HORIZON PUBLIC LEGAL STUDIES

Handling Case By Investigator To Action Criminal Speech Hatred

2025-04-23T02:52:06+00:00

The purpose of this research is to identify and explain the enforcement of law against hate speech crimes and to determine the factors influencing hate speech. This study employs an empirical legal research method, which examines various aspects in data collection related to hate speech crimes. The findings of this research indicate that the examination process for perpetrators at the police department differs from other cases. The results show that law enforcement against hate speech crimes at the Makassar City Police Resort is carried out through several stages: report reception, investigation, statement collection, evidence gathering, and suspect determination. Investigators must adhere to applicable legal procedures and regulations. The investigators of the Makassar City Police Resort take preventive measures against hate speech crimes through legal education campaigns, social media monitoring, community cooperation, and reporting services. These actions are conducted based on Law No. 11 of 2008 concerning Information and Electronic Transactions (ITE Law).

Implementation of the Rights of Suspects As Manifestation of the Principle of Presumption of Innocence at the Investigation Level

2025-04-19T09:11:25+00:00

This research aims to analyze the implementation of suspects' rights during the investigation process and to identify the challenges encountered in upholding the presumption of innocence principle. The research method employed in this study is an empirical method, consisting of primary data derived from interviews conducted at the Parepare City Police Office and secondary data obtained from document studies, including books, research journals, and legislation relevant to this research. The findings of this study indicate that the investigation process, which is expected to reflect the principle of the presumption of innocence, is often not optimal in practice. Some of the suspects' rights are not fully upheld, such as psychological pressure on the suspects and the right to legal certainty regarding their detention. Several factors influence the examination of suspects that fail to reflect the presumption of innocence principle, categorized into internal and external factors. These factors may compromise the principle in practice. Therefore, better training for investigators, supportive regulations, and a reduction in external pressures are needed to maintain the integrity of a fair legal process.

Legal Review of Action Criminal Exploitation of Street Children at Crossroads in the Name of Beggars

2025-04-19T09:43:49+00:00

This study aims to determine and analyze the government's prevention and control efforts against criminal acts of exploitation of street children at intersections on behalf of beggars and applicable legal regulations related to criminal acts of exploitation of street children at intersections on behalf of beggars. Empirical legal research method. The results of this study indicate that, ) Knowing and analyzing the applicable legal effort regulations related to the criminal act of exploitation of street children at intersections on behalf of beggars. In accordance with the results of the author's research, the government's prevention and control efforts against criminal acts of exploitation of street children at intersections on behalf of beggars, Knowing and analyzing the government's prevention and control efforts against criminal acts of exploitation of street children at intersections on behalf of beggars. Suggestions from the author for the future, Concrete steps are needed to strengthen local regulations governing the exploitation of street children in Parepare City. The local government needs to immediately establish a specific local regulation to protect street children. In addition, it is important to provide adequate shelter facilities for street children after being disciplined, and improve coordination between institutions such as SATPOL-PP, PKSAI, and social rehabilitation centers to provide more effective reintegration and rehabilitation services.

Legal Analysis of Criminal Responsibility of Revenge Porn Perpetrators in the Protection of Victims' Personal Data

2025-04-19T10:09:22+00:00

The purpose of this study is to examine and analyze the applicable regulations and legal actions against perpetrators of revenge porn, as well as to examine and analyze the applicable regulations aimed at protecting the victims' personal data in revenge porn cases. This research is an empirical legal study with a legislative and case approach. The data collection techniques used are document study and interviews. Data analysis was conducted using descriptive qualitative methods. The results of the study are: Indonesia currently lacks specific legislation on revenge porn. Legally, perpetrators are penalized for violating laws related to the distribution of pornographic content and the victim's personal data. This study also identifies legal regulations that are used to protect the rights of victims as the harmed party in these cases. However, in practice, psychological rehabilitation of victims has not been well implemented. Rehabilitative resources are minimal, and typically, once a case is closed, victims are left unattended as they are assumed to be safe from further harm. Therefore, there is a need for laws that regulate revenge porn so that victim restitution rights can be properly followed up after a case is closed. The recommendations of this study are:Cases involving revenge porn should be handled with consideration of various factors to determine whether someone is guilty. Thus, there needs to be specific legal regulation regarding revenge porn itself. The handling of such cases often takes a long time, resulting in delayed removal of the victim's information, which may have already been spread widely online. This highlights the importance of having specific legal regulations on this issue, so that the justice and rights of victims can be fully realized.

