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SCLS
Published by Universitas Sriwijaya
ISSN : 29866367     EISSN : 29877350     DOI : https://doi.org/10.28946/scls
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Sriwijaya Crimen Legal Studies (SCLS) is a journal in the field of law that publishes articles which include but not limited to articles with the themes: Administrative Crime, Juvenile Delinquent, Criminal Anthropology, Criminal Sociology, Penology, Criminal Psychology, Environmental Crime, Islamic Criminal Law, International Crime, Transnational Crime, Victimology, Corruption, Cybercrime, Narcotics Crime, Crime Prevention, Criminal Law Enforcement, Criminology, Criminal Procedure Code and various other aspects related to Criminal Law. In addition, the scope of this journal is also related to Civil Law, State Administrative Law, Constitutional Law, and International Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Volume 1 Issue 2 December 2023" : 8 Documents clear
DEEPFAKE IN ONLINE FRAUD CASES: THE HAZE OF ARTIFICIAL INTELLIGENCE’S ACCOUNTABILITY BASED ON THE INTERNATIONAL LAW Davey, Orima Melati; Sauerwein, Levin
Sriwijaya Crimen and Legal Studies Volume 1 Issue 2 December 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.2654

Abstract

Artificial Intelligence (AI) is the science and engineering of intelligent machines, primarily through computer programs. AI consists of processes by human intelligence simulated through machine processes and is concerned with designing, developing, and implementing computer systems. One of them is Deepfake. Deepfake is a technology that uses data as an image/photo of a person’s face, which is part of personal data and potentially misused to commit crimes such as online loan fraud. The research discusses (1) the Benefits and Disadvantages of Artificial Intelligence in Human Lives, (2) the concept of accountability for deepfake artificial intelligence in online loan fraud according to international law and its application in Indonesia, and (3) the analysis of regulations and accountability of deepfake according to chaos theory. The research uses a legal-normative approach. Moreover, the research will examine legal principles, systematics, and comparative law in its application. The research illustrates that deepfake accountability as artificial intelligence in online loan fraud according to international law is described in the General Recommendation on the Ethics of Artificial Intelligence by The United Nations Educational, Scientific, and Cultural Organization (UNESCO). Meanwhile, the concept of accountability in Indonesia is seen in Human Rights and Data Privacy Violations. According to chaos theory, the analysis of Deepfake’s regulatory and accountability concept in international and national law leads to inconsistencies because it is only a recommendation, yet to be integrated, and still multidimensional.
CRITICAL ANALYSIS OF RESTITUTION BURDEN TO THE STATE (STUDY OF HERRY WIRAWAN) Zuhdi, A Muflih El; Sulthanarafif, Teuku M; Maulia Dini, Dinda; Bagas, M Abid; Yuningsih, Henny
Sriwijaya Crimen and Legal Studies Volume 1 Issue 2 December 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.2701

Abstract

The decision of the Bandung District Court sentenced the Ministry of Women's Empowerment and Child Protection of the Republic of Indonesia to be paid to 13 child victims of Defendant Herry Wirawan's rape. The decision was controversial in the community, then the public prosecutor filed an appeal at the Bandung High Court with a decision. This research aims to criticize the issue of imposing restitution on the state and legal protection for children against perpetrators of sexual violence who are unable to pay restitution. The type of research used is normative legal research with a statute approach using descriptive-qualitative analysis. The research results show that Bandung District Court Decision Number 989/Pid.Sus/2021/PN.Bdg was fallacious in considering terminology differences between restitution and compensation. On the other hand, Article 33 of Sexual Violence Crime Law reveals the state is obliged to provide compensation for the remaining amount of Restitution owed to Victims following a court decision through victim assistance funds. The study results are recommended in the victim and witness protection enforcement, although it should still refer to examination in the court.
LEGAL CERTAINTY FOR INVESTORS POST DECISION OF THE MK NO.91/PUUXVIII/2020 TOWARD ECONOMIC RECOVERY IN INDONESIA Setiawan, Ikhsan; Mahdewi, Risa
Sriwijaya Crimen and Legal Studies Volume 1 Issue 2 December 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.3046

