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Tinjauan Yuridis Kejahatan di dalam Sistem Elektronik pada Rekening Virtual Pakpahan, Bani David Soaloon; Parameshwara, Parameshwara; Pakpahan, Kartina; Saota, Margaretha Citra Novriyanti; Tambunan, Franciscus Orlando
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3139

Virtual account is an electronic application that is created to connect to a large computer network when using the internet. This is very vulnerable to the threat of online crime, virtual accounts must provide security for customers. The aim of the research is to find out what electronic system crimes are, analyze the application of data protection laws, and legal sanctions for perpetrators of account burglary crimes. The research method is normative juridical. The research results show that the electronic systems currently in force in Indonesia are Mobile Banking, SMS Banking and Internet Banking. Regarding data protection in banking, it is regulated in article 40 (1) of Law no. 10 of 1998 concerning banking, namely that banks are obliged to keep confidential information regarding depositors and their deposits. Even though the Laws and Regulations have strictly regulated the protection of customer data, the fact is that in the field there is still a lot of misuse of customer personal data by irresponsible parties. Prohibitions for perpetrators of virtual account burglary crimes are regulated in Law Number 19 of 2016 concerning Information and Electronic Transactions Article 31 Paragraphs 1, 2, 3 and 4. The conclusion is that the application of the law regarding data protection in banking is regulated in Article 40 (1) of the Law No. 10 of 1998 concerning banking, namely that "banks are obliged to keep confidential information regarding depositors and their deposits.

Analisis Yuridis Terhadap Proses Pendaftaran Kapal Untuk Mewujudkan Kepastian Hukum Status Kapal Pada Kantor Kesyahbandaran Dan Otoritas Pelabuhan Khusus Batam Aliatul Hana, Nurul; Parameshwara, Parameshwara; Fadlan, Fadlan
Jurnal Syntax Fusion Vol 2 No 12 (2022): Jurnal Syntax Fusion: Jurnal Nasional Indonesia
Publisher : CV RIFAINSTITUT

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54543/fusion.v2i12.230

This study aims to find out and analyze the implementation of ship registration to realize legal certainty on ship status, factors that become obstacles or obstacles during the ship registration process at KSOP Batam. This research uses empirical or sociological normative research methods (applied law research) which is basically a combination with a normative approach (legal research), namely legal research regarding the application or implementation of normative legal provisions (codification, laws or contracts) in action on every certain legal event that occurs in society and in order to obtain primary data through field research (research). The results of the study show that legal arrangements for ship registration in Indonesia are contained in several laws and regulations, namely the Criminal Code, Law Number 17 of 2008 concerning Shipping, especially in Part Six which regulates the Legal Status of Ships from Article 158 to Article 161. Besides that, regulated in several implementing regulations, namely Government Regulation Number 51 of 2002 concerning Shipping and Minister of Transportation Regulation Number PM 13 of 2012 concerning Ship Registration and Nationality. In general it can be said that ship registration is so that every ship can always be identified throughout its operational life, therefore any changes to the name, ownership, size and specifications, other signs of the ship must be honestly reported to the ship registration official at the place where the ship is registered

Ideal management of social assistance funds as a prevention and mitigation effort corruption Parameshwara, Parameshwara; Riza, Khairul
Journal of Multidisciplinary Academic and Practice Studies Vol. 1 No. 4 (2023): November
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jomaps.v1i4.1529

Purpose: The purpose of this study is to analyze and determine the ideal legal arrangements for the management of social assistance funds in order to prevent corruption, as well as to examine effective efforts to prevent and overcome corruption practices in the distribution and use of such funds. Research Methodology: This study employs a normative juridical method combined with statutory, conceptual, and sociological juridical approaches to provide a comprehensive understanding of both legal principles and their social implementation. Results: The findings indicate that the ideal arrangement for social assistance fund management must incorporate positive legal principles as formulated by John Austin, including the establishment of clear authorities through legislative or governmental institutions, ensuring that the law reflects state sovereignty, setting explicit rules that bind all parties, and providing a foundation for strong and effective enforcement of the law. These aspects ensure that the law acts as an instrument of control over corruption. Conclusions: Preventing and combating corruption in social assistance requires integrating Jeremy Bentham’s utilitarianism, which prioritizes maximizing social welfare, ensuring fair benefit distribution, and embedding transparency and accountability in every decision-making process. Limitations: This study is limited to a normative juridical framework and does not include empirical fieldwork, which may restrict practical insights into current implementation challenges. Contribution: This study contributes theoretically by offering a legal-philosophical foundation for regulating social assistance funds and practically by proposing frameworks that policymakers can adopt to strengthen preventive and repressive mechanisms against corruption.

