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Concept of Restorative Justice in Criminal Acts of Sexual Violence with Child Perpetrator and Victims Nani Susilowati; Nurini Aprilianda; Faizin Sulistio
Varia Justicia Vol 18 No 2 (2022): Vol 18 No 2 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i2.7847

This article aims to clarify the idea of restorative justice in situations of sexual violence where children are both the perpetrator and the victim. This study uses normative legal research with a statute and conceptual approaches. The results show that law enforcement against children as perpetrators of crimes of sexual violence with child victims must still pay attention to the principle of proportionality. This principle seeks to limit punitive consequences and restrain public responses so that they stay proportionate to juvenile perpetrators of sexual violence. In addition to focusing on activities, this idea also considers the child's environment. In the meantime, law enforcement that cannot be conducted through diversion must nevertheless regard the rights of the child, so that when children are criminalized, only half of the adult punishment is imposed, so that they can return to society appropriately and be equipped with skills.

ALTERNATIF MODEL PEMIDANAAN TINDAK PIDANA PORNOGRAFI SIBER Faizin Sulistio; Nazura Abdul Manap
Arena Hukum Vol. 9 No. 3 (2016)
Publisher : Arena Hukum

AbstractThis study was conducted to examine the alternative punishment for the cyber pornography crime. The purpose of this study is to find the punishment formulation which theoretically and philosophically is more acceptable in accordance with the moral development of society and technology. This normative juridical study uses a conceptual approach. While the analysts is conducted by descriptive method to find the basic theory of punishment for the crime of cyber pornography. The results can be concluded that imprisonment has not provided solutions in the criminal offense of cyber pornography without accompanied by other alternative punishment. The alternatives are special minimum penalties, social work, restrictions on access to electronic devices (internet) and compensation to victims of pornography.Â AbstrakPenelitian ini dilakukan untuk mengkaji alternatif pidana yang tepat untuk tindak pidana pornografi siber. Tujuan penelitian ini menemukan formulasi pemidanaan yang secara teoritikal dan filosofis lebih dapat diterima sesuai dengan perkembangan moral masyarakat dan tekhnologi. Penelitian Yuridis Normatif ini Â menggunakan pendekatan konseptual. Sedangkan analis dilakukan dengan metode deskriptif analisis untuk mencari dasar teori pemidanaan untuk tindak pidana pornografi siber. HasilÂ yang dapat disimpulkan dalam penelitian ini adalah pidana penjara belum memberi solusi dalam pemidanaan tindak pidana pornografi siber tanpa dibarengi dengan alternatif pidana yang lain. Alternatif pidana itu antara lain denda dengan minimum khusus, kerja sosial, pembatasan akses terhadap perangkat elektronik (internet) dan ganti rugi kepada korban pornografi.

Validity of Forex Trading Agreements Using Foreign Currency as the Object of Investment Septianes Nora Kartika; Reka Dewantara; Faizin Sulistio
Jurnal Multidisiplin Madani Vol. 3 No. 2 (2023): February 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v3i2.2318

Forex (Foreign Exchange) is better known in Indonesian as Forex trades between two currencies from two countries by many States Parties, institutions and individuals. Forex trading between market players that lasts Open 5 days a week, 24 hours a day. inner consistency Forex trading operations based on Article 1338 of the Legislative Code Civil. These provisions are less effective because there are still many brokers illegal brokers, unlicensed and unscrupulous companies with the intention of misleading investors. Due to the futures trading law Commodity has not yet implemented a complete forex trading system.Speaking of validity foreign exchange investment contract based on article 1320 of the civil code on the conditions of validity of the contract, foreign exchange as the object of the contract, not contrary to the objective conditions which have legal consequences, null and void history and characteristics of book iii of the civil code which regulates the commitment is open, so it is allowed to make one agreements other than those provided for in the civil code, provided that they are not contrary with the law, public order and good morals. This research advising the government and the legislator to make regulations related toforeign exchange investment regulations to prevent things that are not legal protection desired and guaranteed for investors

Child Protection in Pornography Law in Indonesia Faizin Sulistio
Riwayat: Educational Journal of History and Humanities Vol 6, No 3 (2023): Social, Political, and Economic History
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v6i3.33582

