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    232 research outputs found

    Legal Protection of Public WiFi Users from Cyber Crime

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    This research explores the legal protection of public WiFi users from cybercrime, with a focus on public awareness, security standards, and law enforcement. The main findings show that the public's low awareness of public WiFi security risks is caused by a lack of education and information, wrong perceptions of security, and dependence on technology. Additionally, security standards implemented by public WiFi service providers vary and are often inadequate, influenced by a lack of strict regulation, implementation costs, and lack of technical knowledge. Law enforcement against cybercrime has also proven weak, with limited resources, lack of international cooperation, and inadequate regulations as the main causes. This research recommends increasing public education, strengthening security regulations, increasing law enforcement capacity, and better international cooperation. The implementation of these steps is expected to create a safer digital environment and increase legal protection for public WiFi users from the threat of cybercrime

    Police Policy in Combating Narcotics Crime (Study at Medan Police Headquarters)

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    This study aims to analyze the policies of the Indonesian National Police (Polri) in combating narcotics crimes (study at Polrestabes Medan). Medan City is one of the areas most affected by narcotics trafficking, both from local syndicates and international networks. Polri policies include law enforcement, prevention through education and socialization, and rehabilitation for narcotics users. Based on this, the focus of the problems in this study are First, how is the Polri policy in combating narcotics crimes (Study at Polrestabes Medan) Second, What are the obstacles faced by Polri in combating narcotics crimes (Study at Polrestabes Medan). This study uses normative-empirical juridical research with descriptive data analysis. The results of the study show that although Polri has carried out various significant law enforcement operations and prevention programs, challenges such as the involvement of certain officers, high demand for narcotics among the community, limited rehabilitation facilities, and the complexity of international narcotics networks are still major obstacles. Therefore, efforts are needed to improve internal supervision, increase international cooperation, and increase the capacity of community-based rehabilitation and prevention programs

    The Role of Investigators in Handling Hate Speech Cases by Children as Criminal Offenders (Case study of Polda Bali)

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    The rapid progress of our time is evident in various aspects of life, including the realm of technology. This progress can have both positive and negative effects on users, especially children who are more susceptible to influence. There is a concern that when children come across news or false information in the media, they may unknowingly spread it without verifying its accuracy. Furthermore, there is a possibility that they may engage in Hate Speech without realizing that it is against the law. This raises a research question: How effective is the implementation of Restorative Justice at the investigator level through juvenile diversion in cases involving criminal Hate Speech? To answer this question, the research follows an empirical method and adopts a case-based approach with supporting facts. The research location for the study is the Bali Regional Police (Polda Bali). The research object focuses on hate speech cases involving child suspects and the effectiveness of Restorative Justice through diversion at the investigator level. Data is collected through interviews and documentary studies. In addressing the research problem, the author focuses on the theory of legal effectiveness, which emphasizes prevention rather than punishment by investigators. Investigators base their actions on Article 1 Paragraph 6 and 7 of Law Number 11 of 2012, which prioritizes Restorative Justice and diversion in handling juvenile cases. The use of Restorative Justice and diversion plays a crucial role in protecting the rights of children and preventing discrimination

    Protecting Children Rights through the Juvenile Criminal Justice System in Indonesia: Issues and Challenges

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    The Juvenile Criminal Justice System is established to uphold justice for children who engage in criminal proceedings, especially those who perpetrate criminal offense. The System sets up various measures in order to protect the rights of these children. This article aims at evaluating the operation of the Juvenile Criminal Justice System in Indonesia with special concern on the fulfilment of the rights of children who are in conflict with the law. The type of research is that of normative legal research which relies on secondary data in the form of primary and secondary legal material. This normative legal research employs statutory approach. It is found that the rights of children who are in conflict with the law is primary protected through the employment of diversion, the initial step for settling the criminal case outside the judicial system. The operation of the Juvenile Criminal Justice System comes across some obstacles in field, including with regard to the employment of diversion. Therefore, improvement in employing diversion seems to be necessary to achieve better quality of children rights protection

    The Implementation of The Complete Systematic Land Registration Program as A Framework for Achieving Agrarian Reform

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    This research aims to analyze the implementation of the Complete Systematic Land Registration (PTSL) program as an effort to accelerate Agrarian Reform, which aims to create justice and welfare for the people as mandated by the Constitution. The issue is focused on the agenda of accelerating Agrarian Reform through the Complete Systematic Land Registration, which has proven to have a positive impact on Indonesian society in terms of providing legal certainty of land ownership, thereby preventing the potential for agrarian conflicts. This research uses qualitative methods with a legislative approach and a conceptual approach, resulting in a juridical-normative type of study. Data were collected through unstructured observation methods and analyzed qualitatively. This study concludes that land registration in Indonesia until 2017 (before the PTSL program) only resulted in 46 million registered land parcels, whereas as of now, it has reached 117.9 million registered land parcels by September 2024. With the existence of land ownership certificates as proof of ownership, it will be able to provide legal certainty and minimize agrarian conflicts, thereby enabling the government's efforts in the Acceleration of Agrarian Reform to be achieved effectively

    Formulation of Secondary Meaning Evidence in Trademark Infringement Disputes in Indonesia (Comparative Study of the United States and Thailand)

