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Suwarti Suwarti

Universitas Khairun

Author-ID : 5931268

Chemistry Environmental Science Immunology & microbiology Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Social Sciences

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Analysis of Imprisonment Implementation against the Perpetrators of the Cybercrimes Syamsuddin Ishak; Faissal Malik; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze the application of criminal sanctions to Law Number 11 of 2008 Jo. Law Number 19 of 2016 in the criminal act of defamation or insult decision Number 30/Pid.Sus/2020/PN Tte, and what is the purpose of the threat of imprisonment in the criminal act of mayantara or cyber crime decision Number 30/Pid.Sus/2020/PN Tte about defamation. The research method used in this studyconduct research that is analytical descriptive by using normative legal research or normative juridical. Analytical descriptive legal research is a method that functions to describe or give an overview of the object under study through data or samples that have been collected as they are without conducting analysis and making general conclusions. In other words, analytical descriptive research takes problems or focuses attention on problems as they were when the research was carried out, the results of the research were then processed and analyzed to draw conclusions. The results of this study indicate thatApplication of criminal sanctions by the Panel of Judges for the criminal act of mayantara Decision Number 30/Pid.Sus/2020/PN Tte. regarding Defamation or insult on social media refers to Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of Law Number 11 of 2008 jo. Law number 19 of 2016 concerning ITE with the threat of imprisonment for 5 (five) years and 6 (six) months and a fine of Rp. 100,000,000.00 (one hundred million rupiah) if the fine cannot be paid by the Defendant, it is replaced by imprisonment for 3 (three) months. However, the Panel of Judges in its Consideration stated that the defendant alias Damrin was legally and convincingly guilty of also committing an act that had a charge that violated decency. The aim of imposing imprisonment on perpetrators of criminal defamation through electronic media is as retaliation for disgraceful acts, as a form of overcoming criminal acts to protect society and to create a deterrent effect on perpetrators. This goal is heavily influenced by criminal philosophies in criminal law.

Legal Accountability of Regional Company Management for Regional Capital Investment in PT. Aman Mandiri Masrida Masrida; Husen Alting; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze the effectiveness of regional companies PT. Bahari Aman Mandiri Kota Tidore Islands in the implementation of local government in the era of regional autonomy, and How is legal responsibility for losses incurred by regional companies PT. The research method used in this study is a type of empirical legal research, namely research that looks at the application of laws and regulations in society. The research carried out includes the type of field qualitative research (field research), which is research that emphasizes the completeness of the data collected, namely in the form of primary and skunder data. The results of this study show that the effectiveness of regional companies PT. Bahari Aman Mandiri Tidore Islands City In the implementation of local government in the era of regional autonomy, there are at least two fundamental reasons that are the subject of research that can be the basis that the ineffectiveness of regional companies PT. Bahari Aman Mandiri Kota Tidore Islands in the administration of local government.

Legal Liability of Illegal Online Loans in the Perspective of Criminal Law Vanti Y. Rolobessy; Faissal Malik; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze law enforcement of misuse of personal data related to illegal online loans (fintech) as a form of mayantara crime in a cyber perspective and examine the liability of illegal online loans (illegal fintech desk collectors) in a criminal law perspective. The research method used in this study is the type of research used in the research is normative legal research as a process to find the rule of law, legal principles, and legal doctrines to answer the legal issues faced. The scientific logic that in normative legal research is built on scientific discipline and the ways in which normative legal science works, that is, legal science whose object is law itself. The results of this study show that the enforcement of the Law on Misuse of Personal Data Related to Online Loans (Illegal Fintech) as a Form of Mayantara Crime in a Cyber Perspective is based on the reason that the rampant public activities on electronic media, the Electronic Transaction Information Law was born, namely Law Number 19 of 2016 on Law Number 11 of 2008 concerning Electronic Information and Transactions concerning Electronic Information and Transactions ( ITE) with Considerations can be found in the consideration section, especially in the "Considering" section which states that information globalization has placed Indonesia as part of the world information society so that it requires the establishment of regulations regarding the management of Information and Electronic Transactions at the national level so that the development of Information Technology can be carried out optimally, evenly, and spread to all levels of society in order to educate the nation's life.

Implementation of Imbalance in Food Purchase Transactions in the City of Tidore Tasqinnur Mansur; Wahda Z. Iman; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

The Position of Childless Widows as Heirs to Husband's Inheritance (Comparative Analysis of Islamic Law Compilation and Civil Inheritance Law) Sittihajar Muhammad; Suwarti Suwarti; Baharuddin HI
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Legal Analysis of Children as Victims of Sexual Violence Rini Angriani; Syawal Abdulajid; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze the factors that cause children to become victims of sexual violence committed by perpetrators of crimes and obstacles in providing legal protection for children as victims of sexual violence. The applied research method is normative legal research, leading to the identification of legal rules, principles, and doctrines in response to the legal problems faced. The scientific approach in this study is based on the disciplines and working principles of normative legal science, focusing on the analysis of law itself. The results of this study show that legal protection measures provided for victims of underage sexual relations and rape in the criminal justice system are carried out through preventive and repressive approaches, both by the community and the government (through law enforcement officials), such as providing protection/supervision from various threats that can endanger the lives of victims, providing adequate medical and legal assistance, examination and judicial process. This research has significant implications in identifying the triggering factors of sexual violence against children and challenges in their legal protection. The normative legal research approach not only provides insight into relevant legal aspects, but also explores legal principles and doctrines to formulate solutions to these problems.

Analysis of Interfaith Marriage Law in the Marriage Law and Law Number 23 of 2006 concerning Population Administration Perspective Idham Payapo; Wahda Z. Imam; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Fulfilment of Women Prisoners’ Rights (Case Study of Class II B Penitentiary in North Maluku) Sri Mardiana Joisangadji; Faissal Malik; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze the fulfillment of the special rights of female convicts in the Class II B Penitentiary of North Maluku Province and examine the obstacles and efforts faced by the North Maluku Class II B penitentiary in the process of fostering female convicts. The research method used in this study is a type of empirical legal research. Empirical legal research is to study the legal situation or facts obtained in people's lives. This type of research is often referred to as Socio Legal Research. In empirical legal research, what is initially studied is secondary data which is then followed by research on primary data in the field. The fulfillment of the special rights of female prisoners in the Class II B Penitentiary of North Maluku Province is explicitly regulated in Article 14 paragraph (1) jo Article 9 of Law Number 22 of 2022 concerning Correctional Services, it is expressly stated that the convict has the right such as to worship in accordance with his religion or beliefs, receive both spiritual and physical care, receive education and teaching, get health services and eat properly, and filing a complaint.

Co-Authors Baharuddin HI Faissal Malik Husen Alting Idham Payapo Masrida Masrida Rini Angriani Sittihajar Muhammad Sri Mardiana Joisangadji Syamsuddin Ishak Syawal Abdulajid Tasqinnur Mansur Vanti Y. Rolobessy Wahda Z. Imam Wahda Z. Iman

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