scholarly journals PERLINDUNGAN HUKUM BAGI KORBAN SERANGAN RANSOMWARE

2021 ◽  
Vol 16 (2) ◽  
pp. 126
Author(s):  
Desyanti Suka Asih K.Tus
Keyword(s):  
Rule Of Law ◽  
Data Security ◽  
Legal Protection ◽  
Criminal Code ◽  
Online Data ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
Cyber Space ◽  
The Government ◽  
High Level

<p><em>Data is an important part of the need in today's Information Technology era. The data of every human individual in the world has a high level of sensitivity for anyone. Data that is currently developing both offline and online data, requires a certain level of security in its access. Good data security techniques are needed in ensuring the confidentiality of a data including from attacks of several types of malware viruses and ransomware.</em></p><p><em>Types of malware viruses and ransomware work with the concept of damaging, stealing and locking data with various purposes, one of which is to make a profit. Ransomware works by locking certain files that are targeted and encrypted so that the data is inaccessible. In the end, if you want to access the stored data, users are required to contact the contact of the creator of the ransoware by paying a certain amount of money in decrypting the locked data. Ransomware can be categorized as cyber extortion.</em> <em>Article 27 paragraph 4 of the ITE Law provides arrangements on the dissemination of information that has extortion content whose provisions are regulated in the Criminal Code. Ransomware meets the elements of the criminal act of extortion as stipulated in the provisions of Article 368 paragraph (1) of the Criminal Code. The perpetrator commits extortion coupled with acidification by closing the victim's access to his data. The government has made legal protection efforts for victims of ransomware among others through the arrangements contained in Article 27 Paragraph (4) of the ITE Law.</em> <em>As well as the application of criminal sanctions of confinement and fines for perpetrators of ransomware crimes. Protection of cyber space users can also be done by individuals (individuals) by building regulations in cyberspace and being vigilant in using the internet. In an effort to provide legal protection for ransomware victims, cooperation is needed between the government as a lawmaker and users (victims of ransomware) cyber space. More advanced and unconventional regulations are critical in dealing with cybercrime. Because all forms of cybercrime cannot be touched by the rule of law.</em></p><p><em> </em></p><p><strong><em>Keywords</em></strong><em>: Legal Protection, Victims, Ransomware</em></p>

scholarly journals THE CONCEPT OF PENAL MEDIATION FOR DEFAMATION DELICT IN THE INDONESIA ITE LAW AS A MANIFESTATION OF RESTORATIVE JUSTICE

2020 ◽  
Vol 9 (3) ◽  
pp. 363
Author(s):  
Yaris Adhial Fajrin ◽  
Ach. Faisol Triwijaya
Keyword(s):  
Rule Of Law ◽  
Alternative Dispute Resolution ◽  
Research Result ◽  
Self Esteem ◽  
Criminal Code ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
The Right ◽  
The Impact

<em>The paper aimed to analyze the position of defamation as a complaint delict in the ITE Law and  the chances of applying penal mediation in the settlement of criminal defamation charges in the ITE Law. This research uses a normative legal research with qualitative analysis</em><em> techniques. The research result shows that defamation in the field of ITE is a complaint delict that the settlement of the case can be done through the Alternative Dispute Resolution (ADR) outside the court through penal mediation mechanism. The settlement of criminal cases through penal mediation has been in line with the direction of the renewal of Indonesian criminal law which is moving towards improving the impact of a criminal act as part of the purpose of criminalization. Penal mediation that promotes the values of consensus deliberation is also in line with the basic values of Pancasila, to encourage peace between the conflicting parties and improve the reputation, self-esteem, and dignity of victims damaged by defamation committed by the perpetrators. The advantages of penal mediation have not been followed by the rule of law of the event that regulates specifically the procedure of penal mediation so that not a few cases of defamation are ultimately decided by criminal sanctions to the perpetrators. Therefore, the mechanism of penal mediation needs to be regulated in the Indonesian Criminal Code in the future, to provide guarantees of a fair and beneficial criminal settlement for all parties, as well as a guarantee of the right to free responsible speech.</em>

scholarly journals Perlindungan Hukum Terhadap Hak Masyarakat Dalam Perjanjian Kerjasama Perkebunan Kelapa Sawit

