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All Journal Awang Long Law Review Journal Indonesia Law and Policy Review (JILPR) Journal of Social Science and Education Research
Hartono, Wandi
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Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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CHALLENGES OF CRIMINAL INVESTIGATION CYBER CRIME Hartono, Wandi; Muhardi, Dekky; Akhiruddin, Ahmad; Purba, Desi Valentianna Br; Asa, Pandu; DM, Yusuf
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1351

Abstract

The investigation process still has many cases of cybercrime that are stalled due to the limited equipment owned by the Police, for example if there is a complaint or report from the public regarding the occurrence of cybercrime, the reporter reports the incident to the local Police, which usually does not have special equipment to examine complaints or reports from the public, so the Police must coordinate with the Resort Police, which if its equipment is still inadequate, must transfer the complaint or report to the Regional Police level which certainly has adequate equipment to handle cybercrime cases, this is an obstacle in the investigation in the internal sector. While for external factors themselves, there are various obstacles faced by investigators.The research that the author will conduct is normative, namely research that is based on applicable legal principles.. The conclusion isAfter understanding the regulation of investigation of cybercrime cases regulated in the Law on Information and Electronic Transactions, it can be concluded that the investigation process is carried out by a team of investigators from the Republic of Indonesia National Police who can be assisted by people who are experts in certain fields related to the case that is under investigation if needed in solving a case by maintaining privacy, data authenticity, and not disrupting public services or public facilities. Searches and/or seizures of electronic systems related to suspected criminal acts must be carried out with the permission of the local District Court.
The Role of Roscoe Pound's Social Engineering Theory in Realizing Social Justice Through Legal Discovery in Indonesia Triana, Yeni; Hartono, Wandi; Setiawan, Jetmiko; Muhardi, Dekky
Journal of Social Science and Education Research Vol. 1 No. 2 (2024): Journal of Social Science and Education Research
Publisher : Raudhah Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/rape7j02

Abstract

Roscoe Pound, a well-known legal expert from the United States, said The theory of "social engineering" describes law as a tool to engineer society towards a better order. In this context, the law is not only seen as a set of rules that govern human behavior, but also as a mechanism to create positive social change and realize social justice. The judge in examining and deciding the case, faces a reality, that the written law does not always solve the problem at hand. In fact, often judges often find the law themselves (Rechtsvinding), to complement the existing law in deciding a case. Judges on their own initiative must find the law, because judges should not reject cases on the grounds that the law does not exist, is incomplete, or the law is vague. The method used is normative legal research. Based on the results of the study, it is known that the Role of Roscoe Pound's Social Engineering Theory in Realizing Social Justice Through Legal Discovery in Indonesia that Roscoe Pound's social engineering theory offers a useful framework to understand and improve the role of law in realizing social justice in Indonesia. Through the application of social engineering principles, law can serve as a tool to create positive social change, protect the interests of society, and ensure an equitable distribution of justice. In the Indonesian context, the application of this theory has been seen in various regulations aimed at improving social welfare and overcoming injustice. By continuing to develop and apply social engineering theories in legal discovery, Indonesia can be more effective in facing social challenges and realizing a more just and prosperous society.
LEGAL CERTAINTY IN THE SUSPENSION OF CRIMINAL CASES DUE TO THE EXISTENCE OF CIVIL CASES IN THE LEGAL JURISDICTION OF THE KAMPAR RESORT POLICE Hartono, Wandi; Harahap, Irawan; Pardede, Rudi
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.453

Abstract

In the practice of criminal law enforcement in the jurisdiction of the Kampar Resort Police, legal issues often arise when a criminal case overlaps with a civil dispute. For instance, in cases involving alleged fraud or embezzlement, the reported party frequently argues that the matter is essentially a civil issue due to the existence of an agreement or contractual relationship between the parties. In this context, a legal question emerges regarding whether a criminal case may or should be suspended due to an ongoing or unresolved civil case. This situation creates tension between the principles of substantive justice, the doctrine of ultimum remedium in criminal law, and the principle of legal certainty. The objectives of this research are: to analyze legal certainty in the suspension of criminal cases due to the existence of civil cases within the jurisdiction of the Kampar Resort Police; to analyze the obstacles to legal certainty in such suspensions; and to analyze efforts to overcome these obstacles. The method used in this study is sociological legal research. Based on the findings, legal certainty in the suspension of criminal cases due to civil disputes in the Kampar Police jurisdiction has not been properly implemented. This is due to the legal provision that states criminal cases are not bound by civil proceedings. However, in practice, there is inconsistency in the application of this principle. In some instances, the criminal process continues despite ongoing civil litigation, while in others, it is suspended without a clear legal basis aside from the existence of a civil suit. The obstacles to legal certainty in the suspension of criminal cases include the lack of clear regulations and technical guidelines regarding the criteria and limits of suspension, limited protection for investigators' authority in making sensitive legal decisions, and conceptual confusion between criminal and civil matters, compounded by inadequate understanding among law enforcement officers. Efforts to overcome these obstacles include developing an internal policy framework in the form of technical guidelines or Standard Operating Procedures (SOPs) that detail when and under what conditions a criminal case may be suspended due to a civil dispute; the need for careful and well-documented legal assessments by investigators in every suspension process; and the establishment of official regulations or guidelines within the Indonesian National Police explicitly governing the limits and procedures for suspending criminal cases related to civil matters.
CHALLENGES OF CRIMINAL INVESTIGATION CYBER CRIME Hartono, Wandi; Muhardi, Dekky; Akhiruddin, Ahmad; Purba, Desi Valentianna Br; Asa, Pandu; DM, Yusuf
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1351

Abstract

The investigation process still has many cases of cybercrime that are stalled due to the limited equipment owned by the Police, for example if there is a complaint or report from the public regarding the occurrence of cybercrime, the reporter reports the incident to the local Police, which usually does not have special equipment to examine complaints or reports from the public, so the Police must coordinate with the Resort Police, which if its equipment is still inadequate, must transfer the complaint or report to the Regional Police level which certainly has adequate equipment to handle cybercrime cases, this is an obstacle in the investigation in the internal sector. While for external factors themselves, there are various obstacles faced by investigators.The research that the author will conduct is normative, namely research that is based on applicable legal principles.. The conclusion isAfter understanding the regulation of investigation of cybercrime cases regulated in the Law on Information and Electronic Transactions, it can be concluded that the investigation process is carried out by a team of investigators from the Republic of Indonesia National Police who can be assisted by people who are experts in certain fields related to the case that is under investigation if needed in solving a case by maintaining privacy, data authenticity, and not disrupting public services or public facilities. Searches and/or seizures of electronic systems related to suspected criminal acts must be carried out with the permission of the local District Court.
Co-Authors Akhiruddin, Ahmad Asa, Pandu DM, Yusuf Harahap, Irawan Muhardi, Dekky Pardede, Rudi Purba, Desi Valentianna Br Setiawan, Jetmiko Triana, Yeni