Al-Ishlah: Jurnal Ilmiah Hukum

The Responsibility of Natural Resources Conservation Center in Preventing Encroachment of Conservation Forest Areas in East Nusa Tenggara

Ellon Belwan Cornelius Mau — 2024-03-17

This research aims to examine the relationship between the increase in encroachment on conservation forests and the classification of forests based on their ownership status, as well as assess the East Nusa Tenggara BBKSDA's responsibility in addressing conservation forest encroachment. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that land ownership claims, boundary disputes, and a lack of community understanding regarding conservation forest status are the primary causes of encroachment. Although the East Nusa Tenggara BBKSDA has taken various proactive steps to address conservation forest encroachment, the issue has not yet been fundamentally resolved. Therefore, it is recommended that the Local Government and East Nusa Tenggara BBKSDA take concrete measures to tackle the ambiguity of land ownership status, which is one of the root problems of conservation forest encroachment. These measures could begin with reviewing and updating data related to land boundaries and ownership status, followed by mediation between the government and the community to resolve border disputes fairly and transparently. Furthermore, it is essential for traditional institutions and local communities to actively participate in this process actively, utilizing local knowledge and traditions in determining fair and mutually recognized land boundaries. The Local Government and BBKSDA must also enhance efforts to socialize and educate the community about the importance of conservation forests, including the long-term benefits of forest conservation for environmental sustainability and the local economy. These efforts should be carried out through effective communication appropriate to the local cultural context so that the community can accept and value the importance of conservation forests.

Challenges of Hybrid Policing in Countering Online Fraud Networks: A Case Study from Sidrap Regency

I. G. N. Adi Suarmita — 2024-03-17

This research aims to examine the concept of hybrid policing in the context of crime prevention, specifically cyber fraud in Sidrap Regency. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that the characteristics of cyber fraud in Sidrap Regency exhibit anonymity and disregard for geographical boundaries, with the primary motivation of the perpetrators being personal gain. They employ fake identities and compromised devices to execute their schemes, exacerbated by technological advancements, the public’s lack of awareness, and existing regulatory gaps. Therefore, it is recommended that the POLRI renew and adapt their policing model to be more responsive to the dynamics of cybercrime by implementing a hybrid policing approach. This involves active collaboration with community organizations in prevention efforts, which are expected to increase public awareness and strengthen the cyber security network. Additionally, developing an effective knowledge management system is advised, facilitating the exchange of information and strategies for handling cybercrime cases more efficiently. For researchers, it is crucial to examine further the social and psychological impacts of cybercrime on victims, which can contribute to forming a theoretical and practical foundation for a more holistic and victim-oriented approach to preventing and handling cybercrime in Sidrap Regency.

Obligations Arising from Contracts and Laws and Their Relationship with Authentic Deeds

Hana Marty Dongoran — 2024-03-20

This study aims to delve deeper into the dynamics between obligations arising from contracts and laws and the role of authentic deeds, as well as to explore the implications of the legal force inherent in each element in establishing and maintaining an obligation. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that legal obligations can be formed through various mechanisms, including contracts, laws, and authentic deeds. A contract, which can be either a written or oral agreement, creates a legal bond between the parties, with its legal force depending on the fulfilment of established legality conditions. Laws, as regulations made by the government, establish rights and obligations that are generally applicable and binding for all citizens, including in the context of legal obligations. Meanwhile, an authentic deed created by a notary offers a higher level of legal certainty than ordinary contracts due to its inherent evidentiary power and legal recognition. Therefore, it is recommended that parties in an obligation carefully consider the type of agreement to use in line with the complexity and legal needs of the obligation. Written or oral contracts may suffice for simple transactions or agreements, which meet all required legality conditions. However, for more complex obligations or those requiring high legal certainty, such as property transactions or significant business agreements, it is highly advisable to use an authentic deed prepared and authenticated by a notary. Choosing the appropriate obligation mechanism will ensure the legality and legal force of the agreement and provide better protection for all involved parties against potential disputes in the future.

Crimes of Conspiracy and Assistance in Terrorism

Folman P. Ambarita — 2024-03-21

This study aims to understand the application of material criminal law to the crime of conspiracy and assistance to commit terrorism. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the definition of criminal conspiracy in Article 88 of the Penal Code encompasses an agreement between two or more individuals to commit a crime. Initial discussions not directly related to crime planning do not fall within the category of a malicious conspiracy. Furthermore, concerning the crime of terrorism, material criminal law does not differentiate between the roles of conspirators, assistants, and main perpetrators in terrorism. Consequently, an agreement to commit a terrorist crime made by two or more individuals already fulfils the element of criminal conspiracy. In this context, conspirators and terrorism assistants can be prosecuted according to Government Regulation in Lieu of Law Number 1 of 2002, even if the planned terrorist act has not been executed. Therefore, it is recommended for law enforcers, including POLRI, Prosecutors, and Judges, to pay close attention to the nuances of the criminal conspiracy definition according to the Penal Code and Government Regulation in Lieu of Law Number 1 of 2002 in the eradication of criminal acts of terrorism. It is crucial to distinguish between initial discussions that do not indicate preparation for a criminal act and explicit agreements to commit a terrorist crime. Law enforcers must apply a thorough understanding of how material criminal law classifies conspirators, assistants, and main perpetrators without distinction in terrorism cases. Thus, fair and accurate handling of individuals planning terrorist crimes can be realized while upholding the principles of justice and proportionality in law enforcement.

Optimization of Consumer Protection and Increase of Virtual Currency Trading in Indonesia: A Study on Financial Services Authority Regulation

Dian Ekawati — 2024-04-09

This study aims to normatively analyze OJK Regulation Number 3 of 2024, focusing on consumer protection in the context of the increasing trade in virtual currency in Indonesia. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that OJK Regulation Number 3 of 2024 is crucial in optimizing consumer protection and increasing virtual currency trading in Indonesia. Through the general provisions in OJK Regulation Number 3 of 2024, which cover consumer protection and the sandbox mechanism, the regulation supports responsible testing and development of FinTech innovations. The practical implementation of OJK Regulation Number 3 of 2024, emphasizing personal data protection and transparency, adds a layer of consumer protection. Overall, OJK Regulation Number 3 of 2024 creates an environment conducive to safe and regulated virtual currency trading, enhancing investor and consumer confidence in the Indonesian FinTech ecosystem. Therefore, it is recommended that the government and OJK, FinTech innovators and virtual currency traders, as well as consumers and investors, take strategic steps to enhance consumer protection and optimize virtual currency trading in Indonesia. The Government and OJK need to ensure the effective implementation of OJK Regulation Number 3 of 2024 through widespread socialization, strict supervision, and firm law enforcement against violations. FinTech innovators and virtual currency traders should develop robust risk management systems, enhance operational transparency, and ensure compliance with personal data protection provisions. Consumers and investors are advised to improve their digital financial literacy, critically assess investment risks, and interact only with platforms and service providers that have been verified and comply with OJK regulations. The collaboration between regulators, the industry, and the community will create a safer, more transparent, and sustainable virtual currency trading ecosystem, supporting the growth of the FinTech sector in Indonesia while minimizing potential risks for consumers and investors.