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All Journal Media Hukum Indonesia (MHI) Journal Social Sciences and Humanioran Review
Nurrachman, Azzahra
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Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Validitas Bukti Digital dan Legalitas Penangkapan Pada Kasus Peretasan Akun Media Sosial Ravio Patra Maharani, Nurrachma; Lamminar, Anatasia; Christiansen, Nicholas; Rafidah, Annisa Rahma; Nurrachman, Azzahra; Nugroho, Andriyanto Adhi
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11535188

Abstract

Instant Messaging (IM) technology such as WhatsApp has grown rapidly, but it has also become a medium for cybercrime. This research examines the validity of digital evidence and the legality of arrest in the case of hacking the social media account of Ravio Patra, an activist accused of spreading provocation through WhatsApp after his account was hacked. Using a juridical-normative method, this research examines the types of digital evidence that are valid in Indonesia as well as aspects of the legality of arrests based on digital evidence. Relevant types of digital evidence include server log records, account activity, digital messages, and metadata. The validity of digital evidence is governed by the Electronic Information and Transaction Law (UU ITE) and the Criminal Procedure Code (KUHAP). Authentication processes are essential to ensure data integrity, but are often questioned due to the potential for manipulation. The Ravio Patra case shows the importance of legality in arrest and fair evidence collection. The identification of the actual perpetrator is crucial to prove the guilt or innocence of the accused. This research highlights the need for clear regulations and transparency in the management of digital evidence, as well as updates to legal regulations that are responsive to developments in information technology. Suggestions are given to strengthen regulations, ensure transparent processes, and provide regular training for law enforcement to handle digital evidence professionally and effectively
Perbandingan Hukum Perdata Tentang Orang dan Badan Hukum di Indonesia, Amerika dan Inggris Rafidah, Annisa Rahma; Nurrachman, Azzahra
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12190210

Abstract

Legal subjects are anything that can obtain rights and obligations from the law. Legal subjects are bearers of rights or subjects in law, namely people. Legal entities are legal subjects that do not have souls like humans, so that legal entities cannot carry out legal acts themselves, but are represented by ordinary humans and the person acts not as themselves, but on behalf of the legal entity. Descriptive research methods focus on collecting and analyzing data to provide a clear picture of a phenomenon or situation. Descriptive-analytical research is more specific, because in addition to describing phenomena, this method also analyzes the relationship or association between variables. By comparing the law in Indonesia with the law in other countries, we can have a new outlook on life. Although there are differences in the legal systems of each country, humans still have the same rights and obligations in the eyes of the law.
PROBLEMATICS OF DEVELOPING THE INDONESIAN CAPITAL CITY ON TRADITIONAL LAND: BETWEEN STATE INTERESTS AND PROTECTION OF INDIGENOUS COMMUNITIES Nurrachman, Azzahra
Journal Social Sciences and Humanioran Review Vol. 1 No. 06 (2024): NOVEMBER
Publisher : Zhata Institut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64578/jsshr.v1i06.158

Abstract

The relocation of Indonesia’s capital city to East Kalimantan is expected to serve as a solution to reduce regional disparities, promote equitable economic growth, and accelerate infrastructure development. However, in practice, there remains considerable uncertainty regarding the legitimacy and legal protection of the rights of Indigenous Peoples directly affected by the development of the new capital, Nusantara (IKN). The lack of meaningful involvement of Indigenous communities in the planning and decision-making processes poses a threat to the continuity of their culture, traditions, and living spaces—resources that have been sustainably managed across generations. This study aims to analyze the problems of developing the new capital city (IKN) on customary land. This study uses a normative juridical approach, emphasizing the study of relevant laws and legal documents. The results indicate that the development of the new capital city raises serious problems related to the survival of the Balik indigenous community. Indigenous communities are threatened with the loss of their customary territories, which they have traditionally controlled and utilized. Concerns about the loss of livelihoods, limited clean water, ecosystem damage, and the threat of criminalization continue to threaten indigenous communities. This situation reflects the denial of indigenous peoples' rights and reinforces their position as a marginalized group.
Co-Authors Andriyanto Adhi Nugroho Christiansen, Nicholas Lamminar, Anatasia Maharani, Nurrachma Rafidah, Annisa Rahma