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INDONESIA
International Journal Of Synergi In Law, Criminal And Justice
ISSN : -     EISSN : 30484022     DOI : https://doi.org/10.70321/ijslcj
Core Subject : Humanities, Social,
International Journal of Synergy in Law, Criminal, and Justice (IJSLCJ): is an academic journal that explores various branches of legal studies including criminal law, civil law, constitutional law, administrative law, commercial law, tax law, labor law, and other related disciplines and derivatives. The journal aims to build synergy among different legal disciplines, reveal the complexity of their interactions, and promote a deeper understanding of the legal system and justice. With an integrative and innovative approach, IJSLCJ appeals to legal practitioners, academics, and researchers focused on comprehensive analysis concerning legal reform, justice policy, and comparative studies within the context of law and justice globally.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
Search results for , issue "Vol. 2 No. 3 (2025): SLP-IJSLCJ" : 12 Documents clear
CRIMINAL ACTS AGAINST MISUSE OF PERSONAL DATA IN CYBERWORLD Samuel Purba; T. Riza Zarzani; Rahul Ardian
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.132

Abstract

This study aims to determineHow Criminal Acts of Misuse of Personal Data Are Based on Statutory Regulations in Cyberspace. The research methodology used in this study is normative juridical research using a statutory approach, a conceptual approach, and a case approach. The results of the discussion stated that the regulations regarding Personal Data in Indonesia are regulated in Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) which was ratified on Tuesday, September 20, 2022. If there is a failure in Personal Data Protection, Administrative Sanctions will be imposed under Article 57 and Criminal Provisions under Article 67 and Article 69. In the case of criminal acts, Article 70 will be imposed.
Transfer of Rights over Cultivated Land under Government Regulation No. 18 of 2021 on Land Affairs/Agrarian Matters in the Analysis of Islamic Law Ivan Astavan Manurung; Mhd. Azhali Siregar; Fitri Rafianti
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.133

Abstract

This study examines the transition of rights over cultivated land to private ownership, focusing on Indonesian positive legal regulations and analyzing them from an Islamic legal perspective. The background to this research stems from the reality that much land in Indonesia, particularly ex-HGU (HGU) or abandoned land, has long been cultivated by communities without legal certainty. Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration provides a new legal framework that allows cultivators to obtain ownership rights to the land, provided they meet administrative and substantive requirements. The research method used is normative legal research with a statutory and conceptual approach, examining applicable positive legal provisions and Islamic legal principles related to land ownership and management. Under positive law, the process of transferring rights to cultivated land to ownership involves an inventory of the object and subject, verification of ownership, proof of continuous land management, release of rights from the previous party, and issuance of a certificate by the National Land Agency (BPN). Meanwhile, under Islamic law, land ownership can be obtained through the concepts of ihya' al-mawat (reviving dead land) and iqtha' (land granting by the ruler), with the basic principles of justice (al-'adl), benefit (al-mashlahah), and the prohibition of land abandonment. The analysis shows that the policy in Government Regulation No. 18 of 2021 is in accordance with sharia principles, especially regarding the granting of rights to cultivators who use the land productively and sustainably. The integration of positive law and Islamic law is expected to create a land system that is just, sustainable, and supports the welfare of the community. This study recommends that policy implementation be accompanied by strict supervision to prevent land speculation and ensure that land continues to be used for the common good.
LEGAL ANALYSIS OF THE APPLICATION OF CRIMINAL PENALTIES FOR PERPETRATORS OF NARCOTICS CRIMES Jon Heder Depari; Herny Aspan; T. Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.134