2019 ◽  
Vol 2 (2) ◽  
pp. 175
Author(s):  
Hamdan Siregar
Keyword(s):  
Rule Of Law ◽  
Oil Palm ◽  
Legal Protection ◽  
Cooperation Agreement ◽  
The Rule Of Law ◽  
Oil Palm Plantation ◽  
Public Property ◽  
The Republic ◽  
The Government ◽  
The Right

The State of the Republic of Indonesia is a legal state which is contained in Article 1 Paragraph (3) of the 1945 Constitution, in the rule of law, the power in running the Government based on the rule of law, in Indonesia there have been many cooperation agreements in the field of plantation, in the establishment of plantation based on the principle legal certainty to protect the parties in the cooperation agreement between BUMD and PT.MTL where in the plantation management agreement is not running smoothly, causing conflict between the community with PT.MTL party. Based on the above issues, what is the legal relationship between the parties in the oil palm plantation cooperation agreement, how is the legal effect on the community rights in the oil palm plantation cooperation agreement, how is the legal protection of the community within the palm oil plantation agreement. This research is juridical sociological with the nature of research is descriptive analytical. Processing is done by editing and then analyzed by using qualitative analysis methode. From the result of the research, it can be concluded that (1) the occurrence of civil relation between the parties based on the cooperation agreement between BUMD and PT.MTL and letter of land delivery between the community and BUMD (2) due to law on community land in this cooperation agreement the transition of rights, from public property rights to State land. (3) the absence of legal protection of community land that has been submitted to the BUMD to be granted the Right to Use Enterprises

scholarly journals Federal Democratic Republic of Nepal: An Assessment of the Rule of Law

2021 ◽  
Vol 21 ◽  
pp. 1-8
Author(s):  
Than Bahadur Chhetri
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
Democratic Republic ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
State Institutions ◽  
Independent Judiciary ◽  
The Government ◽  
High Level ◽  
Online Sources

The Rule of law, a set of principles of governance, apply to all individuals, organizations and the government itself. Democracy is a political system governed by the rule of law. No rule of law means no democratic future. This paper aims to assess the state of the rule of law under the new political setup, taking the rule of law as dependent variable and fundamental rights, corruption, open parliament and independent judiciary as independent variables. To measure the rule of law, necessary information was collected from printed and online sources. A federal democratic republic can grow healthy only when there exists the rule of law and efficient state institutions. The fundamental problems in strengthening the rule of law obstructed by the tendency of personalization and frequent intervention in state institutions, high level of corruption at policy level, poor legislative bill formulation, the controversial appointing process of the judges and the political dominations. The acceptance of international norms to address the justice and to promote human rights, adhering to the principle of inclusion and equality, maintaining transparency rule in the appointment in various constitutional bodies and keeping out of executive influence to maintain impartial and independent institutions can help in strengthening the rule of law. 

scholarly journals Does Indonesian COVID-19 Emergency Law Secure Rule of Law and Human Rights?

2020 ◽  
Vol 4 (1) ◽  
pp. 306
Author(s):  
Herlambang Perdana Wiratraman
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Freedom Of Expression ◽  
Civil Liberties ◽  
Legal Protection ◽  
Emergency Situation ◽  
Human Rights Law ◽  
The Rule Of Law ◽  
New Development ◽  
The Government

President Joko Widodo announced a public health emergency at the end of March 2020. This policy demonstrates denial, too late and limited in responding to the spread of Covid-19. On the other hand, the state security approach during the pandemic has pressured civil liberties, especially criticisms against government policies. This phenomenon is not a new development in Indonesia whereby attacks on freedom of expression and academic freedom are common. This article analyses how the COVID-19 health emergency situation is handled by the government from the perspective of human rights law standards and the rule of law. This article argues the Indonesian COVID-19 emergency law violates many guarantees of legal protection under the rule of law standard. It is apparent how the issue of human rights has not yet become an effective strategy or approach in this non-natural disaster emergency situation.

