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All Journal Nommensen Journal of Legal Opinion Journal of Legal and Cultural Analytics (JLCA) Journal of Law, Poliitic and Humanities Indonesian Journal of Law and Justice International Journal of Law, Crime and Justice
Lesson Sihotang
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Crime Of Theft With Violence Against Minors as Perpetrators Siregar, Nyesti; July Esther; Lesson Sihotang
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3622

Abstract

The research diacusses the Crime of Theft of Minors as Perpetrators with an example of decision no.36/Pid.Sus.Anak/2024/PN.Mdn. The case study approach is normative juridical law, studying, analyzing, by observing and understanding cases related to issues and legislative approaches related to legal issues in terms of legal principles, doctrines and jurisprudence. Author Data Creation Primary, Secondary, and Tertiary Data Sources focus on literature research using qualitative analysis by observing data obtained by interconnecting with several literature in the form of scientific works, books, the internet, and legal journals related to problem analysis with conclusions in knowing the Application of Law and the Basis of Judges' Considerations in providing punishment as accountability for actions committed by children,  Children, in addition to having factors that encourage the occurrence of a criminal act, have a different position from adults in the justice system and need guidance and rehabilitation to prevent criminal behavior in the future and the basis for the judge's consideration provides a deterrent effect so that it does not happen again in the future against the Crime of Theft with Violence against Minors as the perpetrator.
Influencer Responsibilities in Disseminating Product Information: Consumer Protection Perspective in Indonesia Nila Muhedina Simarmata; Debora; Lesson Sihotang
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13745

Abstract

In the digital era, social media has become a primary platform for product marketing, with influencers playing a crucial role in promoting goods and services. However, influencers often promote products that are not registered with the Indonesian Food and Drug Supervisory Agency (BPOM), potentially harming consumers. This study aims to analyze the responsibilities of influencers in promoting unregistered products and the mechanisms of consumer protection available in Indonesia. This research employs a normative legal method by analyzing statutory regulations, including Law Number 8 of 1999 on Consumer Protection and various BPOM regulations. The findings indicate that influencers can be held legally accountable for promoting illegal products, either due to negligence or intentional actions. Furthermore, consumer protection mechanisms are available through BPOM's supervision, sanctions against violators, and legal dispute resolution channels, both in and out of court. Strict law enforcement and comprehensive education are expected to foster a more responsible and safer marketing environment for consumers in the digital era.
Criminal Liability of Perpetrators of Extortion Crimes Using Escort and Security Services as a Mode for Container Trailer Truck Transport Fleets (Study of Decision No. 952/PID.B/2021/PN.JKT.UTR) Johansen E.H.Hasugian; Martono Anggusti; Lesson Sihotang
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13864

Abstract

The phenomenon of crime occurs every day and is experienced by Indonesian society, such as mugging, armed robbery, theft, robbery, assault, rape, murder, and youth brawls, which are known as street crimes. One of the cases that often occurs is extortion. The crime of extortion can occur anywhere and anytime, harming the victim and society. Therefore, extortion perpetrators are given severe sentences to provide a deterrent effect. Extortion is an act that aims to benefit oneself by using violence or threats so that the victim gives something. This crime violates legal norms and has a detrimental impact on the victim, so it requires legal resolution. This study uses a normative legal method with a statute approach, a fact approach, and a case approach. Based on Decision No. 952/Pid.B/2021/PN Jkt.Utr, the judge determined extortion as a crime that meets the objective and subjective elements in Article 368 of the Criminal Code. Further analysis is needed to understand the judge's considerations and the application of the principle of justice in the decision.
Legal Accountability of Legal Subjects in the Criminal Act of Human Trafficking Rio Saputra Manullang; Janpatar Simamora; Lesson Sihotang
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1428

