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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Musriko, Musriko
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Law, Crime, Criminology & Criminal Justice

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Investigating Online Fraud with the BRI Mobile Mode : Modus Operandi and the Gaps in Law Enforcement Febriansyah, Febriansyah; Musriko, Musriko
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4730

Abstract

Cyber universe was made uproar by the actions of fraudsters posing as bank employees. Fake advertisements are a 'cover' for fraudsters in their efforts to 'drain' victims' money. In 2023, the South Jakarta District Court sentenced 9 perpetrators. this article, we will examine in depth the modus operandi used by the perpetrators, related to legal regulations. a critical assessment will be carried out regarding law enforcement carried out by the Public Prosecutor and the Panel of Judges. The author uses a legal research with statutory and regulatory policies and case approach to answer the problem. The results of the research show that the perpetrators used various modes, where each of these is an independent criminal act. It was found that there were gaps in the legal enforcement of this case, especially by the prosecutor, which included a lack of understanding regarding the ITE Law and other related regulations, as well as inconsistencies in the application of the concurus realis doctrin and sustainable actions, and there were indications of lack of seriousness in handling it, where Article 36 of the ITE Law which is the severity of punishment, is not applied in the indictment
Disparity in the Application of Legal Rules to Gambling Crimes Through Electronic Media Musriko, Musriko; Febriansyah, Febriansyah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4731

Abstract

Gambling is a betting game in which a value that is considered valuable is wagered in advance. Gambling is a criminal offense, of the many online gambling cases that have been decided by the court, including Decision Number 111/Pid.Sus/2021/Pn Unr, and Decision Number 139/Pid.Sus/2021/Pn Skb. Both decisions are decisions related to gambling crimes committed through electronic means, but from the two decisions, there are fundamental differences, especially related to the application of the reason is, where in the first decision the Judge used Article 303 of the Criminal Code, but in other decisions, the judge used the ITE law. Based on that, this study will examine why there is a disparity between the two decisions above. This study uses a normative juridical method with a legislative approach and a case approach. The results of the study show that even though the actions of the two defendants were both carried out with electronic media facilities (smartphones) belonging to each defendant, the judge in making a verdict, tended to follow the demands of the Public Prosecutor. Disparity in the application of law in practice can result in disruption of the value of legal certainty and justice.
RESTITUTIO IN INTEGRUM: BETWEEN STATE INTERESTS VS VICTIMS IN FRAUDULENT INVESTMENT CASES (Study of Binomo Fraudulent Investment Decision) Karu, Paulus J; Febriansyah, Febriansyah; Musriko, Musriko
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4853

Abstract

The aim of investment is basically to gain profits in the future. However, along with the rapid development of information technology, it is increasingly having negative impacts, one of which is "fake investment", as carried out by a convict with the initials IK. What is interesting about this case is regarding the status of the convict's assets. The Tangerang District Court decided that IK's assets were confiscated by the state. The victims also felt disappointed. However, this changed at the appeal level, where the Banten High Court gave a decision that IK's assets be returned to the victim. Due to the mutual attraction between the interests of the State VS the interests of the victims, this article will discuss legal protection efforts for victims of fraudulent investments in Indonesia and the mechanisms for recovering losses both to the victims and to the national economy that arise as a result of the practice of "investment." bulging". This research uses a Legal Research Method with a statute approach and a case approach. The research results show that legal protection related to fraudulent investments still focuses on mitigation, not prevention. Apart from that, it is felt that law enforcement efforts are still less effective, especially regarding Restitutio in integrum or restoration of the original situation. 
Co-Authors Febriansyah Febriansyah Karu, Paulus J