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Tinjauan Yuridis terhadap Tindak Pidana Penipuan dengan Modus Sumbangan Fiktif di Media Sosial Eprilia Atriya Nur Afifah; Vieta Imelda Cornelis; Moh. Taufik
JOURNAL OF SHARIA ECONOMICS Vol. 6 No. 2 (2024): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v6i2.1067

Fraud using fictitious donations on social media is a phenomenon that is increasingly widespread in Indonesia. This method utilizes digital platforms to trick the public with emotional narratives and fake donation invitations. This article aims to analyze the juridical aspects of the criminal act of fictitious donation fraud, including the legal basis, law enforcement mechanisms, and protection for victims. The method used is a qualitative approach with literature study and case analysis. The research results show that perpetrators utilize false identities and misleading information to attract donations, while law enforcement faces challenges in terms of digital evidence and coordination between agencies. The proposed recommendations include increasing public digital literacy, strengthening regulations, and collaboration between social media platforms and law enforcement officials.

Pertanggung Jawaban Pidana Pelaku Pemerkosaan Anak Oleh Ayah Kandung Dimas Aditya Wahyu Pratama; Hartoyo .; Moh. Taufik
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 2 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i2.1141

The crime of raping a child committed by a biological father is a form of sexual violence that is very concerning and has become a deep social and legal problem. This article aims to analyze the criminal liability of perpetrators of child rape by the biological father, by highlighting various aspects of Indonesian criminal law, child protection law, and the role of psychology in exploring the factors that encourage this criminal act. The method used in this research is a qualitative approach with literature study and in-depth interviews with sources consisting of legal practitioners and forensic psychology experts. The results of the research show that perpetrators of child rape by the biological father can be charged with various articles in the Criminal Code (KUHP), including articles on rape and sexual violence against children, as well as factors that aggravate the consequences of family relationships. This article also recommends the need for a multidisciplinary approach in handling this case, including preventive efforts involving the family, community and state.

Tanggung Jawab Hukum Dalam Pengadilan Pengaduan Yang Menyebabkan Pencemaran Nama Baik Moh Khoiron; Syarig .; Moh. Taufik
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 2 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i2.1142

Defamation through unfounded complaints in the judicial process is a serious problem that is often faced in the Indonesian legal system. This article aims to discuss legal responsibility in cases of complaints that result in defamation, as well as analyzing how Indonesian law handles complaints that are slanderous or defamatory. The research method used in this article is a qualitative approach, with data collection through literature studies and interviews with legal practitioners. The research results show that even though there are provisions in Indonesian law regarding defamation, many cases are not resolved fairly, especially those related to complaints that cannot be justified. The recommendations put forward include the need to improve regulations related to protecting individuals from slander and defamation in the judicial process, as well as increasing public awareness of the importance of respecting other people's rights to privacy and reputation.

Perlindungan Hukum dan Perspektif Kriminologi Terhadap Pelecehan Seksual di Fasilitas Publik Anggarawan Tri Jayanto; Vieta Imelda Cornelis; Moh. Taufik
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 2 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i2.1143

The crime of raping a child committed by a biological father is a formof sexual violence that is very concerning and has become a deepsocial and legal problem. This article aims to analyze the criminalliability of perpetrators of child rape by the biological father, byhighlighting various aspects of Indonesian criminal law, childprotection law, and the role of psychology in exploring the factors thatencourage this criminal act. The method used in this research is aqualitative approach with literature study and in-depth interviews withsources consisting of legal practitioners and forensic psychologyexperts. The results of the research show that perpetrators of childrape by the biological father can be charged with various articles inthe Criminal Code (KUHP), including articles on rape and sexualviolence against children, as well as factors that aggravate theconsequences of family relationships. This article also recommendsthe need for a multidisciplinary approach in handling this case,including preventive efforts involving the family, community and state.

Penegakan Hukum Ujaran Kebencian Yang Mengandung Diskriminasi Ras Dan Etnis Melalui Sosial Media Muchammad Choirur Roziqin; Vieta Imelda Cornelis; Moh. Taufik
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 2 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i2.1144

Hate speech containing racial and ethnic discrimination on social media is increasingly becoming a serious problem in Indonesia. The existence of social media which can be accessed by almost all levels of society has a positive impact in terms of communication and information, but also increases the potential for the spread of hate speech which is detrimental to individuals and groups. This article aims to examine how law enforcement is against hate speech containing elements of racial and ethnic discrimination through social media in Indonesia. This research uses a qualitative approach, using literature study methods and in-depth interviews with legal practitioners, academics and information technology experts. The research results show that even though Indonesia has a legal basis regulating hate speech, its implementation still faces big challenges, especially related to monitoring in cyberspace and slow legal processes. This article also discusses the role of social media as a means of spreading discrimination and challenges to law enforcement, as well as providing recommendations for strengthening supervision and regulation regarding hate speech.