With the advancement of technology in the form of the internet, pornographic content has become very accessible to every age including children, as a result of which it has an impact on increasing pornography crimes among the community, especially child pornography. One of the factors that causes this is because sometimes the content is on the same web page as adult pornography content. In other countries, child pornography can be punished if a person commits acts such as viewing and possessing content containing child pornography. Unlike the legal arrangements in Indonesia, child pornography can only be punished if a person distributes or lends his child pornography content to others for commercial purposes only, in this case it does not specifically regulate the act of "viewing and possessing child pornography content" even though in other countries this act is considered reprehensible and a criminal offense. The practice of giving punishment to perpetrators of the distribution of child pornography content in Indonesia is also still limited because it turns out that in Indonesia the act is not regulated as a criminal offense. Ideal legal protection efforts in protecting children as victims of pornography can be done by harmonizing laws and regulations related to child pornography. This is because the laws and regulations governing child pornography still have formulations related to acts that are incomplete or not explained in detail so that they cannot realize justice for child victims of pornography. Because basically everyone has the right to obtain legal protection, including children. The writing of this journal uses normative juridical aspects and uses conceptual approach methods. Meanwhile, to analyze this problem is carried out by a descriptive analysis method, which is looking for the theoretical basis of child protection in pornography law in Indonesia.

REGULATION OF LEGAL AUTHORITY OF INDIVIDUAL COMPANY FOUNDERS WHO ARE NOT YET 18 YEARS OLD FROM THE PERSPECTIVE OF THE LAW ON THE OFFICE OF A NOTARY Dita Anggraini Sholikhah; Hanif Nur Widhiyanti; Faizin Sulistio
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, dan Pendidikan Vol. 2 No. 10 (2023): September
Publisher : Lafadz Jaya Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v2i10.1402

The purpose of this article is to analyze the regulation of the legal authority of individual companies that are not yet 18 years old from the perspective of the law on notary positions by reviewing Government Regulation Number 8 of 2021 concerning Authorized Capital of Companies and Registration of Establishment, Changes and Dissolution of Companies that Meet the Criteria for Micro Businesses. and Minor, the Notary Position Law, the Civil Code, the Marriage Law, and also the Child Protection Law. There is a difference in these regulations, namely determining a person's adult age and legal capacity. The research method used is normative juridical using primary legal materials which are analyzed using a statutory approach and a conceptual approach. The research results show thatThere is disharmony in the regulation of the legal authority of founders of individual companies between PP Number 8 of 2021 and UUJN and Circular Letter of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 4/SE/I/2015. The disharmony in the regulation of the legal authority of the founder of an individual company means that the founder of an individual company cannot represent his company to carry out material and civil legal actions that require an authentic deed from a notary/PPAT.

Child Protection in Pornography Law in Indonesia Faizin Sulistio
Riwayat: Educational Journal of History and Humanities Vol 6, No 3 (2023): Social, Political, and Economic History
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v6i3.33582

With the advancement of technology in the form of the internet, pornographic content has become very accessible to every age including children, as a result of which it has an impact on increasing pornography crimes among the community, especially child pornography. One of the factors that causes this is because sometimes the content is on the same web page as adult pornography content. In other countries, child pornography can be punished if a person commits acts such as viewing and possessing content containing child pornography. Unlike the legal arrangements in Indonesia, child pornography can only be punished if a person distributes or lends his child pornography content to others for commercial purposes only, in this case it does not specifically regulate the act of "viewing and possessing child pornography content" even though in other countries this act is considered reprehensible and a criminal offense. The practice of giving punishment to perpetrators of the distribution of child pornography content in Indonesia is also still limited because it turns out that in Indonesia the act is not regulated as a criminal offense. Ideal legal protection efforts in protecting children as victims of pornography can be done by harmonizing laws and regulations related to child pornography. This is because the laws and regulations governing child pornography still have formulations related to acts that are incomplete or not explained in detail so that they cannot realize justice for child victims of pornography. Because basically everyone has the right to obtain legal protection, including children. The writing of this journal uses normative juridical aspects and uses conceptual approach methods. Meanwhile, to analyze this problem is carried out by a descriptive analysis method, which is looking for the theoretical basis of child protection in pornography law in Indonesia.

