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Agus Siagian
Faculty Of Law Universitas Batam
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PENYULUHAN KESADARAN HUKUM SEJAK USIA DINI DI PANTI ASUHAN ISTANA YATIM AL-JUFRI Christiani Prasetiasari; Nicha Suwalla; Agus Siagian; Auliya Fitri Zaiana; Juli Artha Lubis
Jurnal Abdimas Bina Bangsa Vol. 5 No. 1 (2024): Jurnal Abdimas Bina Bangsa
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/jabb.v5i1.884

Abstract

The existence of law in society functions to maintain order, peace and harmony, as well as aligning human interests or needs in society and the state. The role of the law applies to every individual, including students, therefore it is necessary to provide legal awareness education from an early age, especially for the object of this service at the Al-Jufri Orphanage Palace.             Understanding the law is not only about avoiding violations, but also about instilling good values, such as justice, freedom and responsibility. Legal education needs to be taught from an early age. This aims to provide opportunities for students to understand how the law affects their daily lives, from basic rights, such as the right to quality education, to responsibilities as citizens
PENERAPAN HUKUM PIDANA TERHADAP PELAKU TINDAK PIDANA SIBER DI INDONESIA: ANALISIS PUTUSAN PENGADILAN Siagian, Agus; Alexander, Dony
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 9 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i9.3360

Abstract

This study aims to analyze how criminal law is applied to perpetrators of cybercrime in Indonesia through a review of several court decisions. With the increasing use of information technology, cybercrime has become a serious challenge in the criminal justice system. This study uses a normative juridical method with a qualitative approach through literature review and content analysis of court decisions. The results show that the types of cybercrime predominantly handled through the courts include online fraud, defamation, hate speech, and the distribution of illegal content. The application of criminal law by judges is carried out by referring to articles in the Criminal Code and the ITE Law, despite inconsistencies in interpretation and technical obstacles in electronic evidence. Judges' considerations in issuing decisions include aspects of legality, justice, and the social impact of the crime. However, there remains a gap between the ideal principles of justice and legal certainty and the reality of practice in the field. This study recommends harmonization of regulations, increasing the capacity of law enforcement officers, and strengthening jurisprudence as steps to improve law enforcement against cybercrime.
JURIDICAL ANALYSIS OF THE HIGH CRIMINAL ACTIONS OF CHILD ABUSE CASES IN THE FRAMEWORK OF IMPLEMENTING JUSTICE IN INDONESIA AS A LEGAL COUNTRY (CASE STUDY IN ANAMBAS ISLANDS DISTRICT) Syafrudin Semidang Sakti; Fadlan; Erniyanti; Agus Siagian
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 3 (2023): October (October-December)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i3.1247

Abstract

Obscenity is one of the sexual crimes resulting from changes that have occurred in the structure of our society. Sexual abuse is a type of crime that has a very bad impact, especially on the victims, because sexual abuse violates human rights and can damage human dignity, especially the soul, mind and offspring. The victims in these crimes are often children. The increase in criminal acts of sexual abuse committed by children occurred in Anambas Islands Regency in 2020 by 5 cases, then in 2021 there were 6 cases, in 2022 there were 7 cases, and in 2023 there was 1 case. The problems in this research are First; What is the legal regulation of criminal acts of sexual abuse against children in Indonesia?; Second: How is the implementation of the high level of criminal acts of sexual abuse against children in the context of upholding justice in Indonesia as a rule of law (case study in Anambas Islands Regency)?; Third: What factors are obstacles or obstacles and efforts to eradicate the high level of criminal acts of sexual abuse against children in the context of upholding justice in Indonesia as a rule of law? This research uses a descriptive method with normative and sociological research types using a normative approach (legal research) to obtain primary data through field research (research). The research results show that First; The legal regulation of criminal acts of sexual abuse against children in Indonesia is to impose a crime below a special minimum, the judge has deviated from the Child Protection Law which regulates the provisions for minimum sanctions that have been regulated for each special crime; Second; Implementation of the High Crime of Child Abuse Cases in the Context of Upholding Justice in Indonesia as a Rule of Law State (Case Study in Anambas Islands Regency); In accordance with the rules in Article 7 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. that diversion can only be given to children who have committed a crime with a prison sentence of less than 7 (seven) years and is not a repetition of the crime. Meanwhile, in the case of sexual abuse, perpetrators of criminal acts are subject to imprisonment for a maximum of 15 (fifteen) years, therefore diversion cannot be applied to children who commit criminal acts of sexual abuse. Third: Factors that become Obstacles or Obstacles and Efforts in Eradicating the High Rate of Criminal Offenses Cases of Child Abuse in the Context of Upholding Justice in Indonesia as a State of Law are the presence of factors such as (1) Factors of Legal Rules and Legislation; (2) Factors of Law Enforcement Officials; (3) Supporting Facilities or Facilities Factors; (4) Community Factors; (5) Cultural Factors.
THE ROLE OF STATE ADMINISTRATIVE COURTS IN ENSURE PROTECTION OF CITIZENS' RIGHTS Agus Siagian
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 4 (2025): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i4.189

