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LEGAL REVIEW OF THE CRIMINAL CASE OF IDENTITY FALSEMENT IN PASSPORT ISSUANCE ( Study Case Decision Palangkaraya District Court Number 402/ Pid.Sus /2020/PN Plk ) Krisna Wati; Aristoteles; Evi; Claudia Yuni Pramita
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 3 (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.20682492

Abstract

Study This study accountability criminal to perpetrator main and related parties​​ participate as well as in action criminal forgery identity For get Document Journey Republic of Indonesia. The research also examines the role and authority of Immigration PPNS in enforcement law to action criminal immigration of a legal nature inclusion . Research use method juridical normative with approach legislation and studies case to Decision Number 402/ Pid.Sus /2020/PN Plk . Research results show that perpetrator main sentenced criminal based on Article 126 letter c of the Law Number 6 of 2011 concerning Immigration , but other parties are also involved in case This No ensnared criminal Because No made into subject law in investigation , although fact trial show existence parties involved​ and related assistance​​ direct with actions criminal . This is cause problem implementation principle accountability criminal liability and inclusion ( deelneming ) which are not optimal in law immigration . Research This confirm importance implementation principle justice substantive with ensnare all over parties involved​ as well as in action criminal , as well as strengthen the role of Immigration PPNS so that it can uphold law in a way comprehensive and proportional .
PREVENTIVE STRATEGIES OF THE CENTRAL KALIMANTAN REGIONAL POLICE AGAINST NARCOTICS DISTRIBUTION AMONG UNIVERSITY STUDENTS IN ACCORDANCE WITH LAW NO. 35 OF 2009 ON NARCOTICS Jenika; Aristoteles; Andika Wijaya
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 2 (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.20288759

Abstract

The abuse and distribution of narcotics among university students remains a growing concern, particularly in Central Kalimantan. This study aims to analyze the Upayaes and approaches implemented by the Central Kalimantan Regional Police (POLDA Kalteng) in preventing drug circulation within academic environments, especially in reference to the enforcement of Law No. 35 of 2009 on Narcotics. Utilizing a juridical-empirical method, data were collected through interviews, field observations, and literature studies. The findings reveal that the police have initiated several preventive measures including public campaigns, educational outreach, utilization of social media platforms, and formal collaborations with universities through the formation of Anti-Narcotics Task Forces. However, these initiatives, especially those focused directly on students, remain inconsistent and often event-based. Legal enforcement has been applied equally, with no exemption for students, while still allowing for rehabilitation alternatives for non-distributing users. The main challenges faced include limited funding, low student participation, weak family reporting, and inadequate intersectoral coordination. This study recommends enhancing structured and continuous drug prevention programs on campus, strengthening institutional support from universities and student organizations, and increasing family involvement in early detection and intervention. The outcomes of this research are expected to support the development of more effective anti-narcotics policies within higher education institutions and to promote a more vigilant and resilient campus culture against drug abuse.
CRIMINAL LIABILITY ANALYSIS FOR ILLEGAL TRADE IN PROTECTED WILDLIFE (KASONGAN PN DECISION NUMBER 48/PID.B/LH/2019/PN KSN) Ifa Lorenza; Aristoteles; Hilyatul Asfia; Kiki Kristanto
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 3 (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.19080563

Abstract

The illegal trade in protected wildlife constitutes a form of environmental crime that poses serious threats to biodiversity conservation and ecosystem balance. Indonesia, as a country with one of the highest levels of biodiversity in the world, faces significant challenges in enforcing the law against persistent wildlife trafficking practices. This study aims to analyze the legal framework and the application of criminal liability for perpetrators of illegal trade in protected wildlife, as reflected in the Decision of the Kasongan District Court Number 48/Pid.B/LH/2019/PN Ksn. The research employs a normative legal method using a statutory approach and a case approach. The findings indicate that the regulation of protected wildlife trade in Indonesia has been comprehensively established through Law Number 5 of 1990, reinforced by Law Number 32 of 2024, with Government Regulation Number 7 of 1999 serving as its implementing regulation. The analysis further shows that criminal liability is imposed on the offender on an individual basis, based on the fulfillment of criminal elements in the form of intentional trading of protected wildlife without the required authorization. However, the sentence imposed in the case is relatively lenient when compared to the maximum penalties specified by law. This situation reflects a gap between normative legal provisions and sentencing practices, which may undermine the effectiveness of law enforcement and the achievement of sustainable wildlife protection objectives.
LEGAL ANALYSIS OF THE JUDGE'S CONSIDERATIONS IN DECISION NUMBER 98/PID.B/2025/PN TML CONCERNING THE CRIMINAL ACT OF DESTRUCTION OF GOODS Marisa Hawini; Aristoteles; Rizki Setyobowo Sangalang; Putri Fransiska Purnama Pratiwi
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.21885738

