HORIZON PUBLIC LEGAL STUDIES
HORIZON PUBLIC LEGAL STUDIES is an open-access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various fields such as: civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, and another section related to contemporary issues in legal scholarship
Articles
36 Documents
Impact Social Samen Leven 's Actions in the Perspective of Bugis Community Customary Criminal Law Rules
Salsabila, Alifah Nurghina;
Jasmaniar, Jasmaniar;
Tjolleng, Arfah
HORIZON PUBLIC LEGAL STUDIES Vol. 1 No. 2 (2025): Vol 1 No 2 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia
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DOI: 10.56087/hegels.v1i2.981
This research aims to know and understand the regulation of customary criminal law of the Bugis community against samen leven acts that violate customary norms and to know and understand the social impact on samen leven offenders in society. This research uses normative research methods, namely the type of research conducted by analyzing legal rules. This type of research is conducted by means of a literature study, namely by reading and analyzing written materials. The results show that customary criminal law still plays a role in upholding the norms of decency in society, especially in dealing with the phenomenon of samen leven . In Bugis society, the value of Siri'na Pacce reinforces the view that this behavior tarnishes honor and social balance, so customary sanctions are still applied even though national law has regulated it in the Criminal Law Code. In addition to being socially stigmatized, samen leven perpetrators also face impacts such as family disharmony and unclear child status. Therefore, customary law is still considered relevant in resolving cases culturally and maintaining social harmony in society. The recommendations of this research are 1. Socialization of the negative impact of samen leven and the importance of customary norms and laws need to be improved through education, media and communities so that the younger generation understands the consequences. 2. A policy that harmonizes customs and national laws is needed, so that the settlement of samen leven cases still consider cultural aspects, justice and protection for all parties.
Criminal Law Enforcement On the Role of Social Media in Cases of the Spread of Hoaxes and Slander
Arika, Nur;
Aswari, Aan;
Saputra, Imran Eka
HORIZON PUBLIC LEGAL STUDIES Vol. 1 No. 2 (2025): Vol 1 No 2 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia
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DOI: 10.56087/hegels.v1i2.983
This study aims to analyze the differences in legal treatment of hoax and defamation dissemination on social media compared to conventional media and to understand the role of social media in preventing the spread of false information. The research adopts an empirical juridical approach by conducting interviews with South Sulawesi Regional Police Crime Investigation Unit . The findings indicate differences in legal treatment based on the characteristics of both types of media, including variations in the sanctions imposed on perpetrators. On social media, preventive measures are carried out through public education, particularly targeting social media users, about the legal risks of spreading hoaxes. South Sulawesi Regional Police Crime Investigation Unit established the Cyber Patrol Task Force as part of its preventive and repressive strategies to tackle the issue
Accountability Criminal Fines in the Perspective of Indonesian Criminal Law
Cahyaningsih, Sinar Indah;
Ma'ruf , Tri Abriana;
Arif, Mohammad
HORIZON PUBLIC LEGAL STUDIES Vol. 1 No. 2 (2025): Vol 1 No 2 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia
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DOI: 10.56087/hegels.v1i2.984
This research aims to determine and analyze Criminal Liability for Fines in the perspective of Criminal Law. This research was conducted with a normative-empirical type that uses primary legal materials or is a study by going directly to the location, namely at the Makassar Police and journals or references related to the research. The results of this study indicate that (1) Criminal liability for fines in the perspective of Indonesian criminal law generally follows what actions are carried out by the perpetrators of the crime and how much loss from the proceeds of their crime. One example of a drug dealer case where the amount of the fine is up to billions because drug distribution is very detrimental to drug abusers. This means that it is subjective in terms of the actions of the perpetrators of the crime. (2) The achievement of the objectives of criminal punishment against criminal fines has probably not been achieved due to several factors, namely the absence of real evidence of a deterrent effect obtained by the perpetrators of the crime, the amount of the fine given to the perpetrators of the crime is still subjective, and the fine is only an additional punishment, not the main punishment. The recommendation of this research is that law enforcers in criminal liability for a criminal act should be given a heavy fine, even if possible exceeding the loss caused to the victim so that there is a deterrent effect not to commit a criminal act and the fine should be the main punishment so that it can increase the deterrent effect on the perpetrator of the crime, because the purpose of the main punishment, for example imprisonment, is so that the perpetrator of the crime will no longer commit acts that harm people. Therefore, the fine should be made the main punishment and the amount of the fine must exceed the loss caused by the perpetrator
Legal Protection for Child Victims of Crime Sexual
Sahrani, Nanda;
Abbas, Ilham;
Djanggih, Hardianto
HORIZON PUBLIC LEGAL STUDIES Vol. 1 No. 2 (2025): Vol 1 No 2 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia
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DOI: 10.56087/hegels.v1i2.985
The purpose of this study is to find out how to analyze legal protection efforts for child victims of sexual crimes as well as preventive efforts by the police in reducing the number of cases of child victims of sexual crimes in the South Sulawesi regional police. This research is included in the category of empirical legal research, where this research is carried out by accumulating data by direct interviews with the research object, which is supported by legal materials and using qualitative data analysis methods. The results of this study show that legal protection for children victims of sexual crimes in the South Sulawesi Regional Police has not been optimally implemented, although there are several efforts such as an empathetic reporting process, assistance by the police, and collaboration with LPSK, the establishment of a special unit, a sexual violence prevention program in schools, and a rehabilitation program, but these efforts have not gone well. Although there have been various preventive measures, cases of sexual violence against children are still high, indicating the need for increased education and more effective protection policies. The recommendations given by the author are that it is hoped that increased training of investigators to handle sexual crimes against children, strengthen collaboration with related institutions, and expand the socialization of children's rights, and regular monitoring of protection programs also needs to be carried out.
