HORIZON PUBLIC LEGAL STUDIES (Hegels), is a peer-reviewed journal published by the Faculty of Law, Universitas Muslim Indonesia Makassar. This journal is published twice a year (October and April). Hegels is an open-access and peer-reviewed journal that aims to provide a national and international academic forum for cross-border legal research in the field of public law, international public law issues, and human rights law in Indonesia, Southeast Asia, and the global context, especially in developing countries, with the obligation to use Islamic law as a paradigm contained in the article as analysis material. Hegels publishes peer-reviewed journals while still increasing the efficiency of the process without eliminating the objective legal substance in the article. This journal welcomes contributions from law students and practitioners who have specializations in the field of law with a public law discipline with a touch of Islamic perspective. This journal is very open to new issues and is a priority in publication.
Faculty of Law, Universitas Muslim Indonesia
Implementation of Law No. 20 of 2001 on Corruption of Kopo Village Funds
This study aims to analyze the forms of misuse of village funds and the application of law to corruption crimes through case studies of court decisions. The method used is descriptive analytical with a normative juridical approach. The novelty of this study lies in its focus on analyzing court decisions in village fund corruption cases, which have rarely been studied in depth. The results of the study indicate various modes of misuse of village funds, ranging from abuse of authority to manipulation of accountability reports, which have serious impacts on state finances and village governance. The study concludes that the application of law in court decisions can be an important instrument in strengthening efforts to eradicate corruption.
Copyright (c) 2025 Indah Nova Komalasari, Siti Ulfa, Yuli Adha Hamzah https://creativecommons.org/licenses/by-sa/4.0
Fulfillment Of Human Rights For The Poor And Abandoned Children
This study aims to determine the Makassar City Government's efforts to fulfill the rights of the poor and neglected children in Makassar City, and also to analyze the factors in Makassar City Government legal policies that impact the fulfillment of rights for the poor and neglected children in Makassar City. The method used in this study is empirical legal research, namely legal research that uses empirical data through observations in real situations to explain a research. The results of this study indicate that efforts to fulfill the rights of street children, beggars, and vagrants are not yet optimal. This is due to several factors, including internal government initiatives, community participation, and customs. This research recommends that the government implement substantial programs that truly address the rights of the poor and neglected children, rather than simply being implemented on a whim or for a short period of time.
Copyright (c) 2025 Muhammad Refri Bintang Pamungkas, Muhammad Kamal Hijdajz, Sri Amlinaty Muin https://creativecommons.org/licenses/by-sa/4.0
COLD-BLOODED CYBER EXTORTION TRAP: The Method of Distributing Immoral Content as a Criminal Weapon of Threats on Social Media
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.
Copyright (c) 2025 Surya Wirawan, Nur Fadhilah Mappaselleng, Dwi Handayani https://creativecommons.org/licenses/by-sa/4.0
The Police's War Against Cyber Gamblers: A Critical Analysis of Online Gambling Handling in Parepare City
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.
Copyright (c) 2025 Yusril Hendra Putra, Jasmaniar Jasmaniar, Salmawati Salmawati https://creativecommons.org/licenses/by-sa/4.0
Normative Analysis Of Electric Bike Use By Minors
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.
Keywords: Legal Regulations, Electric Bicycles, Minors.
Copyright (c) 2025 Dhea Adelia Azzahra, Syahruddin Nawi, Mirnawanti Wahab https://creativecommons.org/licenses/by-sa/4.0
Gender Discrimination as a Legal Crisis Challenges to Protection in the Indonesian Criminal System
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.
Copyright (c) 2025 Nur Hasrah, Nasrullah Arsyad, Satrih Hasyim https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis Of Criminal Liability For Identity Falsement By A Fiduciary Agent
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.
Copyright (c) 2025 Irma Ramadani, Hambali Thalib, Dian Eka Pusvitas Azis https://creativecommons.org/licenses/by-sa/4.0
Understand Motivation Perpetrator Action Criminal Murder
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.
