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
Catching the Perpetrators of Dangerous Cosmetics: Between Intention and Absolute Responsibility
The circulation of illegal cosmetics containing hazardous substances represents a serious issue that not only threatens public health but also reflects the inadequacy of criminal liability enforcement against business actors. This study aims to analyze the regulatory framework governing criminal liability for illegal cosmetic business actors and to examine the elements of criminal responsibility in judicial practice. This research employs a normative juridical method with statutory, conceptual, and case approaches. The novelty of this study lies in integrating classical criminal liability concepts with strict liability principles within the modern consumer protection framework. The findings reveal that although the criminal regulatory framework is comprehensive and layered, its implementation still faces challenges, particularly in proving fault elements and ensuring effective law enforcement. Judicial practices also demonstrate a tendency to apply the lex specialis principle and implicitly recognize strict liability to enhance consumer protection. This study concludes that strengthening a consumer-oriented criminal liability paradigm and improving institutional coordination are essential to suppress the proliferation of hazardous illegal cosmetics.
Copyright (c) 2026 Darmawanto Darmawanto, Muhammad Rinaldy Bima, Muhammad Fauzi Ramadhan https://creativecommons.org/licenses/by-sa/4.0
When the Law is Blunt to the Perpetrator: A Critique of the Criminal Provisions for Physical Violence against Wives and the Weak Protection of Victims
This study aims to analyze the criminal law provisions governing the crime of physical violence against wives within the household and to assess the extent to which legal protection for victims has been implemented from a victim-oriented perspective. The research method used is normative juridical legal research with statutory and conceptual approaches. The legal materials used consist of primary, secondary, and tertiary legal materials, which are analyzed using a qualitative descriptive method. The results of the study indicate that the criminal law provisions in Indonesia regulating physical violence against wives in the household are stipulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence, which provides special protection for victims and establishes criminal sanctions for perpetrators of violence. Legal protection for victims of physical violence against wives in the household is carried out through preventive and repressive measures. Preventive protection is implemented by strengthening social networks, understanding local cultural wisdom and religious values, and reinforcing the economic foundations of the family. Meanwhile, repressive protection is provided through temporary protection and protection based on court orders. This study recommends that the government and law enforcement officials optimize the implementation of criminal provisions stipulated in legislation, particularly by strengthening victim protection mechanisms, legal assistance, and psychological and social recovery. In addition, increased coordination among relevant institutions, legal awareness campaigns for the community, and more effective supervision in the law enforcement process are needed to ensure that victims receive maximum protection and that perpetrators receive sanctions that create a deterrent effect.
Copyright (c) 2026 Ardelia Rahmadani, Sutiawati Sutiawati, Muhammad Adnan Lira https://creativecommons.org/licenses/by-sa/4.0
Artificial Intelligence and the Data Protection Crisis: When the Absent State Faces the Threat of Personal Data Abuse
This study aims to find out and analyze the adequacy of laws and regulations in Indonesia in regulating the use of artificial intelligence technology (Artificial Intelligence) that accesses and processes people's personal data. And knowing and formulating the necessary legal remedies to close the regulatory gap for the prevention of the misuse of artificial intelligence (A.I.) on personal data.This research is a normative law research with a legislative and conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed prescriptively to explain the applicable legal provisions and provide normative arguments and recommendations. The results of this study indicate that laws and regulations in Indonesia do not specifically regulate the use of Artificial Intelligence that accesses people's personal data. Although the Personal Data Protection Law has provided a legal basis, there is no specific regulation that regulates the characteristics of AI, so the existing regulations are not fully adequate. As well as the legal measures needed to close the regulatory gap to prevent the misuse of personal data, namely, the establishment of the Artificial Intelligence Law, the strengthening and harmonization of existing laws and regulations, the improvement of digital forensic technology, the strengthening of transparency and accountability obligations of AI system operators. As well as strengthening the supervision and law enforcement mechanism
Copyright (c) 2026 Afdal Mubarak, Andi Sri Amlinawaty Muin, Yuli Adha Hamzah https://creativecommons.org/licenses/by-sa/4.0
Cyberlaundering sebagai Evolusi Pencucian Uang: Keterbatasan Konsep Pertanggungjawaban Pidana di Era Digital
This study aims to analyze the legal regulation of money laundering through digital technology (cyberlaundering) in the Indonesian legal system, as well as the forms and basis of criminal liability for perpetrators. This study uses a normative legal research method with a legislative, conceptual, case, and comparative approach. The legal materials used include primary, secondary, and tertiary legal materials obtained through literature and documentation studies, which are then analyzed qualitatively to interpret legal norms related to cyberlaundering. The results of the study show that cyberlaundering is not specifically regulated in any single regulation, but can be prosecuted under criminal provisions on money laundering and technology-neutral electronic transaction regulations. The Financial Transaction Reports and Analysis Center plays an important role in detecting suspicious digital-based financial transactions. Criminal liability can be imposed on individuals and corporations with the support of electronic evidence. However, there are still weaknesses related to the classification of digital assets, procedures for seizing virtual assets, and the regulation of technological entities such as smart contracts and DAOs, so legal reforms that are more adaptive to developments in digital technology are needed.
