Muhammad Muslih
Fakultas Hukum Universitas Batanghari Jambi

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Pengungkapan Kejahatan Hacking Mengakses Sistem Elektronik Milik Orang Lain Di Wilayah Hukum Polres Batanghari Muhammad Muslih; Said Sahabuddin; Tanzil Tanzil
Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v15i2.513

Abstract

Cybercrime is a whole form of crime directed against computers, computer networks and their users, and conventional forms of crime using or with the help of computer equipment. The purposes of this study are To understand and analyze the disclosure of hacking crimes by accessing other people's electronic systems in the Batanghari Police area. To understand and analyze the obstacles in disclosing the crime of hacking accessing electronic systems belonging to other people in the Batanghari Police Legal area. To understand and analyze efforts to overcome obstacles in disclosing hacking crimes by accessing other people's electronic systems in the Legal area of the Batanghari Police. The specification of this research is descriptive analytical research. In writing this thesis, the writer used a Juridical Empirical research type, while the approach used was Socio-Legal Research. The sampling technique was carried out by purposive sampling. It was revealed that the suspect sent a message to AI to instruct him to send money by transfer and then the AI replied that the money had been transferred. Then it can be concluded that the suspect has been charged with Article 30 paragraph (1) in conjunction with Article 46 paragraph (1) of the Law of the Republic of Indonesia Number 19 of 2016 which carries a maximum prison sentence of 6 years and/or a maximum fine of Rp. 600,000. 000.00.-. The obstacles faced include the case file was returned by the prosecutor, the perpetrator was not cooperative during the examination, expert witnesses were present. Regarding the efforts made to overcome obstacles, including Batanghari Resort Police Criminal Investigators have complied with the Attorney's request by including elements of Article 46 paragraph 1 of the Law of the Republic of Indonesia Number 19 of 2016, Investigators are trying to ensure that if the perpetrator is honest in giving information and willing to cooperate, the perpetrators will get relief in terms of criminal penalties, The Satreskrim of the Batanghari Police have made efforts in the form of providing suggestions in terms of assisting the investigation process, the Batanghari Police have prepared at least 1 person who can be appointed as an expert in 1 district Batanghari. Suggestions put forward that apart from investigators at the Polda level, investigators at the Polres level must also be obliged to take part in training (Dikjur) Criminal Information and Electronic Transactions in order to be able to master, understand and have special expertise or skills in the field of information and electronic transactions, then so that the investigative members no longer need a long time for the investigation process
Implementasi Pasal 10 Huruf A Undang-Undang Nomor 22 Tahun 2022 Dalam Pemberian Hak Remisi Bagi Narapidana di Lembaga Pemasyarakatan Narkotika Kelas IIB Muara Sabak Abdul Bari Azed; Muhammad Muslih; Fadly Marliansyah
Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v15i2.514

Abstract

In Article 10 paragraph (1) letter a of Law Number 22 of 2022 concerning Corrections, it is explained that prisoners who have fulfilled certain requirements without exception are also entitled to remission. However, in its implementation in the field, it turns out that there are various problems that arise. The aim of this research is to understand and analyze the implementation of Article 10 Paragraph (1) Letter a of Law Number 22 of 2022 in granting remission rights to prisoners in Class IIB Muara Sabak Narcotics Prison, to analyze the factors that hinder them and efforts to overcome them, as well as ideal arrangements for granting remission rights for convicts in the future. The method used in this research is empirical juridical which uses primary data. The results of the research show that the granting of remission rights to prisoners in the Class IIB Muara Sabak Narcotics Prison is guided by Article 10 Paragraph (1) letter a of Law Number 22 of 2022 concerning Corrections, but its implementation is still not effective. The factors that influence the granting of remission rights to prisoners in the Muara Sabak Class IIB Narcotics Prison consist of internal factors include: The mechanism for assessing prisoner behavior using the SPPN instrument is less effective. There are still violations committed by prisoners which result in disciplinary punishment so that the prisoner's proposal for remission is rejected. Meanwhile, the external factors are: There are still delays in the execution of court decisions by the Prosecutor's Office which results in the registration process in prison being late. Efforts to overcome this include: The prison authorities should make a step to simplify the system for assessing the behavior of correctional inmates, Activate both security and coaching programs to shape the character and stimulate changes in behavior of inmates, and Strengthen synergy between the prison authorities and the detention authorities in carrying out executions prisoner. The ideal arrangements for granting remission rights to prisoners at the Class IIB Muara Sabak Narcotics Correctional Institution in the future include: The prison authorities coordinate with the detention authorities, so that prisoners who have been detained for more than 6 (six) months can have their behavior assessed using the SPPN instrument, and the Prison authorities propose rights. remission for detainees who have been detained for more than 6 (six) months in succession with due observance of the provisions of Article 148 of Permenkumham No. 3 of 2018.