mencegah terjadinya. Penelitian ini membahas berbagai strategi preventif yang dapat diterapkan guna mengurangi risiko terulangnya kasus semacam itu. Melalui pendidikan seksual yang komprehensif serta penyuluhan kesehatan reproduksi kepada remaja serta calon orangtua, dukungan psikologis bagi ibu-ibu yang menghadapi tekanan emosional, meningkatkan pelayanan akses pada anak serta ibu serta kampanye kesadaran masyarakat mengenai pentingnya perlindungan anak, upaya preventif ini berfokus pada mengubah faktor-faktor pemicu serta menciptakan lingkungan yang lebih aman bagi ibu serta anak. Implementasi tindakan preventif yang holistik serta terpadu diharapkan dapat mengurangi insiden tragis semacam ini serta memberikan perlindungan yang lebih baik terhadap nyawa anak yang rentan.
The Problematics of conditional release decisions in law enforcement for corruption crimes in Indonesia Rufinus Hotmaulana Hutauruk; Emiliya Febriyani; Muhammad Faiz
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4641

Abstract

The granting of conditional release decisions to prisoners with corruption cases who have fulfilled the conditions for release from the sentence period in Indonesia has become a controversial event that is considered by the public in general. The granting of parole can make it easier for prisoners to be free without having to serve the full legal period imposed by the judge. This can actually be very detrimental to the state in various sectors such as the economy, education, investment, industry, finance and others. Especially if the perpetrator of corruption is a state official who is authorized to maintain welfare and legal justice in the community. The status and position of a perpetrator will be of concern to many people, especially in granting conditional release in Indonesia. This research is a normative juridical research with a statutory approach and conceptual approach. From the results of the research it is obtained that in order to grant the rights of prisoners, namely conditional release decisions, especially for corruptors, it must be accompanied by supervision from all levels and accompanied by careful consideration so as not to injure the principles of justice, certainty and usefulness in society.
Intellectual property synergies: merging halal certification with Indonesian communal intellectual property rights laws Disemadi, Hari Sutra; Alhakim, Abdurrakhman; Silviani, Ninne Zahara; Febriyani, Emiliya
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 1 (2024): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i1.30143

Abstract

Indonesia possesses significant potential to enhance and expand its halal industry, leveraging its unique cultural assets from many of its indigenous communities. One of the ways to ensure the growth of the halal industry is the facilitation of IPR protection through the legal framework. Using a normative method supported by a statutory approach, this research analyzed the challenges and potentials of integrating halal certification into the communal IPR system in Indonesia. The analysis found many restrictions within the existing positive laws which can prevent the integration of halal certification into the communal IPR system. This research proposed a model of communal IPR according to the challenges identified, along with the normative construction needed to establish it. This model mainly focused on providing normative spaces for the integration of sharia compliance while also making sure that the purposes of IPR protection are fulfilled.
Integrating Social Rehabilitation into the Education System for Adolescent Drug Addicts: Legal Framework, Potential, and Challenges Alhakim, Abdurrakhman; Anakotta, Marthsian Yeksi; Febriyani, Emiliya; Tan, Winsherly
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 1 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no1.3352

Abstract

Despite importance of education in overcoming drug addiction, the connection between the education system and the juvenile justice system remains unclear. Juvenile drug addicts often experience socially-disadvantaged situation, thereby social rehabilitation is an important aspect of recovery aside from medical rehabilitation. This research was performed to identify the challenges in social reintegration among juvenile drug addicts, describe the legal interplay between the relevant framework, and propose a model of legal development for the integration of social rehabilitation for juvenile drug addicts into the education system. Using normative legal research method and statutory approach, this research revealed numerous potentials and challenges in integrating social rehabilitation into the education system. A model consisting of normative reforms and practical framework of works is proposed to be applied by educational institutions and relevant government agencies. This research offers a vital step toward creating inclusive educational environments that prevent relapse and foster societal integration.
Preventing Illegal Apple Imports: How BP Batam Contributes in Free Trade Zone Silviani, Ninne Zahara; Febriyani, Emiliya; Hartono, Adi
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Batam is recognized as one of the regions within the Riau Islands Province designated as a Free Trade Zone (FTZ) in Indonesia due to its strategic positioning along international shipping routes. As a border region of Indonesia, it encounters challenges typical of other border areas, closely linked to issues of order, security, and national integrity. Moreover, within Batam, which serves as both a border area and an FTZ, a persistent issue revolves around the prevalence of illicit activities and the smuggling of foreign-origin products. The smuggling of electronic goods in Batam is driven by market demands beyond the city, seeking electronic items at comparatively lower prices than those in other regions. The lack of public awareness regarding the implications of purchasing illegal or smuggled goods constitutes a significant impediment to the eradication of illicit smuggling in Indonesia. This research employs the doctrinal or normative legal research method, utilizing secondary data obtained through a comprehensive review of literature such as books, journals, articles, and other relevant sources, including online resources. The choice of normative legal research method is justified by the research's objective, which aims to analyze the law from the perspectives of three fundamental legal values: justice, utility, and certainty. The findings of this research affirm that despite the legal regulations governing the criminal offense of smuggling and associated sanctions outlined in the legislation, the oversight implementation by BP Batam has not been entirely effective. This is evidenced by the continued occurrence of smuggling activities in Batam, attributed to various challenges encountered by BP Batam in their enforcement endeavors.
EFEKTIFITAS PENEGAKAN HUKUM TINDAK PIDANA RINGAN DI KOTA BATAM Tantimin, Tantimin; Febriyani, Emiliya; Pertiwi, Putri Nada
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8265

