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INDONESIA
MALA IN SE : JURNAL HUKUM PIDANA, KRIMINOLOGI DAN VIKTIMOLOGI
Published by Yayasan Pendidikan Dan Pelayanan Kesehatan Rahmat Husada
ISSN : -     EISSN : 30632293     DOI : 10.08221/malainse
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Material Criminal Law, Criminal Procedure Law, Corruption, Money Laundering, Terrorism. Narcotics, Serious Human Rights Violations, Reform of Criminal Law, Criminal Justice System, Criminology, Victimology and various other criminal law issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 41 Documents
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PENEGAKAN HUKUM TERHADAP PELAKU DAN KORBAN TINDAK PIDANA PHISING DI INDONESIA (STUDI KASUS PUTUSAN PENGADILAN NEGERI BANJARBARU NOMOR 85/PID.SUS/2022/PN BJB) Teguh, Ady; Anita Sinaga, Niru
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 1 No. 2 (2024): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

Cybercrime nowadays involves obtaining personal identification data such as user IDs and passwords using phishing techniques. There is a distinction between theft in cyberspace, which generally begins with data theft. The stolen data is then used to commit actions that harm the victim. The issue is how phishing crimes are regulated in Indonesia and the legal enforcement against the perpetrators and victims of phishing crimes in the Banjarbaru District Court Decision No. 85/Pid.Sus/2022/PN Bjb. The purpose of this research is to understand the regulation of phishing crimes and the legal enforcement against the perpetrators and victims in the Banjarbaru District Court Decision No. 85/Pid.Sus/2022/PN Bjb. This research uses a normative method, which is conducted by analyzing written laws from literature or secondary data. The results of this study conclude that the regulation of phishing crimes refers to Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 on Electronic Information and Transactions. Law enforcement related to cybercrime is still relatively light and not proportional to the losses experienced by the victims. As in Decision No. 85/Pid.Sus/2022/PN Bjb, the defendant was sentenced to two years and six months in prison and fined Rp 500,000,000.00 (five hundred million rupiah). This is not in line with the provisions set out in Law No. 27 of 2022 on Personal Data Protection. The recommendation of this research is that the government and society should understand the importance of protecting personal data and properly implement Law No. 27 of 2022 on Personal Data Protection to guarantee privacy rights. The establishment of a special and independent authority to address personal data issues is also suggested.
PENEGAKAN HUKUM TERHADAP PENGEMUDI YANG MEROKOK SAAT BERKENDARAAN BERDASARKAN UNDANG-UNDANG LALU LINTAS DAN ANGKUTAN JALAN (LLAJ) NOMOR 22 TAHUN 2009 Mardiansyah, Agung; Sari, Indah
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 1 No. 2 (2024): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

“Smoking while driving is very dangerous for both the driver himself and other people, because it can interfere with concentration and cause accidents while driving. Therefore, it is very interesting and important to study further regarding how the law is enforced for drivers who smoke while driving motorized vehicles based on Law Number 22 of 2009? and what are the obstacles and efforts to overcome them in enforcing the law against drivers who smoke while driving motorized vehicles? To answer these problems, normative juridical legal research methods are used with statutory and conceptual regulatory approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that law enforcement against drivers who smoke while driving motorized vehicles is still low and needs to be enforced through proper implementation of traffic regulations. Obstacles in law enforcement against drivers who smoke while driving lie within the law enforcement factor because law enforcement is less strict. Community factors due to lack of public awareness of the law, facilities and infrastructure/facilities factors and cultural factors. In law enforcement efforts, there are preventive efforts carried out by the police, including providing guidance and education to the community, carrying out verbal warnings. Apart from preventive efforts, there are also repressive efforts, namely imposing sanctions on perpetrators of traffic violations using articles in Law Number 22 of 2009 concerning Road Traffic and Transportation.
