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Politik Hukum yang Terdapat pada Pertimbangan Hakim dalam Perkara Pidana di Indonesia Ismaidar Ismaidar; Tamaulina Br. Sembiring; Jesslyn Elisandra Harefa
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 4 (2024): Desember: Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i4.727

Abstract

Political law is the basic policy that is the basis for the formation, implementation and enforcement of law in a country. In the context of criminal cases in Indonesia, legal politics is reflected in the judge's considerations when handing down a decision. This research aims to analyze how legal politics influences judges' considerations in criminal cases and the extent to which these factors reflect substantive justice, legal certainty and legal benefits. By using a normative juridical approach and analysis of court decisions, this research finds that judges' considerations are influenced by various factors, such as statutory regulations, legal doctrine, jurisprudence, and social values ​​that develop in society. The legal politics applied by judges in their decisions often show an attempt to balance the need for legal certainty with substantive justice. However, in some cases, it was found that judges' considerations could be influenced by external pressures or developing political dynamics, which had the potential to cloud the principle of judicial independence. These findings provide important insights for policy makers and law enforcers to strengthen a justice system that is oriented towards justice and integrity.
Jurisdictional Enforcement Of Cyber Crime Against Lottery Scam Jesslyn Elisandra Harefa; Rahmayanti Rahmayanti; Eri Siswanto; Faruq Rozy; Ireny Natalia Putri Sihite
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.675

Abstract

Cyber crime is increasingly prevalent with various modes, one of which is fraud under the guise of lottery prizes. This crime not only causes financial losses but also complicates law enforcement officials in terms of jurisdiction, especially if the perpetrators and victims are located in different regions, even across countries. This research aims to analyze how jurisdiction is enforced in dealing with cyber-based fraud crimes and examine the effectiveness of national legal instruments against the digital fraud mode. The research method used is a normative juridical approach with secondary data analyzed descriptively-analytically. The results show that jurisdictional enforcement in this case still faces technical and legal challenges, especially in the aspect of inter-state coordination and the limitations of domestic legal instruments in reaching cross-border perpetrators. Strengthening international cooperation and updating national regulations are needed to anticipate the dynamics of cybercrime.
Efektivitas Kebijakan Hukum Pidana dalam Menjamin Perlindungan Hak Asasi Manusia terhadap Korban Perdagangan Orang di Indonesia Jesslyn Elisandra Harefa; Suci Ramadani; Muhammad Arif Sahlepi
Prosiding Seminar Nasional Ilmu Hukum Vol. 2 No. 1 (2025): Juni : Prosiding Seminar Nasional Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v2i1.52

Abstract

The rapid development of information technology has opened up opportunities for new threats to national security, one of which is information system hacking. Cyberattacks not only cause economic losses and disrupt public services but also pose a serious threat to Indonesia's digital sovereignty. In this context, state intelligence plays a strategic role as the vanguard in detecting, analyzing, and countering various threats to the country's strategic information systems. However, strengthening the state intelligence function in countering hacking crimes still faces various obstacles, ranging from immature regulations, weak inter-agency coordination, to limited technology and human resources. This study aims to assess the effectiveness of strengthening state intelligence in countering information system hacking and to formulate the urgency of updating national legal policy to support the formation of a strong, integrated, and professional cyber intelligence system. Using normative legal research methods supported by conceptual and case-based approaches, this study concludes that strengthening state intelligence requires regulatory updates, institutional integration, and investment in technology and human resources to safeguard national sovereignty in the digital era.
Accountability of Corporate Criminal Implementation for the Defendant of Character Assassination Acts Jesslyn Elisandra Harefa; Yasmirah Mandasari Saragih; Bonari Tua Silalahi; Ireny Natalia Putri Sihite; Sudarno Hariadi Nasution
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 2 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i2.4740

Abstract

The phenomenon of character assassination is now increasingly prevalent in the digital realm, often carried out by corporate entities through destructive information campaigns. Unfortunately, the criminal law system in Indonesia has not been fully able to provide strict accountability for legal entities. This research aims to analyze how criminal accountability can be applied to corporations involved in character assassination. The research method used is a normative juridical approach with qualitative analysis techniques of relevant regulations and case studies. The results of the study show that there is a void of norms in Indonesian criminal law related to corporate criminal liability in non-physical cases such as digital defamation.
Tiada Sesuatu Perbuatan Boleh Dijatuhi Pidana Melainkan Lewat Kekuatan Ketentuan Perundang-Undangan Amstrong Harefa; Jesslyn Elisandra Harefa
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 2 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i2.5033

Abstract

The principle of legality is a legal principle that states that every act may only be subject to sanctions if it has been stipulated in the legislation before the criminal act is committed. The research aims to analyze the necessity of a law before a criminal event occurs; analyze the assessment of an act that is not analogous; analyze the need for the principle of legality to protect individuals from arbitrary actions by judicial officers. The research method is the normative legal method, by adopting conventions, legislation, law books, journals, articles, the internet. Furthermore, comprehensively reviewing the literature so that maximum results are obtained. The results of the research, law enforcement that is fair, pure and consistent is still difficult to achieve considering that many officers still do not fully understand the meaning of the principle of legality so that they often make mistakes in considering imposing criminal sanctions, and often their decisions exceed their authority. Human rights are inherent rights in individuals, so individuals should get their rights. Protection of individual rights is mandated in the 1945 Constitution Article 28G paragraph (1) Article 28H paragraph (1). Legal certainty is a vital element in building an honest and fair legal strategy. It is expected that when laws are created, they should be in accordance with a systematic, democratic mechanism based on empirical observation results, so that errors in the application of the law can be minimized. Thus, all people get legal certainty where their rights are protected and maintained, on the other hand, each individual is aware not to do prohibited acts because every action has logical and firm consequences.