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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Muhammad Sabir Rahman
Institut Ilmu Sosial dan Bisnis Andi Sapada/ Parepare
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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LEGAL STUDY OF DEFENSE STRATEGIES IN CRIMINAL CASES BASED ON ELECTRONIC EVIDENCE Muhammad Rusdi; Sunardi Purwanda; Muhammad Sabir Rahman; Bakhtiar Tijjang; Aksah Kasim
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20482579

Abstract

This study aims to determine and analyze the legal qualifications in the Criminal Procedure Code and the ITE Law regarding electronic evidence in criminal cases in Indonesia and effective defense strategies in facing electronic evidence-based criminal cases by adapting to the new criminal law system. This study uses a Normative research type with a Legislative Approach and a Conceptual Approach. The types of legal material sources use Primary legal materials, Secondary legal materials and Tertiary legal materials. Legal analysis will be studied in a qualitative prescriptive manner. The results of this study are the legal qualifications in the Criminal Procedure Code and the ITE Law regarding electronic evidence in criminal cases in Indonesia, namely the Legal Qualification of Electronic Evidence based on Law Number 20 of 2025 concerning the Criminal Procedure Code, namely formally recognized as evidence, obtained legally and authentically (original and not changed/manipulated) and materially related to the crime and the identity of the perpetrator. While the legal qualifications according to the 2024 ITE Law are Valid as evidence, Obtained legally. and Obtained from a secure and tested electronic system, Electronic evidence must be original (authentic), unchanged (integrity) and trustworthy (reliability) and Must be related to the case and Effective defense strategies in facing electronic evidence-based criminal case evidence by adapting to the new criminal law system, namely Delegitimization of electronic evidence, Reclassification of evidence, Testimonium de Auditu Digital attacks, Analysis of evidence linkages, psychological attacks and suggestions and Alternative narratives.
LEGAL ANALYSIS OF LEGAL PROTECTION OF THE RIGHTS OF CHILD VICTIMS OF EARLY MARRIAGE Fadlan; Muhammad Sabir Rahman; Sunardi Purwanda; Bakhtiar Tijjang; Kairuddin Karim
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 1 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18640380

Abstract

This study aims to determine and analyze the positive legal regulations in Indonesia regarding the protection of the rights of children who are victims of early marriage and the forms of legal protection for children who are victims of early marriage. This research uses a normative research method with a legislative approach and an analytical approach. The legal sources used are primary, secondary, and tertiary legal materials. The legal analysis will be conducted using a qualitative prescriptive approach. The results of this study are Positive Legal Regulations or Those Applicable in Indonesia Regarding the Protection of the Rights of Children Who Are Victims of Early Marriage, namely Law No. 16 of 2019 concerning Marriage (the latest age of marriage is 19 years old, strict supervision and assessment of dispensation requests and children's opinions must be heard in marriage dispensation requests), Law No. 35 of 2014 concerning Child Protection (the maximum age of children is 18 years old, affirmation of children, protected children's rights, parental obligations to prevent early marriage and special protection mechanisms as well as recovery mechanisms and criminal sanctions, especially for parents who force children to enter into early marriage) and Law 12 of 2022 concerning Criminal Acts of Sexual Violence (forced marriage is sexual violence and recovery of children's rights if in early marriage the child becomes a victim according to the provisions of this Law) and Forms of Legal Protection for Children Who Are Victims of Early Marriage, namely preventive legal protection (minimum age of 19 years for marriage and the obligation to prevent by parents and the state), repressive legal protection (legal and criminal responsibility for parents or parties who force marriage, the existence of sexual violence and exploitation in early marriage), legal protection in the form of restoration and fulfillment of rights and protection of administrative and civil law (tightening and accuracy in granting marriage dispensations and marriage annulments).
Co-Authors Aksah Kasim Bakhtiar Tijjang Fadlan Kairuddin Karim Muhammad Rusdi Sunardi Purwanda