Juridical analysis of law enforcement on illegal cigarettes in Batam and its impact on state excise revenue Yadi, Muhammad; Fadlan, Fadlan; Parameshwara, Parameshwara; Respationo, Soerya; Nurkhotijah, Siti
Dynamics of Politics and Democracy Vol. 5 No. 1 (2025): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v5i1.3394

Purpose: Analyze law enforcement against illicit cigarettes with counterfeit excise bands in Batam and its impact on excise revenue, framed by Radbruch’s legal certainty, Friedman’s legal system, and Becker’s economics of crime. Research methodology: A normative–empirical legal approach: review of excise laws and implementing regulations; a case study of KPU BC Batam operations (sea/land patrols, risk-based intelligence); semi-structured interviews with officers; and qualitative analysis of enforcement documents. Results: Enforcement produced sizable seizures and a clear typology of illicit excisable goods (without bands/counterfeit), yet constraints persist: limited personnel and assets, a vast surveillance area, and increasingly sophisticated modus operandi. Regulatory gaps channel many cases into administrative settlement (state-asset confiscation) with weak deterrence; inter-agency coordination remains uneven; and permissive social norms toward cheaper prices endure. The main impacts are excise revenue leakage, unfair competition for compliant firms, and erosion of tobacco-control objectives. Conclusions: Legal certainty is not yet achieved due to sanction disparities and inconsistent enforcement; economically, offenders’ expected gains exceed expected penalties. Stronger, predictable, and deterrence-oriented enforcement is required. Limitations: Evidence is confined to Batam and specific periods; there is no econometric estimate of revenue loss; findings rely on interviews and secondary documents. Contribution: Integrates legal theory and policy analysis by proposing tighter norms and recalibrated criminal–administrative sanctions, clarified procedures, deeper inter-agency integration, deployment of digital track-and-trace for excise bands, and public education to curb demand, restore the revenue base, and protect fair competition.

Tinjauan Yuridis Kejahatan di dalam Sistem Elektronik pada Rekening Virtual Pakpahan, Bani David Soaloon; Parameshwara, Parameshwara; Pakpahan, Kartina; Saota, Margaretha Citra Novriyanti; Tambunan, Franciscus Orlando
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3139

Virtual account is an electronic application that is created to connect to a large computer network when using the internet. This is very vulnerable to the threat of online crime, virtual accounts must provide security for customers. The aim of the research is to find out what electronic system crimes are, analyze the application of data protection laws, and legal sanctions for perpetrators of account burglary crimes. The research method is normative juridical. The research results show that the electronic systems currently in force in Indonesia are Mobile Banking, SMS Banking and Internet Banking. Regarding data protection in banking, it is regulated in article 40 (1) of Law no. 10 of 1998 concerning banking, namely that banks are obliged to keep confidential information regarding depositors and their deposits. Even though the Laws and Regulations have strictly regulated the protection of customer data, the fact is that in the field there is still a lot of misuse of customer personal data by irresponsible parties. Prohibitions for perpetrators of virtual account burglary crimes are regulated in Law Number 19 of 2016 concerning Information and Electronic Transactions Article 31 Paragraphs 1, 2, 3 and 4. The conclusion is that the application of the law regarding data protection in banking is regulated in Article 40 (1) of the Law No. 10 of 1998 concerning banking, namely that "banks are obliged to keep confidential information regarding depositors and their deposits.

