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Journal : DE'RECHTSSTAAT

ANALYSIS OF DISTRICT RULES OF KOTA BOGOR CITY NUMBER 10 YEARS 2021 ON HARASSMENT AND COMBATING SEXUAL DEVIANT BEHAVIOR Najwa Havita, Deandra; Aridhayandi, M. Rendi
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Western culture is not in accordance with the laws and norms that apply in Indonesia, especially the city of Bogor. The community participated to be able to influence government policy through mass demonstrations that occurred in 2018, to stop the spread of sexual deviant behavior such as harassment and LGBT. The aim of this research is to find out how Bogor City Regional Regulation Number 10 of 2021 can regulate harassment and combat sexual deviant behavior. This research methodology uses a qualitative research approach where qualitative research as a scientific method is often used and carried out by a group of researchers in the field of social sciences, including law. The research results show that this regulation contains articles that result in the law not being based on evidence-based policies. According to ICD-10 (International Classification of Disease) or the Health classification made by WHO (World Health Organization) states in point F66 that "sexual orientation itself should not be considered a disorder" and the ICD also states that transgender is not a mental disorder. All forms of deviation mentioned in this regulation in article 6 are crimes that do not cause victims. Crimes are evil acts that must cause victims and the victim is someone else and not oneself who is the victim. So it cannot be said to be a crime. If it is said that sexual deviation is behavior that is not consensual or involves violence, then this can only be said to be sexual deviant behavior, but apart from sexual deviation that is carried out with consent and in the private sphere, then this is an element of violence. privacy that the state has the right to protect and everyone has the right to their own privacy.
LEGAL ANALYSIS OF THE FUNCTION OF THE BOGOR POLICE TRAFFIC UNIT IN ENFORCING TRAFFIC VIOLATIONS REGARDING TECHNICAL REQUIREMENTS FOR MOTOR VEHICLES Ariansyah, M. Dizky Maulana; Aridhayandi, M. Rendi; Djuniarsono, R.
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Awareness and obedience to traffic regulations are a reflection of the community's obedience to applicable regulations and laws. The technical completeness of motor vehicles that must always be in roadworthy condition includes the brake system, steering system, front wheel position, and sturdy vehicle body and frame. In addition, passenger loading equipment that is always clean for passenger vehicles. The purpose of this paper is to find out and analyze the function of the Bogor Police Traffic Unit in enforcing traffic violations regarding the technical requirements of motor vehicles and obstacles encountered. The method used is an empirical research method, namely law as a symptom of society, as a social institution or patterned behavior. The results of the analysis show that the cause of behavior that violates traffic regulations is due to the lack of harmony between social expectations based on the values ​​and norms adopted with the social realities that occur every day. Violators have been given warnings, reprimands, even traffic police often give tickets to violators, and there are even traffic police who confiscate the violators' vehicles. Traffic violations have another impact, namely the emergence of white collar crime. Hazel Croal defines white collar crime as the abuse of a legitimate position as defined by law. Ultimately, white collar crime makes the impact of social control less real. Finally, social deviation in this case traffic violations recur.
EFFECTIVENESS OF THE MINISTRY OF COMMUNICATION AND INFORMATION IN HANDLING THE MISUSE OF PERSONAL DATA Riswanih, Ira; Nurwati; Aridhayandi, M. Rendi
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

The Ministry of Communication and Information (KOMINFO) has an important role in handling the phenomenon of cybercrime, especially misuse of personal data. The total number of alleged cases of violations of personal data protection from 2019 to May 14, 2024 reached 124 cases. The most violations were data leaks, which were 111 cases. This places Indonesia in the top 10 countries with the most data leaks from January 2020 to January 2024 according to Surfshark, a virtual private network (VPN) company from the Netherlands. Because of this case of personal data leaks, many other institutions have also felt the impact and the impact is not only felt by related institutions but also by the Indonesian people. The Electronic Information and Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP) were formed because of the urgent need for the people, nation, and state of the Republic of Indonesia today and in the future to be able to compete in the era of globalization. The purpose of this study is to determine how effective the Ministry of Communication and Information is in handling cybercrimes related to misuse of personal data that often occurs in the era of globalization, not only that, this study was also conducted to determine how harmonious the relationship between the Ministry of Communication and Information with other institutions is so that handling misuse of personal data can be carried out more optimally. This study uses a normative legal approach. This study focuses on the analysis of laws and regulations related to the ITE Law and the PDP Law. This type of normative research uses qualitative analysis, namely by analyzing data from library research then processing, generalizing, and analyzing it to answer the problem, then conclusions are drawn regarding the effectiveness of the Ministry of Communication and Information (KOMINFO) in handling cybercrimes related to misuse of personal data. This study shows the findings that there is a fairly severe gap that can be experienced by the Ministry of Communication and Information in carrying out the job description related to personal data protection. This gap does not only come from outside but also from within the Ministry of Communication and Information itself. So if the gap is not immediately closed and fixed, it will have an impact on the programs of the Ministry of Communication and Information, other institutions, and the wider community. The focus of this research will be limited to the many changes that have occurred in the Ministry of Communication and Information itself. This research is relevant to the legal and policy context, especially related to personal data protection. By analyzing this personal data protection policy, it is expected to provide useful input for policy makers, especially for the Ministry of Communication and Information in fixing the gaps that occurred previously so that they do not happen again in the future.
LAW ENFORCEMENT AGAINST CRIMINAL ACTS FRAUD IN FINANCIAL TRANSACTIONS BASED ON LAW NO. 10 OF 2010 CONCERNING BANKING Kesuma, Moch Wisnu Pujaka; Nuraeny, Henny; Aridhayandi, M. Rendi
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Fraud is an unlawful act of fraud that is carried out intentionally and can harm other parties. Fraud can be in the form of theft, robbery, extortion, forgery, embezzlement and so on. Lay people usually say that fraud is a criminal act or an act of corruption. One case of criminal or fraud that occurred was a problem involving one of the BRI Bank employees with a customer in Cikeas. This case began with a report handled by Subdit II Reskrimsus Polda Riau No. LP/B290/VI/2022/SPKT in 2022. The purpose of this study is to determine law enforcement against criminal acts of fraud in banking transactions and to determine the factors that hinder law enforcement against criminal acts of fraud in banking transactions. The method used is sociological legal research, namely examining the applicable legal provisions and what happens in reality in society or to obtain clarity and understanding and research problems based on existing realities or case studies. The results of this study are the weak role of banking in efforts to overcome or participate in handling banking cases themselves, in addition to the problem of proving cases, doubts from investigators in determining whether there is a crime of money laundering as a continuation of banking crimes, and incomplete reports obtained by investigators so that investigators must re-examine the reported allegations. Suggestions The need to improve the quality of law enforcement officers by providing a deep understanding of fraud crimes in banking financial transactions.