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Journal : Jurnal Ilmu Sosial, Humaniora dan Seni

Upaya Kepolisian Dalam Penegakan Hukum Terhadap Pelaku Tindak Pidana Tabrak Lari Di Kota Gorontalo Abdul Rahman Karim; Dian Ekawaty Ismail; Suwitno Y. Imran
Jurnal Ilmu Sosial, Humaniora dan Seni Vol. 1 No. 2 (2023): Januari - Maret
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (121.865 KB) | DOI: 10.47233/jishs.v1i2.702

Abstract

The increasing number of motorized vehicles every year which is not matched by road facilities and human negligence often results in traffic accidents. A traffic accident where the perpetrator is irresponsible, by leaving the victim alone without stopping the vehicle, and not providing assistance is called a hit and run. The crime of hit and run is a problem that needs to be addressed because it is an immoral act and harms other people. This study aims to find out and analyze what are the factors that cause a lot of hit-and-runs in Gorontalo City and the efforts of the police in enforcing the law against the perpetrators of hit-and-run crimes in Gorontalo City. The type of research used is empirical juridical. This research is descriptive in nature. The location of this research is the police who have the authority to enforce the law against hit-and-run crimes, namely the Gorontalo City Police Traffic Unit Accident Unit. There are 2 factors causing hit-and-run crimes in the City Region of Gorontalo City, namely individual / personal factors caused by the negligence of the vehicle driver accompanied by a lack of legal awareness of the person himself. Furthermore, situational factors/conditions due to quiet road conditions, not many witnesses, so that it is possible for the perpetrators to escape from their responsibilities and forced circumstances which can threaten the safety of the perpetrators from the tantrums of the masses and the condition of the driver who is powerless to provide assistance.
Pertanggung Jawaban Pelaku Pidana Penipuan Online Muhammad Fadlan Ali; Suwitno Y. Imran; Vifi Swarianata
Jurnal Ilmu Sosial, Humaniora dan Seni Vol. 1 No. 3 (2023): April - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47233/jishs.v1i3.821

Abstract

Abstract The purpose of this research is 1) To determine and analyze the accountability for criminals of online fraud and criminal of conventional fraud which set in the Code of Criminal Law 2) To determine and analyze the juridical consequences of Article 28 paragraph (1 ) of the Code of Information and Electronic Transactions Article 378 of the Code of Penal, as well as providing insight into the crime of online fraud that uses the internet as the main medium. The result of study is the Article 378 of the Code of Criminal Law concerning criminal fraud can not be used to punish the online fraud criminals, there are obstacles in the way to punish the criminal sanctions on criminals such as limitation of the proof which limited by the Code of Criminal Procedure (Criminal Code) and jurisdiction. Given the shortcomings in the Criminal Code, Article 28 paragraph (1) juncto Article 45 paragraph (2) of Law No. 8 of 2011 on information and electronic transactions can be used to charge the criminals to take account for his actions in the case of criminal fraud online, because Article 28 paragraph (1) of the Act ITE is Lex Specialis of Article 378 which is Lex Generalis. Juridical consequences of using Article 28 paragraph (1) Code of Information and Electronic Transactions against Article 378 of the Code of Criminal Law on online fraud is both of article in a two code laws that override and exclude each other.