Copyright (c) 2025 Andi Putri Ramadhani, Sufirman Rahman, Siti Ulfah
Function Intelligence The District Attorney's Office in Revealing Action Criminal Corruption
This study aims to analyze the role and function of the Pinrang District Prosecutor's Intelligence in disclosing criminal acts of corruption and identifying the obstacles faced in this process. The approach used is an empirical approach with data collection methods through interviews and literature study. Interviews were conducted with the Head of the Intelligence Section, members of the Intel Prosecutor, as well as practicing legal advocates who have in-depth knowledge and understanding regarding the disclosure of criminal acts of corruption and the legal processes that apply in Indonesia. The literature study was carried out by studying relevant laws and regulations as well as other scientific works that discuss the role of the District Attorney's intelligence in disclosing criminal acts of corruption. The research results show that the disclosure process begins with public reports or internal findings received and continues with data collection and exposure involving the Head of the District Attorney's Office, Head of the Intelligence Section, and Head of the Special Crimes Section to determine the feasibility of the investigation. Obstacles faced include limited budget, facilities, and external pressure from certain parties. Therefore, it is necessary to increase the budget and supporting facilities as well as protection for investigators so that the law enforcement process runs optimally. To increase the effectiveness of disclosing corruption cases, it is recommended that there be an additional budget, facilitation of a team of experts, better coordination between institutions, as well as increased transparency and education for the public. The prosecutor's office is also expected to increase the training and capacity of officers to overcome challenges in disclosing criminal acts of corruption in accordance with applicable legal procedures.
Copyright (c) 2025 Nurul Qalbi, Nurul Qamar, Syamsul Rijal
Impact Social Samen Leven 's Actions in the Perspective of Bugis Community Customary Criminal Law Rules
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.
Copyright (c) 2025 Alifah Nurghina Salsabila, Jasmaniar Jasmaniar, Arfah Tjolleng
Criminal Law Enforcement On the Role of Social Media in Cases of the Spread of Hoaxes and Slander
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
Copyright (c) 2025 Nur Arika, Aan Aswari, Imran Eka Saputra
Review Criminology To Action Criminal Human Trafficking (TPPO)
Study This to study review criminology to act criminal human trafficking (TPPO), as well as factors that become reason the occurrence abuse narcotics in women in Makassar City. The method used is study law empirical with approach regulation legislation and approaches case For analyze existing regulations​ as well as challenge in enforcement law . Research results show that TPPO can understood as complex crimes , involving​ various factor economic , social and network criminal organized . Enforcement law to practice This faced with factors like lack of coordination between institutions and the lack of understanding public about risk law . Research This recommend improvement education law for public as well as strengthening capacity apparatus enforcer law For handle TPPO cases in general more effective . Research conclusion This emphasize importance protection comprehensive law​ For prevent and eradicate TPPO in Indonesia.
Copyright (c) 2025 Andi Muhammad Rheza Fahruddin, Baharuddin Badaru, Salle Salle
Criminological Analysis Of Electronic Ticketing (ETLE)
This study aims to identify and analyze the factors contributing to violations of Electronic Traffic Ticketing (ETLE) by road users within the jurisdiction of Polrestabes Makassar from a criminological perspective. An empirical juridical research approach is applied in this study. The research data is obtained from various sources, including but not limited to: in-depth interviews, surveys, observations, books, documents, relevant laws and regulations, and other written materials. The findings of this study indicate that the factors causing ETLE violations in the jurisdiction of Polrestabes Makassar are complex and involve multiple elements, such as individual awareness, social influence, infrastructure limitations, and technological weaknesses. A holistic approach is necessary to understand and address these issues, including public education, infrastructure improvements for ETLE, and advances in violation detection technology. The study recommends a holistic approach to addressing the causes of ETLE violations in the jurisdiction of Polrestabes Makassar. This includes enhancing public education, increasing the number of cameras in strategic locations, and developing more advanced detection technologies. Regular evaluations of ETLE implementation are essential to identify weaknesses and potential improvements, supported by routine training for officers and strengthening inter-agency collaboration. Furthermore, by recognizing and rewarding drivers who comply with traffic regulations, we can create safer and more orderly roads for everyone.