Pertanggungjawaban pada Tindak Pidana yang Dilakukan Agen Otonom Artificial Intelegence Faizin Sulistio; Aizahra Daffa Salsabilla
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1209

This research tries to find legal solutions related to criminal liability carried out by autonomous agents of artificial intelligence (AI). In this research, problems related to the development of AI-based intelligent robots are increasingly sophisticated and have capabilities similar to humans. This resemblance of AI entities to humans has consequences with actions taken, especially those that can have a negative impact or attack legal interests. Therefore, further regulation is needed related to artificial intelligence accountability as one of the legal entities in criminal law in Indonesia. Then it is also necessary to include AI as a legal subject as a consideration in the future with the hope that AI can be held criminally responsible for their actions that attack legal interests, given the massive development of technology and information that allows everything to be done through AI intermediaries.

Exploring the Role of Digital Forensics in Identifying Cyber Crime in Indonesia's Criminal Procedure Law Cindy Monique; Yuliati Yuliati; Faizin Sulistio
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4068

Digital forensics is an indispensable component in the process of detecting and examining cybercrimes in accordance with the Criminal Procedure Law of Indonesia.This study investigates where digital forensics fits into Indonesia's Criminal Procedure Law for cybercrime detection. As cybercrime rises, it's important to understand how digital forensics can investigate and prosecute cybercrimes. This study examines Indonesian digital forensics law and practice using normative legal research. The author employs normative legal research procedures in this specific legal study. This study found that due to laws, Indonesia needs digital forensics to protect electronic evidence. Treat electronic evidence differently than physical. Indonesian courts' use of digital forensics is valued since cybercriminals can tamper with electronic evidence. The processes manage cybercrime electronic evidence legally. Validation of criminal procedure. Criminal procedural laws must be enforced by police, prosecutors, legal experts, and judges. Police should standardize electronic evidence management with digital forensics. In wealthier nations like the US, digital forensics protects electronic evidence

THE APPLICATION OF THE LEX SPECIALIS SYSTEMATIS PRINCIPLE IN THE ENFORCEMENT OF SPECIAL CRIMINAL LAW Shilvi Grisminarti; Faizin Sulistio; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2615

This paper discusses the application of the lex specialis systematis principle in special criminal law as a solution to address overlapping regulations in its enforcement. This issue arises when law enforcers must choose the applicable legal provision in cases where a single criminal act is prohibited by multiple special criminal laws. In cases of pornographic content dissemination, challenges emerge due to overlapping regulations, including the Pornography Law, the Electronic Information and Transactions (ITE) Law, and the Sexual Violence Crime Law (TPKS). Each of these laws prohibits the dissemination of pornographic content (revenge porn) but assigns different legal subjects for criminal liability. This paper examines how law enforcers apply the lex specialis systematis principle as a guideline to determine the most appropriate legal provision, while also considering its implications for justice and legal certainty. This study underscores the importance of lex specialis systematis in ensuring clarity and effectiveness in handling complex criminal cases, particularly in pornographic content dissemination. Using a normative juridical method, this research analyzes existing legal norms through literature studies. It establishes parameters for law enforcers on how to apply the lex specialis systematis principle when multiple laws of equal standing regulate the same offense.

THE POSITION OF AMICUS CURIAE IN THE EVIDENTIARY PROCESS OF CRIMINAL CASES IN INDONESIA I Made Bima Cahyadi; Faizin Sulistio; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2666

This study examines the role of Amicus Curiae in the Indonesian legal system, particularly its impact on judicial decision-making despite the absence of explicit procedural regulations in the Criminal Procedure Code (KUHAP). Through qualitative analysis of landmark cases, including the Prita Mulyasari case, this research highlights how third-party legal opinions contribute to more just and transparent verdicts. The study identifies key challenges, such as inconsistent acceptance and limited awareness among legal practitioners, while also exploring potential frameworks for institutionalizing Amicus Curiae in both criminal and civil cases. By analyzing comparative legal perspectives and best practices from other jurisdictions, this research advocates for clearer guidelines to enhance its legitimacy and effectiveness in Indonesia. The findings underscore the necessity of formal recognition to strengthen judicial credibility, ensure fairness, and uphold fundamental human rights. Ultimately, institutionalizing Amicus Curiae would foster a more inclusive and participatory legal system, aligning Indonesia’s judiciary with global standards of legal justice and due process.

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