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PENAGGULANGAN KEJAHATAN TEKNOLOGI INFORMASI (CYBER CRIME) YANG MENIMBULKAN KEGADUHAN DAN PERMUSUHAN MELALUI PENDEKATAN PENAL POLICY DI WILAYAH HUKUM POLRESTABES MEDAN Yamirah Mandasari Saragih; Irma Fatmawati; Syaiful Asmi
Ensiklopedia of Journal Vol 4, No 2 (2022): Vol 4 No. 2 Edisi 2 Januari 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

One of the other important policies, namely the Law on Information and Electronic Transactions or Law number 11 of 2008 or UU ITE is a law that regulates information and electronic transactions, or information technology in general. The ITE Law, which has been in effect since April 2008, is indeed a breakthrough for the legal world in Indonesia, because for the first time the virtual world in Indonesia has a device. Because of its nature which contains the rules of the game in cyberspace, the ITE Law is also known as Cyber Law. When viewed from the content of the ITE Law, all important matters have been accommodated and regulated in the Law. The ITE Law is comprehensive enough to regulate electronic information and electronic transactions. Let's look at some of the material coverage of the ITE Law which is a new breakthrough. The ITE Law which recognizes that Electronic Signatures have the same legal force as conventional signatures (wet ink and stamp duty), electronic evidence is recognized as other evidence regulated in the Criminal Procedure Code, the ITE Law applies to everyone who commits a good legal act located in the territory of Indonesia or outside Indonesia, which has legal consequences in Indonesia. Dispute resolution can also be resolved by alternative dispute resolution methods or arbitration. There will be at least nine Government Regulations as implementing regulations for the ITE Law, so that this Law can run effectively.Keywords: Crime, Penal, Policy.

Analisis Yuridis Terhadap Anak Sebagai Pelaku Pelanggaran Lalu Lintas Yang Menimbulkan Kecelakaan Dan Korban Jiwa Rial Pradila Srg; Yasmira Mandasari Saragih
Innovative: Journal Of Social Science Research Vol. 3 No. 4 (2023): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v3i4.4300

Perkembangan lalu lintas modern di satu pihak akan memberikan kemudahan-kemudahan pemakaian jalan untuk kegiatan sehari-hari dalam rangka pekerjaannya, kehidupannya dan lain-lainnya. Namun di pihak lain akan membawa akibat-akibat permasalahan yang komplek antara lain meningkatnya pelanggaran-pelanggaran, kemacetan lalu lintas, dan kriminalitas yang berkaitan dengan lalu lintas. Pelanggaran lalu lintas adalah perbuatan yang bertentangan dengan lalu lintas dan atau peraturan pelaksanaannya, baik yang dapat ataupun tidak dapat menimbulkan kerugian jiwa atau benda dan juga keamanan, ketertiban, kelancaran lalu lintas (kamtibcarlantas). Dengan adanya suatu peraturan tersebut diatas dan apabila masyarakatnya mau menerapkan aturan tersebut dalam berkendara, kemungkinan besar dapat menekan jumlah kecelakaan yang bahkan sering terjadi di jalan raya. Kecerobohan yang mengakibatkan kurang berhati-hatinya seseorang yang kerap menimbulkan kecelakaan dan dengan kecerobohan tersebut memberikan dampak kerugian bagi orang lain. Sifat dari penelitian ini adalah bersifat deskriptif analisis, maksudnya dari penelitian ini diharapkan diperoleh gambaran secara rinci dan sistematis tentang permasalahan yang akan diteliti. Analisi data yang digunakan dalam penelitian ini yaitu Analisis kualitatif. Analisis kualitatif yaitu membahas hasil penelitian yang diuraikan secara komprehensif, dengan berupaya melihat faktor-faktor yang melatarbelakanginya program, budaya dan kebijakan tertentu. Dalam hal pelanggaran lalu lintas oleh anak maka polisi harus menyelesaikannya berdasarkan Undang-Undang perlindungan dan dan Undang-Undang Peradilan Anak. Dalam undang-undang di atur dengan tepat pertanggung jawaban masa depan anak dengan bukan hanya dengan upaya pidana saja. Proses Penyelesaian Perkara lalu Lintas Di Luar Pengadilan.