PERTANGGUNGJAWABAN PIDANA PENYIMPAN VIDEO PORNO: ANTARA NORMA KESUSILAAN DAN HAK PRIVASI BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 44 TAHUN 2008 TENTANG PORNOGRAFI Handoko, Aji; Sari, Indah
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 1 No. 2 (2024): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

This study examines the criminal liability of pornographic video depositors in Indonesia, by considering aspects of decency norms and privacy rights based on Law Number 44/2008 on Pornography. This study uses normative legal research method with statutory and conceptual approaches. The results show that there is a tension between efforts to uphold the norms of decency through the criminalisation of ownership of pornographic material and the protection of individual privacy rights. The Pornography Law has not expressly regulated criminal liability for storing pornographic videos for personal consumption, creating legal ambiguity. This research recommends the need for revision of the law to provide legal clarity, taking into account the balance between public interest and privacy rights, and adopting a more proportional approach in determining criminal sanctions.
ANALISIS YURIDIS PIDANA MATI TERHADAP TINDAK PIDANA NARKOTIKA (ANALISIS PUTUSAN NOMOR 2267/PID.SUS/2012/PN.JKT.BAR) Wahyu Pambudi, Arif; Zein Sgn, Subhan
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 1 No. 2 (2024): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

The crime committed by Fredi Budiman was a very extraordinary crime in narcotics crimes. Therefore, it is very interesting and important to examine further how the perpetrators who are suspected of being narcotics dealers are proven in decision number 2267/Pid.Sus/2012/PN.Jkt.Bar? and what is the juridical analysis of the death penalty for narcotics crimes in decision number 2267/ Pid.Sus/2012/PN.Jkt.Bar?. To answer these problems, normative juridical legal research methods are used with statutory and conceptual regulatory approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that valid evidence according to Law Number 8 of 1981 is regulated in Article 184 of the Criminal Procedure Code which consists of: a) witness statements; b) expert testimony; c) letter; d) instructions and d) defendant's statement. Based on the decision in case Number 2267/PID.SUS/2012/PN.JKT.BAR. There are three valid pieces of evidence, namely witness statements, documentary statements, and defendant statements. The execution of the death penalty for narcotics crimes in Law No. 35 of 2009 concerning Narcotics is the heaviest sanction that can be imposed on perpetrators of this type of crime. Basically, the death penalty imposed on narcotics traffickers is a form of protecting the rights and interests of many people and is in line with the purpose of punishment. The reason for the punishment of repetition as a basis for increasing punishment is that someone who has been sentenced and repeats a crime again, proves that he has a bad character. Evil is therefore considered very dangerous for security and public order.
PENERAPAN HUKUM TERHADAP ANGGOTA PERWIRA TINGGI POLRI YANG MELAKUKAN TINDAK PIDANA PEMBUNUHAN BERENCANA YANG BERDAMPAK PADA TINGKAT KEPERCAYAAN MASYARAKAT KEPADA INSTITUSI POLRI (STUDI KASUS PERKARA FERDY SAMBO PUTUSAN MAHKAMAH AGUNG NOMOR 813 K/PID/2023) Budi Pratama, Arya; Gultom, Potler
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 1 No. 2 (2024): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

This research examines the application of the law to criminal acts of premeditated murder involving high-ranking National Police officers with a case study of the Ferdy Sambo case based on Supreme Court Decision Number 813 K/Pid/2023. The focus of the research is directed at two main aspects: first, the legal mechanisms applied in handling criminal acts of premeditated murder involving high-ranking Polri officers; second, the effectiveness of imposing sanctions in increasing public trust in the image and reputation of the National Police. The research method used is normative juridical, with an analysis-based approach to statutory regulations, court decisions, legal doctrine and related literature. This research found that legal mechanisms have been implemented according to procedures, although they face challenges in ensuring transparency and accountability. Meanwhile, imposing sanctions on Ferdy Sambo is seen as a significant step in enforcing the law, but its impact on increasing public trust still requires further strengthening through institutional reform and improving the internal monitoring system.