Copyright (c) 2025 Ade Rifkah Rafsanai, Hasnan Hasbi, Muhammad Faisal
Analysis Legal About Action Criminal Fraud Thrifting
This study aims to determine and analyze the enforcement of criminal law in handling cases of second-hand clothing fraud (thrifting). Additionally, it seeks to identify and analyze the factors contributing to such fraudulent activities. This study employs a normative-empirical research method. It applies a literature review approach by examining various legal materials, which are categorized into primary legal materials, such as laws and regulations; secondary legal materials, including books, legal journals, and previous research related to this study; and tertiary legal materials, which serve as supplementary references. The findings of this study indicate that second-hand clothing fraud (thrifting) is regulated under Article 378 of the Criminal Code, which defines fraud as an act of deception or dishonesty for personal gain, punishable by up to four years of imprisonment. Online fraud is addressed in Article 28 of the ITE Law, while Article 47(1) of the Trade Law outlines criminal penalties for importers who illegally import used goods. The factors influencing second-hand clothing fraud (thrifting) include the lack of government supervision despite the many prohibitions on the import of second-hand clothing, as well as insufficient public awareness campaigns regarding the legal consequences of such fraud. Based on these findings, this study provides two key recommendations: first, buyers should verify the credibility of sellers before making a transaction and use a secure platform. second, local governments should raise public awareness about the risks of fraud and imported bans while also providing information about the health risks associated with used clothing.
Copyright (c) 2025 Verginia Adzraa Triantari, Hasbuddin Khalid, Azwad Rachamad Hambali
Restitution in Criminal Cases Criminal Violence Sexual Abuse in Children in Jayapura City
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.
Copyright (c) 2025 Aprillia Susanti Maswatu, Farida Tuharea, Maria Yeti Andrias
Implementation of the Rights of Suspects As Manifestation of the Principle of Presumption of Innocence at the Investigation Level
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.
Copyright (c) 2025 Andi Zahwa Syaqira, Sri Lestari, Muhammad Azham Ilham
Criminal Law Analysis of Genocide as a Violation of Human Rights in Indonesia
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.
Copyright (c) 2025 Andi Muh Ismail, Abdul Rahman, Miftahul Jannah
Legal Review of Action Criminal Exploitation of Street Children at Crossroads in the Name of Beggars
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.
Copyright (c) 2025 Hairul Kifly Anwar, Muhammad Fauzi Ramadhan, Andi Cakra Cindrapole
Handling Case By Investigator To Action Criminal Speech Hatred
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).
Copyright (c) 2025 Muhammad Ardyanzah, Abdul Rahman, Anzar Anzar
Implementation of Suspects' Rights as an Embodiment of the Presumption of Innocence Principle in the Examination Process at the Investigation Level
This study aims to find out and analyze the implementation of the rights of suspects as a manifestation of the principle of presumption of innocence in the examination process at the investigation level and to find out the factors that hinder the investigator in the implementation and analyze the rights of suspects as a manifestation of the principle of presumption of innocence at the examination process at the investigation level. This study used the Empirical Law research method, with interviews with related samples/respondents. The source of this research data is to the investigators of the Makassar City Police and some of the rights of suspects as a manifestation of the principle of presumption of innocence in the examination process at the level of investigation of victims of abuse. The results of this study The factors that caused the suspect not to get his rights in the investigation process were the lack of communication between the investigator and the suspect regarding the rights of the suspect contained in the Criminal Procedure Code, in the investigation process the suspect refused to get legal assistance because he was afraid and unable to pay legal counsel even though it was known that there was a right to get legal assistance free of charge. Abstrak Penelitian ini bertujuan Untuk mengetahui dan menganalisis implementasi hak-hak tersangka sebagai perwujudan asas praduga tak bersalah dalam proses pemeriksaan ditingkat penyidikan dan Untuk mengetahui faktor-faktor yang menjadi hambatan penyidik dalam implementasi dan menganalisis hak-hak tersangka sebagai perwujudan asas praduga tak bersalah pada proses pemeriksaan ditingkat penyidikan.Penelitian ini menggunakan metode penelitian Hukum Empiris, dengan wawancara terhadap sampel/responden terkait. Adapun sumber data penelitian ini adalah kepada pihak penyidik Polrestabes Kota Makassar serta beberapa hak-hak tersangka seabagai perwujudan asas praduga tak bersalah dalam proses pemeriksaan ditingkat penyidikan korban penganiayaan. Hasil penelitian ini Faktor-faktor yang menyebabkan sehingga tersangka tidak mendapatkan haknya dalam proses penyidikan kurangnya komunikasi pihak penyidik dengan tersangka mengenai hak-hak tersangka yang terdapat di dalam KUHAP, pada proses penyidikan tersangka menolak untuk mendapatkan bantuan hukum karena takut dan tidak mampu untuk membayar penasehat hukum padahal diketahui bahwa ada hak mendapatkan bantuan hukum secara cuma-cuma.
