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PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PENYEBARAN PROMOSI INVESTASI MENYESATKAN PADA PLATFORM BINARY OPTION DALAM PERSPEKTIF UU ITE NO. 19 TAHUN 2016 Ramadhana, Widodo; Chew, Andrew; Irwanda, Irwanda
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 2 No. 12 (2023): November
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v2i12.1509

Abstract

Many people are tempted to take part in trading due to the presence of affiliates, influencers or public figures in promoting Binomo as an investment platform. For this reason, it is necessary to study the forms of misleading investment promotion and the criminal responsibility of perpetrators who promote misleading investment products on the binary options platform. The type of research is normative law. The nature of research is descriptive analysis. Data collection techniques use library searches. Data analysis was carried out qualitatively. A misleading form of investment promotion is carried out by showing the profits obtained along with the luxuries resulting from trading to attract target customers. This violates the provisions of Article 10 UUPK and Article 28 paragraph (1) UU ITE which states: "anyone who intentionally and without right spreads false and misleading news which results in consumer losses in electronic transactions." The criminal liability of perpetrators who promote misleading investment products on the binary options platform may be subject to criminal sanctions as stipulated in Article 27 paragraph (1) and Article 28 (1) in conjunction with Article 45A (1) of the ITE Law.
Criminal Accountability of Perpetrators of Child Molestation Supreme Court Decision Number 1041/K/Pid.Sus/2020 Arif Prasetyo, Muhammad; Adawiyah, Rodiatun; Ramadhana, Widodo; Gokman Lumbantungkup, Hebri
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 3 (2024): August
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

The crime of molestation is a form of crime against decency, where criminal acts and criminality can be committed by anyone, whether parents, adults, teenagers and children, either directly or indirectly. However, children are very vulnerable to physical or sexual violence because they are powerless creatures who depend on the people who are present in their lives to be able to keep them alive in the world safely. The purpose of this study is to find out how the criminal liability of perpetrators of child molestation and to find out how the legal considerations of judges in handling criminal cases in accordance with the Supreme Court Decision Number 1041 / K / Pid.Sus/2020. The author uses the Normative Legal research method with a Normative Juridical approach. The source of legal material used consists of primary legal material, secondary legal material, and tertiary legal material. In this study, the authors used data collection techniques in the form of literature studies (library search). Data analysis techniques use qualitative data analysis to find out and explore certain phenomena. In this study, the authors examined the Crime of Child Molestation under the age of the defendant Syarifuddin bin Alm, Tayat at the Level of Justice of the Seluma District Prosecutor's Office sentenced the perpetrator to imprisonment, fines and was proven guilty and convincing of the accused crime of molestation based on witness testimony, instructions, evidence, and defendant's statement.
Legal Review of Sexual Violence Against Children (Analysis of Decision Number 243 K/Pid.Sus/2020) Ramadhana, Widodo; Ayu Sartika Telaumbanua, Yohana; Wilfred Joshua Rohtuahdo Purba, Barryl; Safron, Ananda
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 3 (2024): August
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

The Indonesian nation is a nation that highly respects Human Rights because children are the generation that will continue the principles of Indonesian nation, all citizens, even those created by God as state assets that cannot be separated from their elements and must be protected by their rights. But in reality, chidren are victims of a lot of sexual violence. Thus, the Indonesian government is very concerned about it in its efforts to address this social problem. Children who experience sexual abuse need extra care because they are still developing members of society both physically and psychologically. Children in Law No. 35 of 2014 is a promising law that is expected to overcome the problem of sexual violence against children. In the home environment in particular, parents are expected to take care of their children. But in reality, parents are the ones who commit sexual violence.
Netralisasi Pers dalam Menyikapi Pemilu 2024 Ditinjau dari Perspektif Hukum dan Etika Profesi Pangaribuan, Calvin Haposan; Ramadhana, Widodo; R., Rizky
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.784