scholarly journals Legal Protection of Patients Participants of Health Social Guarantee in Human Rights Perspective

2020 ◽  
Vol 7 (10) ◽  
pp. 165
Author(s):  
Agustin Widjiastuti ◽  
Made Warka ◽  
Slamet Suhartono ◽  
Hufron Hufron
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Person ◽  
Legal Protection ◽  
Core Material ◽  
The Rule Of Law ◽  
The Core ◽  
State Constitution ◽  
The Government ◽  
The Right

The rule of law through the government must provide public services for its people.  In the conception of the welfare law state, every citizen/every person has the right to obtain good services and obtain legal protection from arbitrary actions by the authorities. Based on Article 1 number 1 of Law Number 39 of 1999 concerning Human Rights, human rights are rights inherent in every human person that must be protected so that human rights are always the core material of a modern state constitution. Legal steps for patients participating in the Health Social Security Administering Body in the perspective of legal protection.

scholarly journals SOCIALIZATION URGENCY OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS FOR VILLAGE IN LEGISLATIVE DRAFTING PURPOSE

2020 ◽  
Vol 4 (1) ◽  
pp. 46
Author(s):  
ADHITYA WIDYA KARTIKA ◽  
SUTRISNO SUTRISNO
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Human Life ◽  
Legal Protection ◽  
The Rule Of Law ◽  
The Government ◽  
Laws And Regulations

<p>Norms or rules are a code of conduct for human life including legal norms that are strict and direct sanctions. One of the legal products made by legislative drafters is regeling, for example laws that are made, discussed, and agreed upon between the President<br />and the House of Representatives. Legislation must be made to have a purpose. This has the understanding that a statutory regulation is a joint goal between the Government and the people represented by the House of Representatives. Another aspect is that regulations are expected to be effective. In connection with norms in the constitution referred to as the rule of law, this means that all forms of community and government behavior must be in accordance with and must not violate the laws and regulations. One of the rule of law in Indonesia is that the actions of the government must be in accordance with the laws and regulations. If we look at research in villages in SekaranSubdistrict, there are resources and potentials at a local scale that can be increased to increase village empowerment and economy. On the other side, there are laws and regulations related to this matter. This happens due to lack of socialization related to the regulation (village and intellectual property rights) so that the implementation cannot be carried out optimally. So the socialization of a regulation so as to increase the realization of the purpose of the regulation is made important. This research uses descriptive analytical method.</p>

scholarly journals Sanksi Pidana terhadap Anak yang Melakukan Tindak Pidana Aborsi

2020 ◽  
Vol 1 (1) ◽  
pp. 191-195
Author(s):  
Ni Luh Putu Hinduswari ◽  
A A Sagung Laksmi Dewi ◽  
Ni Made Sukariyati Karma
Keyword(s):  
Maternal Death ◽  
Legal Protection ◽  
Secondary Data ◽  
Criminal Code ◽  
Court Decision ◽  
Criminal Sanction ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Work Training ◽  
The Government

Abortion is a health problem for the community, especially women because it has an impact on maternal death or the end of pregnancy with a fetus removed from the womb. The main cause of death of pregnant women and childbirth is bleeding and infection. Every human wants the law to be enforced to be more effective not only in the form of order. One example of the cases is in Court Decision Number 5 / Pid.Sus-Anak/2018/PN.Mbnd and legal protection for children that must be upheld. The formulation of the problem raised were how criminal sanctions against children who commit abortion and how legal protection for children who commit abortion is. This study used normative legal research that is in the study of systematically processing library materials. This research was conducted using secondary data obtained from primary material by analyzing the laws and regulations relating to the title of this journal.Thus, conclusions can be drawn that criminal sanctions against children who commit criminal acts of abortion are regulated in the Criminal Code, and Court Decision Number 5 / Pid.Sus-Anak / 2018 / PN.Mbn imposed Criminal Sanction namely imprisonment for 6 (six) months and work training for 3 (three) months against the defendant in accordance with the provisions of article 77 A paragraph (1) jo, and legal protection is regulated in Law No. 36 of 2009 concerning Health. In addition, there must be efforts from the government and the community and parents to prevent the occurrence of cases of abortion among teenagers.