PENERAPAN STANDAR GIZI MAKANAN BAGI NARAPIDANA BERDASARKAN PERMENKUMHAM NOMOR 40 TAHUN 2017 DI LAPAS PEREMPUAN KELAS IIA JAKARTA Bening Kumalasari, Ayu; Sulisrudatin, Nunuk
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 1 No. 2 (2024): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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This study aims to determine the implementation of nutritional standards in the provision of food in the kitchen of Class IIA Jakarta Women's Prison for inmates. Based on the results of the research conducted by the author, the author can conclude that the Class IIA Jakarta Women's Prison Kitchen has attempted to maximize the implementation of nutritional standards in the process of food provision activities referring to Permenkumham no. 40 of 2017. Factors that are obstacles in the provision of food at Class IIA Jakarta Women's Prison, Include: a. The number of food service personnel is still not fulfilled, causing overlapping in work, b. daily food quality is not directly monitored by the nutrition team and there are no food recommendations if there are sick prisoners, c. there are several infrastructures that must be met to maximize food services for prisoners in the Class IIA Jakarta Women's Prison. The research method used is Juridical Empirical. Juridical is to study the normative concept or legislation. This study analyzes the Implementation of nutritional standards in the Minister of Law and Human Rights Regulation No. 40 of 2017 in the Class IIA Jakarta Women's Prison. The results of the study indicate that the Class IIA Jakarta Women's Prison has attempted to provide the rights of prisoners in the form of getting decent food services according to nutritional needs which are the rights of prisoners in the Prison.
DERADIKALISASI DALAM MENANGGULANGI PAHAM RADIKALISME DAN TERORISME DI INDONESIA Nugroho, Bakhtiar; Sudarto
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 1 No. 2 (2024): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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The use of a hard approach as an effort to arrest, prosecute and enforce the law carried out by security forces against perpetrators of terror must be balanced with a soft approach in dealing with radicalism. Therefore, it is very interesting and important to study further whether terrorists exposed to radicalization can be neutralized with a deradicalization program? and how does deradicalization deal with radicalism and terrorism in Indonesia? To answer these problems, normative juridical legal research methods are used with statutory and conceptual regulatory approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that deradicalization is a strategy based on a conceptual understanding to deal with problems related to the development of ideologies and acts of radicalism. Deradicalization efforts must involve the government together with Indonesian civil society, especially to stop, eliminate, or at least neutralize radicalism. Deradicalization is a change with the modernization of radical ideology accompanied by a reasonable and integrated approach to social welfare. Efforts to modernize radical ideology are intended so that former perpetrators of terrorism, apart from no longer having radical beliefs, can also become agents of change that support the eradication of criminal acts of terrorism. Efforts to carry out deradicalization involving Indonesian civil society are needed as an effort to strengthen the ideological defense of citizens. Strengthening regulations by creating a separate law related to deradicalization to give it strength as a clear legal basis.
PERTANGGUNGJAWABAN PIDANA PELAKU YANG TURUT SERTA (DEELNEMING) DALAM TINDAK PIDANA TERORISME (ANALISIS PUTUSAN NOMOR: 792/PID.SUS/2019/PN JKT.BRT) Agustino, Bartolomeus; Sari, Indah
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 1 No. 2 (2024): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Terrorism is a frightening specter, the threat of punishment is not only for perpetrators of terror but perpetrators who participate in helping terrorism will be threatened with punishment. Therefore, it is very interesting and important to study further regarding how the criminal acts of participating (deelneming) in criminal acts of terrorism are regulated? and what is the criminal responsibility of perpetrators who participate in criminal acts in the analysis of the West Jakarta decision Number 792/Pid.Sus/2019/PN Jkt.Brt concerning the criminal act of financing terrorism? To answer this problem, a normative juridical legal research method is used with the approach method statutory and conceptual regulations. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that the regulations regarding the prevention of crimes of terrorism in Indonesia are based on Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism, and the regulations in Article 11 of Law Number 9 of 2013 concerning the Prevention and Eradication of Criminal Acts of Terrorism Funding. Criminal liability of perpetrators who participated (deelneming) in the West Jakarta Decision Number 792/Pid.Sus/2019/PN Jkt.Brt. The defendant's actions fulfilled all the elements of the second indictment, Article 4 in conjunction with Article 5 of Law Number 9 of 2013 concerning Prevention and Eradication of Terrorism Financing, and therefore the defendant was legally and convincingly proven to have assisted in providing funds, either directly or indirectly, by the intention is to be used in part to commit a criminal act of terrorism.
