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Review Legal To Comments on Social Media Containing Element Harassment and Assault Psychics in Maros City Adriansyah, Andi Muhammad; Razak, Azkari; Ilham, M. Azham
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/32mwt724

Abstract

This research aims to find out and analyze the qualifications for commenting on social media which contain elements of harassment and psychological attacks in criminal acts, knowing and analyzing the judge's legal considerations in deciding case No.14/Pid.Sus/2023/Pn. Mrs. This research was conducted in Makassar City. The research location is the Library of the Faculty of Law, Indonesian Muslim University. This writing was carried out by conducting a literature study in which the author studied by prioritizing the theories that are currently being applied while at the same time obtaining documents or data related to the problem in the author's writing which was then processed and presented descriptively by the author. The results of this research show that in qualifying comments In social media that contains elements of harassment, it is classified as an attack on honor or good name. Based on the Decision of the Panel of Judges No.14/Pid.Sus/2023/Pn.Mrs, the defendant has been proven to have committed the crime of Defamation. After the author examines the decision, the author is of the view and/or opinion that the decision of the panel of judges is appropriate and in accordance with the law because in fact, the elements of the article in which the defendant is accused meet the elements that the author has described.
The Dilemma of Law Enforcement in Determining Suspects in Online Gambling Site Promotion Cases: A Case Study at the South Sulawesi Regional Police Hidayah, Muhammad Agung; Husen, La Ode; Ilham, M. Azham
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/v4rrrh91

Abstract

This study aims to identify and analyze the obstacles faced by the police in determining suspects in cases involving the promotion of online gambling sites through information technology. This research employs an empirical legal research method, which examines the application of legal norms based on real conditions in the field. Data were collected through interviews, observations, and a literature review of primary and secondary legal materials. The study was conducted at the Regional Police of South Sulawesi (Polda Sulsel).The results indicate that the legal procedure for determining suspects in online gambling promotion cases at Polda Sulawesi Selatan involves several stages: investigation, inquiry, collection of valid evidence, and witness examination. Once at least two sufficient pieces of evidence are obtained in accordance with the Indonesian Criminal Procedure Code (KUHAP), the investigator formally determines the perpetrator as a suspect. Law enforcement is carried out carefully, as offenders often disguise their digital identities using fake accounts, virtual private networks (VPNs), and proxy servers. The main challenges faced by the police include difficulties in tracing perpetrators’ identities due to digital obfuscation, limited access to encrypted communication data, and the lack of public participation in reporting online gambling promotion activities. These findings highlight the importance of improving investigators’ technical capacity and strengthening inter-agency cooperation, particularly with the Ministry of Communication and Informatics and digital platform providers, to enhance the effectiveness of law enforcement against cybercrime based on information technology. Â