Abstract

This study discusses the legal status and application of criminal penalties for perpetrators of narcotics crimes from the perspective of Law Number 35 of 2009 concerning Narcotics, with a focus on implementation in the Kabanjahe Detention Center. Narcotics are basically legally recognized only for health purposes and the development of science, but in social practice they are often misused, giving rise to multidimensional problems. The law has formulated criminal provisions in Chapter XV Articles 111 to 148, which divide narcotics crimes into four main categories: possession, production and distribution, trade or intermediary, and carrying and transporting. From each of these categories, criminal sanctions are determined with different levels of severity, including provisions for rehabilitation for addicts and victims of abuse. The study results indicate that there is tension between the law on the books and the law in action. Normatively, Article 112 paragraph (1) stipulates a minimum sentence of four years for possession of class I narcotics without permission, but in practice, there are court decisions that impose lighter sentences, such as Supreme Court Decision Number 3790 K/Pid.Sus/2020. This indicates the flexibility of judges in considering the status of abusers, whether as perpetrators of criminal acts or as victims who deserve rehabilitation. The implementation of criminal law at the Kabanjahe Detention Center includes admitting inmates, executing prison sentences, and providing guidance and rehabilitation programs. However, limited facilities and human resources prevent rehabilitation from being optimal. This study emphasizes the need for a balance between repressive law enforcement and humane rehabilitation efforts to effectively achieve the goals of protecting the community and rescuing victims of drug abuse.
LEGAL REVIEW OF NARCOTICS ABUSE AND PREVENTION EFFORTS Deni Karnius Zebua; Mhd. Azhali Siregar; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.135

Abstract

Drug abuse is a serious problem that impacts not only health but also social, economic, legal, and national security consequences. While narcotics have legitimate uses in medicine and research, they are often misused beyond these purposes, leading to dependency, impaired quality of life, and even threatening the future of the younger generation. This study examines two important aspects: efforts to prevent drug abuse and law enforcement against drug crimes in Indonesia. The method used is normative legal research with a conceptual approach, referring to laws and regulations, legal doctrine, and relevant literature. The results show that preventing drug abuse requires an integrated strategy through promotive, preventive, curative, rehabilitative, and repressive approaches. Promotive and preventive approaches serve to provide education and build public awareness from an early age, while curative and rehabilitative approaches play a role in helping addicts break free from dependence. On the other hand, a repressive approach is implemented to take firm action against producers, distributors, and users who violate the law. Furthermore, law enforcement against drug abuse is based on Law Number 35 of 2009, which stipulates severe criminal sanctions, including the death penalty, and requires rehabilitation for addicts. Law enforcement is carried out through penal and non-penal channels, involving law enforcement officials, rehabilitation institutions, and the wider community. Major challenges include internationally organized drug crime networks, weak oversight, and the potential for corruption among officials. Therefore, drug eradication cannot be left to one sector alone but must involve synergy between the government, law enforcement, families, schools, and the community. Comprehensive efforts that combine legal and health aspects are expected to reduce drug abuse rates and protect the nation's future generations from the threat of destruction.
Implementation of Criminal Penalties Against Perpetrators of Sexual Violence Viola Gemmy Gemaya; Henry Aspan; T. Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.136

Abstract

The purpose of this paper is to determine how criminal penalties are applied to perpetrators of sexual violence and the main obstacles in implementing criminal penalties against perpetrators of sexual violence in the current legal system. The data collection technique used in this study is document study or library research, and the data analysis used in this study is qualitative analysis. Currently, there is a law regulating the Crime of Sexual Violence, namely Law Number 12 of 2022. The presence of this law is a hope for the community to reduce the growth of sexual violence cases that occur in Indonesia. Obstacles experienced include protracted legal processes (undue delay), evidence, the absence of articles regulating specific sexual crimes, intimidation from perpetrators, and lack of support from the victim's immediate environment.
Legal Analysis Regarding the Application of Criminal Penalties for Perpetrators of Cybercrime Budi Setiaji; Mhd Azhali Siregar; T. Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.137

Abstract

The purpose of writing this isTo determine the types of cybercrime that frequently occur and to determine law enforcement against perpetrators of cybercrime, using qualitative research methods. Cybercrime, or what we often hear as cybercrime, can be found regulated in the ITE Law and its amendments. The various types of internet crimes are regulated in the ITE Law. Before the ITE Law, cybercrime cases in Indonesia were tried using analogies to articles that had elements that matched the Criminal Code, so that criminal penalties for cybercrime perpetrators used the Criminal Code, abbreviated as the KUHP. In the KUHP, criminal provisions in cases of cybercrime in the form of phishing can be applied based on Article 378 of the KUHP. In Indonesia itself, cybercrime is regulated in Law Number 19 of 2016, an amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions.
Legal Analysis of the Importance of Legal Protection for Victims of Identity Forgery Crimes Eko Sahputra; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.138

