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Pertanggung Jawaban Hukum Terhadap Pelaku Tindak Pidana Judi Online Di Indonesia Sugeng Riyanto; Nur Handayani; Moh Taufik; Rendra Aranggraeni
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.v4i1.1187

Abstract

This study examines the legal liability of perpetrators of onlinegambling crimes in Indonesia, in line with the rapid development ofinformation technology that has given rise to new forms of crime,including gambling via the internet. Online gambling has become a worrying phenomenon because it is easily accessible, addictive, and has a negative impact on the morals and social life of society. Thisstudy aims to identify the legal elements in online gambling crimesand analyze how law enforcement is carried out against perpetratorsof these crimes in Indonesia. This study uses a normative juridicalmethod with a statutory approach and case studies. The results of thestudy indicate that criminal liability for perpetrators of online gamblingcan be imposed based on Article 303 of the Criminal Code and Article27 paragraph (2) in conjunction with Article 45 paragraph (2) of theITE Law. However, there are still obstacles in the implementation ofthe law, especially related to effective supervision and action by lawenforcement officials. This study recommends strengtheningregulations and increasing the capacity of law enforcement officials indealing with cybercrime, including online gambling. It is hoped thatthe results of this study can contribute to the development of criminallaw, especially in the aspect of combating information technologybasedcrimes.
Penegakan Hukum Pidana Terhadap Korporasi Pelaku Tindak Pidana Pembuangan Limbah Industri Yang Mengakibatkan Pencemaran Lingkungan Hidup Di Indonesia Wan Fathiriansyah; Dudik Djaja Sidarta; Moh Taufik; Hartoyo Hartoyo
Journal of Innovation Research and Knowledge Vol. 6 No. 4 (2026): September 2026
Publisher : Bajang Institute

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Abstract

This study aims to analyze the legal framework governing corporate criminal liability and the mechanisms of criminal law enforcement against corporations responsible for industrial waste disposal that causes environmental pollution in Indonesia. A healthy environment is a constitutional right of every citizen as stipulated in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. However, the rapid development of the industrial sector is often accompanied by illegal waste disposal practices that result in significant ecological, social, and economic losses. This study employs a normative juridical method using a statutory approach and a conceptual approach. The findings indicate that the legal framework governing corporate criminal liability in Indonesia has a comprehensive normative basis through Law Number 32 of 2009 concerning Environmental Protection and Management, as amended by Law Number 6 of 2023, and supported by Supreme Court Regulation Number 13 of 2016. Normatively, corporations are recognized as subjects of criminal law that may be held criminally liable and subjected to sanctions in the form of fines and additional penalties aimed at restoring environmental functions. Nevertheless, the implementation of criminal law enforcement against corporations continues to face serious obstacles, including the complexity of proving corporate fault, the limited capacity of law enforcement officials in establishing scientific evidence, and the tendency of law enforcement authorities to prioritize prosecution of individual corporate managers rather than the corporate legal entity itself. In conclusion, effective law enforcement requires optimization through strengthening law enforcement capacity, improving inter-agency coordination, and consistently imposing sanctions on corporations to create a deterrent effect and ensure environmental sustainability in Indonesia.