A Juridical Policy For Crime Of Murder Committed By A Child In The Framework Of Child Justice Protection Mhd. Sanip Heri Sinaga; Firman Halawa; Yasmirah Mandasari Saragih
Jurnal Scientia Vol. 13 No. 02 (2024): Education and Sosial science, March - May 2024
Publisher : Sean Institute

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

A recently, more and more criminal acts have been committed by children and minors as defendants in trials, to guarantee and protect children and their rights so that they can live, grow, develop and adapt optimally in accordance with human dignity, and receive protection. from violence and discrimination. As for children who are in conflict with the law (children who commit criminal acts) must be processed according to the provisions of the applicable law so that the supremacy of the law is achieved. The application of criminal law to criminal acts of premeditated and non-premeditated murder which cause death committed by children. The application of criminal provisions in this case is in accordance with the legal facts, including witness statements, expert statements, and the defendant's statement and the defendant is considered physically and mentally healthy, no can be mentally disturbed so that they are unable to take responsibility for their actions. This paper describes the criminal responsibility policy in the context of legal protection for children, namely providing punishment and action for children who commit criminal acts, as per the provisions contained in the Law on the Juvenile Criminal Justice System.

Criminalization of Perpetrators of Terrorism: A Criminal Law and National Security Approach Jesslyn Elisandra Harefa; Yasmirah Mandasari Saragih; Fauzan Fauzan; Bonari Tua Silalahi; Ireny Natalia Putri Sihite
Journal of Strafvordering Indonesian Vol. 1 No. 5 (2024): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/22m8jx80

The crime of terrorism is a serious threat that can undermine the political, social, and economic stability of a country, especially in Indonesia. Its handling involves various approaches, including criminal law and national security policy. Law No. 5/2018 is the main legal basis in eradicating terrorism, providing broad authority for law enforcement officials in taking action against perpetrators. This research aims to evaluate the application of criminal law and national security approach in combating terrorism in Indonesia. A juridical-normative approach is used in analyzing data obtained through interviews with law enforcement officers, BNPT officials, and legal experts, as well as the study of related literature. The results show that although law enforcement against terrorism perpetrators in Indonesia has been implemented with severe criminal sanctions, the main challenge lies in the rehabilitation and deradicalization of perpetrators. Non-optimal deradicalization program has the potential to fail in reducing potential long-term threats. In addition, monitoring the funding of terrorism and the use of digital technology are important elements in prevention. Therefore, law enforcement must be carried out with due regard to human rights principles, involving collaboration between various institutions as well as educational and religious-based approaches. Success in combating terrorism requires a comprehensive strategy and good coordination between the government, society, and international institutions..

Juridical Analysis Of The Crime Of Forging A Package C Diploma And Certificate Of The Results Of The Equality Education Exam In The Election Of Keuchik Gampong Alue Ie Mirah Pante Bidari District East Aceh Regency Munawir; Yasmirah Mandasari Saragih
International Journal of Society and Law Vol. 2 No. 2 (2024): Agust 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.135

A diploma certifies that an individual has completed a level of education, serving as a key indicator of their qualifications. However, the modern era has seen a rise in diploma forgery, facilitated by technological advancements. This crime is a subset of letter forgery and is explicitly addressed in Indonesian law, including the Criminal Code (KUHP) and Law Number 20 of 2003 on the National Education System. Diploma forgery not only undermines legal norms but also violates academic ethics and the integrity of educational institutions. A notable case is Saifuddin Razali's use of a forged Package C diploma during the 2018 election for Keuchik Gampong Alue Ie Mirah, resulting in a four-month prison sentence. This study, titled "Juridical Analysis of the Crime of Counterfeiting Package C Diplomas and Certificates of Equivalency Education Exam Results in the Election of Keuchik Gampong Alue Ie Mirah, Pante Bidari District, East Aceh Regency," examines the legal implications and the broader impact of diploma forgery on society and education. The research highlights the importance of stringent legal measures to curb this malpractice and protect the integrity of academic credentials.

