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All Journal Media Hukum Indonesia (MHI)
Rilya, Muhammad Avin Athalla
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Law, Crime, Criminology & Criminal Justice

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Analisis Kriminologi Kasus Pembunuhan Mahasiswa Universitas Indonesia Yang Disebabkan Oleh Pinjaman Online (Studi Kasus Pembunuhan Naufal Zidan) Fadhlullah, Muhammad Azhar Zakiy; Valentara, Aqilla Banyu; Nugroho, Aji Bayu; Friyadhi, Naufal Farros; Rilya, Muhammad Avin Athalla; Yuli, Yuliani
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12169389

Abstract

The murder case committed by a University of Indonesia student occurred on August 23 2023 and was motivated by the perpetrator getting into online loan debt due to losing playing crypto. Economic factors are one of the many factors that cause someone to commit criminal acts. Online loans have claimed many victims because debt collectors collect them in inhumane ways, causing many online loan victims to become stressed to the point of committing suicide. High interest rates and the sharing of victims' personal data are one of the dangers of online loans. In this day and age, many online loan victims commit crimes up to murder because they don't know what else to do to pay off debts with unreasonable interest rates. Here, it explains that economic factors that are unable to provide certainty for life can result in high crime rates in society. The role of government and law enforcement is needed to be able to provide economic regulations that can improve the welfare of the people and criminalise individuals or groups that cause harm to other people so that the number of crimes decreases and people can live comfortably in their environment.
Positivism and Its Implications for Legal Science and Law Enforcement Rilya, Muhammad Avin Athalla; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17800493

Abstract

This study aims to critically analyze the concept of positivism—both as a paradigm in the philosophy of science and as a school of thought in legal theory (legal positivism)—and examine its profound implications for the development of science (particularly the social sciences) and law enforcement practices. Positivism, which emphasizes empirical data, observation, verification, and a clear separation between fact (is) and value (ought), has shaped modern scientific methodology. However, when applied to law, legal positivism (as advocated by Austin and Kelsen) limits legal validity to formal procedures and competent authorities, ignoring moral considerations or substantial justice. Using normative-empirical research methods and a comprehensive literature review, it is found that the dominance of positivism in science fosters methodological objectivity, but in law enforcement, it can produce procedural legitimacy that is vulnerable to justice criticism. The main implication is the emergence of tension between the legal certainty promised by positivism and the pressing demands of substantive justice.
Co-Authors Fadhlullah, Muhammad Azhar Zakiy Friyadhi, Naufal Farros Nugroho, Aji Bayu Triadi, Irwan Valentara, Aqilla Banyu Yuli, Yuliani