scholarly journals ON THE CRIMINALISTIC UNDERSTANDING OF CORRUPTION DIRECTEDNESS CRIMES

2017 ◽  
Vol 17 ◽  
pp. 121-127
Author(s):  
O. I. Reznikova
Keyword(s):  
Rule Of Law ◽  
System Analysis ◽  
Scientific Literature ◽  
Criminal Code ◽  
General Category ◽  
The Rule Of Law ◽  
High Level ◽  
Criminal Legislation

Analysis of international anti-corruption ratings and national statistical reports points to a consistently high level of corruption in Ukraine, and, consequently, the relevance offurther scientific support for the activities of the subjects of the fight against corruption, in particular, in the field of criminalistic supportfor the investigation of corruption offenses. Such problematics has a multifaceted character and consists of separate directions, which already have been studied in a certain way on the pages of scientific literature. At the same time, the problems of the formation of namely criminalistic understanding of corruption directedness crimes and the construction of a new criminalistic classification of this group of crimes were not earlier subjected to the system analysis, since the latter is the basis for constructing of a criminalistic characteristics of corruption directed crimes and the system of techniques for their investigation: simple and complicated ones. In the paper, the author came to the conclusion that as of today there is a need to introduce a general category of "corruption directedness crimes" into the Criminal Code of Ukraine and to distinguish two independent subgroups within its limits - corruption crimes and crimes related with corruption. Criteria for the formation of the first subgroup should be considered the essential signs and forms of corruption, and for the second - the prohibitions, restrictions and requirements stipulated by the Law of Ukraine “On the Prevention of Corruption". The proposed approach will improve the quality of the anti-corruption criminal legislation of Ukraine, increase the effectiveness ofpre-trial investigation and judicial consideration of such crimes. Before making such changes to the Criminal Code of Ukraine, proceeding from the rule of law and its constituent - legal certainty, it’s necessary to consider under corruption only the crimes, provided by Art. 45 of this Code, for the commission of which the consequences, stipulated by the mentioned Law may be applied to the person.

scholarly journals Pertanggung Jawaban Notaris Berkenaan Dengan Kebenaran Substansi Akta Otentik

Rechtidee ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 267
Author(s):  
Wayan Paramarta Jaya
Keyword(s):  
Rule Of Law ◽  
Criminal Responsibility ◽  
Code Of Ethics ◽  
Criminal Liability ◽  
Criminal Code ◽  
General Purpose ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
Legal Consequences

<p>Notary as a position has its own authority which is regulated with the rule of law to make an authAentic deed. This authority is described in Article 15 of Law Number 2 Year 2014 as amendments from UUJN. However, this authority is unperfect due to not arranged authority to Notary's for investigation, so the notary is unable to investigate the thruth of material document data fom confrontist is true or not. Condition like that often drag the Notary into legal issues in both criminal and civil problems. The purpose of this thesis research is divided into two, that is general purpose of an academic and special purpose is to examine and analyze how the notary accountability in making authentic deeds and to know and understand the legal consequences of authentic deeds made by the notary when the parties provide false data. This study is a normative juridical research using statute approach and conceptual approach. Based on the analysis of legal material obtained, basically a notary has responsibility for the formalities of an authentic deed and has no responsibility for the material of the contents the authentic deed except in the<em> relass </em>deed. Notaries can be requested of accountability if the Notary is proven to have committed administrative, civil and criminal violations. Notary must be responsible in terms of Administrative Law, Civil Law, that is in accordance with the provisions of sanctions contained in Article 84 and 85 on Amendment of UUJN and code of ethics, but in UUJN and UUJN Change Law does not regulate the existence of criminal sanctions. Notary cant be sought for criminal liability if there is a loss to one of the parties as a result of false documents from another party, since the notary only records what the parties have submitted to the deed. Such false statements shall be the responsibility of the parties, not the responsibility of the notary, unless such fraud or deceit originates from the Notary itself, a notary may be sought for criminal responsibility in accordance with article 263, 264, 266 of the Criminal Code.</p>

