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Hutajulu, Andreas Fransiskus
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Arts Humanities Computer Science & IT Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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PENEGAKAN HUKUM PIDANA TERHADAP CYBER CRIME DI INDONESIA Hutajulu, Andreas Fransiskus; Wahyuningsih, Sri Endah
Ensiklopedia of Journal Vol 7, No 3 (2025): Vol. 7 No. 3 Edisi 2 April 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i3.3068

Abstract

Abstract: Cybercrime regulations are scattered across both the Indonesian Criminal Code (KUHP) and outside of it. For instance, Law No. 36 of 1999 on Telecommunications was introduced to complement the KUHP. However, several issues arise in regulating cybercrime, as some forms of cybercrime can be sanctioned under existing Indonesian laws, while others remain beyond the current legal reach. For example, if a criminal act contains elements defined as a criminal offense under the KUHP but does not meet all legal requirements such as in hacking cases a legal vacuum (vacuum legis) occurs. Therefore, the KUHP and the Electronic Information and Transactions Law (UU ITE) must align in implementing norms for cyber offenses, including offenses in the field of information technology. This alignment represents a future criminalization policy (ius constituendum) in anticipation of the development of cybercrime.Keywords: Law Enforcement, Cyber Crime, Indonesia.
PERKAWINAN GADIS HAMIL DALAM PANDANGAN HUKUM ISLAM DAN HUKUM POSITIF INDONESIA Hutajulu, Andreas Fransiskus; Hutajulu, Maria Margareta
Ensiklopedia of Journal Vol 7, No 3 (2025): Vol. 7 No. 3 Edisi 2 April 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i3.3030

Abstract

Abstract: Marriage of pregnant girls according to Islamic Law has various views from various schools of thought. The Shafi'i and Hanafi schools of thought permit the marriage of pregnant women due to adultery, although with several provisions, such as not being allowed to have sexual intercourse before the woman gives birth. In the view of the Maliki and Hanbali schools of thought, the marriage is still valid, but the perpetrator of adultery is not recommended to marry a pregnant woman before giving birth, in order to maintain the clarity of lineage. All schools of thought agree that women who are pregnant due to adultery are not required to undergo the iddah period, because the iddah aims to ensure the legitimate lineage of the child. Meanwhile, according to Law Number 1 of 1974 concerning Marriage, although it does not explicitly regulate the marriage of pregnant girls, this law provides leniency through a marriage dispensation mechanism in religious or state courts, which allows couples to marry even if one party is pregnant before marriage. Children born from this marriage remain legally valid, and this marriage is recognized as long as it meets the applicable terms and conditions, including court approval. Thus, both in Islamic law and positive Indonesian law, the marriage of a pregnant girl can be considered valid as long as it meets the applicable legal provisions.Keywords: Marriage, Girl, Pregnant.
KEMAJUAN HAK ASASI MANUSIA ATAS PELARANGAN ANALOGI DALAM PENETAPAN TINDAK PIDANA BERDASARKAN PASAL 1 AYAT 2 KUHP NASIONAL S, Laurensius Arliman; Hutajulu, Andreas Fransiskus
Ensiklopedia of Journal Vol 7, No 4 (2025): Vol. 7 No. 4 Edisi 2 Juli 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i4.3336

Abstract

Abstract: This study aims to analyze the progress of human rights (HR) in national criminal law through the prohibition of using analogy in determining an act as a criminal offense, as reflected in Article 1 Paragraph 2 of the new Indonesian Criminal Code (KUHP Nasional). The research uses a normative legal method with statutory and conceptual approaches. In the context of modern criminal law, the prohibition of analogy is considered a manifestation of the principle of legality (nullum crimen sine lege), ensuring legal certainty and protecting the fundamental rights of individuals from arbitrary state actions. By disallowing analogy, no individual can be punished unless based on a previously established law. This represents significant progress in the protection of human rights, especially in ensuring that criminal law is not used as a tool of repressive power. The findings indicate that Article 1 Paragraph 2 of the KUHP affirms human rights principles aligned with international instruments such as the ICCPR. Therefore, the prohibition of analogy in national criminal law is not merely a formal legal step, but an ethical milestone in the enforcement of criminal justice.Keywords: Human Rights, Analogy, National Criminal Code, Principle of Legality.
HUKUM YANG HIDUP SEBAGAI SUMBER PEMIDANAAN BERLANDASKAN PANCASILA DAN HAK ASASI MANUSIA Arliman S, Laurensius; Hutajulu, Andreas Fransiskus
Ensiklopedia Education Review Vol 7, No 3 (2025): Volume 7 No 3 Desember 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v7i3.3760

Abstract

Abstract: The principle of legality in Indonesian criminal law has undergone significant development following the enactment of Law Number 1 of 2023 on the Criminal Code, particularly through the recognition of law living within society as regulated in Article 2. This regulation marks a paradigm shift from a purely formal understanding of the principle of legality toward a more material and contextual approach, while still maintaining legal certainty as a fundamental principle. This research aims to analyze the juridical construction of the recognition of living law as a basis for criminal punishment and its position within the Indonesian criminal law system. The research method employed is normative legal research using a historical legal approach, which examines the development of the principle of legality and its integration with social and constitutional values. The findings indicate that living law is recognized in a limited and conditional manner, insofar as it is consistent with Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights, and general principles of law recognized by civilized nations. Its position is complementary to written criminal law, functioning to fill legal gaps and to realize substantive justice. Accordingly, this regulation reflects the state’s effort to balance legal certainty, social justice, and the protection of human rights in the reform of the national criminal law system.Keywords: Punishment, Pancasila, Human Rights.
Co-Authors Hutajulu, Maria Margareta Laurensius Arliman S Sri Endah Wahyuningsih