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Nugroho, Fajar Seto
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Independent

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E-Consumer Privacy Policy on the Online Marketplace System khitam, Muhammad chusnul; Suisno; Nugroho, Fajar Seto; Rizkiyah, Putri Ainiyatur
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.302

Abstract

Abstract How should the protection of privacy and personal data in Indonesia be responsive to anticipate changing trends from the traditional economic era to the digital economic era? Rapidly developing information and communication technology is changing the way people run business and/or carry out transactions. Thus, transactions which are known as "e-transaction", "e-commerce" and "e-business" have emerged. Indonesia is now in the era of the digital economy. This claim is supported by the condition of Indonesian society which makes the internet and cell phones a commodity, and these commodities are used by traders and sellers to signify electronic transactions via the internet network. This requires that the laws governing these activities can follow or even anticipate developments into the Digital Economy Era.
C Community Law Inclusivity in Energy Transition Regulation in Indonesia Tjahjani, Joejoen; Nugroho, Fajar Seto; Fitriana, Fatma Indah
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.362

Abstract

ABSTRACT Indonesia is currently preparing to make a transition in the energy sector, to achieve Net Zero Emission (NZE). In addition to stakeholders, regulatory support, and real action are needed. Through the G20 meeting, Indonesia is a member of the Just Energy Transition Partnerships (JETP), which subsequently forms the Comprehensive Investment and Policy Plan (CIPP). Policymakers need to develop a legal framework and provide regulatory support for handling climate change, and can ensure the legal inclusivity of affected communities. This paper aims to find out the regulations that regulate the acceleration of the energy transition in Indonesia and an analysis of the legal inclusivity of the community in the regulation of accelerating the just energy transition in Indonesia, with the type of normative juridical research and critical legal studies analysis.As a result of the analysis, the regulations that regulate the acceleration of the energy transition in Indonesia refer to Presidential Regulation No. 112 of 2022, the inclusivity of community law in the regulation of accelerating the just energy transition in Indonesia has several weaknesses, so that substantive rights and policy synchronization must be fulfilled, in order to achieve Indonesia's equitable energy security.
Protection Victims of Criminal Acts of Extortion and or Threats Through Social Media Nugroho, Fajar Seto; Royani, Achmad; Mahardika, Salsabilah Panca
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.371

Abstract

This research is motivated by the large number of people who commit unlawful acts in the form of extortion and/or threats using social media that can harm their users. The impact on victims affects physical, psychological, and material health. This research uses a Normative juridic research type with a Law approach and a concept approach. From the results of the study it can be concluded that the rules of criminal sanctions against perpetrators of extortion and/or threats are regulated in the Criminal Code, Law Number 31 of 2014 concerning Protection of Witnesses and Victims. While crimes through social media (Cybercrime) are regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE).
Legal Review of Decision No. 6/Pid.Sus-Anak/2023 of the Lamongan District Court regarding the Case of Drug Abuse by Children Royani, Ahmad; Nugroho, Fajar Seto; silvana, emilia
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.322

Abstract

ABSTRACT Criminal acts of narcotics abuse by childern where judges do not provide rehabilitation because narcotics abuse committed by childern should be a diversion process in accordance with Law Number 11 of 2012 concerning the Childern Criminal Justice System. In cases of narcotics aburses by childern, there are several factors that can be the basis for the judge’s decision not to provide rehabilitation to drug abusing childern. The formulation of the problem in this study is what is the basis for the judge’s consideration of not providing rehabilitation to drug abusing childern. The result of this study are based on Article 1 of Law Number 35 of 2009 concerning Narcotics. Narcotics addicts and narcotics abusers who without rights and obligations againts the law as suspects and/or defendants in narcotics abusers who are undergoing the process of investigation, prosecution, and trial in court are given treatment, care, and recovery.
Legal Protection For Users of Illegal Online Loan Services Regarding Personal Data Confidentiality Nugroho, Fajar Seto; Ningtias, Ayu Dian; Bagaskara, M. Reza Satya
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.323

