Garuda - Garba Rujukan Digital

Penyuluhan Hukum Mengenai Hak Warga Masyarakat Yang Terlibat Masalah Hukum Pada Kelurahan Benteng Nugrah Gables Manery; Johan Pieter Elia Rumangun; Dita Ayudia Pratiwi; Harly Clifford Jonas Salmon; Armelia Febryanty Waas
Karunia: Jurnal Hasil Pengabdian Masyarakat Indonesia Vol. 2 No. 2 (2023): juni : Jurnal Hasil Pengabdian Masyarakat Indonesia
Publisher : Fakultas Teknik Universitas Maritim AMNI Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58192/karunia.v2i2.910

The low level of understanding of the community members in general regarding the provisions regarding fundamental rights attached to community members when involved in legal issues, the purpose of this legal counseling is to provide knowledge and understanding of the law, especially the provisions concerning the rights of community members when involved in legal issues. The method used in this legal counseling is the lecture and discussion method. The result of this legal counseling is to increase legal knowledge and awareness, legal counseling must be carried out periodically with additional material on law enforcement, both preventive and repressive.

The Impact of Error in Persona : Lilability of Police Investigators in Wrongful Arrest Cases Adi Gunawan; Parningotan Malau; Wildani Khotami; Harly Clifford Jonas Salmon
Journal of Strafvordering Indonesian Vol. 1 No. 4 (2024): JOSI-SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/k004ez67

Wrongful arrest in Indonesia is a serious problem in law enforcement that often results in physical suffering, psychological, and social losses for victims. One form of error that often occurs is “error in persona,” which is a misidentification that results in the arrest of an innocent person. This research uses normative juridical method with literature study and qualitative analysis to analyze the responsibility of investigators in cases of wrongful arrest. The purpose of this study is to understand the factors that cause errors in persona and their impact on victims and the legal system. The results show that misidentification often occurs due to inaccuracies in evidence collection, pressure to quickly resolve cases, and the use of inadequate investigative methods. In addition, the importance of fulfilling the legal procedures stipulated in the Criminal Procedure Code (KUHAP) is crucial to prevent these errors. Reforms in the investigation process, increased capacity of investigators, and the use of modern technology are necessary to minimize the risk of errors and ensure justice and the protection of human rights.

Cybercrime and Law Enforcement Challenges in the Society 5.0 Era: A Modern Criminal Law Perspective Hendri Khuan; Saptaning Ruju Paminto; Harly Clifford Jonas Salmon
Ipso Jure Vol. 2 No. 4 (2025): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6kj9p298

Abstract The Society 5.0 era brings deep integration between the physical and digital worlds, supported by technologies such as artificial intelligence (AI), Internet of Things (IoT), and big data. Behind these innovations, a new threat emerges in the form of cybercrime that is increasingly complex, anonymous, cross-border, and difficult to track. Cybercrime in this context does not only target individuals, but also strategic infrastructure, with the potential to disrupt social and economic stability. Indonesia's criminal law system, especially through the ITE Law, has not been fully able to keep up with this dynamic. Many of the provisions are multi-interpreted and focus on cracking down on content, rather than strategic digital crimes such as hacking, cyberespionage, or ransomware attacks. The limitations of digital forensics, the lack of international cooperation, and the lack of optimal digital proof regulations aggravate law enforcement. The descriptive normative legal research method in this study shows the urgency of criminal law reform that is more adaptive, collaborative, and technology-based. A new approach is needed that prioritizes the principles of digital justice, good governance, and cyber ethics to answer the challenges of transnational cybercrime. Without these reforms, Indonesia risks experiencing a justice deficit and is increasingly lagging behind in the legal response to digital crime in the Society 5.0 era. Therefore, the renewal of the criminal law paradigm is a necessity to maintain national digital security and sovereignty.

Cybercrime and Law Enforcement Challenges in the Society 5.0 Era: A Modern Criminal Law Perspective Hendri Khuan; Saptaning Ruju Paminto; Harly Clifford Jonas Salmon
Ipso Jure Vol. 2 No. 4 (2025): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6kj9p298

Abstract The Society 5.0 era brings deep integration between the physical and digital worlds, supported by technologies such as artificial intelligence (AI), Internet of Things (IoT), and big data. Behind these innovations, a new threat emerges in the form of cybercrime that is increasingly complex, anonymous, cross-border, and difficult to track. Cybercrime in this context does not only target individuals, but also strategic infrastructure, with the potential to disrupt social and economic stability. Indonesia's criminal law system, especially through the ITE Law, has not been fully able to keep up with this dynamic. Many of the provisions are multi-interpreted and focus on cracking down on content, rather than strategic digital crimes such as hacking, cyberespionage, or ransomware attacks. The limitations of digital forensics, the lack of international cooperation, and the lack of optimal digital proof regulations aggravate law enforcement. The descriptive normative legal research method in this study shows the urgency of criminal law reform that is more adaptive, collaborative, and technology-based. A new approach is needed that prioritizes the principles of digital justice, good governance, and cyber ethics to answer the challenges of transnational cybercrime. Without these reforms, Indonesia risks experiencing a justice deficit and is increasingly lagging behind in the legal response to digital crime in the Society 5.0 era. Therefore, the renewal of the criminal law paradigm is a necessity to maintain national digital security and sovereignty.

