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All Journal Journal of Indonesian Legal Studies Lex Scientia Law Review
Bhanu Prakash Nunna
School of Law, RV University
Law, Crime, Criminology & Criminal Justice

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Illegal Online Loans in Indonesia: Between the Law Enforcement and Protection of Victim Angkasa Angkasa; Filep Wamafma; Ogiandhafiz Juanda; Bhanu Prakash Nunna
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.67558

Abstract

The phenomenon of online loans in Indonesia is becoming increasingly prevalent, accompanied by the proliferation of online loan provider services. However, this growth has also led to numerous instances of fraudulent practices within the online lending sector. This study aims to analyze the effectiveness of law enforcement and victim protection in cases of illegal online lending in Indonesia by comparing relevant laws and regulations. The findings of this study reveal that illegal online loans have severe consequences, resulting in victims suffering from material loss, psychological distress, physical harm, and social ramifications. Unfortunately, the current state of law enforcement falls short of delivering justice to the victims, as evidenced by the leniency of sentences imposed on offenders.
Development of a Restitution Model in Optimizing Legal Protection for Victims of Human Trafficking in Indonesia Angkasa Angkasa; Rani Hendriana; Filep Wamafma; Ogiandhafiz Juanda; Bhanu Prakash Nunna
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i1.67866

Abstract

This study aims to develop a model for the effective implementation of restitution criminal sanctions against individuals involved in trafficking in persons. The findings of this research hold strategic significance in terms of providing legal protection to victims and enhancing the concept of restitution. The study focuses on evaluating the effectiveness of imposing restitution sanctions on traffickers through judicial decisions in Indonesia. By employing a sociological juridical approach, this research examines legal norms and court rulings pertaining to prosecutors' charges against individuals involved in trafficking crimes. The analysis of these judicial decisions reveals that out of the cases reviewed, only seven included restitution sanctions, and none of the perpetrators fulfilled their restitution obligations. Instead, the offenders prioritized serving prison sentences over compensating the victims. Consequently, it is essential for prosecutors to prioritize the prosecution of perpetrators under the Law on the Eradication of Criminal Acts of Individuals. Furthermore, judges should consider utilizing the Law on the Eradication of Non-Criminal Persons and emphasizing imprisonment as an alternative to restitution.
Co-Authors Angkasa Angkasa Filep Wamafma Hendriana, Rani Ogiandhafiz Juanda Ogiandhafiz Juanda