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Hidayatullah, Ferdiansyah Safi’i
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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The Concept of Concursus Realis in Criminal Law; A Legal Study of The Crimes of Rape and Murder Seto Nugroho, Fajar; Ningtyas, Mega Ayu; Muljono, Bambang Eko; Hidayatullah, Ferdiansyah Safi’i
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.388

Abstract

Concursus realis in cases of rape accompanied by murder based on the provisions of criminal law in Indonesia in Article 65 of the Criminal Code (KUHP) provides for one sentence for perpetrators who commit two independent crimes simultaneously but have never had a previous court decision. The research method used is a normative legal approach by analyzing laws and regulations and accountability for related cases. The results of the study indicate that the application of concursus realis allows perpetrators to be subject to one sentence with a maximum sentence and can be increased by one third of the heaviest sentence, as long as there is an element of intent, the ability to be legally responsible, and the absence of a valid excuse. This principle is important to ensure justice in sentencing, not only based on criminal acts, but also the awareness and will of the perpetrator when committing the crime. In addition, the study highlights the need for caution and thoroughness of law enforcement officers and judges in implementing this provision, especially in cases related to human rights violations that have existed since birth which must be protected and respected. In cases involving human rights, such as rape and murder, the application of the law must be based on the national legal system. It is hoped that the results of this study can provide academic and practical contributions in supporting the enforcement of concurrent criminal law in Indonesia, as well as being a consideration for law enforcement so that the judicial process runs fairly and effectively.
Protection of Personal Data Against Doxing in Online Streaming Platforms Seto Nugroho, Fajar; Ningtyas, Mega Ayu; Muljono, Bambang Eko; Hidayatullah, Ferdiansyah Safi’i
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.406

Abstract

The rapid development of technology and information today has given rise to new crimes, one of which is doxing on online streaming platforms. Doxing has become a serious threat due to the rapid exchange of information today. Based on the above background, the author would like to propose a problem formulation, namely, first, what are the legal regulations for protecting personal data on online streaming platforms? And second, what are the legal sanctions for doxing perpetrators on online streaming platforms? In this study, a normative juridical research method was used with a statutory and conceptual approach. With primary legal materials. From the research results it can be concluded that: first, the legal rules for protecting personal data in online streaming platforms are that online streaming platforms that process and control personal data must be in accordance with the objectives, obtain the consent of the person concerned, be transparent, have adequate security and protect against unauthorized access or distribution in accordance with articles 16 to 39, related regulations also exist in the processing of personal data carried out by protecting the security of personal data from loss, misuse, access and unauthorized disclosure in accordance with Government Regulation Number 71 of 2019 concerning the implementation of electronic systems and transactions, article 14 paragraph (1) letter (e) And secondly, the legal sanctions for doxing perpetrators in online streaming platforms can be punished with a maximum of 4 years in prison and a maximum fine of 4,000,000,000 (four billion rupiah), in accordance with Article 67 paragraph (2) of Law Number 27 of 2022 concerning the protection of personal data, in carrying out doxing the perpetrator must also collect the personal data of the victim, this has violated Law Number 27 of 2022 concerning the protection of personal data including Article 67 paragraph (1) carries a maximum prison sentence of 5 years and a maximum fine of 5,000,000,000 (five billion rupiah).
Co-Authors Muljono, Bambang Eko Ningtyas, Mega Ayu Seto Nugroho, Fajar