scholarly journals Perlindungan Mutasi Guru dengan Berlakunya Undang-undang No 23 tahun 2014 Pemerintahan Daerah

Integralistik ◽  
2019 ◽  
Vol 30 (2) ◽  
pp. 123-131
Author(s):  
Itok Dwi Kurniawan ◽  
Suwarma Al Muchtar
Keyword(s):  
Secondary Education ◽  
Local Government ◽  
Rule Of Law ◽  
Legal Protection ◽  
The State ◽  
Regional Government ◽  
The Rule Of Law ◽  
Circular Letter ◽  
The Government

Indonesia is a country based on the rule of law, this is in accordance with the mandate of the constitution. Citizens, in this case especially teachers must get protection in order to be able to carry out their rights and obligations comfortably. After the enactment of Law Number 32 Year 2004 to Law Number 23 Year 2014, secondary education became a provincial affair so there were a lot of teacher mutations. To anticipate this, the government issued a Circular Letter of the Minister of Home Affairs Number 120/5935 / SJ dated October 16, 2015 concerning the Acceleration of the Implementation of Affairs Under Act Number 23 of 2014 concerning Regional Government. The aim of this research is to determine the protection of teacher mutations by the enactment of local government laws. Teachers' protection according to this study can be divided into two, namely preventive (cancellation of regulations / Perbup / Perwali) and repressive (lawsuit of the State Administrative Court). Legal protection for teachers can be done preventively and repressively. Preventively, it could be through the governor's authority as a representative of the government to overturn the decision and repressively, the teacher could submit a claim to the State Administrative Court to cancel the letter of its decision. The existence of this law is expected to improve the welfare of teachers throughout Indonesia.Negara Indonesia adalah negara yang berdasarkan pada aturan hukum, hal ini sesuai dengan amanah konstitusi. Warga negara, dalam hal ini khususnya guru harus mendapatkan perlindungan agar bisa menjalankan hak dan kewajibannya dengan nyaman. Setelah berlakunya UU Nomor 32 Tahun 2004 ke UU Nomor 23 Tahun 2014, pendidikan menengah menjadi urusan provinsi sehingga banyak sekali terjadi mutasi guru. Untuk mengantisipasi hal tersebut, pemerintah mengeluarkan Surat Edaran Menteri Dalam Negeri  Nomor 120/5935/SJ tanggal 16 Oktober 2015 tentang Percepatan  Pelaksanaan Pengalihan Urusan Berdasarkan Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah. Tujuan peneitian ini adalah untuk mengetahui perlindungan mutasi guru dengan berlakunya undang-undang pemerintah daerah. Perlindungan bagi guru menurut penelitian ini dibedakan menjadi dua, yaitu preventif (pembatalan perda/perbup/perwali) dan represif (gugatan Pengadilan Tata Usaha Negara). Perlindungan hukum terhadap guru bisa dilakukan secara preventif dan  represif. Secara preventif, bisa melalui kewenangan gubernur sebagai wakil pemerintah untuk membatalkan keputusan tersebut dan secara represif, guru bisa mengajukan tuntutan kepada pengadilan Tata Usaha Negara untuk membatalkan surat keputusan mutasinya. Dengan adanya undang-undang tersebut diharapkan dapat meningkatkan kesejahteraan para guru di seluruh Indonesia.

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