Abstract

Corporate human trafficking crimes represent a serious issue involving human rights violations in Indonesia and other countries. Although Indonesia has regulated this crime through Law No. 21 of 2007 on the Eradication of Human Trafficking (PTPPO), the enforcement of laws against human trafficking still faces significant challenges. This study aims to analyze the legal responsibility of corporations as subjects of law in human trafficking crimes and to understand the mechanisms of penalization against corporations involved in such crimes. The research method used is normative juridical with a literature study approach, gathering data from primary sources such as regulations and secondary sources including books, journals, and relevant literature. Data analysis is conducted deductively, beginning with fundamental legal principles applied to the phenomenon of human trafficking crimes. The study's findings show that corporations can be held collectively criminally liable if the crime is committed by their members acting on behalf of and in the interest of the corporation. The PTPPO law expands legal accountability for corporations to ensure more effective prevention and deliver justice for victims. Penalties that can be imposed on corporations include fines, imprisonment, and other social sanctions, focusing on direct, indirect, and leadership responsibilities. This study concludes that the implementation of criminal liability against corporations aims to encourage ethical corporate behavior, protect human rights, and strengthen global efforts to combat human trafficking.
Application of Criminal Law in Online Gambling Case: (Case Study Decision No. 02/Pid.B/2022/PnPwk) Wendi Darman Laia; Martono Anggustin; Lesson Sihotang
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): March : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i1.440

Abstract

This research discusses the application of criminal law in online gambling cases in Indonesia, with a focus on decision No. 02/Pid.B/2022/PnPwk. The development of information technology has led to the emergence of cybercrime, including online gambling, which has a negative impact on society. Through a normative research approach, this study analyzes the challenges faced in law enforcement related to cybercrime, as well as legal protection for victims. The results show that despite regulations such as the Electronic Information and Transaction Law (EIT Law), many provisions are considered ambiguous, resulting in legal uncertainty. Law enforcement is also hampered by a lack of technological understanding among law enforcement and limited international cooperation. Therefore, it is necessary to update regulations and increase technological capacity to strengthen efforts to handle online gambling in the digital era. This research is expected to provide insights for the development of legal policies that are more effective and responsive to the challenges of cybercrime.
TINJAUAN HUKUM TENTANG PEMUTIHAN PINJAMAN AKIBAT DEBITUR MENINGGAL DUNIA Sianturi, Tri Saputra Marojahan; Roida Nababan; Lesson Sihotang
Nommensen Journal of Legal Opinion Vol. 5 No. 2 Juli 2024
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v5i2.1035

Abstract

This study aims to determine the principle of prudence in providing credit at the Panitonga branch of Bank Rakyat Indonesia and to find out what causes credit whitening if the debtor dies at the Panitonga branch of Bank Rakyat Indonesia. The type of research used is Field Research (Interview) and Library Research (library) and materials related to the law regarding credit whitening due to the death of the debtor. The principle of prudence in lending to Bank Rakyat Indonesia Panitonga is to maintain the soundness of the bank with the provisions of capital requirements, asset quality, management quality, liquidity, profitability, solvency, and other aspects related to the bank with the provisions and implementation of the 5C principles and & 7P. Credit whitening carried out at the BRI Panitonga branch when the debtor dies due to a loan insurance which is in accordance with the provisions of the insurance policy, if the debtor dies, the insurance covers/pays the remaining credit from the side debtor, so that the debtor's heirs are not burdened with credit payments of the deceased debtor.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN PT OVO FINANCE INDONESIA SETELAH IZIN USAHA DICABUT OLEH OTORITAS JASA KEUANGAN Arta Dian Sopinta Maruao; Lesson Sihotang; Debora
Nommensen Journal of Legal Opinion Vol. 5 No. 1 Januari 2024
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v5i1.2360

Abstract

A finance company is a company that provides goods or capital needed by the community through cooperation with companies that provide goods referred to by a gradual payment mechanism. Therefore, finance companies have a great responsibility for the fulfillment of consumer rights when entering into agreements, for example in the use of consumers' personal data and information. PT Ovo Finance Indonesia, which is a finance company that has been revoked its business license by the Otoritas Jasa Keuangan in October 2021. This business license revocation event brought a serious polemic to the legal protection of the rights and obligations of its consumers. In an effort to provide legal protection, it will be divided into two types, namely preventive legal protection and repressive legal protection. In this study, we will discuss and understand the scope of the condition of the company PT Ovo Finance Indonesia after its business license is revoked by the Otoritas Jasa Keuangan and how to legally protect the rights and obligations of its consumers. Therefore, to answer this formulation, researchers conduct research using normative legal methods and descriptive qualitative. Researchers will trace and review laws regulations to then be able provide an overview of the subject matter that occurs.
Co-Authors Arta Dian Sopinta Maruao Debora Esther, July Janpatar Simamora Johansen E.H.Hasugian Martono Anggusti Martono Anggustin Nila Muhedina Simarmata Rio Saputra Manullang Roida Nababan Sianturi, Tri Saputra Marojahan Siregar, Nyesti Wendi Darman Laia