Implikasi Hukum Status Tersangka Terhadap Hak Klaim Asuransi Gatra Sandhitya Kurnia Putra; Ernu Widodo; Moh. Taufik
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 2 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i2.1145

In the context of Indonesian law, the status of a suspect in a criminal case can have significant legal implications, including regarding insurance claim rights. In many cases, individuals who are suspects in criminal cases often face difficulties in obtaining the insurance claims they submit, whether related to life insurance, accident insurance, or other types of insurance. This article aims to examine how suspect status can affect a person's insurance claim rights, as well as how legal rules and insurance practices in Indonesia regulate claim rights in this case. This research uses a descriptive qualitative approach with literature study methods and in-depth interviews with legal practitioners, insurance experts, and parties involved in the insurance claims process. The research results show that although in many cases insurance claims are not automatically rejected due to suspect status, there are administrative procedures that often limit claim rights, as well as the potential for legal discrimination in insurance practices.

Perlindungan Hukum Dalam Manajemen Keamanan Dan Kesejahteraan Kurir Saifudin .; Dudik Djaja Sidart; Moh. Taufik
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 2 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i2.1146

Couriers are at the forefront of the logistics and e-commerce industry, which continues to grow rapidly. As a job that faces various physical challenges and risks, legal protection for the safety and welfare of couriers is an increasingly important issue. Although many logistics companies provide certain guarantees, issues related to work safety, fair wages, and courier health and welfare benefits are still a frequent concern. This research aims to examine the legal protection that exists in the management of security and welfare of couriers in Indonesia, as well as the challenges and solutions that can be implemented. This research uses a qualitative approach with in-depth interview methods and literature studies to explore the views of legal experts, industry practitioners and couriers themselves. The research results show that although there are regulations governing worker protection, inconsistent implementation and unclear worker status in many logistics companies mean that couriers often do not receive proper protection. This article provides recommendations for improving existing regulations and practices to ensure job security and welfare for couriers in Indonesia.

Restorative Justice Sebagai Penyelesaian Tindak Pidana Malpraktek Dokter Pada Polda Jawa Timur Sulianto Sulianto; Wahyu Prawesthi; Moh. Taufik; Syahrul Borman
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i1.1203

Health is one of the basic human rights guaranteed by the state as regulated in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia, in carrying out their duties, medical personnel, especially doctors, have a vital role in providing quality health services to the community. However, in practice, it is not uncommon for medical errors to occur which lead to allegations of malpractice crimes, for this reason a study was conducted on the Regulation of Restorative Justice as an Alternative to Settling Criminal Acts of Doctors' Malpractice and the justice and impact of Restorative Justice on the Medical profession, this study uses the Normative Juridical research method with three approaches, the Statute Approach, the Conceptual Approach, and the Case Approach, namely the Medical Malpractice case that has been reported by the Victim with a Public Complaint Report handled by the East Java Regional Police, for the report the doctor as the accused party made peace efforts facilitated by the East Java Regional Police investigators, at the request of the Reported Party the investigator made efforts to examine the material and formal requirements to continue the Restorative Justice efforts

Pengalihan Aset Jaminan Fidusia Saat Proses Penyidikan Di Kepolisian Agus Setiyawan; Sri Astutik; Moh. Taufik
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i1.1249

The use of fiduciary security as a proprietary security right plays a crucial role in supporting financing activities and maintaining economic stability. However, in practice, problems frequently arise in the form of the transfer of fiduciary collateral assets by debtors without the prior written consent of creditors, which may result in criminal legal consequences. This article aims to analyze the legal framework and law enforcement practices concerning the transfer of fiduciary collateral assets during police investigation processes. This study employs a normative juridical research method with statutory and conceptual approaches. The findings indicate that Law Number 42 of 1999 on Fiduciary Security provides a clear legal basis regarding the prohibition of transferring fiduciary objects and the imposition of criminal sanctions on violators. In the context of investigations, the police play a strategic role in uncovering fiduciary transfer offenses, while simultaneously facing challenges in balancing criminal law enforcement with the protection of creditors’ civil rights. Therefore, a proportional law enforcement approach, including the application of restorative justice, is necessary to achieve legal certainty, justice, and expediency in resolving fiduciary cases.

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