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p-Index From 2021 - 2026
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All Journal International Journal of Science and Environment
Simon Tampubolon, Wahyu
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Agriculture, Biological Sciences & Forestry Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Mathematics Physics

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Criminal Liability in Premeditated Murder Cases Through the Michat Application Christo Funakosi Simorangkir, Shadrach; Sriono, Sriono; Simon Tampubolon, Wahyu
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.292

Abstract

The development of information technology has had a significant impact on various aspects of life, including the modus operandi of criminal acts. This article discusses criminal liability in a case of premeditated murder mediated by the MICHAT friendship application. The case study focuses on the Bengkalis District Court Decision Number 186/Pid.B/2025/PN Bis, which sentenced defendant Arif Indra Lexmana Shiombing to 13 years in prison. This research uses a normative juridical method with a case study approach. The results show that the elements of intent and planning (dolus et premeditatio) in Article 340 of the Criminal Code are legally and convincingly proven, even though the initial motive was not to kill, but rather as a form of revenge for the fraud experienced by the defendant. These findings underscore the importance of adaptive law enforcement to technological developments, as well as the need for sociological and psychological considerations in sentencing.
Law Enforcement Against Online Prostitution Crimes Through the MiChat Application: Study of Decision Number 129/Pid.Sus/2021/PN KPH Rian P. Siahaan, Nixxon; Sriono, Sriono; Simon Tampubolon, Wahyu
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.296

Abstract

Kepahiang District Court Decision Number 129/Pid.Sus/2021/PN Kph analyzed the application of electronic evidence in the investigation of online prostitution through the MiChat application by the Kepahiang Police. Defendants Sanelia Amelia and Monicxa Caroline were proven to have violated Article 45 paragraph (1) in conjunction with Article 27 paragraph (1) of Law No. 19 of 2016 concerning ITE in conjunction with Article 55 paragraph (1)ยน of the Criminal Code, with a prison sentence of 1 year and 3 months each. The main evidence includes the MiChat status ("open booking" of PSK), Messenger/WhatsApp chat, and digital forensics of the Oppo A12 cellphone which confirmed the communication history and distribution of information violating morality. This normative legal research shows the effectiveness of electronic evidence equivalent to Article 184 of the Criminal Procedure Code in conjunction with Articles 5 & 44 of the ITE Law, through chain of custody verification and forensic expert testimony. Challenges include the potential for data manipulation, overcome by the Digital Evidence First Responder method. This ruling strengthens the jurisprudence of cyber evidence in Indonesia, emphasizing the increased capacity of investigators for similar cases.The analysis focused on the role of electronic evidence such as status updates on the MiChat app containing codes offering sexual services, Messenger and WhatsApp conversation histories proving collaboration between the perpetrators, and digital photos used as "offered goods." This electronic evidence, obtained through digital forensic examination, served as the basis for the Panel of Judges' conclusion that the elements of "distributing, transmitting, and/or making accessible electronic information containing indecent content" were met.
Legal Analysis of Violent Acts by Police Officers in Handling Demonstrations in the South Labuhan Batu Jurisdiction Firmansyah, Raditya; Sriono, Sriono; Simon Tampubolon, Wahyu; Kumalsari M, Indra
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.395

Abstract

The handling of demonstrations by the police often receives public scrutiny, particularly regarding acts of violence that violate human rights principles and positive legal regulations. This study aims to analyze the legal basis for the implementation of police actions in demonstrations and assess the limitations of the use of force based on Law Number 2 of 2002 concerning the Police, Regulation of the Chief of Police Number 1 of 2009 concerning the Use of Force, and Law Number 39 of 1999 concerning Human Rights. The study uses a normative juridical method with a statutory approach and case studies. The results show that acts of violence by officers in handling demonstrations generally occur due to deviations from Standard Operating Procedures (SOPs), a lack of professionalism, and weak internal oversight. The implementation of the principles of necessity, proportionality, and accountability is still not optimal. This study recommends strengthening oversight mechanisms, increasing human rights training, and internal reform of the National Police to prevent abuse of authority. Police officers who commit violence that does not comply with procedures can be subject to disciplinary sanctions, code of ethics, and criminal charges based on the Criminal Code. In cases of excessive violence against protesters or without a valid reason, officers can be charged with assault under the Criminal Code, which carries the threat of imprisonment and fines.
Legal Analysis of The Judge's Decision on Trademark Cancellation Study of Decision Number 101/Pdt.Sus-HKI/Merek/2022/PN JKT.PST Nurdalila, Nurdalila; Sriono, Sriono; Simon Tampubolon, Wahyu
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.416

Abstract

This research aims to find out and understand the Regulations onUnregisterable and Rejected Trademarksbased on Law Number 20 of 2016 concerning Trademarks and Geographical Indications and the Judge's Considerations in Deciding to Cancel Registered Trademarks Based on Decision Number 101/Pdt.Sus-HKI/Merek/2022/PN Jkt.Pst.The type of legal research used is normative legal research. The types and legal materials used are primary and secondary legal materials. The approaches used in this research are the statutory approach and the case approach. Research Results: 1.Regulations AgainstUnregisterable and Rejected Trademarksbased on Law Number 20 of 2016 concerning Trademarks and Geographical Indications regulated in Article 20, 21 paragraphs (1), (2), and (3),WhereasCriminal provisions for misuse of Trademark Rights are regulated in Chapter XVIII concerning Criminal Provisions regulated in Article 100 paragraphs (1), (2) and (3) and Article 101 paragraphs (1) and (2);2.Judge's Consideration Based on Decision Number 101/Pdt.Sus-HKI/Merek/2022/PN Jkt.Pst states thatThe brand in question has similarities in principle, namely similarities caused by the existence of dominant elements between one brand and another brand so that it gives the impression of similarities, both regarding the form, placement method, writing method or combination of elements, as well as similarities in pronunciation, contained in the brand, referring to the Supreme Court Decision Number 279 PK/Pdt/1992 dated January 16, 1998, stating that the brand used is the same as a whole or has similarities in principle can be described as: 1) Similar form (similarity of form); 2) Same composition (similarity of composition); 3) Same combination (similarity combination); 4) Same elements (similarity elements); 5) Similar sound (similarity sound); 6) Similar pronunciation (phonetic similarity); 7) Similar appearance (similarity in appearance).
Co-Authors Christo Funakosi Simorangkir, Shadrach Firmansyah, Raditya Kumalsari M, Indra Nurdalila, Nurdalila Rian P. Siahaan, Nixxon Sriono, Sriono Sriono, Sriono