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All Journal Hakim: Jurnal Ilmu Hukum dan Sosial Perkara: Jurnal Ilmu Hukum Dan Politik
Dini Mardhatillah
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perbandingan Hukum Mengenai Kewenangan Penyidikan Perkara Pidana Antara Kejaksaan Indonesia dengan Korea Selatan Dini Mardhatillah; Muhammad Ramdan Al Musthafa
Perkara : Jurnal Ilmu Hukum dan Politik Vol 2 No 1 (2024): Maret : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1820

Abstract

This research focuses on discussing legal comparisons regarding the authority to investigate criminal cases between prosecutors in Indonesia and South Korea based on the Criminal Procedure Code (KUHAP) and the Criminal Procedure Act of South Korea (CPASK) as the South Korean Criminal Procedure Code. The aim of this research is to compare the authority of the prosecutor's office in investigating criminal cases between Indonesia and South Korea, which is reviewed using the Criminal Procedure Code of each country. The research method used is normative legal research through a statutory approach. The results of the research concluded that the Prosecutor's Office in Indonesia is not given the authority by the Criminal Procedure Code to investigate criminal acts, but there is a gap provided by Law No. 16 of 2004 for the prosecutor's office to investigate specific criminal acts such as corruption and money laundering. As for general crimes, the prosecutor's office does not have the authority to carry out investigations because the position of the prosecutor's office is as a prosecuting agency. Meanwhile, in South Korea, the prosecutor's office is given the authority by CPASK to carry out criminal investigations, both general and specific, both directly and indirectly. Both have their respective advantages and disadvantages. In South Korea, it is considered more efficient in terms of time and costs as well as fast handling of cases because they are handled by the same agency and prosecutors have more control over criminal cases that are being handled specifically for follow-up to the prosecution and examination stages in court.
Perbandingan Hukum Mengenai Kewenangan Penyidikan Perkara Pidana Antara Kejaksaan Indonesia dengan Korea Selatan: (Berdasarkan Kitab Undang-Undang Hukum Acara Pidana dan Criminal Prosedure Act of South Korea) Dini Mardhatillah; Muhammad Ramdan Al Musthafa
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1820

Abstract

This research focuses on discussing legal comparisons regarding the authority to investigate criminal cases between prosecutors in Indonesia and South Korea based on the Criminal Procedure Code (KUHAP) and the Criminal Procedure Act of South Korea (CPASK) as the South Korean Criminal Procedure Code. The aim of this research is to compare the authority of the prosecutor's office in investigating criminal cases between Indonesia and South Korea, which is reviewed using the Criminal Procedure Code of each country. The research method used is normative legal research through a statutory approach. The results of the research concluded that the Prosecutor's Office in Indonesia is not given the authority by the Criminal Procedure Code to investigate criminal acts, but there is a gap provided by Law No. 16 of 2004 for the prosecutor's office to investigate specific criminal acts such as corruption and money laundering. As for general crimes, the prosecutor's office does not have the authority to carry out investigations because the position of the prosecutor's office is as a prosecuting agency. Meanwhile, in South Korea, the prosecutor's office is given the authority by CPASK to carry out criminal investigations, both general and specific, both directly and indirectly. Both have their respective advantages and disadvantages. In South Korea, it is considered more efficient in terms of time and costs as well as fast handling of cases because they are handled by the same agency and prosecutors have more control over criminal cases that are being handled specifically for follow-up to the prosecution and examination stages in court.
Legal Protection of Private Platform in Carrying Out the Responsibility of Maintaining User Privacy Rights Dini Mardhatillah; Abel Parvez
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1821

Abstract

This research focuses on examining the legal protection of Electronic System Operators (PSE) in order to be consistently responsible for maintaining the privacy rights of users from state intervention that is too much into the private sphere also interferes freedom of digital business activities. This study purposed to analyze the problem of the defects legal protection provided by the state against the private rights of User because application of surveillance state and provide solutions regarding the ideal legal protection. The Research methodology use normative legal research with statute approach and conceptual approach. This study concluded that there is a threatening regulation related to private PSE and can be categorized as a form of Surveillance state in digital business world. As a result, PSE feels dilemma between wanting to protect the privacy rights of users but being subject to administrative sanctions or injuring terms&references that formed by both for submit to the state.
Co-Authors Abel Parvez Muhammad Ramdan Al Musthafa