Copyright (c) 2026 Muhammad Imam Fakhri, Muhammad Kamal Hidjaz, Andi Istiqlaal Assaad https://creativecommons.org/licenses/by-sa/4.0
Impoverishing Corruptors or Just a Slogan? The Disparity in Asset Confiscation Policies Between Indonesia and Singapore
This study aims to analyze and compare criminal law policies related to the confiscation of assets resulting from corruption in Indonesia and Singapore, and to identify obstacles and solutions that can be implemented in Indonesia. The method used is normative legal research with a comparative approach, through a review of laws and regulations, doctrines, and legal practices in both countries. The results of the study indicate that Indonesia still faces a legal vacuum because it does not yet have a comprehensive Non-Conviction Based (NCB) Asset Forfeiture regulation, in contrast to Singapore, which has implemented it effectively through the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (CDSA) since 1992. In addition, there are four main obstacles in Indonesia, namely the non-passage of the Asset Forfeiture Bill, the absence of a mechanism for reversing the burden of proof, regulatory fragmentation, and weak coordination between law enforcement agencies. Based on these findings, this study recommends accelerating the ratification of the Asset Forfeiture Bill, harmonizing regulations, strengthening institutional independence, and adapting best practices from Singapore into the national legal system
Copyright (c) 2026 Andi Reski Tenripada Mannan, Muhammad Fachri Said, Moch Andry Wikra Wardhana Mamonto https://creativecommons.org/licenses/by-sa/4.0
When Veto Power Defeats Humanity: The United States' Role in Blocking the Palestinian Resolution at the UN
This study aims to analyze the use of the United States veto power as an obstacle to the adoption of humanitarian resolutions concerning Palestine and to examine its implications for the effectiveness of the collective security system in international law. The research employs a normative legal method using conceptual and case approaches through library research of official documents and relevant scholarly literature. The novelty of this study lies in positioning the veto power as a structural barrier within international decision-making mechanisms rather than merely a foreign policy instrument. The findings reveal that the consistent use of veto in the Palestine issue has hindered the adoption of binding resolutions, weakened collective political pressure, and limited the effectiveness of civilian protection in situations of armed conflict. This condition creates tension between the formal legitimacy of the veto mechanism and the normative objective of humanitarian protection in the international system. The study concludes that the dominance of political interests in the use of veto contributes to a gap between international legal norms and their implementation, thereby requiring stronger global commitment to prioritize humanitarian protection in international decision-making processes.
Copyright (c) 2026 Bayu wijaya, Satrih Hasyim, Arfah Tjolleng https://creativecommons.org/licenses/by-sa/4.0
The People's Voice is Manipulated through Election Vote Counting: Indications of Structured Fraud and Its Impact on Democratic Integrity
Vote-count manipulation is an electoral crime that can undermine the legitimacy of election results and reduce public trust in democratic processes. This study aimed to analyze the legal framework governing the criminal offense of vote-count fraud in general elections in Indonesia, to examine the mechanisms for handling and enforcing the law against such violations, and to assess the application of criminal sanctions under the applicable laws and regulations. This research used a normative legal method with a statutory approach and examined relevant legislation, legal principles. The study found that manipulation of vote-count results was explicitly prohibited and subject to criminal sanctions under Indonesian electoral laws. The enforcement mechanism for electoral crimes was carried out through the Integrated Law Enforcement Center (Sentra Gakkumdu), which integrated the roles of the Election Supervisory Body (Bawaslu), the Police, and the Prosecutor’s Office to ensure effective enforcement and legal certainty in handling electoral criminal cases. This study concludes that strengthening the professionalism and integrity of law enforcement officials is essential to prevent and effectively address vote-count fraud in elections, thereby safeguarding democratic legitimacy and public trust in the electoral system.
