scholarly journals PENEGAKAN HUKUM TINDAK PIDANA PROSTITUSI ONLINE DI SURABAYA

Esensi Hukum ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 36-47
Author(s):  
Kurniadi Prasetyo

Abstract The prostitution crime in Indonesia, especially in Surabaya, is getting higher. With the closure of Dolly's prostitution area, the providers of prostitus services use the internet to open their services. The use of the internet as a prostitution service is often called online prostitution. Problems regarding the crime of online prostitution in Surabaya are regulated in article 27 paragraph (1) of Law no. 11 of 2008 concerning Information and Electronic Transactions; Article 45 paragraph (1) of Law No. 19 of 2016 concerning Information and Electronic Transactions; Article 27 Paragraph (1) Law No. 1 of 2018 concerning Electronic Information and Transactions; Article 4 paragraph (2) of Law No. 44 of 2008 concerning Pornography; Article 4 paragraph (2) of Law No. 44 of 2008 concerning Pornography; article 296 of the Criminal Code; Article 506 of the Criminal Code; Article 37 paragraph (2) of Surabaya City Government Regulation No. 2 of 2014 concerning Implementation of Public Order and Community Peace. In law enforcement, online prostitution crime in Surabaya does not only tend to impose sanctions in accordance with article 27 paragraph (1) of the Information and Electronic Transaction Law. However, the City Government of Surbaya is trying to implement prevention of trafficking in persons suspected of having links to online prostitution. In the policy to prevent trafficking in persons, the Surabaya city government has implemented two prevention systems, namely Preemtif Prevention and Preventive Prevention. Keywords: Criminal Act, Online Prostitution, Law Enforcement Abstrak Tindak pidana prostitusi di Indonesia khususnya di Surabaya semakin tinggi. Dengan ditutupnya kawasan prostitusi Dolly membuat para penyedia jasa prostitusi menggunakan media internet untuk membuka jasanya. Penggunaan internet sebagai layanan jasa prostitusi sering kali disebut prostitusi online. Permasalahan mengenai tindak pidana prostitusi online di Surabaya diatur dalam Pasal 27 ayat (1) Undang-Undang No. 11 Tahun 2008 tentang Infomarsi dan Transaksi Elektornik; Pasal 45 ayat (1) Undang-Undang No. 19 Tahun 2016 tentang Informasi dan Transaksi Elektronik; Pasal 27 ayat (1) Undang-Undang No. 1 Tahun 2018 tentang Informasi dan Transaksi Elektronik; Pasal 4 ayat (2) Undang-Undang No. 44 Tahun 2008 Tentang Pornografi; Pasal 4 ayat (2) Undang-Undang No. 44 Tahun 2008 Tentang Pornografi; Pasal 296 KUHP; Pasal 506 KUHP; Pasal 37 ayat (2)  Peraturan Daerah Pemerintahan Kota Surabaya No. 2 Tahun 2014 tentang Penyelenggaraan Ketertiban Umum dan Ketentraman Masyarakat. Dalam penegakan hukum tindak pidana prostitusi online di Surabaya tidak hanya cenderung dengan memberikan sanksi sesuai dengan Pasal 27 ayat (1) Undang-Undang Informasi dan Transaksi Elektronik. Namun Pemerintah Kota Surabaya mencoba menerapkan pencegahan terhadap tindak pidana perdagangan orang yang dinilai mempunyai keterkaitan dengan tindak pidana prostitusi online. Dalam kebijakan pencegahan tindak pidanak perdagangan orang Pemerintah Kota Surabaya menerapkan dua sistem pencegahan yaitu pencegahan preemtif dan pencegahan preventif. Kata Kunci: Tindak Pidana, Prostitusi Online, Penegakan Hukum

Author(s):  
Amin Ibrahim

The sexual exploitation of children remains a very serious problem and is rapidly increasing globally through the use of the Internet. This chapter focuses on the child pornography and IT, and the various methods to combat this problem. The ease of acquiring IT and digital equipments, the global reach of Internet and freely available peer-to-peer services have made child pornography a very complex issue to undertake. The borderless nature of the Internet and the lack of unified criminal code among nations further escalated the complexity of law enforcement against child pornography.


2020 ◽  
Vol 1 (1) ◽  
pp. 78-83
Author(s):  
Dewa Gede Agus Anjaswara ◽  
I Gusti Bagus Suryawan ◽  
Luh Putu Suryani

The city of Denpasar has not been able to carry out waste management properly, even though waste management is very important to reduce the volume of waste, and it can even use waste into useful objects or products. Denpasar City tries to manage waste in Denpasar. The purpose of this research is to find out how the implementation of Denpasar City Regulation Number 3 of 2015 concerning Waste Management and to find out the supporting and inhibiting factors of the enactment of Denpasar City Government Regulation Number 3 of 2015 concerning Waste Management. This study was designed using empirical legal research with a statutory approach. The data collection techniques used in the study were interviews and documentation. The results show that the action of the Denpasar city government against violations of the Regional Regulation of the City of Denpasar Number 3 of 2015 concerning waste management is to implement minor crimes against offenders where those who violate are tried in light criminal court (Tipiring). Then, the supporting and inhibiting factors for the enforcement of Regional Regulation Number 3 of 2015 on Waste Management are the legal basis for cleanliness management that has been issued by the Denpasar City Government in the form of Legislation, Regional Regulations, and the Mayor of Denpasar. Inhibiting factors for the enforcement of Sanctions by Regional Regulation No.3 of 2015 on Waste Management, namely factors of law enforcement officers, facilities and infrastructure factors, and community factors.


