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All Journal Reformasi Hukum Trisakti Amicus Curiae
Andi Widiatno
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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Journal : Amicus Curiae

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MEMBUJUK ANAK UNTUK MELAKUKAN VIDEO CALL SEX MELALUI SOSIAL MEDIA (PUTUSAN NOMOR 392/PID.SUS/2021/PN.JKTSEL): Persuad Children to Conduct Video Call Sex Through Social Media (Decision Number 392/PID.SUS/2021/PN.Jkt.Sel) Leony Retdalia Betri Bangun; Andi Widiatno
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.17759

Abstract

Based on Decision Number 392/Pid.Sus/2021/PN Jkt, the Defendant's cell, Wawan Gunawan, requested the victim's WhatsApp number through the Hago application and persuaded the victim, who was underage, to video call sex. Based on this, is the defendant's actions in persuading children to video call sex through social media in accordance with Article 27 paragraph (1) of the ITE Law and what are the aggravating elements in the crime of persuading children to video call sex through social media. The type of research used is normative juridical, which is descriptive analytical and uses secondary data through library research. Furthermore, secondary data were analyzed qualitatively and conclusions were drawn using deductive methods. The results of this study show that the Defendant's actions in persuading children to make video calls sex through social media are in accordance with Article 27 Paragraph (1) of the ITE Law, but it is not appropriate if the sentence is only 2 years because the Defendant's actions should be more appropriate to be subject to Article 27 paragraph (1) jo Article 45 paragraph (1) jo Article 52 paragraph (1) with a sentence of 8 years in prison, because the Defendant committed a crime against a minor.
ANALISIS YURIDIS TINDAK PIDANA MEMBANTU PEKERJAAN SOSIAL MELALUI MEDIA SOSIAL UNTUK MEMPEROLEH KEUNTUNGAN MATERI (PUTUSAN NOMOR 31/PID.SUS/2021/PN.JKT.UTR): Juridical Analysis of The Crime of Assisting Sexual Work Through Social Media to Obtain Material Benefits (Decision Number 31/Pid.Sus/202/PN.Jkt.Utr) M. Adit Bastillah Ananta; Andi Widiatno
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.17760

Abstract

Penalties assigned to individuals who engage facilitating sex work via social media, perpetrated by offender, determined on judge in accordance with sanctions applied to defendant who participated aiding sex work through social media for the purpose of gaining material advantages accordance with Article 296 of Criminal Code. This article raises the main issue regarding whether the perpetrators of the crime of assisting sexual work through social media to obtain material gain in accordance with Article 296 of the Criminal Code, and correctly punishment for the crime of assisting sexual work through social media to obtain material gain. This research employs an analytical-descriptive approach under the normative juridical research category. The methodology involves utilizing secondary data from legal resources available in libraries, encompassing both primary legal sources and relevant secondary legal references through library research and qualitative analysis is carried out by drawing conclusions based on deductive logic. The conclusion of this analysis states that the perpetrator's actions are in accordance with Article 296 of the Criminal Code, but there more correctly punishment, Article 27 paragraph (1) ITE can be imposed on defendant because of act committed by defendant using electronic information facilities.
TINJAUAN YURIDIS TINDAK PIDANA TANPA HAK MEMANIPULASI INFORMASI ELEKTRONIK SECARA BERSAMA-SAMA (STUDI PUTUSAN NO.359/PID.SUS/2021/PN JKT.SEL): Juridical Review Criminal Action Without The Right To Manipulate Electronic Information Collectively (Verdict Study No. 359/Pid.Sus/2021/PN Jkt.Sel) Rizky Alfiantiko; Andi Widiatno
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.18142

Abstract

In this era of globalization, data has become an important matter in one's identity where the data certainly has loopholes for people who want to take advantage in illegal ways, one of which is by manipulating electronic information. Manipulation of electronic information is a crime that enters the realm of cyber. The development of the digital world has led to new variations in committing crimes, one of which is related to concurrent regulations or Concursus Idealis. The legal basis for the crime of manipulating electronic information is regulated in Law Number 19 of 2016 concerning Electronic Information and Transactions. With the concomitant regulation of the crime of forgery of letters, this is the basis for the creation of this article using the Literature Study method, a type ofnormatif juridical research, with the nature of analytical descriptive research,and drawing conclusions using deductive logic. There are concurrent regulations carried out by actors in manipulating electronic information where the crime of forging letters is one part of the criminal act that is incorporated in it which is carried out in collaboration
ANALISIS YURIDIS PERTANGGUNG JAWABAN PIDANA TERHADAP PELAKU PENCEMARAN NAMA BAIK MELALUI MEDIA SOSIAL (PUTUSAN NOMOR 710/PID.SUS/2021/PN JKT.TIM: Juridical Analysis of Accountability Criminal Defamation Perperators Either Trough Social Media (Verdict Number 710/PID. SUS/2021/PN Jkt. Tim) Dewas Saputra; Andi Widiatno
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19632

Abstract

Defamation is an event where social interaction in the community environment harms one party, both materially and immaterially. With the development of the digital world, which moves social interaction from the real world to the digital world, it causes a newtype of crime, namely defamation on social media, and this type of crime is included in the category of computer-related crime. The legal basis for enforcing this criminal act of pollution is regulated in the Criminal Code and Law Number 19 of 2016 concerningInformation and Electronic Transactions. With the existence of dif erent forms of accountability for perpetrators of criminal acts, this is the basis for the creation of this paper using the library research method. This type of research is normative, with the nature of analytical descriptive research, and draws conclusions using deductive logic. There are several similarities in the acquittal and guilty verdicts, namely the existence of acts that allegedly attacked the victim's honor by perpetrators based on slander and the application of errors in the judge's considerations that looked more at psychological errors than normative errors
Co-Authors Dewas Saputra Leony Retdalia Betri Bangun M. Adit Bastillah Ananta Nida Zhakia Jasmine Rizky Alfiantiko