Copyright (c) 2026 Astrid Ramadhany, Muhammad Arsy, Imran Eka Saputra https://creativecommons.org/licenses/by-sa/4.0
Between Jokes and Crime: A Legal Perspective on Catcalling in Public Spaces
This study aims to analyze the legal provisions for verbal harassment (catcalling) as a form of sexual harassment in public spaces and to examine the urgency of legal protection for victims in Indonesia. This study uses a normative legal research method with an emphasis on the study of applicable legal norms, principles, and principles, through a literature review covering primary, secondary, and tertiary legal materials, which are then analyzed qualitatively to find a match between the construction of norms and the reality of victim protection. The renewal of this study lies in the emphasis on strengthening the victim's perspective in reading the phenomenon of catcalling as a violation of human dignity and the right to feel safe in public spaces, while also testing the effectiveness of existing legal regulations in responding to contemporary social dynamics. The results of this study indicate that catcalling is a form of verbal sexual harassment that has real psychological and social impacts, and has received stronger legal recognition, although in practice it still faces obstacles in terms of proof, the capacity of officials, and cultural normalization in society. The conclusion of this study confirms that legal protection for victims is not yet fully optimal and requires strengthened implementation, consistent law enforcement, and a victim-sensitive approach. This study recommends consistent law enforcement with a victim-centered approach, along with public education, increased collective awareness of the need to reject catcalling, and further studies on the effectiveness of its implementation in practice.
Copyright (c) 2026 Nur Rahmawaty Idrus, Askari Razak, Syamsul Alam https://creativecommons.org/licenses/by-sa/4.0
Online Gambling Never Dies Down: How Effective is the South Sulawesi Regional Police's Cyber ​​SubDirectorate
This study aims to determine the effectiveness of the South Sulawesi Regional Police Cyber Sub-Directorate in combating online gambling crimes and the factors that influence it. In this study, an analysis of the normative aspects of legislation and an evaluation of its implementation in the field were conducted as a basis for formulating answers to the issues under review. This study uses an empirical legal research method, with the research location at the South Sulawesi Regional Police Cyber Sub-Directorate. The results show that the South Sulawesi Regional Police Cyber Subdirectorate's efforts to combat online gambling crimes are still ineffective, as evidenced by the increase in the number of cases over the past four years. This is influenced by the limited authority and capacity of investigators, lack of budgetary support, economic factors within the community, and low public awareness of the laws regarding online gambling. Based on these findings, this study recommends that the Cyber Subdirectorate increase preventive efforts through continuous legal socialization to the community, as well as increased cross-sector coordination in cyber patrols and blocking online gambling sites. In addition, internal policies are needed as a basis for evidence, increased investigator capacity through continuous training, and government support in providing adequate facilities, infrastructure, and budget to support law enforcement.
Copyright (c) 2026 Sri Resky Rannu Jamal, Mursyid Mursyid, Rizki Ramadani https://creativecommons.org/licenses/by-sa/4.0
Testing the Constitutional Legitimacy of the Indonesian Capital City: A Historical and Comparative Analysis with the Putrajaya Model in Malaysia
This study aims to review the development of the Indonesian Capital City (Ibu Kota Nusantara/IKN) within the framework of constitutional law from a historical and comparative perspective with Putrajaya, Malaysia. Using a normative legal research method with statutory, historical, and comparative approaches, this study analyzes the historical formation of the capital city relocation policy and compares the IKN with Putrajaya. The results indicate that the idea of relocating Indonesia's capital city has existed since the Soekarno era, formally realized through Law Number 3 of 2022 on the National Capital City. The relocation is driven by factors such as overpopulation, land subsidence, environmental degradation, and regional development inequality. A comparative study between IKN and Putrajaya reveals that although both share the goal of administrative efficiency, Putrajaya emphasizes modernization of administrative functions within a compact planned city, while IKN envisions a broader purpose as a green, sustainable, and politically representative capital that symbolizes national culture and identity. IKN is designed with 70% green space, renewable energy use, and a phased development plan through 2045. This study recommends that IKN development be carried out sustainably with increased transparency, public participation, and adoption of best practices from global urban planning.