Abstract

This article aims to see how press neutrality is in responding to the 2024 election from the perspective of law and proffesional ethics. The press, as the fourth pillar of democracy, plays a role in educating the public and serves as a platform for the public to help oversee the democratic process. In practice, the press has an important role during elections, as it can provide information about the electoral process, allowing the public to have multiple references before voting. However, in the modern era, the neutrality of the press is increasingly being questioned due to the fact that many media company owners are also involved in politics. So, how do law and professional ethics view this. Understanding this issue is crucial for the public to know the true position of the press in elections. In the Press Law itself, there is no mention of the word “neutrality” but what exists is “independence”.
Perlindungan Hukum Terhadap Konsumen Perjanjian Pinjaman Online berdasarkan Undang-Undang Nomor 8 Tahun 1999 Br Perangin Angin, Renni Junita; Pakpahan, Elvira Fitriyani; Rizki, Rizki; Adella Sitanggang; Ramadhana, Widodo
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1236

Abstract

.The development of information technology has significantly transformed the financial sector, including the emergence of online lending services. However, the widespread use of online loan agreements is often accompanied by practices that harm consumers, such as high interest rates, misuse of personal data, and threats or intimidation during the debt collection process. This research aims to analyze the legal protection of consumers in online loan agreements based on Law Number 8 of 1999 concerning Consumer Protection. This study employs normative legal research using statutory and conceptual approaches. The discussion results indicate that Law Number 8 of 1999 provides both preventive and repressive protections to consumers, including the right to comfort, security, and safety in using services, as well as the right to accurate information. Nevertheless, its implementation still faces challenges due to low digital literacy among the public and weak supervision of illegal online lending providers. The conclusion of this research is that legal protection for consumers in online loan agreements is normatively regulated, but still requires stronger law enforcement, public education, and regulatory improvement to ensure optimal consumer protection.
Analisis Yuridis terhadap Putusan Mahkamah Agung Nomor 605 K/PDT.SUS-PAILIT/2024 tentang Kepailitan PT.Sinar Galaxy dalam Perspektif Perlindungan Hukum bagi Kreditor dan Debitor Harkamto, Juan Hanz; Rizki; Ramadhana, Widodo
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1254

Abstract

This study aims to determine the legal considerations in Supreme Court Decision Number 605 K/Pdt.Sus-Bankruptcy/2024 related to the bankruptcy of PT Sinar Galaxy, as well as review the legal protection provided to creditors and debtors during the bankruptcy process. This research uses normative juridical with a case approach. Relevant laws and regulations, legal doctrines, and court decisions were thoroughly studied. The results of the study show that the Supreme Court affirmed the invalidity of EGMs held without the consent of the curator as a form of protection to creditors and to maintain legal certainty in the bankruptcy process. This decision also strengthens the position of the curator as the supervisor of the legality of legal actions during the bankruptcy period and is an important reference in ensuring fair treatment for all parties involved, both creditors and debtors. Thus, this study confirms the importance of the principles of justice, legal certainty, and the authority of the curator in the bankruptcy system in Indonesia.
Dispute on Inherited Land for Sale: (Analysis of Supreme Court Decision No. 102/Pdt.G/2018/Pn.Mdn) Celine, Celine; Salim, Filbert; Jennifer, Tenny; Ramadhana, Widodo
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 1 June (2022)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v7i1.2471

Abstract

The transfer of rights to land is a legal act that results in the transfer of rights from one legal subject to another which can be carried out through the procedures of buying and selling, inheritance and grants. The right to land can be imposed dependent rights that have a material nature (zaaksgevolg) where the right always follows the object. This research uses descriptive qualitative research methods and types of normative legal research that examines the Civil Code, applicable laws and regulations including Basic Agrarian Regulations (Law No. 5 of 1960), Dependent Rights (Law No. 4 of 1996), Land Registration (PP No. 24 of 1997). The transfer of rights to land which is the object of dependent rights in the disputed inheritance provides an explanation of the procedure for transferring rights to land by sale and purchase and inheritance and the protection of parties makes clear the ownership of rights to disputed land. Keywords: Transfer of Land Rights, Dependent Rights, Buying and Selling, Inheritance
TINJAUAN YURIDIS HAK REHABILITASI PADA KORBAN PENYALAHGUNAAN NARKOTIKA (KAJIAN UNDANG-UNDANG NOMOR 35 TAHUN 2009) Ramadhana, Widodo; Farhansyah, Reza; Khairunnisa Nasution, Dinda; Christofel Sinaga, Mathew
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 3 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i3.2626

