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All Journal Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Jurnal Keuangan dan Perbankan Syariah Mahkamah: Jurnal Riset Ilmu Hukum
Selly Salsabila
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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PENGGUNAAN DALIL PEMBELAAN TERPAKSA (NOODWEER) BERDASARKAN PASAL 49 AYAT (1) KITAB UNDANG – UNDANG HUKUM PIDANA (KUHP) TERHADAP TINDAK PIDANA PENGANIAYAAN Selly Salsabila; Mukhlis R; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Self-defense is a form of human defense in situations that threaten the safety of one'ssoul, decency and property. It is undeniable that this self-defense can also provide losses forperpetrators of criminal acts. Arrangements regarding self-defense are regulated in Article 49 ofthe Criminal Code. In that article it is said that a person who commits an act of defense for life,honor or property both for himself and for others cannot be punished. The purpose of this study,namely: First, criminal responsibility for perpetrators of criminal acts of persecution for self-defense according to Article 49 paragraph 1 of the Criminal Code when viewed from a justiceperspective, Second; the basis for the judge's consideration in the use of the forced defenseargument against the crime of persecution.This type of research can be classified as a type of normative research that examinesthe level of legal synchronization, because in this study the authors conduct research on legalsynchronization to what extent the existing written positive law is in accordance with itsapplication.In the results of research problems there are two things that can be concluded. First,actions committed by someone in the form of self-defense in a state of threat cannot be heldcriminally responsible. Second, there are differences in the judge's decision in passing hisdecision on the perpetrators of the crime of persecution for self-defence, where in the ManadoHigher Decision Number: 10/Pid/2013/PN.Mdo which does not apply Article 49 paragraph 1 ofthe Criminal Code. The author's suggestion, First: that in forming laws - laws provide moreexplanation of the formulation of articles in a more clear and straightforward manner so thatthere is no dualization of meaning by law enforcers and society. So that the meaning in Article49 paragraph 1 of the Criminal Code in particular can be conveyed and applied in cases of self-defense. Second, in making decisions, judges must uphold the principle of legal certainty, but theconcept of justice must be upheld in accordance with one of the objectives of the law itself. Inaddition, judges can also use other assistive sciences to become the rationale for knowing thesubjective elements of the offender.Keywords: Persecution – Forced Defense – Criminal Liability.
Perlindungan Hukum Hak Cipta terhadap Pembajakan Karya Digital di Indonesia Risma Fernanda Syafi’iyah; Siti Nur Afifah; Zahwa Sabila Nurul Lailiyah; Selly Salsabila; Mohammad Iqbal; Firza Agung Prakoso
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 3 No. 1 (2026): Januari : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v3i1.1467

Abstract

Digital copyright piracy remains a growing legal issue in Indonesia alongside the rapid development of information technology. This practice not only causes economic losses to creators and copyright holders but also reflects a gap between legal norms and social realities. This study aims to analyze legal protection for digital copyrights and to assess the effectiveness of Law Number 28 of 2014 on Copyright. This research employs a normative legal method using a library research approach by examining statutory regulations and relevant academic literature. The findings indicate that although Indonesia has established an adequate legal framework for copyright protection, its implementation remains ineffective due to low public legal awareness, weak law enforcement, and challenges in monitoring digital platforms. These findings emphasize that effective copyright protection requires not only comprehensive regulations but also synergy between the government, law enforcement authorities, and the development of a strong legal culture within society.
PERLINDUNGAN KONSUMEN DALAM EKONOMI SYARIAH : IMPLIKASI TERHADAP PRAKTIK BISNIS DI INDONESIA: Islamic Syariah Khairunnisa, Dina; Selly Salsabila
Jurnal Keuangan dan Perbankan Syariah Vol 4 No 2 (2025): Desember 2025
Publisher : FAKULTAS EKONOMI DAN BISNIS ISLAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jkubs.v4i2.5017

Abstract

Purpose: This study aims to analyze consumer protection in sharia business practices in Indonesia, particularly in ensuring justice, honesty, and transparency amid the rapid development of the sharia economy and the challenges of the digital era. Design/methodology/approach: This research uses a literature review method by collecting, examining, analyzing, and synthesizing relevant scientific sources, including journals, books, articles, and previous research reports related to sharia economics and consumer protection. Research Findings: The study finds that the principles of justice, honesty, and transparency are not only moral values but also practical foundations that strengthen interactions between business actors and consumers. Although Indonesia already has a sufficient legal framework for consumer protection, its implementation has not fully aligned with sharia economic principles. Strengthening regulation harmonization, consumer education, and supervision is essential to ensure consumer protection reflects Islamic values. Contribution/Originality/Novelty: This study contributes by offering a conceptual synthesis that integrates consumer protection regulations with core sharia economic principles. It highlights the urgency of harmonizing legal policies and strengthening sharia-based supervision to create fair, transparent, and sustainable business practices in Indonesia.
Co-Authors Khairunnisa, Dina Mohammad Iqbal Mukhlis R Prakoso, Firza Agung Risma Fernanda Syafi’iyah Siti Nur Afifah Tengku Arif Hidayat Zahwa Sabila Nurul Lailiyah