Abstract

The effectiveness of law enforcement is a crucial aspect in analyzing the performance of a country's legal system. The level of success in preventing law violations and creating a deterrent effect for potential criminals can be used as an indicator of effectiveness, both through existing legal theory and empirical approaches to law enforcement for minor crimes in accordance with applicable laws. The aim of this research is to identify the effectiveness of law enforcement against minor crimes in Batam City. The research method applied is the Empirical Legal Method, with data collection carried out through in-depth interviews with law enforcement officials, and researchers who are the key instruments for analyzing data accurately. The results of this research indicate that law enforcement against minor crimes in Batam City is in accordance with applicable operational standards. Analysis through interview data and a legal effectiveness theory approach shows that law enforcement against minor crimes in Batam City can be considered effective. These findings provide a clear picture of the achievement of law enforcement standards and their effectiveness, in accordance with relevant legal aspects.
The Link Between Hate Speech and Terrorism: A Critical Analysis of Indonesia’s Legal Framework Alhakim, Abdurrakhman; Situmeang, Ampuan; Tan, David; Febriyani, Emiliya
Nurani Vol 24 No 2 (2024): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v24i2.22058

Abstract

Hate speech and terrorism are two forms of crime that are similar in their discriminatory nature. The efforts to address these crimes are of significant importance, as they starkly contrast with the values that Indonesia holds dear and present serious threats to its multicultural society. This study aims to explore the correlation between hate speech and terrorism and to explain how this correlation may assist in the development of a legal framework that better addresses both issues. The research employed a normative legal approach to analyze the existing positive laws regarding hate speech and terrorism, aiming to identify correlations between the two. This normative legal research utilized a combined statutory approach, employing primary law sources as secondary data. The analysis revealed normative issues within the Indonesian legal framework that restrict the criminalization of offenses that fall between the legal definitions of hate speech and terrorism. These issues need to be addressed as an important step in Indonesia’s legal development to realize a safe society for all Indonesians.
Reforming Child Protection Laws to Secure the Right to Education for Rape Victims Agustini, Shenti; Febriyani, Emiliya; Hapsari, Autia Kurnia Putri
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 4, No 3 (2024): July - Sept 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v4i3.24401

Abstract

This research emphasizes the urgent need to update legal protections for student rape victims to ensure their right to formal education. Many victims face barriers to education following rape, losing opportunities to continue their studies. This study critically examines the need for legal reform to safeguard their educational rights, focusing on legislative frameworks and provisions. Using a case-based methodology and juridical-normative analysis, the research explores existing legal approaches, such as the General Law No. 12 of 2022 and Government Regulation No. 43 of 2017, which address restitution for child victims of criminal acts. The findings stress the responsibility of educational institutions and stakeholders to uphold education rights for all students, regardless of circumstances. The research contributes to the discourse on restitution, suggesting legal reform to ensure perpetrators cover the costs of education and support for victims, thereby offering a path forward in protecting vulnerable students.
Revitalizing Intellectual Property Rights in Indonesia: A Maqasid al-Sharia Perspective on Communal Ownership Disemadi, Hari Sutra; Al-Fatih, Sholahuddin; Silviani, Ninne Zahara; Rusdiana, Shelvi; Febriyani, Emiliya
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.11039

Abstract

Indonesia's diverse cultural heritage significantly contributes to its economic growth, yet the current intellectual property system, based on Western principles, may not fully align with the country's cultural values. This research aims to enhance the legal framework for Indonesia’s communal intellectual property (CIP), by exploring the potentials brought by of Islamic law, particularly Maqasid al-Shariah. For this purpose, this research utilizes the normative legal research method, analyzing relevant norms within existing laws and Islamic legal doctrines, revealing conceptual correlations between Maqasid al-Shariah and CIP. This research also aims to addresses the common misconceptions regarding Maqasid al-Shariah is crucial for effectively utilizing Islamic law principles in Indonesia's legal system. The analysis demonstrates that communal intellectual property aligns with both Western IP principles and Islamic values, as it recognizes the importance of community welfare and individual benefits. Integrating Maqasid al-Shariah values into Indonesia's CIP legal framework can promote a more inclusive, equitable system that respects collective knowledge and cultural heritage while fostering innovation and creativity.