Settlement of Banking Credit Facility Disputes Through a Simple Lawsuit (Case Study Case Number 9/Pdt.G.S/2021.PN.Pin)
This study aims to analyze the mechanism for resolving bank credit facility disputes through a simple lawsuit in the District Court of Pinrang and to understand the form of responsibility carried out by the debtor to the creditor in resolving bank credit facility disputes through a simple lawsuit in the District Court of Pinrang. This research is empirical research, namely research that is conducted directly into the field in order to obtain complete data regarding the mechanism for resolving bank credit facility disputes through a simple lawsuit in the Pinrang District Court. The results of the study show that the settlement of bank credit facility disputes through a simple lawsuit with case number 9/Pdt.G.S/2021/PN.Pin at PT. BANK MEGA.Tbk. Choose the path of dispute resolution through the path of peace. In practice, when the debtor makes bad credit, PT. BANK MEGA.Tbk, can execute on the basis of an agreement. The execution was carried out by: First, it was carried out by subpoena three times. Second, the execution is carried out directly under the hands of the object that is the object of collateral without going through a lawsuit in a district court. Third, direct execution through a public auction where the results of the auction are taken to pay off the payment of receivables. Direct executions can be carried out without involving the court. If underhand sales reach the highest price that benefits the parties, then the fiduciary guarantee dispute resolution is relevant to the applicable law. Abstrak Peneltian ini bertujuan untuk menganalisis mekanisme penyelesaian sengketa fasilitas kredit perbankan melalui gugatan sederhana di pengadilan negeri pinrang dan memhami bentuk tanggungjawab yang dilakukan oleh debitur terhadap kreditur pada penyelesaian sengketa fasilitas kredit perbankan melalui gugatan sederhana di Pengadilan Negeri Pinrang. Penelitian ini adalah penelitian empiris,Hasil penelitian menunjukkan bahwa penyelesaian sengketa fasilitas kredit perbankan melalui gugatan sederhana dengan Nomor perkara 9/Pdt.G.S/2021/PN.Pin di PT. BANK MEGA.Tbk. Memilih jalan penyelesaian sengketa melalui jalur perdamaian. Pada paktiknya ketika debitur melakukan kredit macet pihak PT. BANK MEGA.Tbk, dapat melakukan eksekusi atas dasar kesepakatan. Eksekusi yang dilakukan dengan cara: Pertama, dilakukan dengan somasi sebanyak tiga kali. Kedua, eksekusi dilakukan secara langsung penjualan dibawah tangan atas benda yang menjadi objek jaminan tanpa melalui gugatan ke pengadilan negeri. Ketiga, eksekusi langsung lewat pelelangan umum dimana hasil pelelangan tersebut diambil untuk melunasi pembayaran piutang. Eksekusi langsung bisa dilakukan tanpa melibatkan pengadilan. Jika dengan cara penjualan dibawah tangan mencapai harga tertinggi yang menguntungkan para pihak, maka penyelesaian sengketa jaminan fidusia sudah relevan dengan aturan hukum yang berlaku.
