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All Journal Jurnal Hukum Prioris Reformasi Hukum Trisakti Amicus Curiae
Andi Widiatno
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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TINDAK PIDANA MENJUAL CHIP GAMES HIGGS DOMINO SECARA ONLINE KASUS PUTUSAN NO 124/PID.SUS/2023/PN. PGP: The Crime Of Selling Higgs Domino Games Chips Online Case Ruling No 124/PID.SUS/2023/PN. PGP Setiawan Akbar Mahesa; Andi Widiatno
Reformasi Hukum Trisakti Vol 7 No 1 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i1.22327

Abstract

Massive online gambling in Indonesia, one of which is the Higgs Domino game, where in the game you need a chip coin to play this game, so there are people who deliberately sell the chip coins to other parties who want to play Higgs Domino gambling. The legal problem is what is the basis for the judge to impose criminal sanctions on the perpetrator of the crime of selling Higgs Domino game chips under Article 27 paragraph (2) of the ITE Law? and are the sanctions imposed on the perpetrators of the crime of selling Higgs Domino chips in accordance with the objectives of the punishment? This writing is included in normative research with its analytical descriptive nature and conclusions are drawn deductively. The results and conclusions of this paper show that the judge's basis for imposing criminal sanctions based on the provisions of Article 27 paragraph (2) of the ITE Law is incorrect and the sanctions imposed are not in accordance with the objectives of punishment, namely Reformation, Resraint, Retribution, and Deterrence
PEMBERATAN SANKSI PIDANA TERHADAP PELAKU KEKERASAN SEKSUAL TERHADAP ANAK DALAM HUBUNGAN KELUARGA (STUDI PUTUSAN NOMOR 215/PID.SUS/2023/PN JKT. BRT): Aggravation Of Criminal Sanctions Against Perpetrators Of Sexual Violence Against Children In Family Relationships (Study Of Decision Number 215/Pid.Sus/2023/PN Jkt. Brt) Syifa Sabrina Yuwono; Andi Widiatno
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24273

Abstract

Sexual violence against children within the family is an increasingly prevalent issue, even when the victims are physically prepubescent and lack adult sexual characteristics. This study identifies problems concerning the psychological, emotional, and social impacts experienced by child victims of sexual violence within the family environment, including fear, trauma, mistrust of others, and feelings of guilt over the incidents. The research employs a normative-descriptive approach, utilizing literature review and analysis of relevant case studies. The findings indicate that victims suffer from physical and psychological trauma, exhibit withdrawn behavior, and experience guilt, exacerbated by social intimidation that blames the child for the incident. Sexual violence within the family not only causes individual harm but also disrupts social relationships and the psychological development of the child in the long term. With the results of the research and conclusion, it was found that legal protection and psychological interventions for child victims are critically needed, alongside increased awareness within families and communities to prevent sexual violence and support the comprehensive recovery of victims.
PEMIDANAAN TERHADAP PELAKU YANG MENDISTRIBUSIKAN GAMBAR PORNOGRAFI: Punishment Of Offenders Who Distribute Pornographic Images Nida Zhakia Jasmine; Andi Widiatno
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19121

Abstract

Decision Number 812/Pid.sus/2021/PN Bjm states that the criminal act of distributing pornographic images, which is regulated in Article 27 paragraph (1) UU ITE Law, is the lex specialist of the Criminal Code because it regulates the dissemination of information through Internet. The formulation of the problem in the decision is pornographic images are included in the moral content of Article 27 paragraph 1 of the ITE Law pornographic images with Article 45 paragraph 1 in conjunction with Article 27 paragraph 1. To answer this problem the research method used is Normative law using secondary data from primary and secondary legal materials accompanied by analytical descriptive research and discussion and research results pornographic images are considered to be moral in Article 27 paragraph 1 of the ITE Law. However, there was a discrepancy in the sentence imposed on the defendant. Even though a prison sentence of 3 years was required, the decision gave a sentence of 2 years, not considering the fact that defendant also committed the crime of creating and manipulating electronic information before distributing pornographic images. The conclusion from this research is that defendant should be sentenced under Article 35 in conjunction with Article 51 of the ITE Law.  
TANGGUNG JAWAB PEMILIK PERANGKAT ALAT ELEKTRONIK YANG DISALAH GUNAKAN UNTUK PROSTITUSI ONLINE (STUDI PUTUSAN NOMOR 65/PID.SUS/ 2023/PN.WNS): Responsibility Of The Owner Of Electronic Devices That Are Misused For Online Prostitution (Study Decision Number 65/Pid.Sus/ 2023/Pn.Wns) Mochamad Erlano Senaji; Andi Widiatno
Jurnal Hukum PRIORIS Vol. 12 No. 2 (2024): Jurnal Hukum Prioris Volume 12 Nomor 2 Tahun 2024
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v12i2.24934

Abstract

The advancement of information technology has introduced new legal challenges, particularly in online prostitution cases. This study examines the criminal liability of electronic device owners used in online prostitution, focusing on the Court Decision Number 65/Pid.Sus/2023/PN.Wns. The defendant, JF, was charged under Article 27 Paragraph (1) in conjunction with Article 45 of the ITE Law and Article 56 Paragraph (2) of the Indonesian Criminal Code for alleged assistance and transmission, despite only lending an electronic device without direct involvement in the crime. The analysis reveals that the defendant did not meet the elements of transmission or assistance and, therefore, should not be held criminally liable. The geen straf zonder schuld principle should apply, as no actual wrongdoing was proven. Thus, the court ruling is deemed inconsistent with justice and legal certainty. This study highlights the need for clearer regulations regarding the liability of electronic device owners in criminal law.
Co-Authors Mochamad Erlano Senaji Nida Zhakia Jasmine Setiawan Akbar Mahesa Syifa Sabrina Yuwono