2020 ◽  
Vol 23 (02) ◽  
pp. 77-89
Author(s):  
Rengga Aditya Mulawardhana ◽  
Go Lisanawati

Criminal activities related to the use of the internet (cyber crime) are growing rapidly in Indonesia with various modes. This article aims to analyze one of the cases that has occurred regarding illegal access to fund transfers based on normative juridical methods. The action being studied was access to a mobile bank account using an inactive card to transfer funds. Based on this mode, two violations occurred in 2 (two) laws as well as Law Number 11 of 2008 concerning Information and Electronic Transactions and Law Number 3 of 2011 concerning Fund Transfers. The result of this research is that perpetrators with mobile banking account access mode by using an inactive card and transferring funds can fulfill the criminal elements according to the provisions of Article 30 paragraph (3) of Law Number 11 of 2008 concerning Electronic Information and Transactions, and can subject to criminal penalties according to Article 46 paragraph (3) of Law Number 11 of 2008 concerning Electronic Information and Transactions, and also fulfills criminal elements according to the criminal provisions of Article 81 of Law Number 3 of 2011 concerning Fund Transfers.


2021 ◽  
Vol 4 (1) ◽  
pp. 36-48
Author(s):  
Uyan Wiryadi

The purpose of this study: 1) To find out copyright violations in the field of music in the form of a cover song by recording through social media connected with Law Number 28 of 2014 concerning Copyright. 2) To find out the factors that influence copyright violations in the music field in the form of cover songs by recording through social media. The writing of this thesis uses a statute approach, by reviewing amendments to Law Number 28 of 2014 concerning Copyright and its implications for copyright and its implementation by state institutions and the Republic of Indonesia Law No. 19 of 2016 concerning Amendment of Law Number 11 Year 2008 Regarding Information and Electronic Transactions. Results of research conducted by the author: When someone does a cover song through social media without permission from the creator, both for the purpose not for commercial or commercial purposes, it is an infringement of copyright. Factors that influence the occurrence of violations of copyright in Indonesia include: 1) Weak law enforcement against violators. 2) Works on the internet can easily be duplicated and disseminated globally in a short period of time and in large quantities. 3) There is no limit on the place of the offender because a domain name or website can be accessed by anyone globally. 4) Procedures for events between countries in dealing with violations of copyright on the internet, such as to determine who the perpetrators are and when they occur and determine the jurisdiction of violations still vary.  


Author(s):  
Stephanie Do ◽  
Dan Nathan-Roberts

Although online sex work has become more accessible to people of all socio-economic statuses, labor practices and work safety have not improved since the widespread use of the internet. One way that we can help empower sex workers is to understand their motivations and experiences when using the internet. In a survey conducted by Sanders et al. (2017), the highest crime that 56.2% sex workers experienced was being threatened or harassed through texts, calls, and emails. Because there is no theory application to date on this marginalized group, three theories were proposed. This literature review highlights the need to explore why sex workers, as end-users, should be included in the user cybersecurity defense conversation, such as the cybercrimes that they face, their relationship with law enforcement, and what other factors affect their safety.


2018 ◽  
Vol 1 (1) ◽  
pp. 1638
Author(s):  
Lorenzo Marco ◽  
Gunawan Djajaputra

The BOT (Build Operate Transfer) Agreement between Bogor Municipal Government and PT Pancakarya Grahatama Indonesia is an agreement to optimize Baranangsiang terminal assets as stated in the agreement Number: 601 / Perj.418-BPKAD / 2012 / Number: 005 / PGI / DIR / VI / 2012 . Until now, the agreement of both parties has not been able to be considered because of the change of authority of the terminal which formerly the authority of the City Government of Bogor to switch to the Central Government, resulting problems Whether the Government / Mayor Bogor can cancel the unilateral agreement BOT in the construction of Terminal Baranangsiang viewed from the point Civil Code? The research method used is normative legal research method supported by interview and field data. Based on the analysis that the BOT agreement between Bogor City Government and PT Pancakarya Grahatama is a valid and binding agreement between both parties and can not be canceled unilaterally by Bogor City Government, although there are new regulations that change the authority of terminal A Baranangsiang become the authority of Central Government . The Agreement may be canceled if it violates Article 1320 of the Criminal Code or violates the subjective and objective terms of the validity of the agreement. When the agreement is mutually agreed upon by both parties, the agreement must continue and act as a binding law as regulated in Article 1338 of the Criminal Code. Bogor City Government should immediately provide certainty to the PT Pancakarya Grahatama Indonesia for Baranangsiang terminal revitalization project can be immediately realized and need a revision (adedendum) agreement between the Government of Bogor City with PT Pancakarya Grahatama Indonesia related to changes in authority of terminal A Baranangsiang between PT. PGI with the Central Government.