Abstract

ABSTRACT This research is based on the fact that globalization has driven the development of information and communication technology, which in turn has changed people's lifestyles and various aspects of life, including the economy. The transition from a traditional manufacturing-based economy to a digital economy based on information technology and creativity is known as the creative economy. However, information technology also brings challenges, such as data security issues in online loans. Fintech (financial technology) has become a significant innovation in the financial sector, facilitating financial transactions through services such as e-commerce and online loans. The method in this research is to use the Normative legal research method using a legislative approach and a conceptual approach. The legal materials in this study are primary legal materials and secondary legal materials. From the results of the study, it can be concluded that: The government has made efforts to provide legal protection against possible crimes that occur to consumers of illegal online loans through preventive and repressive actions. Preventive actions are carried out through the Electronic Information and Transactions Law (ITE), Law Number 27 of 2022, concerning Personal Data Protection (PDP Law), and the role of the Financial Services Authority (OJK) in supervising the circulation of online loan services. Repressive legal protection is implemented through Article 2 Paragraph 1 and Article 15 Paragraph 2 of the PDP Law, Law Number 11 of 2008 Article 26 Paragraph 1 concerning the ITE Law, and other laws that stipulate sanctions such as fines, imprisonment, and other additional penalties. Law enforcement against perpetrators of personal data abuse in the context of illegal online loans includes two main approaches, judicial and non-judicial legal efforts. Judicial legal efforts involve the court process to resolve disputes after violations and unlawful acts occur based on the PDP Law, the ITE Law, and Article 368 of the Criminal Code. Meanwhile, non-judicial legal efforts involve complaints to relevant institutions, such as the OJK, Kominfo, and the Police, which have a role in supervising, imposing administrative sanctions, and conducting investigations into these violations. This approach emphasizes the importance of cooperation between various institutions to ensure effective law enforcement against illegal practices in the online lending sector.
Legal Review of the Defense of Forced Excess (Noodweer Exces) in the Crime of Assault in Decision No. 4/Pid.B/2024/PN JNP Nugroho, Fajar Seto; Isnaini, Enik; Sofyan, Mohammad Riyadi
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.334

Abstract

ABSTRACT Noodweer excess is a condition where a person commits an unlawful act as a form of forced defense that exceeds the limit due to a threat or sudden attack. The justification for Noodweer excess is regulated in Article 49 paragraph (2) of the Criminal Code which allows the judge not to impose a sentence if there is a legitimate reason for self-defense, so that the defendant can be released from the clutches of the criminal code. This also becomes the legal basis for the judge in decision Number 4 / Pid.B / 2024 / PN JNP to provide an acquittal for the defendant who has been proven to have committed a crime that resulted in the death of a person. Based on the background above, the author proposes a formulation of the problem, namely; first, how is the regulation of forced defense beyond the limit (noodweer excess) in the Criminal Code?, second, how is the analysis of the judge's considerations in decision Number 4 / Pid.B / 2024 / PN JNP. This research method uses a normative legal research type, with a statutory approach and a conceptual approach. The legal materials used are primary legal materials including: Criminal Code and Decision Number 4/Pid.B/2024/PN JNP. From the results of the study, it can be concluded that: first, Article 49 paragraph 2 of the Indonesian Criminal Code (KUHP) regulates forced defense (noodweer excess) that exceeds the limit. The act is still against the law, but due to the conditions or reasons for the forced defense that exceeds the limit, the error is eliminated. Justifying and forgiving reasons can eliminate the criminal nature of an act. Second, Case Number 4/Pild.B/2024/PN. Jnp shows that the defendant cannot be punished because his actions meet the requirements of noodweer excess, as a response to threats with a knife from the victim. The defendant's actions are proven to meet the elements of forced defense that exceeds the limit which is carried out due to mental shock due to serious attacks or threats.
The principle of Restorative Justice in sentencingIn the 2023 Criminal Code Ningtias, Ayu Dian; Nahdliyah, Hadziqotun; Nugroho, Fajar Seto; Akbari, Damai Al
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.354

Abstract

Abstract the concept and analysis of the regulation of the principles of restorative justice in the 2023 Criminal Code is a solution for imposing sentences on minor criminal cases and avoiding short-term imprisonment, as well as preventing this. Application of the principle that the aim is to prevent people from being punished. This is for protection and is seen in society as an effort to rehabilitate the perpetrator. By upholding a sense of justice and the benefits of the law, as well as Pancasila values in law enforcement and criminal objectives, implementing the principle of judge's forgiveness in the 2023 Criminal Code means that there are defendants who have not been found guilty or served a sentence, even though their charges have been legally and convincingly proven.
Trafficking in Persons for Organ Transplantation: A Legal Analysis of Criminal Liability and Enforcement Challenges Isnaini, Enik; al-kautsar, Muhammad Syakir; Nugroho, Fajar Seto; Muhklisati Suaidah, Adelia Bilqis
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.400