Abstract

This study aims to examine the implementation of rehabilitation rights for victims of drug abuse within the framework of Indonesian law, based on Law Number 35 of 2009 concerning Narcotics. This study focuses on the role of government institutions, such as the Indonesian National Police (Polri), the National Narcotics Agency (BNN), the Ministry of Law and Human Rights (Kemenkumham), the Prosecutor's Office, and the Supreme Court in the rehabilitation process. The research method used is normative research with a case study approach, which relies on the analysis of legal documents, including laws, regulations, and relevant court decisions. The results of the study indicate that although Law Number 35 of 2009 has regulated the right to rehabilitation for victims of drug abuse, its implementation is still limited. This is due to the lack of understanding of the community and law enforcement officers regarding the rehabilitation process that has been established. Therefore, further efforts are needed to increase awareness and coordination between related institutions in ensuring that rehabilitation rights can be accessed by all victims of drug abuse. This study concludes that more effective legal policies and synergy between government institutions are needed to improve the welfare of drug victims in Indonesia.
Kedudukan Ahli Waris Anak Laki-Laki Bungsu yang Sudah dan Belum Mandiri Terhadap Harta Bersama Sihombing, Jhosua Kenjubel Pandapotan; Ramadhana, Widodo
Jurnal Hukum Lex Generalis Vol 5 No 6 (2024): Tema Hukum Keluarga
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i6.789

Abstract

The existence of Batak customary inheritance law is influenced by the paternal lineage (patrilineal) so that the heirs fall only to the sons. In Batak customary inheritance law, there is also a special privilege given to the youngest son, namely getting inheritance rights to the house left by his parents, in Batak terms known as jabu parsaktian. In the Batak Toba kinship system, the right to succeed is directly realized through the son, because he is the natural executor of the continuity of descent from the father's line, while women do not have certain rights in the Batak Toba customary kinship system. The objectives to be achieved in this writing are to obtain data and information on inheritance rights to the youngest son over a house inherited from his parents in the Batak Toba community, to reveal the legal consequences arising from the distribution of inheritance rights of the youngest son over a house inherited from his parents, to reveal the efforts made by Mangaraja Adat in resolving inheritance rights disputes over houses inherited from their parents against the youngest son among the Batak Toba community. This type of research uses normative and empirical juridical legal research that examines law as a system of normative structures. The source of research data is secondary data. The data collection technique in this study uses literature studies such as laws and regulations, scientific journals, law books related to cooperation and agency agreement laws. The research data collection tools are document studies and interview guidelines. The analysis of this research data was carried out qualitatively. The method of drawing conclusions used is the deductive method.
Perlindungan Kreditur Dalam Perjanjian Kredit Menurut Kuhperdata Dan Peraturan OJK Pangaribuan, Ariel Zefanya Romaito Lhomak; Rizki; ramadhana, Widodo
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 3 No 4 (2025): 2025
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v3i4.1974

Abstract

Perjanjian kredit menjadi fondasi utama hubungan hukum antara kreditur dan debitur dalam sistem keuangan modern, namun kompleksitas praktik perbankan menimbulkan tantangan terhadap perlindungan hak-hak kreditur. Penelitian ini bertujuan untuk menganalisis bentuk perlindungan hukum bagi kreditur dalam perjanjian kredit menurut Kitab Undang-Undang Hukum Perdata (KUHPerdata), mengevaluasi peran Peraturan Otoritas Jasa Keuangan (OJK), serta menelaah harmonisasi keduanya dalam mewujudkan kepastian hukum. Metode penelitian menggunakan pendekatan hukum normatif melalui studi kepustakaan dan analisis kualitatif terhadap peraturan perundang-undangan, doktrin hukum, serta praktik perbankan. Hasil penelitian menunjukkan bahwa perlindungan kreditur melalui KUHPerdata memberikan dasar normatif yang kuat, sementara regulasi OJK memperkuat aspek preventif dan represif melalui prinsip kehati-hatian, transparansi, dan mekanisme penyelesaian sengketa. Temuan ini diharapkan memberikan kontribusi bagi pengembangan ilmu hukum perdata dan hukum perbankan, sekaligus menjadi acuan praktis bagi pembuat kebijakan dan lembaga keuangan dalam memperkuat perlindungan hak-hak kreditur.