JURNAL HUKUM SEHASEN

Legal Analysis Of Human Trafficking Through Platforms Based On Indonesian Laws And Regulations

Andreas Okta Pasaribu — 2025-01-30

This research analyzes legal protection against human trafficking that can be downloaded via video via social media platforms. Which in this case is often found in social media platform applications where videos contain pornographic elements and it is not uncommon for users to also trade themselves to viewers of the application by including a link that can be accessed by viewers thereby directing them to the application. owner's personal account contact. so that you can carry out the transaction. Thus, this act can be categorized as an act of human trafficking where the person indirectly hands over their rights to something to another person by obtaining an imbalance of economic value that will benefit both parties unlawfully. This research was carried out using a descriptive approach with qualitative methods with a type of normative juridical research based on secondary data sources taken from case studies of court decisions and statutory regulations with analysis using related legal materials. The results of this research obtained results in the form of knowledge regarding forms of legal protection against criminal acts of trafficking in persons carried out through video-based social media platforms which do not contain elements of criminal acts of trafficking in persons as contained in article 40 paragraph 2. and paragraph 2(a) which reads : "The government protects the interests of the public from all types of interference due to the coding of Electronic Information and Electronic Transactions which interfere with public transmissions, in accordance with the provisions of laws and regulations." and the Government is obliged to prevent in the form of blocking websites and prevent the distribution and use of Electronic Information and/or Electronic Documents containing prohibited content in accordance with the provisions of laws and regulations."

Legal Protection For Policyholders Against Breach Of Insurance Contract By Insurance Companies (Analysis Of Decision Number 662/Pdt.G/2023/PN Jkt.Sel)

Fadma Marcela Simanjuntak — 2025-02-19

Insurance is an activity established by an individual to cover losses or risks that may occur to those involved in an insurance program. As policyholders, we are required to pay premiums, and the insurance company is expected to fulfill its obligations according to the insurance policy agreement. The problems addressed in this study are: How is the legal regulation regarding breach of contract (wanprestasi)? How is legal protection for policyholders provided? How is the legal resolution of the breach of contract case by the insurance company in case number 662/Pdt.G/2023/Pn Jkt.Sel? This research employs a descriptive-analytical approach. The type of research used in this study is normative legal research, which relies on secondary data. The research method used is library research, involving a review of various sources such as court decisions, journals, expert opinions, scholarly articles, and other readings. Insurance companies committing breaches of contract can cause significant losses for policyholders, as breach of contract refers to the failure to uphold an agreement or violate previously made commitments. The occurrence of such breaches stems from various reasons within the company, leading to their inability to fulfill their obligations to policyholders.

Legal Review Of The Criminal Act Of Fraud Study Of Decision No. 1188/PID.B/2022/PN MDN

Muhammad Miftahur Rizki Batubara — 2025-02-25

This study focuses on criminal law policies in dealing with fraud. Fraud is one of the crimes that often occur in society and is regulated in Article 378 of the Criminal Code (KUHP). This study aims to analyze the crime of fraud based on Decision No. 1188/Pid.B/2022/PN MDN. This study uses a normative legal method with a case study approach to examine how the court applies the elements of the crime of fraud in the case. The results of the study show that the court has decided this case by considering the elements of the crime of fraud as regulated in the Criminal Code. However, further analysis reveals several challenges in the application of the principle of justice, especially related to consideration of the victim's losses and the social impacts caused. This study recommends the need for improvements in aspects of law enforcement, including providing compensation to victims as a form of restorative justice.

Analysis Environmental And State Losses In Corruption Offences

Mardian Putra Frans — 2025-02-27

This research aims to discuss legal issues regarding the validity of environmental damage as an element of state loss in corruption crimes. The main objective of this research is to answer the legal issue of whether environmental damage can be categorized as an element of state loss in corruption crimes. The type of research used in this study is normative legal research, namely by examining legislation, legal doctrines, and legal principles related to the problems studied. The results show that environmental damage cannot be categorized as state losses as referred to in Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law because the aquo article must be proven by the existence of real state financial losses, not potential or estimated state financial losses. Now, law enforcement must be able to prove the value of real or actual losses to state finances or the state economy (actual loss), not only based on the value of losses that may occur (potential loss).