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All Journal Return : Study of Management, Economic and Bussines Journal of Creative Power and Ambition (JCPA) Indonesian Journal of Criminal Law Studies
Mohamad Tohari
Universitas Darul Ulum Islamic Centre Sudirman
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Mairil and Nyempet as Child Sexual Violence in Pesantren: Contradictions of Traditional Norms, Religion, and Criminal Law Policy in Indonesia Mohamad Tohari; Iqbal Kamalludin; Jarot Jati Bagus Suseno; Achmad Jauhari Umar; Bunga Desyana Pratami
Indonesian Journal of Criminal Law Studies Vol. 9 No. 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.36417

Abstract

Pesantren, Islamic educational institutions in Indonesia, traditionally provide dormitories for santri, students dedicated to religious studies from childhood through adolescence. However, adolescence often coincides with heightened curiosity about sexuality, leading to behaviors like "Mairil" and "Nyempet." Mairil involves affectionate interactions between individuals of the same gender, which can escalate to physical actions known as Nyempet, distinct from sodomy. This socio-legal study employs a qualitative approach focusing on substantive justice in criminal policy. The research underscores that Mairil and Nyempet constitute forms of sexual violence prevalent in pesantren. Despite inconsistencies with religious norms and criminal law, enforcement remains inadequate. It advocates for a comprehensive approach involving pesantren and competent authorities to tackle these issues. Key recommendations include enhancing victim protection, enforcing existing laws rigorously, and raising societal awareness through education on individual rights and humanitarian principles. In conclusion, addressing Mairil and Nyempet requires concerted efforts from all stakeholders to ensure justice, protect victims, and promote a more inclusive understanding within Indonesian society and its educational institutions.
Legal Protection for Consumers for Providing Digital Electronic Transaction Services Ikbal Tawakal; Mohamad Tohari; Lamijan Lamijan
Return : Study of Management, Economic and Bussines Vol. 3 No. 8 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i8.265

Abstract

In this increasingly advanced era of globalization, all human activities are aimed at being carried out efficiently and easily. With the growing use of the internet in the trade sector, there has been a shift in the relationship between sellers and buyers; they are becoming increasingly separated as they only interact through the internet without direct meetings. It also raises several legal issues related to the protection of transactions conducted on e-commerce platforms in Indonesia. However, the Consumer Protection Law (UUPK) and the Electronic Information and Transactions Law (UUITE) have provided a sufficient legal framework to protect consumers in e-commerce transactions, as outlined in various provisions in both laws.
Copyright Violation in Works of Art Using the Form of Non-Fungible Tokens (NFT) in the Era of Digitalization Dimas Yoga; Tri Susilowati; Mohamad Tohari
Return : Study of Management, Economic and Bussines Vol. 3 No. 8 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i8.266

Abstract

Intellectual Property Rights (IPR) are exclusive rights granted by the state to individuals or groups to safeguard their intellectual works. Such works may include inventions, works of art, writings, designs, and trademarks, among others. In Indonesia, IPR is regulated by several laws, including the Patents Law (Law Number 13 of 2016), Copyright Law (Law Number 28 of 2014), and Marks and Geographical Indications Law (Law Number 20 of 2016), among others. These rights encompass copyrights, patents, trademarks, industrial designs, trade secrets, and other related rights. The purpose of IPR protection is to encourage innovation and creativity by providing legal protection for the fruits of intellectual labor, thereby enabling individuals and organizations to reap the benefits of their efforts. Businesses and individuals must understand IPR laws and regulations, as they affect the ownership, licensing, and transfer of intellectual property assets. Violation of two-dimensional works of art and NFTs is a form of crime in digital economic activities, in this case, the government must intervene to overcome this crime. The issue at hand is a direct result of insufficient legal regulations governing the digital realm. Cybercrime, which encompasses a multitude of illicit or perilous activities that take place in the virtual world or through the utilization of computer and internet technology, encompasses copyright infringement. This form of wrongdoing entails the contravention of intellectual property rights, such as the unlawful distribution of music or films, software piracy, or the unauthorized use of trademarks. Legal protection pertains to regulations that are concerned with digital works of art.
Criminal Liability for Perpetrators of Dissemination of Personal Data Through Social Media: Pertanggungjawaban Pidana Pelaku Penyebaran Data Pribadi Melalui Media Sosial Alfian Bantara Sumarmo; Mohamad Tohari; Idul Hamzah Alid
Journal of Creative Power and Ambition (JCPA) Vol. 4 No. 01 (2026): Journal of Creative Power and Ambition (JCPA)
Publisher : CV Edujavare Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70610/jcpa.1389

Abstract

The proliferation of social media has created new avenues for the unauthorized dissemination of personal data. Such conduct not only infringes on individual privacy but may also produce serious harms ranging from reputational damage to threats against victims' safety. This study examines how Indonesian criminal law particularly Law Number 27 of 2022 on Personal Data Protection (UU PDP) and Law Number 11 of 2008 as amended by Law Number 19 of 2016 on Electronic Information and Transactions (UU ITE) constructs criminal liability for perpetrators who disseminate personal data through social media. A normative juridical method is employed, drawing on statutory and conceptual approaches. The study also analyzes the criminal elements that must be established, the penal sanctions prescribed, and the evidentiary challenges encountered in practice. The findings indicate that the regulatory framework has become more comprehensive following the enactment of UU PDP; however, its implementation remains hampered by significant obstacles particularly in identifying anonymous perpetrators, establishing mens rea, and ensuring inter-agency coordination. The study concludes that the effectiveness of criminal accountability in personal data dissemination cases requires strengthened digital forensics capacity among law enforcement actors and clearer technical guidance on UU PDP implementation.
Co-Authors Achmad Jauhari Umar Alfian Bantara Sumarmo Bunga Desyana Pratami Dimas Yoga Idul Hamzah Alid Ikbal Tawakal Iqbal Kamalludin Jarot Jati Bagus Suseno Lamijan Lamijan Tri Susilowati