Legal Protection for Indonesian Ship Crews in the Free Seas
This study aims to indentify and analyze the efforts of the Indonesian Government in providing protection to Indonesian crew members on the high seas and to identify and analyze the constraints faced by the Indonesian government in providing protection to Indonesian crew members on the high seas. This type of research is normative legal research because it operates simultaneously on legal principles, legal norms, rules of legislation, and doctrine. By researching library materials that use the object of the study in the form of existing libraries, both sourced from books, magazinez, and regulations that have a correlation to the discussion of the problem, so this writing is also library research. The results of this study indicate that the laws and regulations overlap between one regulation and another, causing legal uncertainly which results in protection for crew members which is difficult to guarantee. Abstrak Penelitian ini bertujuan untuk mengetahui dan menganalisis Upaya Pemerintah Indonesia dalam memberikan perlindungan kepada Anak Buah Kapal Indonesia di laut bebas dan untuk mengetahui dan menganalisis Kendala-kendala yang dihadapi oleh Pemerintah Indonesia dalam pemberian perlindungan terhadap Anak Buah Kapal Indonesia di laut bebas. Jenis Penelitian ini adalah penelitian hukum normatif karena dengan mengoperasikan secara bersamaan asas-asas hukum, norma hukum, kaidah dari perundang-undangan, dan doktrin. Dengan cara meneliti bahan pustaka yang menggunakan objek kajian berupa pustaka yang ada, baik bersumber dari buku, majalah, dan peraturan-peraturan yang memiliki korelasi terhadap pembahasan masalah, sehingga penulisan ini juga bersifat penelitian pustaka (Library Research). Hasil penelitian ini menunjukkan bahwa peraturan perundang-undangan mengalami tumpang tindih antara peraturan yang satu dengan yang lainnya sehingga menimbulkan ketidakpastian hukum yang berakibat kepada perlindungan bagi anak buah kapal yang sulit untuk dijamin.
Criminological Review of the Phenomenon of Cyberbullying
This study aims to determine the factors causing the occurrence of Cyberbullying crime in Makassar City and the efforts of law enforcement officers in tackling Cyber Crime in Makassar City. This study uses empirical methods. The location of the study was carried out in Polda South Sulawesi. The types and sources of data used are primary data and secondary data with data collection techniques, namely field research and literature research. The data obtained will be analyzed to produce conclusions and proposed descriptively qualitative and present clear data from the results of research conducted by the author. The results of this study indicate that the factors that influence cyberbullying in Makassar Information and communication technology such as mobile phones, video cameras, e-mail, and the web that can post or send disturbing, threatening, and humiliating messages that are intended to hurt others.so that anticipatory efforts are needed against cyberbullying, especially in the city of Makassar, therefore, comprehensive measures are needed to stem the level of cyberbullying cases in Makassar City through coordination of law enforcement authorities and community synergy. The author also includes suggestions as follows the establishment of the Criminal Code Bill is expected to formulate explicitly about the existence of bullying in cyberspace by including elements of repetitive or continuous behavior, attack and imbalance of power in the formulation of criminal acts, because the act of bullying in cyberspace is an act that can not be underestimated given the increasing dependence of society on online communication media. It is necessary to socialize to the general public about the dangers and consequences of cyberbullying and how to anticipate the influence of cyberbullying in using social media wisely and responsibly. Abstrak Penelitian ini bertujuan untuk mengetahui faktor-faktor penyebab terjadinya kejahatan Cyberbullying di Kota Makassar dan upaya aparat penegak hukum dalam menanggulangi kejahatan Cyber di Kota Makassar. Penelitian ini menggunakan metode empiris. Lokasi penelitian dilakukan di Polda Sulawesi Selatan. Hasil penelitian ini menunjukkan bahwa faktor-faktor yang mempengaruhi cyberbullying dalam Teknologi Informasi dan komunikasi Kota Makassar seperti ponsel, kamera video, e-mail dan web yang dapat memposting atau mengirim pesan yang mengganggu, mengancam dan memalukan yang dimaksudkan untuk menyakiti untuk itu diperlukan upaya antisipatif terhadap cyberbullying khususnya di Kota Makassar. Oleh karena itu diperlukan langkah-langkah komprehensif untuk membendung tingkat kasus cyberbullying di Kota Makassar melalui koordinasi aparat penegak hukum dan sinergi masyarakat. Pembentukan RUU KUHP diharapkan merumuskan secara tegas mengenai adanya intimidasi di dunia maya dengan mencakup unsur-unsur adanya perilaku berulang atau terus menerus, menyerang dan ketidakseimbangan kekuasaan dalam perumusan tindak pidananya, karena perbuatan intimidasi di dunia maya merupakan perbuatan yang tidak dapat dianggap remeh mengingat semakin bergantungnya masyarakat akan media komunikasi online. Sehingga, diperlukan sosialisasi terhadap masyarakat awam tentang bahaya dan akibat dari cyberbullying dan cara mengantisipasi pengaruh cyberbullying dalam menggunakan media sosial secara bijak dan bertanggung jawab.