JURIDICAL ANALYSIS OF INVESTIGATION IN THE CASE OF FORGIVENESS OF VACCINE CERTIFICATES BY POLICE INVESTIGATORS POLRESTA BARELANG Bayu Septa, Anjas; P. Siadari, Lagat; Parameshwara, Parameshwara
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 2 No. 6 (2022): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v2i6.435

The construction of the journal topic above is: "Juridical Analysis of Investigation of Vaccine Certificate Forgery Cases by Barelang Police Police Investigators", with the formulation of the problem: How are the Legal Arrangements, Implementation, Constraint Factors and Solutions to the Investigation of Vaccine Certificate Counterfeiting Cases by Barelang Police Police Investigators?. The type of writing is normative law, using legal research methodology, supported by secondary data, and using a qualitative approach, and to obtain secondary data, obtained through library research. For the grand theory, Jeremy uses the theory of happiness law (utilitarianism) by Jeremy Bentham, middle theory uses the legal theory of victimology and applied theory uses the theory of legal certainty. The results of the analysis concluded, (1) The application of material criminal law to the crime of counterfeiting in the jurisdiction of the Barelang Police is very good and very complete in accordance with the laws and regulations. (2) the perpetrators of the criminal act of counterfeiting at the Barelang Police have been treated in accordance with the procedures established by the applicable laws and regulations, but there are still obstacles that come from inside and outside the institution so that the number of cases of the crime of counterfeiting vaccine certificates is not also down.

JURIDIC ANALYSIS OF FISHERY CRIMINAL ACTIONS TO REALIZE THE SOVEREIGNTY OF THE NATION AND THE STATE (Research Study at Batam Marine and Fishery Resources Supervision Base Office) Setiadi, Kotot; Idham, Idham; Parameshwara, Parameshwara; Fadllan, Fadllan; Erniyanti, Erniyanti; Ramlam, Ramlam
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 2 No. 6 (2022): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v2i6.441

In Indonesia, there are many illegal economic problems, but one of the most detrimental to the state is the problem of Illegal, Unregulated, and Unreported Fishing Practices (IUU Fishing) by foreign ships. IUU Fishing is defined as illegal fishing activities, not reported to the authorized fisheries management institution, and fishery activities that have not been regulated in existing regulations. So the role of law enforcement is very important to tackle acts of lawlessness in Indonesian waters. The form of law enforcement is to implement government policies by applying criminal sanctions in the form of fines, confinement, confiscation/confiscation of evidence and sinking foreign ships that steal fish in Indonesian waters. Article 8 of Law no. 45 of 2009 concerning Fisheries states "Everyone is prohibited from catching fish and/or raising fish using chemicals, biological materials, explosives, tools and/or buildings that can harm and/or endanger the sustainability of fish resources and/or the environment in the area. fishery management area of the Republic of Indonesia.” The fact states that the auction with the practice of this fishing mafia can only harm the State of Indonesia because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia. tools and/or buildings that can harm and/or endanger the sustainability of fish resources and/or the environment in the fishery management area of the Republic of Indonesia.” The fact states that the auction with the practice of this fishing mafia can only harm the State of Indonesia because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia. tools and/or buildings that can harm and/or endanger the sustainability of fish resources and/or the environment in the fishery management area of the Republic of Indonesia.” The fact states that the auction with the practice of this fishing mafia can only harm the State of Indonesia because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia. "The fact is that the auction with the practice of this fishing mafia can only harm the Indonesian state because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia. "The fact is that the auction with the practice of this fishing mafia can only harm the Indonesian state because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia.

JURIDICAL ANALYSIS OF THE ROLE OF JUSTICE COLLABORATORS IN EFFORTS TO GROW PUBLIC PARTICIPATION TO DISCLOSE CRIMINAL ACTS OF NARCOTICS (Research Study at the National Narcotics Agency of the Riau Islands Province) Febriandy, Boy; Dahlan, Dahlan; Parameshwara, Parameshwara
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 2 No. 6 (2022): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v2i6.446

The role of Justice Collaborator in Fostering Community Participation in Disclosure of Neglected Narcotics Crimes. In the Practical Operational Approach, especially the perpetrator's witnesses who cooperate in uncovering criminal acts, especially those involving organized syndicates, causing law enforcement in the field to act based on their own judgment, not based on clear and firm legal rules in determining the perpetrators of criminal acts. act as witnesses of cooperating perpetrators or other acts. with the aim of uncovering the actions of the drug syndicate network.

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