Understand Motivation Perpetrator Action Criminal Murder
Ramadhani, Andi Putri;
Rahman, Sufirman;
Ulfah, Siti
HORIZON PUBLIC LEGAL STUDIES Vol. 1 No. 2 (2025): Vol 1 No 2 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia
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DOI: 10.56087/hegels.v1i2.990
This study aims to determine and analyze the factors that influence the motivation of perpetrators of murder in Makassar Class I Penitentiary and how psychologists understand the motives behind the behavior of perpetrators of murder. This type of research is empirical legal research, namely research with field data as the main data source, such as interview results. The informants in this study were prisoners and forensic psychologists. The data collection method used literature studies and research by conducting interviews. The results of this study indicate that the factors causing the occurrence of murder are due to internal factors, namely unstable emotional factors, psychology, revenge. External factors are caused by environmental factors, socialization, and economics. The way psychologists understand the motives of perpetrators of murder is by taking a psychological approach and working with law enforcement officers in order to make better decisions based on information provided by psychologists. The recommendation of this research is that prisoners who have been sentenced to prison are expected to use this as a learning experience and be able to control themselves, and also be grateful for what Allah has given, because Allah will not test his servants beyond their capabilities and also forensic psychologists to pay more attention and develop rehabilitation programs for perpetrators of murder.
Legal Analysis Of Criminal Liability For Identity Falsement By A Fiduciary Agent
Ramadani, Irma;
Thalib, Hambali;
Azis, Dian Eka Pusvitas
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia
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DOI: 10.56087/hegels.v2i1.997
This research aims to determine and analyze the qualifications of the criminal act of identity forgery in a fiduciary agreement and to determine the legal considerations of the judge in making a decision in the case of Decision No. 1097 / Pid.sus / 2019 / PN. Mks. This research was conducted with a normative legal research type that uses secondary legal materials or is a study by taking several books, journals or references related to the research. The results of this study indicate that (1) The qualifications of the criminal act of identity forgery in a fiduciary guarantee agreement are the requirements that must be met in order to be categorized as a crime. Forgery is the act of replacing a letter or document carried out by an individual or group of individuals. The act of forgery is a crime characterized by a framework of falsehood or fraud against an object. Fraud is an act carried out intentionally to deceive or manipulate others for personal or group interests. Thus in this case or case No. 1097 / Pid.Sus / 2019 / PN. Mks certainly meets the requirements as a criminal act. (2) Legal analysis of the judge's decision in case No. 1097/Pid.Sus/2019/PN. Mks Regarding Identity Forgery in Fiduciary Guarantees is that the defendant has fulfilled the elements of Article 263 paragraph (1) of the Criminal Code and the elements of Article 36 of Law No. 42 of 1999 Concerning Fiduciary Guarantees. The recommendation of this study is that as law enforcement officers in determining the qualifications of criminal acts, they must be more careful in finding the elements of their actions, whether the action is a criminal act (criminal law) or a civil act (civil law) so as not to make a mistake in prosecution, and as the owner of the fiduciary object guarantee or in this case companies engaged in the fiduciary sector to be more detailed and careful when agreeing to provide fiduciary objects so that it does not happen again as in the case explained above.
Gender Discrimination as a Legal Crisis Challenges to Protection in the Indonesian Criminal System
Hasrah, Nur;
Arsyad, Nasrullah;
Hasyim, Satrih
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia
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DOI: 10.56087/hegels.v2i1.1016
This study aims to determine and analyze legal protection for victims of gender discrimination in Indonesian criminal law, especially based on Law Number 39 of 1999 concerning Human Rights. The research method used is normative legal research with a statutory and conceptual approach. The results of the study indicate that Law Number 39 of 1999 has regulated the principles of gender equality and protection against discrimination, but its implementation still faces various challenges. There are still gaps in the application of the law, weak enforcement of sanctions against perpetrators of gender discrimination, and minimal public awareness of their rights. In addition, this study also discusses the relationship with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which has been ratified by Indonesia but has not been fully implemented in the national legal system. strengthening regulations for the government and legislative institutions to formulate legal policies that are more responsive to gender discrimination issues. In addition, law enforcement officers and human rights protection institutions such as the National Commission on Violence Against Women and the National Human Rights Commission are also recommended to increase the effectiveness of case handling and victim advocacy. Increasing public legal awareness through gender-based legal education is also important so that legal protection can run optimally.