Copyright (c) 2026 Andi Nur Atika Azizah, Muhammad Ya'rif Arifin, Farah Syah Reza https://creativecommons.org/licenses/by-sa/4.0
Law Enforcement of Forest Protection by Forest Police of Tellu Limpoe Resort, Cenrana Forest Management Unit, Bone Regency
This study aims to examine in depth the law enforcement efforts carried out by the Forest Police in the Tellu Limpoe Resort, Cenrana Forest Management Unit, Bone Regency, and to analyze the factors that influence the effectiveness of these efforts. The research method used was an empirical approach by examining the reality in the field through interviews, observations, and official data studies. The research location was chosen because of the high rate of forest destruction, which indicates the urgency of strengthening forestry law enforcement. The results of the study show that the Forest Police carry out a number of important efforts, including patrolling forest areas, checking documents related to the distribution of forest products, receiving reports of violations, collecting information and evidence, and making temporary arrests in cases of caught in the act. These efforts contribute significantly to preventing and combating forestry crimes. To overcome the various obstacles that exist, it is necessary to increase human resource capacity, provide adequate facilities and infrastructure, and procure special Civil Servant Investigators (PPNS) in the forestry sector to strengthen the investigation process of forestry crimes, especially illegal logging, so that forest protection can be carried out optimally and sustainably.
Copyright (c) 2026 Andi Alif Rama Tadampali, Hardianto Djanggih, Andi Tenri Sapada https://creativecommons.org/licenses/by-sa/4.0
Criminalizing Blasphemy in the Digital Era: A Duel of Norms between the Criminal Code and the ITE Law
This study aims to determine how the qualifications of the crime of blasphemy in the perspective of the criminal code and the law on information and electronic transactions. This study uses the research method used is the normative method, namely a legal research method that is sourced from regulatory and secondary document data in the form of collection from library and tertiary materials which are documents containing concepts and information such as dictionaries. The results of this study indicate that there are several qualifying elements if someone is caught in a case of blasphemy in the criminal code and the law on information and electronic transactions. In this case, the perpetrators who are included in the act of blasphemy are in Article 300 to Article 305 of the Criminal Code and Article 28 paragraph 2 of the law on information and electronic transactions which discusses the act of blasphemy. This research recommendation states that there is a need for effectiveness in the criminal code and the law on information and electronic transactions in determining punishment for someone who commits the crime of blasphemy because there are many acts of blasphemy in the community but there is not much movement from the authorities in dealing with the crime of blasphemy, therefore religious scholars and law enforcers need to take firm action in anticipating acts of blasphemy.
Copyright (c) 2025 Muhammad Mustadhzam, Airlangga Putera, Muhammad Zulkifli Muhdar https://creativecommons.org/licenses/by-sa/4.0
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
Criminal Act of Misuse of Patient Medical Data Against Health Insurance
This study This study aims to analyze the criminal misuse of patient medical data in the context of health insurance in Indonesia, which is a crucial issue in protecting individual privacy rights. In practice, misuse of medical data is not uncommon, both directly and indirectly, which can harm patients physically, psychologically, and financially. This study uses a normative juridical approach by examining the applicable legal framework, combined with case studies as an empirical approach to assess how the law is implemented in the field. The results show that although a legal framework governing medical data protection exists, its implementation still faces various challenges, such as weak oversight, low legal literacy among data holders, and the absence of a firm and effective sanction mechanism. This study provides several strategic recommendations to strengthen legal protection for patient medical data, including through regulatory harmonization, increased oversight, education for stakeholders, and the establishment of an independent supervisory body authorized to protect personal data in the health and insurance sectors.
Copyright (c) 2026 Sukaina Aziilah, Hasbuddin Khalid, Tri Abriana Ma'ruf https://creativecommons.org/licenses/by-sa/4.0
Uncovering the Truth Through Post-mortem: A Normative Analysis of Murder Victim Autopsies
This research aims to analyze the legal procedures for conducting post-mortems on murder victims in Indonesia and to determine the implications of post-mortems on human rights, particularly the rights of victims and their families, during the investigation of murder crimes. The research, entitled "Normative Analysis of Post-mortems on Murder Victims," utilizes a normative legal research method. This method emphasizes the analysis of statutory regulations, legal doctrine, and various related legal literature. Forensic autopsies play a crucial role in the criminal law evidentiary system, particularly in murder cases. They serve as a tool to determine the legitimate and objective cause of death and contribute significantly to the development of post mortem examinations (visum et repertum) as legally recognized evidence. Normatively, the procedure for post-mortem examinations has a clear legal basis, regulated by the Criminal Procedure Code (KUHAP), the Health Law, and other relevant regulations. Autopsies may be performed without the family's consent for law enforcement purposes, but must still be conducted with respect for human rights, cultural values, and professional ethics.
Copyright (c) 2025 Juswanto ade setiawan Sanusi 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