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All Journal Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal
Sonny Saptoajie Wicaksono
Faculty of Law Universitas Negeri Semarang
Law, Crime, Criminology & Criminal Justice

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Implementation of Transfer of Sentenced Person in the Prespective of National and International Law (Marry Jane Case) Diajeng Maurien Rachma Ayu Queentania; Sonny Saptoajie Wicaksono
IPMHI Law Journal Vol. 5 No. 1 (2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ipmhi.v5i1.26547

Abstract

This study discusses the regulation and implementation of Transfer of Sentenced Person (TSP) from the perspective of international and national law. The international legal basis that is still used today is the multilateral agreement Convention on the Transfer of Sentenced Person in 1983 drafted by the Council of Europe. Indonesia uses Law Number 22 of 2022 concerning Corrections and relies on bilateral agreements with other countries based on the principles contained in the Convention on the Transfer of Sentenced Person. The Mary Jane case is one of the cases of prisoner transfers that have been carried out by Indonesia with the Philippines using a practical arrangement. The absence of universal and comprehensive legal regulations governing the transfer of prisoners both in international and national law and the need to regulate TSP encourages the Indonesian government to immediately ratify the Draft Law on the Transfer of Sentenced Person (TSP) Between Countries.
Criminal Policy of Indonesian Criminal Law in Combating the Crime of Phishing Muhammad Reza Faturahman; Shofriya Qonitatin Abidah; Sonny Saptoajie Wicaksono; Nisrina Khoirunnisa
IPMHI Law Journal Vol. 5 No. 2 (2025): June - December (Law in Transition: Contemporary Legal Challenges in a Changing
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ipmhi.v5i2.38656

Abstract

Phishing is one of the forms of cybercrime that is increasingly widespread in Indonesia. However, to date, there is no legislation that explicitly defines phishing as an independent criminal offense. On  one hand, this progress offers convenience and efficiency; on the other hand, it gives rise to new challenges that cannot be ignored, one of which is cybercrime. Law enforcement against perpetrators still relies on general provisions in the Indonesian Penal Code (KUHP) and the Electronic Information and Transactions Law Number 1 Of 2024 Concerning The Second Amendment Of Law Number 11 Of 2008 On Information And Electronic Transactions. which are considered insufficient to fully address the complexity of phishing modus operandi. This results in suboptimal prosecution processes and inadequate legal protection for victims. In contrast to Indonesia, the United States has established more specific and comprehensive regulations concerning phishing, supported by integrated law enforcement agencies. Using Lawrence M. Friedman’s legal system theory, it can be concluded that phishing regulations in Indonesia are still ineffective in terms of legal substance, institutional structure, and the public's legal culture. A comprehensive legal reform is needed to appropriately respond to the evolving dynamics of digital crime.
Co-Authors Diajeng Maurien Rachma Ayu Queentania Muhammad Reza Faturahman Nisrina Khoirunnisa Shofriya Qonitatin Abidah