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Pemidanaan Terhadap Mucikari Ditinjau dari Asas Keadilan dalam Kasus Trafficking Anak Setiyo Wicaksono, Bambang; Pratama Hapsari, Ifahda
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1712

There are many cases of illegal exploitation that occur now based on paper and electronic media reports and many examination results show that cases of illegal exploitation, especially of women and children, need attention. Dealing with women and children in Indonesia generally involves prostitution and pornography. The occurrence of sexual trafficking involving girls reveals violations of women's human rights, depriving them of the opportunity to experience peace and happiness from a young age. Their basic rights to live freely and protect themselves from potential harm have been reduced due to criminal activities. These incidents show a correlation between the trafficking of underage girls (through prostitution) and other sexual offenses such as assault and battery. Many minors and adult women are victims. Brutality against women is thought to stem from a framework that considers women as weak and substandard individuals compared to men. Overall, victims of human trafficking, especially women involved in prostitution and children forced to work, are victims of crime and not perpetrators of crime.

Online gambling: Cross-border aspects and potential risk of divorce Setiyawan, Deni; Fauzia, Ana; Mohamed, Muhammad Azimuddin; Pratama Hapsari, Ifahda; Mashdurohatun, Anis; Jaya Wardana, Dodi
Jurnal Hukum Novelty Vol. 16 No. 2 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i2.29186

Introduction to the Problem: Online gambling produces cascading social harms (debt, mental distress, and family conflict) that are surfacing in Indonesian divorce cases. Yet core enforcement gaps persist because gambling platforms, servers, and payment rails are frequently offshore and evidence is digital and volatile. Existing tools in the ITE Law and the Criminal Code lag behind these modalities. Purpose/Study Objectives: To analyze how cross-border features of online gambling undermine Indonesian criminal and family-law responses, and to propose an integrated reform agenda that links criminal accountability with family protection. Design/Methodology/Approach: Normative legal research combining statutory and conceptual analysis with comparative insights (licensed regimes such as Australia/UK; prohibition/ambiguous regimes) and illustrative Indonesian Religious Court decisions referencing gambling-driven marital breakdown. Findings: Indonesia’s response is hampered by three enforcement deficits: (1) Platform/finance dependence: foreign digital platforms and domestic payment intermediaries (banks, e-wallets, telecoms) enable chip-based and crypto-denominated flows that current doctrine barely reaches; (2) Digital-evidence fragility: logs, metadata, and accounts are transient or hosted abroad, while preservation and admissibility standards and forensics capacity remain under-specified; and (3) Limited cross-border reach: narrow MLAT/extradition coverage and dual-criminality barriers where gambling is legal overseas. These deficits help explain a growing footprint of gambling in Indonesian divorce pleadings and judicial reasoning, even when causation is indirect (asset dissipation, coercive financial control, persistent conflict). Comparative practice shows courts can recognize gambling-related “wastage” in property division and maintenance, while regulators can harden payment and advertising controls. Overall, the paper finds that doctrinal silos between criminal/ITE rules and the Marriage Law weaken both enforcement and family protection. Paper Type: Research Article

KEBIJAKAN TINDAK PIDANA TERHADAP PELAKU PENGGELAPAN MOBIL SEWA DI CV ALIF TRANS Miftakhul Mustofa, Moch; Pratama Hapsari, Ifahda
UNES Journal of Swara Justisia Vol 7 No 1 (2023): Unes Journal of Swara Justisia (April 2023)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ujsj.v7i1.328

The development of information technology has now changed people's lifestyles, including in transportation. Various transportation developments both online and in person. Many people live a luxurious lifestyle to show that they have a different class but not everyone can meet these needs because of expensive prices and car maintenance. So many rental car rentals, but it is very unfortunate that in practice rental services are targets or targets of crime by people. irresponsible. This is marked by the frequent occurrence and criminal acts of car fraud or embezzlement committed by users of car rental services. Embezzlement is someone who abuses rights or abuses trust where the trust is obtained without any elements against the law. Car embezzlement is one of them. an unlawful act that may be subject to a criminal offense. The case occurred in the Cerme sub-district, Gresik district, in the ALIF TRANS car rental, in the agreement the tenant rented for 1 month but after one month the car was not returned, it turned out that the car was pawned on the other side. This is a violation of criminal law. This crime is an unlawful act committed by tricking or hiding a rented car from the owner. In this article, we will explain the articles in the Criminal Code that can be applied in cases of embezzlement of rental cars, such as Articles 372, 1548, and CHAPTER XXVI. The method used in this study uses a type of normative juridical research, namely research according to the book of laws Criminal Code. There is a need for a policy approach that must be taken, namely a combination of efforts to deal with crime with a penalty (after it has occurred) and (before it has occurred). Penal efforts or criminal policies are divided into penal efforts and non-penal efforts, penal efforts are efforts that are repressive after a crime has occurred, while non-penal efforts are crime prevention efforts that focus more on preventive efforts.