Implementation of restorative justice based on Aceh qanun number: 9 of 2008 on the settlement of the crime of persecution In Gampong Lam Rukam sub district Peukan bada Aceh Besar Regency M. Ryan citra Yudha; Yasmirah Mandasari Saragih
International Journal of Society and Law Vol. 2 No. 2 (2024): Agust 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.137

Law enforcement encompasses three main elements: legal certainty, utility, and justice. Criminal law aims to realize justice in society by resolving criminal cases and protecting human rights. However, law enforcement processes often focus on punishing offenders without adequately addressing the victims' physical and psychological losses. The Indonesian Police implement strategic policies to achieve justice through restorative justice, as outlined in Police Regulation Number 6 of 2019 and Circular Letter Number SE/8/VII/2018. This approach aims to restore the victims' conditions to their original state or as close as possible. In Aceh, customary institutions are authorized to resolve community issues, supported by the Joint Decree between the Aceh Government, Aceh Police Chief, and Aceh Customary Council. Qanun Aceh Number 9 of 2008 also regulates the resolution of disputes through customary courts at the village and mukim levels. Customary judicial bodies in Aceh, such as Keuchik, Tuha Peut, Imeum Meunasah, ulama, and traditional leaders, function to resolve disputes peacefully. This study, titled "Implementation of Restorative Justice Based on Qanun Aceh Number 9 of 2008 in Resolving Assault Crimes in Gampong Lam Rukam, Peukan Bada District, Aceh Besar Regency," aims to review the legal basis for restorative justice for assault crimes in Indonesia and examine its implementation in Gampong Lam Rukam.

Crime Of Corruption Of Village Funds Committed By Geuchik Gampong Paya Lipah Bireuen Regency Aceh (ANALYSIS OF DECISION NUMBER: 44/PID.SUS-TPK/2021/PN.BNA) Nasril Rachmad; Yasmirah Mandasari Saragih
International Journal of Society and Law Vol. 2 No. 2 (2024): Agust 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.138

Law enforcement must consider three main elements: legal certainty, utility, and justice. Criminal law aims to achieve justice in society by resolving criminal cases and protecting human rights. However, the process often ends with punishing the perpetrator without adequately addressing the victim's physical and psychological losses. The Indonesian Police have adopted strategic policies to implement restorative justice, as outlined in Police Regulation Number 6 of 2019 and Circular Letter Number SE/8/VII/2018. This approach aims to restore victims to their original state as much as possible, fulfilling their interests and sense of justice. In Aceh, customary institutions are empowered to resolve community issues within their jurisdiction, supported by a Joint Decree and Qanun Aceh Number 9 of 2008, which regulate the resolution of minor offenses through customary courts. These courts, led by local leaders such as Keuchik, Tuha Peut, and Imeum Meunasah, work to resolve disputes peacefully and maintain community harmony. This study, titled "Implementation of Restorative Justice Based on Qanun Aceh Number: 9 of 2008 in the Settlement of Persecution Crimes in Gampong Lam Rukam, Peukan Bada District, Aceh Besar Regency," aims to review the legal basis for restorative justice for persecution crimes in Indonesia and examine its implementation in Gampong Lam Rukam.

Juridical Analysis Of The Crime Of Sexual Violence Against Children Based On Law Number 12 Of 2022 Concerning The Crime Of Violence Sexual And Legal Number 35 Of 2014 Concerning Child Protection Risa Damayanti; Yasmirah Mandasari Saragih
International Journal of Society and Law Vol. 2 No. 2 (2024): Agust 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.139