Abstract

This study discusses the crime of human trafficking committed with the purpose of taking and transplanting victims' organs. This criminal act is a modern form of human exploitation that involves illegal networks between countries, taking advantage of economic inequality and the scarcity of legal organs. The research method used is normative (literature), with a statutory approach and a conceptual approach. Legal sources include international legal instruments such as the Palermo Protocol, the United Nations Convention against Transnational Organized Crime, as well as national regulations such as Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons and Law No. 36 of 2009 concerning Health (especially related to organ transplantation). The results of the study show that although normative laws and regulations have prohibited the practice of trafficking in persons for organ transplantation, there are still weaknesses in the coordination of law enforcement between agencies, difficulties in proving elements of exploitation, and regulatory gaps related to organ transplantation between countries that are not strictly supervised. The conclusion of this study emphasizes the need for harmonization between criminal law and health law, increasing international cooperation, and strengthening the organ transplant supervision system to effectively prevent and crack down on human trafficking for organ transplantation
Criminal Law Accountability of Sexual Stalking Perpetrators Through Social Media Dian Ningtias, Ayu; Lutfiasandhi, Kristiya; Nugroho, Fajar Seto; Nur Ayni, Khofifah
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.404

Abstract

Sexual stalking is a new form of crime that has emerged along with the development of technology. In the past, stalking was done directly, such as following the victim. However, now, stalking can occur in the digital world, especially through social media. Perpetrators can easily access the victim's personal information, send sexually suggestive messages, or carry out other disturbances without meeting in person. This study aims to understand in depth the legal protection mechanism for victims and the form of criminal liability for perpetrators of sexual stalking through social media. This research method uses a normative juridical research type, with a legislative approach and a conceptual approach. The results of this study conclude: that legal protection for victims of sexual stalking through social media can be in the form of preventive legal protection and repressive legal protection. Meanwhile, the criminal legal liability, perpetrators of sexual stalking through social media can be subject to criminal sanctions in the form of imprisonment, fines, and/or other actions as stipulated in applicable laws and regulations. However, there are exceptions in certain conditions that cause a person not to be held accountable for their actions.
Responsibility For Error in Persona in Case of Wrong Shooting By Police Officers Royani, Acmad; Arifin, Syamsul; Nugroho, Fajar Seto; Suryani, Dewi Indah
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.405

Abstract

This study discusses Error in Persona , which is an error in determining legal subjects in criminal cases. This mistake has serious implications for the validity of the court decision and the protection of the rights of the accused. In the context of Indonesian criminal law, errors in identifying the perpetrators of criminal acts can lead to an unfair judicial process and even lead to the criminalization of innocent individuals. This study uses normative juridical methods with a legislative approach and case studies, to comprehensively understand the application of legal norms. The results of the study show that mistaken identity in criminal cases violates fundamental principles in the law, such as the principles of legal certainty, justice, and non-discrimination. In addition, such errors can have far-reaching legal consequences both for the integrity of the justice system and for the protection of human rights. To overcome this problem, it is necessary to strengthen the identification and verification mechanism from the investigation stage to the trial. This effort can be carried out through increasing the accuracy of population data, utilization in the process of identifying perpetrators of criminal acts. With these steps, it is hoped that errors in the determination of legal subjects can be minimized so that a more fair, accountable, and upholding the human rights of every citizen can be created.
Co-Authors Achmad Royani Akbari, Damai Al Al-Kautsar, Muhammad Syakir Bagaskara, M. Reza Satya Dian Ningtias, Ayu Fitriana, Fatma Indah Isnaini, Enik Khitam, Muhammad Chusnul Lutfiasandhi, Kristiya Mahardika, Salsabilah Panca Muhklisati Suaidah, Adelia Bilqis Nahdliyah, Hadziqotun Ningtias, Ayu Dian Nur Ayni, Khofifah Rizkiyah, Putri Ainiyatur Royani, Acmad Royani, Ahmad silvana, emilia Sofyan, Mohammad Riyadi Suisno Suryani, Dewi Indah Syamsul Arifin Tjahjani, Joejoen