PERSIDANGAN SECARA ELEKTRONIK DI PENGADILAN PAJAK INDONESIA (E - TAX COURT) : KENDALA DAN DAMPAKNYA Berliana; Zein Sgn, Subhan
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 1 No. 2 (2024): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Initially, e-Court was formed from PERMA Number 3 of 2018, over time and in the era of digitalization, the Supreme Court continues to strive to find breakthroughs or innovations in developing a litigation system in the Court, namely by using e-Court in accordance with PERMA Number 1 of 2019 which regulates e-Filling, e-payment, e-summons, and e-litigation. The development and launch of e-Tax Court also reflects the commitment of the Supreme Court of the Republic of Indonesia in integrating information technology (IT) with procedural law, proving that IT innovation Based on this description, this study aims to determine the extent of the effectiveness of e-Tax Court implementation in the Indonesian Tax Court. This type of research is qualitative research which tends to be in the form of analysis in accordance with facts in the field and is complemented by an empirical juridical approach. This study uses primary data sources obtained from interviews with e-Tax Court Information and Technology officers, clerks, tax consultants and tax lawyers, as well as the author making observations on tax clients and tax consultants. Secondary sources used such as books, journals, previous research, articles related to the theme and selected. The results of this study are discussing legal reform in the tax court and measuring the level of effectiveness of the e-Tax Court in the Indonesian Tax Court with an analysis of legal reform and knowing the settlement of litigants in the Indonesian Tax Court with the principle of a simple, fast, and low-cost trial. In reality, the implementation of e-Tax Court in the Indonesian tax court is very efficient and helps a lot in terms of more efficient trials of time and distance, considering that tax courts only exist in a few provincial cities. Of course, there are impacts and things that must be improved from the constraint factors in the implementation of the e-Tax Court from access to server error data uploads, evidence and magic information as well as expert statements who must take oaths, taxpayers or people who still do not master technology, lack of socialization programs to taxpayers. In view of legal reforms and the impact of e-Tax Court settlement of trials, the implementation of e-Tax Court has been achieved optimally, it's just that efforts need to be made to several impacts that hinder the trial such as: Data security, servers, capacity of file, and internet network.
PENERAPAN DIVERSI TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Hermanto Manurung, Boy; Noverita Simarmata, Lasmauli
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 1 No. 2 (2024): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Juvenile delinquency is mostly committed by those who fail to develop their emotional souls, they cannot control themselves against new things that enter them, which gives rise to attitudes that should not be carried out. Juvenile delinquency is a manifestation of conflict that is not resolved properly during childhood or adolescence. The title of this research is the Application of Diversion to Children in Conflict with the Law Based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Problem formulation 1. How is diversion applied to children who are in conflict with the law? 2. What are the obstacles to implementing diversion for children in conflict with the law? The research method is normative juridical. The approaches used in this research are the statutory approach, conceptual approach, historical approach and case approach. The types of legal materials used are primary, secondary and tertiary legal materials. The results of this research are 1. The application of diversion to children in conflict with the law in the juvenile criminal justice system is an implementation of restorative justice to provide justice and legal protection to children in conflict with the law without neglecting criminal responsibility for the child. Deversion must be right on target and pay attention to both sides, both the victim and the perpetrator, because sometimes diversion only sees one side. If diversion is successful and the child is returned to the community, supervision by related parties such as community counselors must be carried out seriously so that the child does not re-commit criminal acts, and can follow the guidance well so that when the supervision period is over he will behave positively. 2. Obstacles to implementation Diversion towards children who are in conflict with the law, in general, is a factor of society which still wants punishment in the form of parents of children, a factor of victims who sometimes do not understand and the diversion strategy carried out by the parties involved is less than optimal.

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