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All Journal Jurnal Daulat Hukum Socius: Social Sciences Research Journal
Manurung, Karina Hasiyanni
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Peran Mutual Legal Assistance Dalam Memerangi Kejahatan Transnasional Penangkapan Ikan Secara Ilegal di Indonesia Manurung, Karina Hasiyanni; Prasetyo, Handoyo
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 12 (2024): July
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12179181

Abstract

Illegal fishing is an issue that has a broad and serious impact on the economy, environment and maritime security. First of all, this illegal practice causes significant economic losses for Indonesia, estimated at hundreds of trillions of rupiah every year. Apart from that, illegal fishing also has a serious impact on marine ecosystems and the sustainability of fisheries resources. The research method used is normative research. This research aims to analyze and test the application of norms contained in legal regulations, such as laws and other legal literature, which are related to the main issues discussed. The problem approach is used to identify and limit research problems, so that the process of data collection, analysis and discussion becomes more structured and focused. The research results show that Mutual Legal Assistance (MLA) has a crucial role in fighting transnational crime, especially illegal fishing (IUU Fishing) in Indonesia. MLA enables effective international cooperation, facilitating the exchange of information, evidence collection, and cross-border legal action. The types of assistance that can be sought through MLA, such as locating and identifying individuals, obtaining evidence, and seeking the appearance of witnesses in court, have proven to be very important in supporting law enforcement in the fisheries sector. The implementation of regulations such as Law Number 45 of 2009 concerning Fisheries and Law Number 1 of 2006 concerning Mutual Assistance in Criminal Matters, as well as relevant international legal principles, shows that existing regulations are adequate to deal with IUU Fishing.               
The Validity of Electronic Evidence and Its Relation to Personal Data Protection Manurung, Karina Hasiyanni; Harefa, Beniharmoni
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.41815

Abstract

An examination of electronic evidence within the context of Indonesian criminal law focuses on the evolving role of electronic evidence in criminal proceedings, highlighting the challenges arising from the absence of clear regulation in the Indonesian Criminal Procedure Code (KUHAP) and the necessity of balancing this with privacy rights under the Personal Data Protection Law (UU PDP). Electronic evidence, such as digital data and electronic documents, is increasingly recognized under the applicable laws in Indonesia, yet its practical application remains complex within the criminal justice system.  This research employs a normative legal methodology, analyzing relevant legal provisions and their interplay, particularly concerning the validity of electronic evidence and data privacy. Both statutory and conceptual approaches are utilized, reviewing primary legal materials such as KUHAP, UU PDP, and related regulations. The study also examines key legal principles, including compliance, transparency, and proportionality, in the context of handling electronic evidence.  Secondary data is gathered through a comprehensive literature review, including legal texts, academic books, and journals. The findings indicate significant gaps in the current legal framework, particularly regarding the procedural norms for evidence collection and the tension between privacy rights and criminal justice needs. The research concludes with recommendations for legal reforms aimed at integrating electronic evidence more effectively into KUHAP, ensuring greater consistency, safeguarding privacy, and promoting procedural fairness in criminal proceedings.
Co-Authors Beniharmoni Harefa Handoyo Prasetyo