Abstract

Indonesia is a country of law, with various legal regulations in place to protect a person's rights. However, this does not make Indonesia free from crime. Theft often occurs in society, with various methods, one of which is through identity fraud. Identity is a characteristic, sign, or identity inherent in a person, evidenced by an authentic deed. Having an identity is crucial in national life, as without it, it will be difficult to obtain legal protection and certainty in any relationship that arises or disappears in the interests of national life. The protection for owners of falsified personal data on the Pre-Employment Card assistance website is stipulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions and Law Number 27 of 2022 concerning Personal Data Protection. This study uses a normative legal research method. Data collection was conducted through literature and document studies. Data analysis was conducted using descriptive analytical methods and a qualitative approach. The results of the study indicate that the implementation of personal data protection efforts is still far from being implemented, thus posing a risk of personal data leaks, which can lead to other related crimes such as identity forgery, identity misuse, and illegal identity trading, which result in losses for personal data owners.
Protection of Personal Data in Criminal Law Enforcement Processes Sintong Gariel Lumban Tobing; T. Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.139

Abstract

This study aims to determineHow is Personal Data Protection in the Criminal Law Enforcement Process? The research methodology used in this study is normative juridical research using a statute approach, a conceptual approach, and a case approach. The results of the discussion stated that the regulations regarding Personal Data in Indonesia are regulated in Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) which was ratified on Tuesday, September 20, 2022. If there is a failure in Personal Data Protection, Administrative Sanctions will be imposed under Article 57 and Criminal Provisions under Article 67 and Article 69. In the case of criminal acts, Article 70 will be imposed.
Analysis of the Effectiveness of the Execution of Mortgage Rights from the Perspective of the Principle of Good Faith and Balance of Interests Ismed, Ismed; Fitri Rafianti; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Parate execution of mortgage rights is a legal instrument that grants extraordinary authority to creditors to auction collateral objects without going through the courts, as stipulated in Article 6 and Article 14 paragraph (2) of Law Number 4 of 1996 concerning Mortgage Rights. This mechanism is normatively claimed as a form of efficiency and legal certainty in resolving problem loans. However, in practice, the implementation of parate execution is fraught with inequality and potential violations of the principle of justice, especially for debtors. Many debtors are forced to lose assets through public auctions conducted unilaterally, without room for negotiation, without adequate supervision, even at auction prices that do not reflect fair market value. As a result, instead of settling their debts, debtors are trapped in the trap of remaining debt after execution. This proves that the law has been used to perpetuate the economic domination of creditors and ignore the basic rights of debtors. This research shows that the concept of parate execution in the UUHT does not fully reflect the principles of good faith and balance of interests as mandated in Article 1338 paragraph (3) of the Civil Code and the decisions of the Constitutional Court. The imbalance in bargaining position between creditors and debtors is not compensated by adequate legal protection. Therefore, it is necessary to reformulate the norms, including limiting the right of unilateral execution, strengthening the space for negotiation, and developing alternative auction mechanisms that are fairer and more transparent. Without fundamental corrections, parate execution will continue to be a tool for legalizing structural inequalities that harm social justice and negate the spirit of the law as a guardian of the human rights of every citizen.
Criminal Legal Aspects Of The Use Of Artificial Intelligence (AI) As A Means Of Fraud From The Perspective Of ITE Law Rudi Salam Tarigan; Mhd. Azhali Siregar; Rahmayanti , Rahmayanti
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.143

Abstract

The rapid development of information and communication technology has brought about various innovations, one of which is artificial intelligence (AI). However, despite its benefits, AI also has the potential to be misused as a means to commit crimes, particularly digital fraud. This study aims to analyze the criminal law aspects of the use of AI as a tool for fraud crimes from the perspective of the Electronic Information and Transactions Law (UU ITE). The method used is a normative juridical approach by reviewing relevant laws and regulations, legal literature, and case studies. The results of the study indicate that although the ITE Law does not explicitly regulate the use of AI, criminal provisions in articles related to electronic fraud can be applied to perpetrators who use AI to defraud. Furthermore, there is an urgency for policymakers to formulate more comprehensive regulations to anticipate AI-based digital crimes. This study recommends the need for national legal updates that are adaptive to technological advances, as well as increasing the capacity of law enforcement officials in detecting and handling cybercrimes involving AI

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