Sexual violence is a deviation in societal sexual practices, characterized by coercive and violent actions that contradict social norms. One common form is sexual harassment, involving unwelcome sexual advances that disturb victims. Sexual violence affects individuals of all ages, from children to the elderly, degrading human dignity and disrupting societal peace. It is a constitutional right for citizens to be protected from such violence, as guaranteed by the 1945 Constitution. The digital realm has seen a surge in sexual violence cases, with 2021 recording the highest number of gender-based cases. Komnas Perempuan's annual report highlights various forms of online sexual violence, including cyber harassment, malicious distribution, and sextortion. The definition of sexual violence extends beyond physical acts to include psychological abuse and humiliation. Law Number 12 of 2022 categorizes several forms of sexual violence, including non-physical harassment, abuse, forced contraception, and electronic-based violence. Additionally, acts like rape, forced prostitution, and child exploitation are also recognized. Indonesia has ratified international conventions to eliminate torture and discrimination. However, the current Criminal Procedure Law inadequately protects victims, focusing more on defendants' rights. Article 23 of Law Number 12 of 2022 restricts resolving sexual violence cases outside the judicial process, except for child perpetrators. This study is titled "Juridical Analysis of the Crime of Sexual Violence Against Children Based on Law Number 12 of 2022 concerning the Crime of Sexual Violence and Law Number 35 of 2014 concerning Child Protection."

Crime Of Selling Narcotics Class I (Analysis of Decision Number: 124/Pid.Sus/2022/PN Ksp) Purwoko; Yasmirah Mandasari Saragih
International Journal of Society and Law Vol. 2 No. 2 (2024): Agust 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.140

Indonesia's strategic geographical location as an archipelagic country makes it a prime target for narcotics traffickers, serving both as a distribution point and a transit hub. The narcotics problem in Indonesia has worsened, now affecting not only teenagers from affluent backgrounds but also low-income and impoverished individuals. This widespread abuse spans all social strata and age groups. Profits from the lucrative drug trade drive traffickers to exploit various means, including new drugs, routes, technologies, and vulnerable individuals, such as children. An estimated 1.5% of Indonesia's population is involved in narcotics abuse, with minors being significantly affected. While narcotics have legitimate medical uses, public misconceptions and misuse have led to severe health impacts. Despite comprehensive monitoring and law enforcement efforts, including the Narcotics Law (Law Number 35 of 2009), narcotics crimes persist and even escalate. The law aims to enhance the role of the National Narcotics Agency (BNN) in tackling these crimes. However, recent cases, such as the prosecution of Fahrulsyah alias Keleng Bin Samsul Bahar for selling Class I narcotics, highlight ongoing challenges. This study, titled "Crime of Selling Class I Narcotics (Analysis of Decision Number: 124/Pid.Sus/2022/Pn Ksp)," examines the effectiveness of current legal frameworks in combating narcotics trafficking and abuse.

Illegal Mining Business in Pidie Aceh Regency (Analysis of Decision Number: 58/PID. B/LH/2022/PN. SGI) Sayyid Muhammad Charafi; Yasmirah Mandasari Saragih
International Journal of Society and Law Vol. 2 No. 2 (2024): Agust 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.141

Indonesia, an archipelagic country with over 17,000 islands and vast natural resources, faces significant challenges in managing its mining sector. The expansive geographical area and abundant natural wealth present both opportunities and risks. While mining activities contribute to national income and economic growth, they also pose serious environmental and regulatory issues. Illegal mining, in particular, exacerbates these problems, leading to environmental degradation and loss of state revenue. Despite the implementation of stringent regulations, illegal mining persists, undermining legal mining operations and environmental sustainability. The case study of illegal mining in Pidie Regency, Aceh, highlights the challenges faced by local authorities in enforcing mining laws. The case of Satria bin Wagiran and Rizki Wahyudi, charged with illegal gold mining, underscores the enforcement difficulties and legal repercussions associated with unauthorized mining activities. This research explores the legal framework governing mining in Indonesia, the impact of illegal mining, and the effectiveness of current enforcement mechanisms. The analysis of Decision Number: 58/Pid.B/LH/2022/PN. SGI provides insights into the legal consequences for illegal mining and the need for improved regulatory measures to safeguard natural resources.

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