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    This study aims to analyze the regulation of secondary meaning and the formulation of proving secondary meaning within the trademark legal regime in Indonesia. The research employs a normative juridical method, supported by statutes, conceptual, and comparative approaches. The data used in this study consist of legal instruments such as Law Number 20 of 2016 concerning Trademarks and Geographical Indications, the TRIPs Agreement, the US Lanham Act, and Trademark Law. The results of this study indicate that Indonesia has not yet accommodated the regulation of secondary meaning in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. In practice, there is no clear standard to determine whether a descriptive mark has acquired secondary meaning, which leads to case-by-case proof. It contrasts countries such as the United States and Thailand, which are provisions for proving secondary meaning. The absence of a provision for proving secondary meaning creates a legal vacuum when trademark infringement disputes arise. Therefore, there is a need for legal reform to regulate the proof of secondary meaning in trademark cases. A formulation for proving secondary meaning could be incorporated into Article 76 of Law 20/2016, which addresses trademark cancellation, by providing an exception for trademarks that have established secondary meaning through consumer association. Alternatively, the proof of secondary meaning could be considered during the substantive examination of trademark registration

    Criminological Study of Traffic Violations on Numbing Island

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    Traffic violations are no longer commonplace among society. This often happens in the community, sometimes even causing economic and physical losses due to traffic accidents. Positive law in Indonesia has explicitly regulated traffic safety rules which are regulated in Law Number 22 of 2009 concerning Road Traffic and Transportation. To study this, researchers took the research location Numbing Island, which is one of the islands in the Riau Islands Province. And from a criminological perspective, researchers want to examine in more depth what is the basis for the perpetrator to commit this offense. The research method used is empirical juridical research. As support in building the arguments for this research, researchers used primary and secondary reference materials. Data collection techniques used by researchers include observation methods, interviews and literature review. The research data analysis technique was carried out using a qualitative method, then in developing a line of thinking, the researcher used a deductive method. The results of this research show that the level of traffic violations on Numbing Island is sociologically caused by a lack of public awareness on the grounds that the application of traffic laws in the island area is not necessary, in terms of law enforcement factors, supervision by Bhabinkamtibmas is still not strictly implemented so that there is a form of negligence on the part of the authorities. law enforcers to enforce traffic regulations

    Design of Election Criminal Enforcement Through A Restorative Justice Approach in Nort Sumatra

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    The large number of cases of suspected election crimes at every stage of the elections in Indonesia are not balanced with a fair law enforcement design and legal certainty. The establishment of the Integrated General Election Law Enforcement Center (Sentra Gakkumdu Pemilu) apparently did not have a significant impact in effectively prosecuting perpetrators of election crimes. This research aims to examine the design of law enforcement for election crimes and analyze the application of the concept of restorative justice as an approach to law enforcement for election crimes. The results of the research, firstly, are that the complexity of the law enforcement mechanism for election crimes causes the number of reports of election crimes submitted by the public to election supervisors to be meaningless. Second, that the current law enforcement design for election crimes still prioritizes punishment, even though law enforcement prioritizes the principle of ultimum remedium in its implementation. The absence of legal loopholes in prioritizing the concept of restorative justice in enforcing election criminal law is an obstacle for the Gakkumdu Center in enforcing election criminal law. The large number of cases of suspected election crimes that occur while the resolution time is relatively short makes it difficult for law enforcement to promote election crimes to promote justice and legal certainty. So there is a need to design technical regulations in implementing restorative justice in handling election crimes in the future

    Criminal Liability of Child Exploitation Through TikTok Live Streams in Orphanage Foundations (A Case Study of Decision Number 148/Pid.Sus/2024/PN Mdn)

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    The helplessness of children in protecting themselves provides opportunities for adults to exploit them. As in Decision Number 148/Pid.Sus/2024/PN Mdn, where the development of digitalization and social media trends, namely TikTok, was misused as a means of exploiting children in foster care. The perpetrators take advantage of children's vulnerability by having the child appear in TikTok live streaming to attract audience sympathy in order to get gifts that can be converted into money. This study aims to analyze the guarantee of legal protection for orphanage children as victims of exploitation and examine the criminal liability of the manager of the orphanage foundation in cases of child exploitation through TikTok live streaming. The normative juridical method with a statutory approach and a case approach is used in this research. The results show that orphanage children who are victims of exploitation are entitled to legal protection guarantees in the form of special protection, social rehabilitation, legal assistance, and supervision by empowerment institutions such as KPAI. The actions of the orphanage manager are proven to meet the requirements of criminal liability because they intentionally exploit for material gain, have the ability to be responsible, and without any excuse that can eliminate criminal responsibility

    A Decisional Study of Criminal Liability of Road-Based Mass Transportation Drivers in Special Bus Lanes

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    This research aims to make a decision study of criminal liability of road-based mass transport drivers in special bus lanes. The research method used is normative juridical. This result of the research shows that drivers of road-based mass transportation buses who enter special bus lanes should not be punished if someone breaks through the special bus lane which results in an accident and the victim dies. This is based on legal experience, namely on court decisions based on articles relating to road user negligence. The decision made by the judge in the case of death due to someone breaking into a special bus lane exampale in case Decision Number 1086 K/PID/2016 and others is not commensurate with the driver's fault because the incident occurred due to the fault of the perpetrator or the victim themselves. This decision also cannot apply to mass transit bus drivers because basically it is necessary to pay more in-depth attention to causal factors, as well as Victim Precipitation conditions which are the initial causes of accidents in special bus lanes. This research is a form of proposed change in Law No. 22 of 2009 concerning Traffic and Road Transportation

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