Penyidikan terhadap Pelaku Cyberporn melalui Aplikasi Instagram Maulana Akbar, Zen; Pratama Hapsari, Ifahda
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1035

Technology is getting more sophisticated and more and more people are able to access and use the technology, moreover, it is not uncommon for people to abuse the technology. As is the case with the use of social media in cyberspace which is often indecent, for example the distribution of pornographic photos/pictures or even videos. Twitter, Facebook, Instagram and so on are often misused, even though the Government has stipulated rules regarding strict sanctions for perpetrators of distribution and other matters related to pornographic elements. For this reason, the author in this case examines the process of investigating cyberporn perpetrators through the Instagram application and how effective the investigation process is and the result is that the investigation process is carried out in accordance with Article 6 of the Criminal Procedure Code and is carried out on the basis of prior reports, while the level of effectiveness is influenced by three factors namely structure, substance, and legal culture. This research was conducted using normative methods obtained from secondary data sources and laws and regulations.

Pemidanaan Terhadap Mucikari Ditinjau dari Asas Keadilan dalam Kasus Trafficking Anak Setiyo Wicaksono, Bambang; Pratama Hapsari, Ifahda
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1712

There are many cases of illegal exploitation that occur now based on paper and electronic media reports and many examination results show that cases of illegal exploitation, especially of women and children, need attention. Dealing with women and children in Indonesia generally involves prostitution and pornography. The occurrence of sexual trafficking involving girls reveals violations of women's human rights, depriving them of the opportunity to experience peace and happiness from a young age. Their basic rights to live freely and protect themselves from potential harm have been reduced due to criminal activities. These incidents show a correlation between the trafficking of underage girls (through prostitution) and other sexual offenses such as assault and battery. Many minors and adult women are victims. Brutality against women is thought to stem from a framework that considers women as weak and substandard individuals compared to men. Overall, victims of human trafficking, especially women involved in prostitution and children forced to work, are victims of crime and not perpetrators of crime.

Analisa Yuridis Terhadap Pelaku Tindak Pidana Pembunuhan Berencana: Studi Kasus Putusan Nomor 51/Pid.B/2019/PN.Tbh Desya Anindyta, Rizkyfia; Pratama Hapsari, Ifahda; Jaya Wardana, Dodi
Borobudur Law and Society Journal Vol. 1 No. 1 (2022): Vol 1 No.1 (2022)
Publisher : Universitas Muhammadiyah Magelang

Artikel ini mengungkap unsur-unsur yang mempengaruhi terjadinya tindak pidana pembunuhan berencana dan pertimbangan hakim dalam kasus Putusan Nomor 51/Pid.B/2019/PN.Tbh. Studi ini menggunakan jenis penelitian hukum normatif yang terdiri dari penelitian terhadap asas-asas hukum, sistematika hukum, sejarah hukum dan penelitian perbandingan hukum. Pendekatan yang digunakan adalah pendekatan undang-undang (Statute Approach), Pendekatan konseptual (Conceptual Approach), dan Pendekatan Kasus (Case Approach). Hasil menunjukan bahwa unsur”“unsur tindak pidana pembunuhan berencana yang dilakukan oleh pelaku terbukti memenuhi unsur barangsiapa, unsur menghilangkan orang lain, unsur dengan sengaja, dan unsur direncanakan lebih dahulu. Pertimbangan Majelis Hakim sebelum menjatuhkan putusan Nomor 51/Pid.B/2019/PN.Tbh sudah sesuai dengan aturan hukum yang berlaku dengan mempertimbangkan hal-hal yang memberatkan, dan hal-hal yang meringankan pelaku. Pelaku juga sudah dinyatakan dewasa menurut hukum, dimana pelaku telah berusia dua puluh tahun dan sudah cakap hukum.

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