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p-Index From 2020 - 2025
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All Journal International Journal of Law, Crime and Justice
Martono Anggustin
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Law, Crime, Criminology & Criminal Justice

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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.
Legal Consequences of Debtor Bankruptcy on Recipient Agreements Made Prior to Bankruptcy Based on Law Number 37 of 2004 Laia, Felix Otaris; Martono Anggustin; Roida Nababan
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : 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.v2i3.731

Abstract

This study explores the legal consequences of bankruptcy on reciprocal agreements made prior to the debtor’s declaration of bankruptcy, as governed by Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. In the event of bankruptcy, control and management of the debtor's assets are transferred to a curator, which can alter the implementation of reciprocal agreements that have not been fully or partially fulfilled. According to Article 36 of Law No. 37/2004, parties who have agreements with the debtor can request confirmation regarding the continuation of the agreement from the curator within a specified period. If the curator decides not to continue, the agreement is terminated, and the other party has the right to claim compensation and will be recognized as a concurrent creditor. This study also examines the legal protection available to the parties involved, as well as the practical implications for legal and business relationships after a bankruptcy decision is made. The findings demonstrate that bankruptcy significantly affects the performance of reciprocal agreements, necessitating adjustments to the rights and obligations of all parties based on the provisions of the Bankruptcy Law. These adjustments are essential to ensuring justice and legal certainty for all parties involved in such agreements, balancing the interests of creditors, debtors, and other stakeholders. Ultimately, the study emphasizes the importance of understanding the legal framework surrounding bankruptcy and its consequences on ongoing contractual relationships, as well as the need for a fair and transparent process in dealing with claims and obligations post-bankruptcy.
Co-Authors Laia, Felix Otaris Lesson Sihotang Roida Nababan Wendi Darman Laia