Normative Analysis Of Electric Bike Use By Minors
Adelia Azzahra, Dhea;
Nawi, Syahruddin;
Wahab, Mirnawati
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia
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DOI: 10.56087/hegels.v2i1.1023
This study aims to determine the legal regulations for electric bicycle users for minors and to determine what sanctions affect the use of electric bicycles for minors. This study uses a normative legal research method with a statutory and conceptual approach. The data collected includes laws, government regulations, and related literature. The results of this study indicate that the Regulation of the Minister of Transportation Number 45 of 2020 concerning Certain Vehicles Using Electric Motor Drives, requires that the age of electric bicycle users is at least 12 (twelve) years, which means that children under the age of 12 (twelve) years cannot ride electric bicycles in special lanes, especially on highways. Legal sanctions for electric bicycle users are not mentioned, but legal sanctions for renters or rental service providers can be given administrative sanctions such as fines and revocation of business licenses if the rental service party violates the provisions on the age of electric bicycle users. As well as providing responsibility in the event of an accident or incident involving a minor using a rented electric bicycle. Addressed to the government to revise existing laws and regulations, such as Law Number 22 of 2009 concerning Traffic and Road Transportation to accommodate the development of electric bicycle technology and provide more specific legal regulations, as well as increase sanctions for electric bicycle users, parents, and electric bicycle renters so that accidents do not occur for other road users. And the importance of educating children that the use of electric bicycles must meet the requirements and comply with applicable laws.
The Police's War Against Cyber Gamblers: A Critical Analysis of Online Gambling Handling in Parepare City
Hendra Putra, Yusril;
Jasmaniar, Jasmaniar;
Salmawati, Salmawati
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia
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DOI: 10.56087/bq1czw38
This study aims to determine the efforts of the Parepare Police in combating online gambling crimes and the factors that hinder these efforts.The research method used by the researcher in this study is empirical legal research, in which the researcher conducted direct interviews with two members of the Makassar Police Traffic Unit. The research findings concluded that the efforts of the Parepare Police Department in combating online gambling crimes include collaborating with government authorities to conduct awareness campaigns about the dangers of online gambling through the installation of banners, posters, and video screens at specific locations in the city of Parepare, blocking websites, and restricting access to online gambling websites, as well as prohibiting internet service providers from selling internet packages for online gambling activities such as domino chips. Factors hindering efforts to combat online gambling crimes in the city of Parepare include the difficulty of tracking down bookmakers, who are generally located overseas, limitations in technology and human resources among law enforcement officials, a lack of specific and strict regulations, and economic motives and a consumerist lifestyle.
COLD-BLOODED CYBER EXTORTION TRAP: The Method of Distributing Immoral Content as a Criminal Weapon of Threats on Social Media
Wirawan, Surya;
Mappaselleng, Nur Fadhilah;
Handayani, Dwi
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia
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DOI: 10.56087/hegels.v2i1.1324
This study aims to determine and analyze the investigation process for criminal acts of threats and extortion via social media and to identify the inhibiting factors in the investigation of criminal acts of threats and extortion via social media, particularly involving the distribution of immoral content. This study employed empirical research methods. Data collection techniques included interviews and documentation. The study was conducted in Makassar, specifically at the South Sulawesi Regional Police Headquarters. The results of the author's research are that the process of investigating criminal acts of threats with extortion is the same as handling other general crimes if the report is received then an investigation warrant and SP2HPA1 (Notification of the progress of the report research results) are issued. The results of the investigation find at least 2 initial pieces of evidence that are sufficient in accordance with the provisions of Article 184 of the Criminal Procedure Code then the status will be raised from the preliminary stage to the preliminary stage and the issuance of SP2HP A3 (Notification of Investigation Results) is issued. However, if the results of the investigation of the reported case are not a criminal case or do not meet the provisions of Article 184 of the Criminal Procedure Code then the investigation must be stopped and the issuance of SP2HP A2 (Notification of the Progress of Investigation Results) or usually the investigation is stopped. The inhibiting factors in the investigation process against suspects who commit criminal acts of threats and extortion through social media include sometimes the reported party is not cooperative, evidence has been deleted which results in the digital tracking process becoming more complicated and long, and the perpetrator is usually outside the jurisdiction of the South Sulawesi Regional Police and there is often a lack of witnesses and evidence. The author's recommendation is that the police should increase cooperation in resolving criminal cases, both with related agencies and with the public. There is also the need for comprehensive public education regarding the importance of a cooperative attitude when dealing with the law to facilitate investigations and handling of a case. The public also needs to increase awareness of electronic media security and participate in reporting cybercrime to the police. Law enforcement officers also need to be equipped with adequate tools and strengthen coordination and cooperation between the government, law enforcement officers, and the public. Thus, these steps are expected to increase the effectiveness of law enforcement and reduce obstacles in overcoming the spread of immoral content through electronic media.