Legal Protection for Victims of Crime Criminal Fraud Through Social Media

2025-04-19T10:40:11+00:00

This research aims to analyze the form of legal protection provided to victims. This research also identifies the obstacles faced in implementing legal protection for victims and offers solutions that can be implemented to overcome these obstacles in the process of investigating criminal acts of fraud on social media. This research uses empirical methods that have descriptive and prescriptive qualitative characteristics. Data was obtained through interviews and data collection with law enforcement officials. The process of investigating criminal acts of fraudulent buying and selling transactions on social media in Enrekang is still ineffective. Due to several obstacles that hinder the legal process against perpetrators of criminal acts of fraudulent buying and selling transactions. The recommendations of this research are important so that police investigators and the community can work together better to speed up the investigation process until the determination of the suspect.

Investigation Action Criminal Circulation Cosmetics Illegal

2025-04-19T11:05:51+00:00

This study aims to find out and explain the process of investigating illegal cosmetics distribution crimes in Makassar and to find out and explain the factors that influence the investigation of illegal cosmetics distribution crimes in Makassar. This study uses an empirical legal method with a qualitative descriptive approach. Data were obtained through interviews and data collection with law enforcement officers. The results of this study indicate that the process of investigating illegal cosmetics distribution crimes in Makassar by the South Sulawesi Regional Police is basically carried out in accordance with the provisions of the applicable Criminal Procedure Code (KUHAP). The factors that hinder the process of investigating illegal cosmetics distribution crimes in Makassar. This research recommendation requires and is important to have a more efficient coordination system between police investigators and BPOM officers to facilitate the investigation process until the determination of suspects

Criminal Law Analysis of Genocide as a Violation of Human Rights in Indonesia

2025-04-21T03:11:37+00:00

The aim of this research is to understand and analyze legal regulations relating to genocide as a violation of human rights in Indonesia, both in Article 7 a and Article 8 of Law No. 26 of 2000 concerning Human Rights Courts, the old Criminal Code Regarding Genocide and Article 598 in Law No. 1 of 2023 concerning the Criminal Code which relates to genocide regulations. This study uses a normative research type (normative law research) or doctrinal legal research, namely legal research that uses legal material sources or is library research, a study of legal materials. The results of this study indicate that, First, the legal regulations relating to genocide as a violation of human rights in Indonesia, both in Article 7a and Article 8, have a definition of the crime of genocide. However, this article has advantages and disadvantages in interpreting and determining the crime of genocide. Second, actions that fall into the category of genocide in the old Criminal Code are often categorized as general crimes such as premeditated murder, serious abuse, or crimes against humanity. And third, the perpetrators are often only charged with general articles with lighter penalties than if there were special articles for genocide. So this will make the crime of genocide potentially committed by a group of people and result in loss of life throughout Indonesia in the future. Finally, Law No. 1 of 2023 includes genocide crime regulations in Article 598 which specifically regulates the crime of genocide. The suggestions from this study indicate the need for national regulatory officials, especially Article 7a and Article 8 of the Law on Human Rights Courts and Article 598 concerning genocide, to explain more clearly the crime of genocide, both in terms of definition, categorization of the crime of genocide and protection of victims.

Comparative Legal Analysis of the Death Penalty Law

2025-04-21T02:56:39+00:00

This research aims to analyze the regulation of criminal offenses punishable by the death penalty and compare the formulation of the death penalty between the Penal Code under Law Number 1 of 1946 (Dutch Colonial Penal Code) and Law Number 1 of 2023 concerning the Penal Code (National Penal Code). This study employs a normative legal research method with a statutory approach and a case approach. Legal data were collected through literature studies and analyzed qualitatively. The findings of this research indicate that the regulation of criminal offenses punishable by the death penalty in Indonesia is found in the Penal Code, the Narcotics Law, the Human Rights Law, the Corruption Crime Law, the Human Rights Court Law, and the Law on the Misuse of Firearms and Explosives. Furthermore, a comparison of the death penalty between the Dutch Colonial Penal Code and the National Penal Code of 2023 reveals a shift from the death penalty as a principal punishment to a death sentence with a probationary period and an alternative life imprisonment sentence. The comparison also includes differences in the legal basis, the formulation of the death penalty, the criteria for its application, and the procedures for its execution. This research recommends further studies on severe crimes that have not been explicitly regulated for the application of the death penalty.

Legal Consequences for Perpetrators of Online Fraud Crimes on Electronic Social Media.

