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Comparison Of The Legal Perspective Of The Kutai Customary Court (Dayak Tribe) With Positive Criminal Law On The Crime Of Murder Bastoni Purnama; Ade Saptomo
Hakim Vol 2 No 1 (2024): Februari : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i1.1580

Abstract

The lives of traditional law communities in Indonesia reflect the cultural diversity and traditional riches of various ethnic groups. This research discusses the application of positive criminal law to criminal acts of murder in Indonesia, with a focus on the West Kutai traditional tribe, the majority of whose population comes from the Dayak tribe. This research uses normative legal methodology or library research. The results of this research describe the application of positive criminal law to criminal acts of murder, the classification of these criminal acts based on error factors and their objects, as well as the Dayak tribe's perspective on murder cases using Sutherland's criminological theory.
Dilemma of Legal Policy to Address Cybercrime in the Digital Era Annisa Erikha; Ade Saptomo
Asian Journal of Social and Humanities Vol. 3 No. 3 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i3.452

Abstract

Addressing cybercrime in Indonesia faces various complex challenges, including legal vacuums in existing regulations, such as the Law on Information and Electronic Transactions (UU ITE) and personal data protection. This study examines the necessity of regulatory reform that is more adaptive to the development of new technologies such as artificial intelligence, blockchain, and cryptocurrency, as well as the importance of balancing individual privacy protection and the data access needs of law enforcement. Furthermore, this research highlights the role of international collaboration in tackling cross-border cybercrime, which necessitates regulatory harmonization and extradition agreements to enhance the effectiveness of law enforcement. Through a comprehensive approach that includes legal reform, the implementation of stringent personal data protection, and strengthened international cooperation, Indonesia can create a safe and protected digital environment from the threats of cybercrime.
Legal Efforts in Handling Consumer Disputes at the Consumer Dispute Settlement Body (BPSK) in Indonesia M. Sunandar Yuwono; Ade Saptomo
Asian Journal of Social and Humanities Vol. 3 No. 3 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i3.469

Abstract

Consumer disputes are issues that frequently arise in the relationship between consumers and businesses. In Indonesia, the Consumer Dispute Settlement Body (BPSK) plays a vital role in addressing these disputes. The legal efforts available through BPSK are regulated under Law of the Republic of Indonesia No. 8 of 1999 on Consumer Protection, which provides a legal framework for dispute resolution that is simple, fast, and low-cost. The dispute resolution process at BPSK includes mediation, binding decisions, and procedures regulated by the Ministry of Trade Regulation No. 11 of 2016. This research uses a qualitative approach with data collection techniques through in-depth interviews, observations, and document analysis. This study aims to analyze the effectiveness of the legal efforts undertaken by BPSK in handling consumer disputes, as well as the challenges faced in its implementation. The findings indicate that although BPSK offers better access for consumers, there are still barriers regarding socialization, resource capacity, and community legal awareness. This research is expected to provide recommendations for improving the consumer dispute resolution system in Indonesia.
Quo Vadis Protection of Human Rights in Coercive Confiscation Efforts Taufik Tri Prabowo; Ade Saptomo
Cerdika: Jurnal Ilmiah Indonesia Vol. 4 No. 12 (2024): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v4i12.2317

Abstract

The protection of human rights in the context of compulsory seizure efforts remains a topic of debate in legal practice in Indonesia. Seizures are often carried out without regard for fundamental individual rights, resulting in the potential for human rights violations, particularly concerning property rights and justice. This study aims to examine how human rights protections are implemented in the seizure procedures undertaken by law enforcement officials. The research method employed is normative juridical, utilizing an approach based on statutory regulations, case studies, and legal doctrine analysis. Data collected are qualitatively analyzed through literature reviews and eval_uations of relevant cases. The findings indicate that while there are regulations governing seizure procedures, their implementation often does not align with human rights principles. There is an urgent need for improvements in oversight mechanisms and accountability in the seizure process to prevent abuse of power. This research recommends reinforcing standard operating procedures that adhere to respect for human rights and stringent oversight in every seizure action.