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All Journal JURNAL ILMIAH ADVOKASI Activa Yuris: Jurnal Hukum Syattar; Studi Ilmu-Ilmu Hukum dan Pendidikan
La Syarifuddin
Universitas Mulawarman
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Other

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Law Enforcement Against The Crime Of Human Trafficking At Line Two, Poros Samarinda-Tenggarong Rahman Risanto; La Syarifuddin; Rini Apriyani
Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v1i2.8628

Abstract

Indonesia has provided a legal basis for the criminal conduct of human trafficking  in Law Number 21 of 2007 concerning the Crime of Human Trafficking. The disclosure of the case of human trafficking at the coffee shop pangku on Line Two Poros Samarinda-Tenggarong which was carried out directly by the Tenggarong Sebrang police found one of the practices of human trafficking under the guise of a coffee shop, on Line Two Poros Samarinda-Tenggarong. Even though the stalls have been brought under control several times, in reality these stalls are quickly operating again. So it can be seen that law enforcement against the crime of human trafficking under the guise of a coffee shop on Line Two Poros Samarinda-Tenggarong has not been fully running well. The purpose of this study is to determine the enforcement of criminal law against perpetrators of criminal conducts of human trafficking in the Line Two Poros Samarinda-Tenggarong. The two authors want to know the efforts that have been made by the government to overcome the practice of human trafficking in Line Two Poros Samarinda-Tenggarong. Based on the collection of legal data, the authors get answers regarding law enforcement against the perpetrators of the criminal conduct of human trafficking in Line Two Poros Samarinda-Tenggarong, only 1 case was carried out in 2018 against the defendant Wiwik Julianto with an underage victim, in which the defendant was sentenced to 6 years imprisonment. Apart from this case, law enforcement has not been carried out against the perpetrators of the criminal conduct of human trafficking at the coffee shop on Line Two Poros Samarinda-Tenggarong by the Tenggarong Seberang sector police on the grounds that they have not found strong evidence of the existence of human trafficking in the form of prostitution, although they also admit that there are many and still active prostitution activities in the coffee shop. The government's efforts against the practice of human trafficking in the Line Two Poros Samarinda-Tenggarong, efforts by the Satpol PP of Kutai Kartanegara Regency were hampered by field conditions which were indeed protected by community organizations that protected coffee shops on the Line Two Poros Samarinda-Tenggarong and the unpleasant treatment by shopkeepers. The shop is a threat to the safety of its officers. Legal efforts made by the Tenggarong Seberang Police are only limited to data collection, raids on alcohol and arrests traffickers in the form of prostitution only if they receive a report
CRIMINALIZATION OF COHABITATION UNDER INDONESIA’S 2023 CRIMINAL CODE: A COST-BENEFIT ANALYSIS PERSPECTIVE Ridha Islamika; La Syarifuddin; Orin Gusta Andini
Jurnal Ilmiah Advokasi Vol 14, No 1 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i1.6895

Abstract

Cohabitation, defined as unmarried couples living together, has recently been criminalized under Article 412 of Indonesia’s 2023 Criminal Code. This policy reflects the state’s intention to regulate moral conduct and protect social values within society. However, the criminalization of private conduct raises important questions regarding its effectiveness and efficiency, particularly when assessed through a law and economics perspective. This study aims to analyze the criminalization of cohabitation under the 2023 Criminal Code using a cost-benefit analysis framework and to examine its legal consequences within the broader legal system. The research employs a doctrinal legal method, supported by a conceptual approach grounded in law and economics theory. The findings indicate that, from a cost-benefit perspective, the criminalization of cohabitation offers potential benefits, including the protection of social norms, moral values, and the institution of family, as well as the prevention of related social problems. However, these benefits are accompanied by significant costs, such as increased burdens on the criminal justice system, higher state expenditures, and potential socio-economic repercussions. Furthermore, as an absolute complaint offense, the enforcement of Article 412 depends on reports from specific parties, which may limit its practical effectiveness. At the systemic level, this provision also risks creating legal disharmony with existing regulations, including marriage and child protection laws. In conclusion, the criminalization of cohabitation in Indonesia’s 2023 Criminal Code reflects a normative commitment to moral regulation but raises concerns regarding its efficiency and coherence within the broader legal framework.Keywords: Cost-Benefit Analysis; Cohabitation; Criminalization; Law and Economics; Indonesian Criminal Code
KEDUDUKAN HUKUM TERHADAP UPAYA PENYELESAIAN PERKARA BERDASARKAN HUKUM ADAT La Syarifuddin
SYATTAR Vol. 1 No. 2 (2021): Jurnal Studi Ilmu-Ilmu Hukum dan Pendidikan
Publisher : Fakultas Agama Islam, Universitas Muhammadiyah Buton

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Abstract

Penyelesaian perkara berdasarkan hukum adat sebagai alternatif pilihan dalam upaya penyelesaian perkara diluar pengadian. Keberadaannya merupakan legitimasi dari nilai-nilai yang lahir dari masyarakat Indonesia yang hingga sekarang masih konsisten dipertahankan dibanyak komunitas. Secara hukum telah diakui dan dihormati terhadap kesatuan-kesatuan masyarakat hukum adat beserta hak-hak tradisionalnya termasuk peradilan dalam upaya penyelesaian perkara baik pidana maupun perdata yang ada dan dimiliki oleh masyarakat hukum adat.
Co-Authors Orin Gusta Andini Rahman Risanto Ridha Islamika Rini Apriyani