2025-04-21T03:32:42+00:00

This study aims to find out and analyze the legal consequences for perpetrators of online fraud through electronic social media. To find out and analyze legal efforts for victims of online fraud on social media. This study uses an empirical legal research method by focusing on analyzing primary data and secondary data using qualitative data analysis techniques. The results of this study indicate that the legal consequences for perpetrators of online fraud through electronic social media. The application of legal sanctions for perpetrators of online investment fraud has not been expressly regulated in a special law that can provide criminal penalties for perpetrators but is regulated in the Criminal Code Article 372 with a maximum imprisonment of four years or a maximum fine of nine hundred rupiah, and Article 378 with a maximum imprisonment of 4 (four) years. Efforts to provide countermeasures in providing criminal policies are carried out with the criminalization aspect of criminal law, namely by forming special laws to regulate things that are prohibited in this case. Legal action is a solution provided by law to victims whose rights to justice are not fulfilled, as well as providing relief and peace of mind for the criminal acts that befell them. Online Fraud Actions involve the following steps such as Legal Efforts through Litigation, and Legal Efforts through Non-Litigation. This Research Recommendation Should be the Urgency of Making Regulations or Legal Arrangements for Investment or Commonly Called Online Capital Investment Specifically in Order to Provide Criminal Aggravation and Strengthen Criminal Sanctions for Online Fraud Perpetrators for the Purpose of the Law, namely Legal Certainty, Justice and Benefit. The State in Protecting Online Practices Should Make Regulations That Specifically and Firmly Regulate the Aspects of Investment Practices or Online Capital Investment in Order to Achieve Legal Certainty.

A Criminological Review of Online Fraud Crimes

2025-04-21T03:49:52+00:00

This research aims to find out and analyze the factors that cause online fraud crimes and to find out and analyze the efforts made by the authorities in dealing with online fraud crimes. This research uses empirical research methods, the types of data used are primary and secondary data, primary data is obtained directly at the research location by means of direct interviews related to the problem being researched with parties who are directly involved with the problem being discussed to obtain research data. Meanwhile, secondary data is obtained from literature such as documents, written sources such as journals, books, legislation and so on which are related to the problem being studied. The results of this research show that the factors that cause online-based fraud crimes are economic factors, environmental factors, socio-cultural factors and intellectual factors. Efforts made by the authorities in overcoming online-based fraud crimes include preventive efforts, repressive efforts, and implementation of the Information and Electronic Transactions Law against cyber crimes. The preventive efforts carried out include providing advice to the public through electronic media and related cyber crimes to be forwarded to the wider community. Repressive efforts include processing every cyber crime case that is handled in accordance with applicable regulations. The research recommends to the police as law enforcement officers that they should not only carry out outreach, but also block sites that are suspected to contain elements of crime and it is hoped that in the future the police will increase supervision over the use of social media by optimizing POLRI PRECISION.

Restitution in Criminal Cases Criminal Violence Sexual Abuse in Children in Jayapura City

2025-04-22T07:55:06+00:00

Study This titled Restitution in Criminal Cases Criminal Violence Child Sexual Abuse in Jayapura City. Violence sexual in children is problem serious affecting health physical , mental, and social aspects of the victims. Jayapura City, as capital Papua Province , experienced case violence sexual child increasing.Restitution is one of effort For give justice and compensation to the victims. Research This aiming For know How implementation restitution in case Action Criminal Violence Sexual Abuse in Children in Jayapura City, and what obstacles in Handling case act criminal violence sexual abuse in children in Jayapura City. Research This use method Normative Legal Research and Empirical Legal Research . Research law Normative use approach with method learn legislation , theories and related concepts with the problem that will be researched . While Empirical Legal Research is Legal Research that analyzes about implementation law in the reality to individuals , groups and institutions law . Data collected via:Interview with Judges and members Renakta who handles case and Observation directly in the field . Research results show that restitution given in the form of cash , the amount restitution requested from the victim and the victim's family is 65 million , the cases that came in 2024 were 5-6 cases , in court they operate in accordance with rule which are already valid . Submission time restitution in court range between 7 ( seven ) days If No there is a process of effort furthermore and in civil during the application period namely 14 days . The parties Renakta Polda hopes If the victim and the victim's family wants make report about case violence sexual in children must Already Certain with decision said , because the victim and the victim's party did not can to pull out report the with easy , don't Because just promised something or lured something from party perpetrator.