Abstract

This study examines judicial reasoning in the decision of the Tamiang Layang District Court Number 98/PID.B/2025/PN Tml concerning the criminal offense of property damage. The focus centers on two issues: first, whether judicial considerations comply with Article 406(1) of the old Penal Code and Article 521 of the new Penal Code (Law No. 1 of 2023); and second, whether the sentence reflects the principle of ultimum remedy as well as restorative justice. Adopting a normative juridical approach, the research reveals that while the elements of the offense were completely satisfied, there are weaknesses in the court's treatment of the statute of limitations and proportionality. Under the new Penal Code, Article 521 broadens criminal sanctions while opening wider space for restorative resolution. The conditional sentence imposed reflects a moderate application of ultimum remedy and restorative values, although the more appropriate civil law remedy was never pursued.
LEGAL ANALYSIS OF THE AUTHORITY OF NATIONAL NARCOTICS AGENCY (BNN) INVESTIGATIONS IN IMPLEMENTING SEARCHES BASED ON THE NARCOTICS LAW AND THE KUHAP Dwi Frajusi Agustania; Aristoteles; Claudia Yuni Pramita
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 5 (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.22020998

Abstract

Action criminal narcotics is crime outside usual that requires enforcement law effective . Research This aim analyze authority National Narcotics Agency (BNN) investigators in do search based on Constitution Number 35 of 2009 Concerning Narcotics and the Criminal Procedure Code ( KUHAP) as well as implications the law if No in accordance with applicable provisions . Research​ This use method juridical normative with approach legislation . Research results show that Article 75 letter e of the Law Number 35 of 2009 Concerning Narcotics give authority to National Narcotics Agency (BNN) investigators , however in implementation still must comply Article 113 of the Criminal Procedure Code. If action search done without procedure valid law​ so the result can stated No valid and give rise to accountability law , so that required synchronization For ensure certainty law .
LEGAL ANALYSIS OF CRIMINAL RESPONSIBILITY OF PERPETRATORS IN CLEARING LAND FOR OIL PALM PLANTATIONS IN PRODUCTION FOREST AREA (Study of Decision Number 56/ Pid.Sus /2024/PN ksn ) Chettlin Benitha; Aristoteles; Louise Theresia; Joanita Jalianery
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 5 (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.22023153

Abstract

Cases involving defendant Ir. Sunarto Bin ( the deceased ) Supardi, who was accused open land in the area forest protected without permission , lifting issue law important related management forests and regulations use land in Indonesia. The defendant open land For plantation coconut palm oil in Production Forest Areas Permanent (HMP), which is regulated by law Forestry (Law No. 41 of 1999). This law arrange function forests and management land , prohibit activities that change function area forest without appropriate permission . This case clear show that violation main related with management area forest as arranged in the Forestry Law , not violation to activity operational business plantation as arranged in the Plantation Law (Law No. 39 of 2014). Forestry Law focused on conservation forests and use land sustainable , while the Plantation Law discusses things technical in operation plantation like licensing , use land and management environment . In case this , action defendant in a way direct violating the Forestry Law , especially Because land used​ For plantation the is part from area forest protected . Situation This highlight importance limitation strict laws​ in use land forests and their necessity get agreement government in a way explicit before change land status forest protected For objective agriculture . With compare second Constitution this case​ This underline the need stricter enforcement of Forestry Law effective For prevent deforestation illegal and ensure practice management forest sustainable followed . Findings this also shows How gap law in protection forest Keep going hinder protection the right environment although there is relevant laws .​
LAW ENFORCEMENT AGAINST PERSONAL DATA LEAKS CARRIED OUT BY THE CENTRAL KALIMANTAN REGIONAL POLICE'S SPECIAL CYBER CRIMINAL RESEARCH DIRECTORATE Rona Puspita Natalia; Indang Sulastri; Ivans Januardy; Aristoteles
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 5 (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.22040433

Abstract

Development technology information increase collection and processing of personal data in potential digital services cause leaks . Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) becomes base law data protection and sanctions , however its implementation Still face constraints . Research This aim know enforcement law to personal data leak by the Cyber Criminal Investigation Directorate of the Central Kalimantan Regional Police and obstacles faced . Methods used is study law empirical with approach qualitative through interviews and studies literature . The results show enforcement law done through stage reports , inquiries and investigations based on the PDP Law and the ITE Law, however constrained proof electronics , use identity anonymously by the perpetrator , as well as limitations digital forensics .