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p-Index From 2021 - 2026
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All Journal TOFEDU: The Future of Education Journal JLASA (Journal of Law and State Administration)
Manaf, Idham
Unknown Affiliation
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Other

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Analysis of Carding Crime as A Form of Cyber Crime in Indonesian Criminal Law Manaf, Idham
JLASA (Journal of Law and State Administration) Vol. 1 No. 1 (2023): JLASA (Journal of Law and State Administration)
Publisher : YHMM PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56327/jlasa.v1i1.2

Abstract

Technological developments have had a positive impact on human life but on the one hand they have also had a negative impact which has led to the emergence of a new type of crime in the field of technology called cybercrime, namely the crime of credit card data theft. Carding is credit card fraud where the perpetrator knows someone's credit card number that is still valid to use, then the perpetrator can buy goods online whose bill can be addressed to the original owner of the credit card, while the perpetrator is called a carder. This type of research uses a normative approach. The data collection technique is through the literature and laws and regulations then analyzed descriptively qualitatively. Carding crimes in Indonesia are charged with legal regulations using Articles 362, 363, and 378 of the Criminal Code and Article 31 paragraphs 1 and 2 of the 2008 ITE Law. With the existence of legal regulations regarding carding crimes, it is expected to reduce the number of carding crimes in Indonesia. Prevention of carding crimes by using penal or repressive means is by imposing criminal sanctions and trying to take action by correcting the perpetrators and non-penalty/preventive means, which include preaching activities, legal counseling lectures, counseling in the fields of religion, ethics and law
The Implementation of the Best Interest of the Child Principle in the Diversion Process of Child Investigation in Traffic Offense Cases (A Study of Way Kanan Police Resort) Marcello, Muhammad Reuben; Manaf, Idham
The Future of Education Journal Vol 5 No 1 (2026): IN PROGRESS
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i1.1605

Abstract

A child, as a legal subject, holds a special status that demands distinct treatment compared to adults, both in terms of legal procedures and handling approaches. The issues in this research include how the diversion process is carried out for children as traffic crime offenders at the Way Kanan Police Department and how the principle of the best interest of the child is implemented in the diversion process at the Way Kanan Police Department. The research method used is a normative legal approach supported by an empirical legal approach. Data was collected through library research on legislation and direct interviews with investigators at the Way Kanan Police Department. The research findings show that the handling of child cases has been carried out in accordance with Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, through coordination with the prosecutor’s office and the involvement of the Correctional Center. The principle of the best interest of the child is applied by considering the fulfillment of the child's rights, protecting their psychological condition, and resolving the case through restorative justice efforts. However, in practice, there are still obstacles, such as the influence of third parties in the reconciliation process and legal issues related to parental negligence that contribute to traffic accidents. This study concludes that the application of the principle of the best interest of the child must be balanced and contextual, while also considering parental responsibility and the sense of justice for society, so that child protection goals can be achieved without neglecting legal certainty.
Co-Authors Marcello, Muhammad Reuben