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PERAN DAN IMPLIKASI KAPSEL DALAM PENEGAKAN HUKUM PIDANA Okprianti, Reny; Emilson, Nur Husni; Ramadhania, Nailah; Nadira, Saffana; Anggraini, Adelia Oktarina; Freza, Windri
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1401

Abstract

This paper discusses the role and implications of implementing the capsule concept in criminal law enforcement in Indonesia. Capsule is a legal approach that provides flexibility in the application of criminal sanctions, with the aim of accommodating the principle of substantive justice by considering the specific conditions of each case that occurs. This approach provides an opportunity for law enforcement officers to consider mitigating factors, such as age, psychological condition, socio-economic background, and the motivation of the perpetrator, to ensure that the punishment imposed not only fulfills the retributive aspect but also reflects rehabilitative and preventive values. In its implementation, capsules contribute to reducing the density of correctional institutions, increasing the effectiveness of perpetrator rehabilitation, and strengthening public trust in the existing criminal law system. This approach also supports legal reform that is more adaptive and responsive to ongoing social dynamics. However, its implementation faces challenges, especially in terms of regulations that are still not specific and resistance from some people who still view severe punishment as the main form of justice. Thus, capsules play an important role in creating a balance between law enforcement and human rights protection, as well as encouraging a more humane renewal of the justice system.
CRIMINAL LIABILITY OF ONLINE FRAUD PERPETRATORS THROUGH ILLEGAL ONLINE LOAN APPLICATIONS Okprianti, Reny; Emilson, Nur Husni; Rafli, Muhammad; Prattiwy, Amanda; Octavia, Wanda Puja; Zerlinda, Frity Vania
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.556

Abstract

The rapid development of technology has had an impact on changes in people's lifestyles, where things can be done quickly and easily using online-based services or using the internet network, whether in terms of shopping transactions, booking hotels, paying electricity bills, train tickets, plane tickets, or making money or capital loan transactions online. The method used is normative legal research with a library research approach, which examines literature, laws and regulations, and relevant legal documents. The results of the study show two main findings. First, illegal online loan providers can be held accountable civilly, criminally, and administratively. In the civil realm, they are required to compensate for losses based on Article 1365 of the Civil Code. In the criminal realm, perpetrators can be charged with articles related to extortion, misuse of personal data, and fraud. Meanwhile, administratively, the OJK has the authority to impose sanctions such as license revocation and access blocking based on POJK No. 77/POJK.01/2016. Second, delinquent debtors who utilize illegal online loans to commit fraud, such as identity falsification or fictitious loans, can be charged with Article 378 of the Criminal Code if there is evidence of malicious intent. The implications of this research are the need to increase public awareness of the right to personal data privacy, strengthen law enforcement, and update policies in accordance with the dynamics of the digital era.
LEGAL REVIEW OF THE CONTRIBUTION OF FORENSIC MEDICINE ON LEGAL EVIDENCE Okprianti, Reny; Emilson, Nur Husni; Tsabitah, Nabila; Fadiah, Nyayu Siti; Fadli, M. Bio; Saputra, M. Renaldy
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.557

Abstract

The contribution of forensic medicine to the results of forensic examinations, such as autopsies, plays a crucial role in identifying key evidence and determining the cause of death. By adhering to professional ethics and standards, forensic doctors help uphold justice and the integrity of the legal system. The method used in this study is normative. This law enforcement is carried out in the form of valid evidence in the form of letters and statements according to experts. therefore the relationship between the two cannot be separated. Investigators, expert doctors, and other law enforcement officers work together to coordinate with each other so that each stage in proving a case produces results in the form of concrete evidence, so that it can be used as a consideration for decisions to be taken by judges in court. The role of forensic medical assistance is very necessary to find the material truth in murder cases in order to clarify the criminal case and obtain valid evidence, but the role of forensic medicine is not always successful, there are also obstacles that occur.