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All Journal Jurnal Daulat Hukum The Digest: Journal of Jurisprudence and Legisprudence
Hidayatuzzakia, Hana
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Punishment of the Kanjuruhan Commotion due to Negligence from the Perspective of Causality Theory (Case of Decision 13/Pid.B/2023/PN Sby jo 922/K/Pid/2023) Hidayatuzzakia, Hana; Masyhar, Ali; Wulandari, Cahya; Abu, Roziya
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 2 (2023): The Digest, December 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i2.76383

Abstract

The consequences of the Kanjuruhan incident during Indonesian football matches prompted the implementation of punitive measures, aiming to ensure the protection of fundamental rights. The incident, which resulted in dissatisfaction among fans, particularly the Aremania supporters, was triggered by their team's defeat. The conclusion of the match saw a surge of discontent, leading fans to descend onto the field to express their disappointment. In conducting this research, a doctrinal legal approach, specifically of the normative type, was employed. The methodology involved a literature study, encompassing legal principles, rules, regulations, doctrines, theories, and legal dictionaries that contribute to legal literacy. The research aimed to gain insights into the necessity, harmony, and intentionality of legal measures, employing a scientific approach through doctrinal laws. The normative legal methods used positive law, context, and literature as their specifications. The research approach incorporated positive law and a case study method, focusing on the Kanjuruhan commotions. The findings and discussions unveiled the court's decision in accordance with Decision 13/Pid.B/2023/PN Sby, which acquitted the defendant. Legal efforts were subsequently initiated by the public prosecutor (JPU) in case 922/K/Pid/2023 to overturn the previous decision. The Supreme Judge determined a violation of Article 359 in conjunction with Article 360 of Law Number 1/1946 concerning Criminal Law Regulations, citing negligence leading to death. The causal link in this case was established when security forces (police) deployed tear gas into the spectator stands in response to the anarchic behavior of the Aremania supporters who had descended onto the field.
The Legal Politics Against Artificial Intelligence Crimes in Criminal Law Reform Hidayatuzzakia, Hana; Widyawati, Anis; Martitah, Martitah
Jurnal Daulat Hukum Vol 7, No 3 (2024): September 2024
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v7i3.39889

Abstract

Technological sophistication in adulthood has had a significant imact on social life. Artificial Intelligence acts and behaves like humans in the same aspects of speed and accuracy. The interpretation of AI when a criminal act is present can only be seen as a legal object. The purpose of this research is to find out and analyze the rules of Artificial Intelligence crimes in Indonesian positive law and to find out and analyze Artificial Intelligence policies in several other countries. This research uses a normative legal research method, namely an approach carried out by examining literature studies, international news, and the approach of the Law. The legislation used is Law No. 1 of 2024, the second amendment to Law No. 11 of 2008 concerning Information and Electronic Transactions. The results of the research show that the rules of AI Crime are still regulated in the Law on Information and Electronic Transactions concerning electronic systems and electronic agents. There is no specific policy in response to the problem of Artificial Intelligence. Foreign countries such as China, America, Europe have special regulations regarding the concept of AI. The state's obligation to protect and follow the dynamics of technology needs to be supported by legal certainty. Special regulations need to be presented as a form of the government's seriousness in carrying out legal reform.
Co-Authors Abu, Roziya Ali Masyhar Anis Widyawati Cahya Wulandari Martitah Martitah