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All Journal Jurnal Hukum dan Pembangunan Ekonomi Law, Development and Justice Review Yuris: Journal of Court and Justice International Journal of Sustainability in Research (IJSR)
Sari, Clara Mega Kharisma
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Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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The Urgency of Expanding Judges' Perspectives to Response of Enactment Adat Law in the Indonesian Criminal Code Sari, Clara Mega Kharisma; Jamin, Mohammad
International Journal of Sustainability in Research Vol. 2 No. 4 (2024): July 2024
Publisher : MultiTech Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59890/ijsr.v2i4.2256

Abstract

Indonesia is a country of religious culture, and the enactment of Law No.1 of 2023 is an effort to decolonize and recognize and strengthen the existence of customary law in Indonesia. This research will explore the ability of judges in implementing Article 2 of the Law. This research adopts normative legal research using conceptual, statutory, and comparative approaches. The results of this study show that judges in Indonesia generally have a positivist view due to the limited views of judges. The recommendation from this research is for judges in Indonesia to explore, follow, and understand the laws that live in society. This needs to be done so that in determining a decision in accordance with the spirit, norms, values that exist in society and can realize an ideal customary criminal justice system, ideal customary criminal justice.
THE LEGALITY PRINCIPLE IN PROTECTING THE INTERESTS OF VICTIMS IN ARTICLE 1, PARAGRAPH (1) OF THE CRIMINAL CODE Sari, Clara Mega Kharisma; Sholehuddin, M.
YURIS: Journal of Court and Justice Vol. 1 Issue 4 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v1i4.210

Abstract

The principle of legality is needed to prosecute acts that cause extraordinary harm to victims, which the action have not been or are not prohibited by criminal law. In Indonesia, the legality principle contained in Article 1 paragraph (1) already has a draft for amendments to the previous article. In the 2010 Draft Law, the Criminal Code Bill still maintains the existence of the principle of legality as a fundamental principle for the enforceability of criminal law. This research aims to find out the implementation of legality principle in protecting the victims and perpetrators’ interest along with the right justice for the criminals. This research is normative legal research that aimed at legal concepts, statutory regulations, and other legal materials. This research is conceptual and statutory approach through Criminal Code (WvS), Criminal Procedure Code, and the 1945 Constitution to understand the basic concept of legality contained in Criminal Code article on law enforcement and justice. In this research, it found that the existence of legality principle is very necessary to protect citizens’ rights from arbitrary government in their decision-making. It can be concluded that the meaning contained in legality principle is to provide a protection for perpetrators from arbitrary authorities as well as a limiting function for government to not make decisions injudiciously. This means that the legality principle only regulates the relationship between the perpetrator and government, while the relationship between victim and government is not regulated in it that resulted in no protection for victims.
Upaya Menghadapi Kejahatan Terhadap Sistem Keamanan Perbankan Indonesia Di Era Cyberspace Sari, Clara Mega Kharisma; Zulfiani, Anita; Suharto, Suharto; Muhyidin, Muhyidin
Law, Development and Justice Review Vol 7, No 1 (2024): Law, Development & Justice Review
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ldjr.7.2024.75-89

Abstract

In this Cyberspace Era, the system of life in society, both Indonesian and world, has changed a lot, this can have a complete impact on people's lives, both in the form of positive and negative impacts. Along with the development of the cyber world, this is directly proportional to crime in the banking sector, these crimes are related to the banking security system. There are many crimes against the banking security system including carding crimes "credit card fraud", ATM or EDC "skimming", hacking, cracking, phishing "internet banking fraud", malware "virus/worm/trojan/bots", cybersquatting, pornography, gambling online, transnational crime “drug trafficking, mafia, terrorism, money laundering, human trafficking, underground economy”. From these various crimes, to prevent crimes against the banking security system, the government can carry out various efforts, including efforts related to banking security system policies and various efforts that can be made, such as various narratives and outreach to the public. Apart from the government, banks and the public must also implement principles related to banking system security. This research uses a normative juridical method, namely an approach based on the main legal material by examining theories, concepts and principles related to the banking security system. In order to achieve a good banking security system, cooperation between the government, the bank and the community is required.
The Position of Adat Law in the Indonesian Criminal Code Which Adheres to Legality Principle Sari, Clara Mega Kharisma; Jamin, Mohammad
HUKUM PEMBANGUNAN EKONOMI Vol 12, No 2 (2024): Jurnal Hukum dan Pembangunan Ekonomi
Publisher : Program Pascasarjana Fakultas Hukum Universitas Sebelas Maret Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/hpe.v12i2.94205

Abstract

On 6 December 2022, it was approved that law number 1, the year 2023 about Indonesia’s criminal code (KUHP) has been implemented since the day of approval. This is an effort of legal politics to solve the problems in the community nationally and patriotically. In law number 1, the year 2023 which still adheres to the principle of legality has become a problem where the principles are different from the Adat (customary) law which is written. The position of Adat law should be elaborated concretely so that multi-interpretation does not happen because Indonesia is an archipelago meaning that it has many islands with various tribes and cultures. Besides, the mechanism guideline for the system of the Adat criminal court has not been adjusted yet. With the case in mind, the researcher used normative juridic methodology to identify the research questions using a conceptual approach related to the position of Adat Law in law number 1, the year 2023 that adheres to legality principle, analyze the implementation of legality principle, and the regulations related to the current problems. The data gathered were primary data, secondary, and tertiary. The findings showed that it was important to be concerned about the society’s aspirations in making operational procedures from the various policymakers including the Adat community, Adat authority, the organization of Adat law, and the activists of Adat law. That should be done to make sure that involving Adat Law in the National Law system can represent the spirits and wishes of Indonesians to reach Expediency, Justice, and Certainty for the people.
Co-Authors Anita Zulfiani, Anita Mohammad Jamin Muhyidin Muhyidin Sholehuddin, M. Suharto Suharto