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Wahid Fathoni
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INDONESIA
Indonesian Journal of Criminal Law and Criminology (IJCLC)
Published by Universitas Muhammadiyah Yogyakarta
ISSN : 27457192     EISSN : 27457184     DOI : https://doi.org/10.18196/ijclc
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian Journal of Criminal Law and Criminology (IJCLC) adalah jurnal ilmiah berkala yang diterbitkan oleh Fakultas Hukum Universitas Muhammadiyah Yogyakarta tiga kali dalam setahun pada bulan Januari, Mei, dan September. IJCLC memiliki visi menjadi jurnal ilmiah yang terdepan dalam pengembangan ilmu hukum pidana dan kriminologi. Fokus dan lingkup penulisan jurnal meliputi kajian tentang Hukum Pidana, Kriminologi dan Viktimologi.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 5 Documents
 1 
Search results for , issue "Vol 5, No 1 (2024)" : 5 Documents clear
Kewenangan KPK dalam Melakukan Penggabungan Perkara TPPU dengan Predicate Crime Korupsi Eki Tolanda; Estes Metelmety; Ragil Sanjaya Marjuki; Mulyadi Alrianto Tajuddin
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 5, No 1 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v5i1.21441

Abstract

Crime is an act that can cause harm to other people and even to the state and is called a delict or criminal act which is regulated in the criminal code. The crime of money laundering (TPPU) is one of the criminal acts regulated in Law Number 8 of 2010. Several TPPU cases are crimes originating from corruption, so disclosure of these TPPU cases is carried out by the Corruption Eradication Commission (KPK). ). During the investigation and investigation process, the Corruption Eradication Committee found that the money resulting from corruption had been changed in form through the money laundering process, but in the process of enforcing the court's decision, it only decided on criminal acts of corruption even though money laundering had been carried out. The aim of the research is to determine the authority of the Corruption Eradication Committee (KPK) in combining TPPU cases with the predicate crime of corruption. The research method used is normative juridical. The results of the research can be concluded based on articles 74 and 75 of the TPPU Law which state that investigators of predicate crimes can carry out TPPU investigations if they find sufficient initial evidence of TPPU occurring when conducting predicate crime investigations in accordance with their authority so that the Corruption Eradication Commission is one of the investigators referred to based on the explanation in article 74 In terms of prosecution, it can be carried out by a public prosecutor from the Prosecutor's Office and a public prosecutor from the Corruption Eradication Commission if the original crime was corruption
Analisis Kebijakan Hukum Pidana dalam Pasal 45 Ayat (4) Jo. Pasal 27 Ayat (4) UU ITE Muhammad Al Riyadh; Sigid Suseno; Rully Herdita Ramadhani
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 5, No 1 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v5i1.19287

Abstract

Law no. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) regulates criminal acts of extortion and threats in one article formulation, namely Article 45 paragraph (4) jo. Article 27 paragraph (4). These two criminal acts have different qualifications for offenses as formulated in the Criminal Code and are rubber articles so that in their application they cause many victims, as in several decisions, namely Decision Number 111/Pid.Sus/2021/PN Ptk, Decision number 130/Pid. Sus/2018/PN Jkt Utr, and Decision number 777/Pid.Sus/2019/PN Jkt Pst. Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions, the new ITE Law, has amended the previous amendment which changed the rubber article formulating the criminal offenses of extortion and threats which were separated into different article formulations. The author uses a normative research model sourced from library materials with a legal and conceptual approach. This research concludes that combining two criminal acts in one article formulation can lead to errors in interpretation or understanding by law enforcers of Article 45 paragraph (4) jo. Article 27 paragraph (4) of the ITE Law is old so there is the potential for human rights violations. This error in application occurs when the provisions for the offense of making complaints against suspects of criminal threats are not enforced
Aspek Yuridis Kejahatan Phishing dalam Ketentuan Hukum di Indonesia Yazid Haikal Lokapala; Fuad Januar Nurfauzi; Yeni Wdowaty
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 5, No 1 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v5i1.19853

Abstract

Phishing is a form of cybercrime that is committed by tricking victims into providing personal or confidential information via email, websites or fake social media. Phishing crimes can cause material and immaterial losses for victims, such as identity theft, misuse of credit cards, or defamation. Therefore, it is necessary to have legal efforts to eradicate phishing crimes and protect the rights of victims. This paper aims to examine the criminal acts of phishing crimes in the world of cybercrime in terms of Indonesian juridical aspects. The research method used is a normative legal research method with a statutory approach and a case approach. The data used is secondary data in the form of primary, secondary and tertiary legal materials. The data analysis technique used is a qualitative analysis technique. The results of the research show that the crime of phishing in the world of cybercrime can be categorized as a crime of fraud as regulated in Article 378 of the Criminal Code or an act of embezzlement as regulated in Article 372 of the Criminal Code. In addition, phishing crimes can also be subject to sanctions based on Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE), specifically Article 28 paragraph (1) and Article 45 paragraph (1) of the ITE Law. However, in practice, there are still obstacles in law enforcement against phishing crimes, such as difficulties in identifying perpetrators, lack of coordination between law enforcement, and low public awareness to report phishing cases. Therefore, preventive and repressive efforts are needed to overcome this problem, such as increasing people's digital literacy, conducting socialization and education about the dangers of phishing, and strengthening cooperation between related parties in law enforcement.
Perlindungan Hukum terhadap Anak Sebagai Korban Tindak Pidana Cyberbullying Alinda Julietha Adnan; Dewi Putriyani; Hycal Asmara Wibowo; Suta Ramadan
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 5, No 1 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v5i1.20935

Abstract

The development of misused information technology has resulted in the emergence of modern crimes such as cyberbullying, which uses the internet as a means of carrying it out. Lack of supervision in the family, school, community and individual environment causes cyberbullying to occur. This research aims to investigate legal protection for children who are victims of cyberbullying and identify mechanisms for dealing with cyberbullying against children. The research method applied uses a normative juridical approach. Child protection in cases of cyberbullying is normatively regulated in Article 29 of Law of the Republic of Indonesia Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). The mechanism for dealing with cyberbullying against children can be done through preventive and preemptive efforts
Upaya Penanggulangan Tindak Pidana Pelecehan Seksual dalam Kasus Gilang “Bungkus” Andika Tri Wibowo; Laras Astuti
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 5, No 1 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v5i1.22847

Abstract

Sexual harassment is a complex problem, and the phenomenon of fetishes has become part of the dynamics of sexual harassment that is widespread. Victims of sexual harassment experience various impacts, which are made even more difficult by the reluctance of victims to report sexual harassment. The Gilang Bungkus case is one of the cases that has attracted attention because sexual harassment occurred on campus with several academics becoming victims. This research aims to explore the understanding of the dynamics of sexual harassment by focusing on mitigation efforts through the judge's decision in the Gilang Bungkus case. Normative research methods are used in this research by focusing on legal rules or regulations through document studies of secondary data and to complete and validate secondary data, this is also done through interviews with sources. Based on the research results, it can be concluded that efforts to overcome criminal acts of harassment in the Gilang Bungkus case were carried out through penal and non-penal measures. Penal efforts focus on imposing prison sentences based on the number of victims, as well as the impact of losses through the role of Judges and the Police, while non-penal efforts are carried out through various preventive measures involving youth leaders, religious leaders, community leaders and educational leaders.

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