Abstract

Study This aim For analyze role State Administrative Court (PTUN) in ensure protection right citizens towards​ decision administration government . Research This use approach law normative with method descriptive analytical , through studies literature from regulation legislation , PTUN decisions , and literature scientific latest (2020–2025). Research results show that the PTUN has function strategic as institution supervisor administration government that guarantees certainty law , justice , and accountability decision administration . PTUN handles various type dispute administration , starting from decision giving permits , sanctions administrative , up to policy public that impacts rights​ citizens . The effectiveness of the PTUN is influenced by several factors like certainty law , competence of judges, accessibility citizens , transparency institutions , mechanisms implementation decisions and support system administration government . Strategy for improving The role of the PTUN includes improvement literacy law community , transparency of court processes , training apparatus , as well as strengthening coordination with agency related . Research This confirm that the PTUN is not just a resolution forum dispute administrative , but also an instrument preventive measures that encourage good governance and protection right citizens in general effective .
CRIMINAL LIABILITY FOR MISUSE OF ARTIFICIAL INTELLIGENCE TECHNOLOGY (ARTIFICIAL INTELLIGENCE/AI) IN THE PERSPECTIVE OF THE NATIONAL CRIMINAL CODE Agus Siagian; Erniyanti; Irpan Husein; Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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

Abstract

The development of Artificial Intelligence (AI) technology has provided significant benefits across various sectors; however, it has also led to various forms of misuse, including deepfakes, digital fraud, data manipulation, and cybercrime. The regulation of criminal liability for AI misuse in Indonesia is currently based on the Indonesian Criminal Code (KUHP), Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions, as well as other relevant laws and regulations. Its implementation still faces several challenges, including the absence of specific legal provisions, difficulties in digital evidence, and the determination of the responsible legal subject. Therefore, strengthening legal regulations and developing adaptive criminal law policies are essential. This study aims to analyze the legal framework, implementation, challenges, and solutions concerning criminal liability for the misuse of Artificial Intelligence from the perspective of the Indonesian Criminal Code. This study employs the theories of Criminal Liability, Legal Certainty, and Law Enforcement as the analytical framework. The conceptual framework encompasses criminal liability, the misuse of Artificial Intelligence, and the Indonesian Criminal Code. This research applies a normative legal research method using statutory, conceptual, and case approaches. The study relies on secondary data consisting of primary, secondary, and tertiary legal materials, which are analyzed qualitatively. The findings indicate that the current legal framework governing criminal liability for AI misuse has not yet provided adequate legal certainty, resulting in challenges related to evidence and the determination of responsible parties. The novelty of this research lies in the development of a criminal liability concept that integrates the principles of fault, accountability of AI developers, providers, and users as part of the reform of Indonesia’s national criminal law. This study concludes that the regulation of criminal liability for the misuse of Artificial Intelligence should be strengthened to accommodate technological advancements while ensuring legal certainty. It recommends the enactment of specific AI regulations, harmonization with the Indonesian Criminal Code, and the enhancement of law enforcement capacity in addressing AI-related crimes.
Co-Authors Alexander, Dony Auliya Fitri Zaiana Christiani Prasetiasari Fadlan Fadlan Irpan Husein Juli Artha Lubis Markus Gunawan Nicha Suwalla Syafrudin Semidang Sakti