Abstract

Investment can be an important instrument for Indonesia because natural resources are abundant, but only a small portion can be explored by Indonesian citizens because they are constrained by not having large capital. Exploration requires large funds; therefore, the government brings foreign investors to Indonesia. Investors need to be a very important part of realizing the nation's ideals for the welfare of the people, as stated in the preamble of the 1945 Constitution. Investment can be put to good use to enhance economic development and become one of the instruments to increase the nation's national income. For this reason, after the decision of the Constitutional Court No. 91/PUUXVIII/2022, it will have a good impact on Indonesia's economic recovery. This research is a normative juridical research based on applicable legal sources. This research was analyzed descriptively with a qualitative approach. The results of the research will explain the effectiveness of the Constitutional Court's decision and see its impact on the Indonesian economy.
CRIMINOLOGICAL STUDY OF CORRUPTION IN ABUSE OF POSITION AUTHORITY Linda, Rosa; Prawira, A. Yudha
Sriwijaya Crimen and Legal Studies Volume 1 Issue 2 December 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.2620

Abstract

In carrying out their duties and functions legally, officials have been regulated by law, but in exercising authority in office, they are also limited by law. Forms of abuse of power by public officials who commit corruption in a position and use it for personal and group interests to enrich themselves and certain groups and harm many people or the general public, namely in cases of corruption. Abuse of authority in office, namely in criminal acts of corruption by one of the university rectors in Lampung, followed by criminal acts of corruption in the Bengkalis Island Outer Ring Road improvement project and the Deputy Attorney General of the Manado State Attorney General’s Office. So, this needs to be studied in depth through criminological studies to determine the factors that cause someone to commit a crime. This study uses empirical normative research methods and statutory, conceptual, and case study approaches. The results of this study indicate that several factors influence an official who commits a criminal act of corruption. These internal factors include personality traits such as human greed, poor morals, and dishonesty. Next are external factors, including opportunity and economic factors (consumptive lifestyle). Efforts to deal with the criminal act of corruption and abuse of authority in the office can be carried out through preventive efforts, namely by building morale, honest attitude, and a clean work ethic. Then, through repressive efforts, severe penalties are imposed that create a deterrent effect and create fear for others to commit corruption.
CRIMINAL ACTS IN THE FIELD OF SCIENCE AND TECHNOLOGY Wijaya, Rudi; Raharjo, Eko; Agustina, Maria
Sriwijaya Crimen and Legal Studies Volume 1 Issue 2 December 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.3083

Abstract

Law Number 11 of 2019 on the National System of Science and Technology (UU Sisnas Iptek) is a law that is fundamental in the field of science and technology as well as monumental because it replaces Law Number 18 of 2002 on the National System for Research, Development, and Application of Science Knowledge and Technology that has been valid for 17 (seventeen) years amid very dynamic and unstoppable developments in science and technology. The replacement of the law contains consequences for changes in content material, including regulations regarding criminal acts regulated therein. The National System and Technology Law provides arrangements regarding criminal sanctions. It also regulates actions that are classified as criminal offenses. This research uses normative legal research methods and legal comparison methods with a statute approach. This article intends to describe the development of the regulation of sanctions and analyze the construction of criminal acts and the sanctions that surround them as regulated in the Science and Technology National System Law and the laws that were previously in effect. Based on the research conducted, it can be concluded that there has been a development of criminal acts in the field of science and technology, namely the addition of types of offenses, additional types of additional punishments, and ballast punishments. This development is a change for the better because it provides clarity and certainty for dangerous and potentially harmful actions.
THE IMPACT OF PRENUPTIAL AGREEMENTS ON PROPERTY OWNERSHIP LEGAL STATUS OF INTER-MARRIAGES Khanza, Yuga Narazua; Okubo, Haruki; Mirantama, Ninda
Sriwijaya Crimen and Legal Studies Volume 1 Issue 2 December 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.2609