2016 ◽  
Vol 6 (2) ◽  
pp. 71
Author(s):  
Dewi Gartika

In Act No. 23 of 2014 on Regional Government, where there mention of the obligatory functions and affairs of choice, where one obligatory This is an investment, then in Government Regulation No. 38 Year 2007 on the dealings between the central government, provincial government and district / city government, a local government authority is in the field of investment, government Bandung, capital investment is obligatory and one local government authority is placed in the structure organization Bappeda Bandung is in the Investment Sector, is of course contrary to the Law No. 23 Year 2014 and Government Regulation No. 38 of 2007. This paper provides the organizational structure of institu-tional investment in the city of Bandung.Dalam Undang-Undang Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah dise-butkan mengenai urusan wajib dan urusan pilihan, dimana salah satu urusan wajib ini adalah pena-naman modal, kemudian dalam Peraturan Pemerintah Nomor 38 Tahun 2007 tentang Pembagian urusan antara pemerintah pusat, pemerintah provinsi, dan pemerintah kabupaten/kota, salah satu kewenangan pemerintah daerah adalah dalam bidang penanaman modal, di pemerintahan Kota Bandung, penanaman modal yang merupakan urusan wajib dan salah satu kewenangan pemerintah daerah ditempatkan dalam struktur organisasi Bappeda Kota Bandung yaitu pada Bidang Pena-naman Modal, ini tentu saja berseberangan dengan UU No. 32 Tahun 2004/UU No. 23 Tahun 2014 dan Peraturan Pemerintah No. 38 Tahun 2007. Artikel ini berisi tentang struktur organisasi kelem-bagaan penanaman modal di Kota Bandung.


2020 ◽  
Vol 4 (2) ◽  
pp. 51-58
Author(s):  
Sry Wahyuni ◽  
Elwidarifa Marwenny

The subject matter of this research is the Juridical Review of the Crime of Threats in the Information and Electronic Transactions Law (Case Study of the Koto Baru District Court). This issue is divided into two sub-discussions, first, how is the application of material crimes against criminal acts of threats in the Law on Information and Electronic Transactions, second, how are judges' legal considerations in imposing crimes against threats of threats in the Law on Electronic Information and transactions. The method used in this research is to use a normative juridical problem approach. about the problem that is the object of the problem.The results showed that efforts to apply sanctions were made to overcome the perpetrators of extortion and threats, namely: firmly enforcing the existing positive laws. For subjective positive law enforcement, it may be necessary to have instruments or law enforcers who have the instinct of justice, namely "Judges" who decide all existing cases. The research implication is: it is hoped that the inculcation of social values ​​and norms in society in using social media and in UUITE is not trapped in behavior that plunges them into criminal acts / crimes, it is also hoped that the Panel of Judges in deciding cases must consider more The facts of the trial, the elements of the offense, and the consideration of the severity of the crime with reference to the defendant's situation and the victim's loss.


2019 ◽  
pp. 590-613
Author(s):  
David Omand

This chapter examines digital intelligence and international views on its future regulation and reform. The chapter summarizes the lead up to the Snowden revelations in terms of how digital intelligence grew in response to changing demands and was enabled by private sector innovation and mediated through legal, Parliamentary and executive regulation. A common set of ethical principles based on human rights considerations to govern modern intelligence activity (both domestic and external) is proposed in the chapter. A three-layer model of security activity on the Internet is used: securing the use of the Internet for everyday economic and social life and for political and military affairs; the activity of law enforcement attempting to manage criminal threats on the Internet; and the work of secret intelligence and security agencies exploiting the Internet to gain information on their targets, including in support of law enforcement.


Phonology ◽  
2001 ◽  
Vol 18 (1) ◽  
pp. 1-6 ◽  
Author(s):  
Carlos Gussenhoven ◽  
René Kager

If there is such a person as the average phonologist, he might have a conception of the relation between phonetics and phonology that comes close to the relation between social perceptions of crimes and a Code of Criminal Law. The Code's definition of various types of crimes and the penalty each type carries ultimately reflect, to put it crudely, the feelings of the people. Also, the Code's development will reflect social change. Criminal codes will typically incorporate the changing perceptions of the general public, and will now begin to include articles devoted to the use of the Internet, for instance. But at the end of the day, what counts in a law suit is what is in the Criminal Code, not the feelings of the people. So it is with phonology. It is easy to show that lexical forms are frequently related to functional (ergonomic) considerations, and that the way the grammar processes them into surface representations will amount to a reasonable articulatory task for the speaker, while equally the acoustic result will enable the listener to recognise these forms with reasonable ease. However, ultimately we say things the way we do because our lexical representations are the way they are, and our phonological grammar is the way it is.


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