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All Journal LOIS: Jurnal Hukum dan Humaniora RETORIKA: Journal of Law, Social, and Humanities Tahiro: Journal of Peace and Religious Moderation
Jamaludin
Universitas Nahdlatul Ulama Nusa Tenggara Barat
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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LEGAL REASONINGCOURT RULING AGGREGATED THEFT CRIMINAL ACT: Decision Study Number: 37/Pid.B/2019/PN.BMS Jamaludin; Tata Eliestiana Dyah A
Tahiro : Journal of Peace and Religious Mederation Vol. 2 No. 2 (2025): Religious Moderation, Legal Frameworks, and Ecological Justice
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/tahiro.v2i2.14782

Abstract

Judges as decision makers need to applylegal reasoningobjectively in order to achieve justice. Weak implementationlegal reasoningcan produce an onvoldoende gemotiveerd decision, such as in the Banyumas District Court Decision Number 37/Pid.B/2019/PN.Bms which is considered inconsistent with the provisions of Article 363 of the Criminal Code. This study aims to determine the basis for the judge's considerations in imposing a sentence for the crime of aggravated theft and to analyze the application of legal reasoning in decision Number 37/Pid.B/2019/PN.Bms. This type of research uses normative legal research using a statutory and case approach. The results of the study indicate that the basis for the judge's considerations in imposing a sentence is in accordance with the criminal procedure law mechanism as regulated in Law Number 8 of 1981, where the judge bases the decision on at least two pieces of evidence and trial facts. The evidence in the form of witness statements, the defendant's statement, and evidence proves that the defendant Saiful Aziz is legally and convincingly guilty of violating Article 363 paragraph (1) 3, 4, and 5 of the Criminal Code. However, the judge was deemed not to have applied legal reasoning in depth because the sentence of 1 year and 2 months imposed did not reflect the severity of the elements fulfilled or the aggravating circumstances proven based on the facts in the trial.
NORMATIVE STUDY OF LAW ENFORCEMENT OF CAPITAL MARKET CRIMES IN THE INDONESIAN LEGAL SYSTEM JAMALUDIN; TATA ELIESTIANA DYAH A
LOIS: Jurnal Hukum dan Humaniora Vol 1 No 1 (2025): LOIS: JURNAL HUKUM DAN HUMANIORA
Publisher : Yayasan Pendidikan Aksara Cendikia

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Abstract

This research aims to identify the qualifications of capital market criminal acts and analyze their legal enforcement within the framework of the Indonesian legal system. The type of research used in this research is normative legal research using statutory and conceptual approaches. The research results show that: 1) The qualification of criminal acts in the Capital Markets Law includes three main forms, namely criminal acts of fraud, market manipulation and insider trading. These three types of criminal acts have special characteristics because they focus on the misuse of strategic information, not on material objects, so the process of proof requires in-depth precision because the formulation of the offense is still abstract and not fully in line with the development of capital market crime modes which are increasingly complex and technology-based. 2) Law enforcement in the Indonesian capital markets sector still faces various obstacles, both from authority and technical aspects. Even though OJK has Polri and PPNS investigators, the effectiveness of investigations is still limited due to dependence on the KUHAP mechanism, inadequate technical capabilities of investigators, and sub-optimal inter-agency coordination. This condition makes case handling less responsive, so it is necessary to strengthen regulations and institutional capacity
Pertanggungjawaban Pidana Korporasi dalam Kejahatan Siber pada Aktivitas Bisnis Digital di Indonesia Jamaludin; Burhanudin; AL Pyan Syah Marszedi
RETORIKA: Journal of Law, Social, and Humanities Vol. 5 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v5i1.1666

Abstract

This study aims to analyze corporate criminal liability for cybercrime in digital business activities in Indonesia and formulate a legal framework that ensures legal certainty in enforcing corporate criminal liability. This study employs normative legal research using statutory and conceptual approaches. Legal materials consist of primary, secondary, and tertiary legal sources collected through literature review and analyzed using legal interpretation, legal theories, and legal principles. The findings indicate that corporate criminal liability for cybercrime may be imposed where there is a clear connection between the criminal act and the corporation’s interests, business activities, policies, or failure to exercise adequate supervision. Criminal acts committed by individuals within a corporate environment do not automatically establish corporate criminal liability but must be assessed based on the perpetrator’s position, the purpose of the act, the benefits obtained by the corporation, and its connection to corporate business activities. The construction of corporate criminal liability requires integration of criminal law, cyber law, and business law through clear standards concerning the basis and limits of liability. This framework provides legal certainty while encouraging secure, responsible, and integrity-based digital business governance in Indonesia
Co-Authors Al Pyan Syah Marszedi Burhanudin Tata Eliestiana Dyah A Tata Eliestiana Dyah A