Abstract

Intermarriage is becoming more popular due to globalization's impact on increasing human interaction across national borders. As intermarriage becomes more prevalent, it gives rise to complex issues, with one notable concern being the legal entanglements arising from the ownership of assets or property by each partner during the marriage. This study focuses on the diverse issues associated with intermarriage in Indonesia, where legal consequences vary according to the nationality of each spouse. Notably, property ownership status, particularly concerning land and immovable assets, poses significant challenges due to the restrictions imposed on foreign citizens. In addressing these challenges, the article explores prenuptial agreements' potential role in navigating property ownership issues between spouses. The paper acknowledges the methodological and theoretical complexities inherent in establishing a clear link between intermarriage and prenuptial agreements, given the diverse ways these concepts are theorized and operationalized. Qualitative research methods and literature reviews are employed to gather insights, drawing on various research publications and news items that shed light on the legal implications of intermarriages involving individuals with different citizenships. The study's findings underscore the significance of prenuptial agreements in providing a legal framework for delineating the rights and obligations of spouses in matters of property ownership. By examining the property ownership status in intermarriages, this research contributes to a better understanding of the legal landscape surrounding such unions. The article concludes with a discussion of the implications of prenuptial agreements in shaping property ownership dynamics within the context of intermarriage.
INDONESIAN CRIMINAL POLICY AGAINST FRAUD IN THE BANKING FIELD Febriansyah, Artha; Saputra, Ishandi; Syafrianto, Arief
Sriwijaya Crimen and Legal Studies Volume 1 Issue 2 December 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.2921

Abstract

Various fraud cases in the banking sector have recently tarnished the meaning of banking as a pillar of national economic development. Regulations regarding handling fraud have also been regulated in several regulations, such as the Criminal Code, the Banking Law, and other special regulations. So, an institution that is expected to restore stability to the national economy was formed, known as the Financial Services Authority. OJK and Bank Indonesia can coordinate and cooperate in joint supervision of financial services activities in the banking sector. This research looks at Indonesian criminal policies in enforcing and handling crimes in the banking sector, especially regarding fraud. By looking at the institutional relationship between Bank Indonesia and the Financial Services Authority, it is hoped that they can coordinate to reduce the number of frauds in Indonesia. The method used is documentary research, where researchers see and analyze problems using selected document data. From the results of this research, it was found that banking crimes committed by bank insiders (crimes against the bank) need special attention. "Insider" crimes are closely related to the domination of policy and administration by one or several people and weak supervision by internal and external supervisors (regulators). In addition, various applicable regulations often cause banks to take excessive risks, which causes a decrease in the level of internal supervision, so bank failures caused by fraud by insiders become higher. 
DEEPFAKE IN ONLINE FRAUD CASES: THE HAZE OF ARTIFICIAL INTELLIGENCE'S ACCOUNTABILITY BASED ON THE INTERNATIONAL LAW Davey, Orima Melati; Sauerwein, Levin
Sriwijaya Crimen and Legal Studies Volume 1 Issue 2 December 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.2654

Abstract

Artificial Intelligence (AI) is the science and engineering of intelligent machines, primarily through computer programs. AI consists of processes by human intelligence simulated through machine processes and is concerned with designing, developing, and implementing computer systems. One of them is Deepfake. Deepfake is a technology that uses data as an image/photo of a person’s face, which is part of personal data and potentially misused to commit crimes such as online loan fraud. The research discusses (1) the Benefits and Disadvantages of Artificial Intelligence in Human Lives, (2) the concept of accountability for deepfake artificial intelligence in online loan fraud according to international law and its application in Indonesia, and (3) the analysis of regulations and accountability of deepfake according to chaos theory. The research uses a legal-normative approach. Moreover, the research will examine legal principles, systematics, and comparative law in its application. The research illustrates that deepfake accountability as artificial intelligence in online loan fraud according to international law is described in the General Recommendation on the Ethics of Artificial Intelligence by The United Nations Educational, Scientific, and Cultural Organization (UNESCO). Meanwhile, the concept of accountability in Indonesia is seen in Human Rights and Data Privacy Violations. According to chaos theory, the analysis of Deepfake’s regulatory and accountability concept in international and national law leads to inconsistencies because it is only a recommendation, yet to be integrated, and still multidimensional.

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