Law Enforcement in Child Fighting Crimes That Result in Death
This study aims to find out and analyze how law enforcement against child fighting crimes that result in death and to find out and analyze what causes law enforcement to criminal acts of child fights that result in death. This study uses empirical normative research methods. The results of this study indicate that various law enforcement efforts have been carried out by the Takalar Resort Police apparatus in preventing and eradicating the Crime of Child Fights That Cause Death, starting from preventive and repressive efforts and as for the causes of inhibition of law enforcement against the Crime of Child Fights that Cause Death at the Resort. Takalar Police can be seen from three aspects, namely; components of structure, legal substance and legal culture. The recommendations of this research are expected to parents especially those with teenage children to be more familiar with the association and environment in which children interact on a daily basis. Parents must control their children more at least by maintaining worship and providing understanding about religion to children from an early age and socializing to avoid evil deeds and it is hoped that law enforcers, especially Takalar Resort officers must be more active in conducting patrols and raids in places which is prone to crime, the police and local government should conduct socialization more often in an environment that is prone to brawls, especially socialization to children because children are very vulnerable to bad associations. Abstrak Penelitian ini bertujuan untuk mengetahui dan menganalisis bagaimana penegakan hukum terhadap tindak pidana perkelahian anak yang mengakibatkan kematian serta unyukmengetahui dan menganalisi apa sebab penghambat penegakan hukum terhadap tindak pidana perkelahian anak yang mengakibatkan kematian. Penelitian ini menggunakan metode penelitian normatif empiris. Hasil penelitian ini menunjukkan bahwa berbagai upaya penegakan hukum telah dilakukan oleh aparat Resort Polres Takalar dalam mencegah dan memberantas Tindak Pidana Perkelahian Anak yang Mengakibatkan Kematian mulai dari upaya preventif maupun upaya represif dan adapun sebab penghambat penegakan hukum Terhadap Tindak Pidana Perkelahian Anak yang Mengakibatkan Kematian di Resort Polres Takalar dapat dilihat dari tiga aspek yaitu; komponen struktur, subtansi hukum dan budaya hukum. Rekomendasi penelitian ini adalah diharapkan kepada orangtua terkhusus yang memiliki anak remaja agar lebih memperhatikan pergaulan dan lingkungan dimana anak berinteraksi sehari-hari. Para orang tua harus lebih mengontrol lagi anak mereka setidaknya dengan menjaga ibadah dan memberikan pemahaman tentang agama kepada anak sedari dini dan diberikan batasan pergaulan untuk menghindari anak dari perbuatan jahat serta diharapkan kepada penegak hukum khususnya aparat Resort Polres Takalar harus lebih giat lagi melakukan patroli dan razia di tempat-tempat yang rawan terjadi suatu kriminalitas, pihak kepolisian serta pemerintahan setempat harus lebih sering lagi melakukan sosialisasi di lingkungan yang rawan terjadi tawuran, khususnya sosialisasi kepada anak karena anak sangat rentan terbawa ke pergaulan yang buruk.
Legal Protection for Child Victims of Crime Sexual
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.
Copyright (c) 2025 Nanda Sahrani, Ilham Abbas, Hardianto Djanggih
Accountability Criminal Fines in the Perspective of Indonesian Criminal Law
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
Copyright (c) 2025 Sinar Indah Cahyaningsih, Tri Abriana Ma'ruf , Mohammad Arif
A Criminological Review of Online Fraud Crimes
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.
Copyright (c) 2025 Mohammad Fauzan Rafiqi Amran, Asriati Asriati, Asdar Arti
Legal Protection for Victims of Crime Criminal Fraud Through Social Media
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.
Copyright (c) 2025 Auliya Yusuf, Zainuddin Zainuddin, Mirnawanti Wahab
Legal Consequences for Perpetrators of Online Fraud Crimes on Electronic Social Media.
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.
Copyright (c) 2025 Andien Mutiara Zahra, Mulyati Pawennai, Muhammad Faisal
Comparative Legal Analysis of the Death Penalty Law
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.
Copyright (c) 2025 Zarda Alfia Hani, Hambali Thalib, Sutiawati Sutiawati