Corporate Accountability in Major Corruption Cases: The Efficacy of Criminal Sanctions Under the New Criminal Code Law Frans Reumi; Harly Clifford Jonas Salmon
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.35

This study aims to analyze the effectiveness of corporate criminal liability for major corruption crimes based on Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code). Using the normative juridical method, this study examines the change in the criminal law paradigm from an individualistic orientation to the recognition of corporations as independent criminal law subjects. The results of the study show that the new Criminal Code provides a comprehensive legal basis for the application of the principle of corporate criminal liability, through explicit provisions in Articles 45-51 that affirm the form of offense, the mechanism of proof, and the type of criminal sanctions against corporations. Additional crimes such as freezing business activities, dissolving corporations, and state supervision are considered more efficient in encouraging institutional reform than fines alone. However, the effectiveness of implementing this norm is still faced with institutional challenges, limited law enforcement capacity, and the need for uniform prosecution guidelines. Conceptually, the new Criminal Code marks the transformation of national criminal law towards a system that emphasizes a balance between substantive justice, legal certainty, and social benefit. Consistent, proportionate, and evidence-based law enforcement is the key to the realization of the rule of law against corporate entities in Indonesia.

The Impact of Error in Persona : Lilability of Police Investigators in Wrongful Arrest Cases Adi Gunawan; Parningotan Malau; Wildani Khotami; Harly Clifford Jonas Salmon
Journal of Strafvordering Indonesian Vol. 1 No. 4 (2024): JOSI-SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/k004ez67

Wrongful arrest in Indonesia is a serious problem in law enforcement that often results in physical suffering, psychological, and social losses for victims. One form of error that often occurs is “error in persona,” which is a misidentification that results in the arrest of an innocent person. This research uses normative juridical method with literature study and qualitative analysis to analyze the responsibility of investigators in cases of wrongful arrest. The purpose of this study is to understand the factors that cause errors in persona and their impact on victims and the legal system. The results show that misidentification often occurs due to inaccuracies in evidence collection, pressure to quickly resolve cases, and the use of inadequate investigative methods. In addition, the importance of fulfilling the legal procedures stipulated in the Criminal Procedure Code (KUHAP) is crucial to prevent these errors. Reforms in the investigation process, increased capacity of investigators, and the use of modern technology are necessary to minimize the risk of errors and ensure justice and the protection of human rights.

Sexual Harassment Crime In Digital Space: Legal Challenges And Solutions Ika Dwimaya Roz; Judy Marria Saimima; Harly Clifford Jonas Salmon; H.Z. Wadjo; Achmad Fitrian
Journal of Strafvordering Indonesian Vol. 1 No. 6 (2025): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/h2afmb07

In the context of rapid technological development, digital space presents significant challenges in law enforcement, especially in relation to the crime of sexual violence. Law No. 12 of 2022 on Criminal Acts of Sexual Violence provides a firm legal framework to address the problem, but is still faced with various obstacles, such as the complexity of the vast digital space, difficult identification of perpetrators, and lack of public legal awareness. Collaboration between the government, legal institutions, the technology sector, and the community is key to strengthening the prevention and handling of sexual violence cases in the digital space. Advanced forensic technology and training of skilled human resources are needed to support effective law enforcement. In addition, the integration of legal education and digital literacy programs can strengthen public understanding of the legal rights of victims and collective responsibility in maintaining digital security. This collective effort is expected to create a safe and inclusive ecosystem, and ensure better access to justice for all victims of sexual violence in the digital space.

Conflict of Customary Law and Positive Law in Determining The Status of Children: Criminal Implications for Children's Rights and Legal Protection Hadibah Zachra Wadjo; Judy marria saimima; Harly Clifford Jonas Salmon
Journal of Adat Recht Vol. 2 No. 2 (2025): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/h2pwnk78

This study discusses the normative conflict between customary law and positive law in determining the status of children in Indonesia, with an emphasis on the juridical implications for the protection of children's rights. In the context of legal pluralism recognized by Article 18B paragraph (2) of the 1945 Constitution, customary law often rejects the recognition of children out of wedlock, children of serial marriages, and adopted children who do not conform to local kinship norms. This is contrary to the principles of non-discrimination and the best interests of children as stipulated in Law No. 35 of 2014 concerning Child Protection. The inconsistency of these norms not only has an administrative impact, but also raises the potential for criminal offenses, including child neglect due to not being officially recorded. This study uses a normative juridical approach with qualitative analysis methods on primary and secondary legal materials, including international conventions such as CRC. The results of the analysis show the urgency of legal harmonization through responsive derivative regulations, legal understanding by local actors, and the transformation of customary law values to be in line with the principles of child protection. Law No. 35 of 2014 is positioned as a transformational instrument to bridge the tension between local norms and national laws to ensure that children's rights are guaranteed comprehensively without discrimination

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