1,720,961 research outputs found

    Legal Protection for Victims of Criminal Acts of Personal Data Misuse in SIM Card Registration (Study of Decision Number 78/Pid.Sus/2024/Pn Tng)

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    The rapid development of information technology has led to a massive increase in the use of personal data, including in simple processes like SIM card registration. However, weak security systems and a lack of public awareness of the importance of personal data protection have given rise to various crimes, including the misuse of personal data. Unlawful acts inevitably result in victims whose rights have been violated. Cases of personal data misuse are frequent and problematic for many sectors of life. The law, as a vital player in ensuring justice, serves as the primary solution to address these issues. Reviewing legal incidents, this study aims to analyze the forms of legal protection for victims of personal data misuse and examine their implementation, using Decision Number 78/Pid.Sus/2024/Pn Tng as relevant research material. The research method used is a normative juridical approach, with a statutory approach and case studies. This method was chosen to examine existing laws and legal norms related to legal protection for victims of criminal acts of personal data misuse in SIM card registration. This approach is used to analyze applicable legal regulations and how they should be applied in resolving legal issues. The legal provisions regarding the crime of personal data misuse in Indonesia are outlined in several legal provisions before being more comprehensively and specifically regulated with the issuance of Law No. 27 of 2022 concerning Personal Data Protection. Legal protection for victims of criminal acts of personal data misuse can be found in Law No. 27 of 2022, the latest regulation containing comprehensive provisions on Personal Data Protection, including in SIM card registration cases. The judge, in his considerations in the reviewed decision, imposed a sentence that was in accordance with applicable provisions, although it did not fully fulfill the victim's rights due to the victim's passive position and the initiation of prosecution, which is a common offense in the crime.130 pagesSkripsi Sarjan

    The Role of the Prosecutor's Office in Efforts to Eradicate Land Mafia at Belawan District Prosecutor's

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    Land mafia is an organized crime involving various parties to illegally control land through document forgery, land grabbing, and collusion with corrupt officials. The Belawan District Attorney's Office, as a law enforcement institution, has a strategic role in eradicating land mafia in accordance with the mandate of the Attorney General's Circular Letter Number 16 of 2021. This research examines three main issues: First, how legal regulations govern the authority of the Belawan District Attorney's Office in addressing land-related crimes. Second, how the prosecutor's office plays its role in handling land-related crimes. Third, what obstacles exist and what resolution efforts are made in eradicating land crimes committed by land mafia. The research method used is normative legal research with a statutory approach and case approach. Data collection was conducted through literature study of laws and regulations, official documents, publications, and research results. Data analysis uses a qualitative approach with the framework of legal system theory, law enforcement theory, and legal certainty theory. Research findings show that the authority of the Belawan District Attorney's Office is based on comprehensive laws and regulations. The Prosecutor's role is realized through the establishment of the Land Mafia Eradication Team coordinated by the Intelligence Division involving all divisions (General Crimes, Special Crimes, Civil and State Administration, Military Crimes) with systematically implemented handling mechanisms. The complexity of obstacles faced and resolution efforts are carried out through a three-pillar approach: pre-emptive, preventive, and repressive.153 PagesTesis Magiste

    Implementation of Sema No. 4 Of 2011 on Criminal Punishment of Justice Collaborators in Corruption Criminal Acts (Analysis of District Court Decision Number 65/Pid.Sus-Tpk/2023/PN.Jkt.Pst and High Court Decision Number 58/Pid.Sus-Tpk/2023/PT Dki)

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    Corruption is categorized as an extraordinary crime because it is carried out systematically, complexly and planned by state officials. As time goes by, ti uncoer cases of criminal acts of corruption, investigators often collaborate with perpetrators who are used as witnesses to provide information and fact regarding the corruption incidents that occurred. Witnesses who know directly and are directly involved in the case and dare to reveal the incident are called Justice Collaborator. The problems of this thesis are how to regulate criminal acts of corruption according to Indonesian criminal law, what is the role of the Justice Collaborator in criminal acts of corruption, how is the punishment of the Justice Collaborator in the Central Jakarta Distrik Court Decision Number 65/Pid.Sus Tpk/2023/Pn.Jkt.Pst and Jakarta High Court Decision Number 58/Pid.Sus Tpk/2023/Pt.Dki from a SEMA perspective number 4 of 2011. This research is descriptive in nature using normative legal research methods with a statutory approach and a case approach, the data used is secondary data through library study data collection techniques with qualitative analysis methods. The results of this research are that criminal acts of corruption are Regulated In The Criminal Code (KUHP), as well as Regulated In Law Number 20 Of 2001 Concerning Amendements To Law Number 31 Of 1999 Concerning The Eradication Of Corruption Crimes. In terms of the role of the Justice Collaborator in disclosing criminal acts of corruption, it is to provide information to law enforcement officials through testimony in the judicial process. Defferences in the judge‟s considerations in sentencing in Decision Number 65.Pid.Sus Tpk/2023/Pn.Jkt.Pst, where the panel of the judges in their considerations rejected the defendant‟s application as a witness to the perpetrator (Justice Collaborator). The panel of judges did not consider that criminal acts of corruption are organized crime, which law enforcers often experience when exposed. Meanwhile, in Decision Number 58/Pid.Sus-Tpk/2023/Pt.Dki, the judge reconsidered the defendant as a Justice Collaborator, where the judge, guided by SEMA regulations, appreciated or rewarded the defendant‟s testimony by giving the defendant a reduced prison sentence.157 PagesSkripsi Sarjan

    Analysis of Evidence Regarding Obstruction of the Investigation Process in Corruption Crimes (a Study of Decision Number : 71/Pid.Sus-Tpk/2023/Pn Sby)

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    Corruption is one of the national problems. Criminal acts of corruption usually occur in a long vulnerable period of time. The perpetrators are people who have high authority and position. With the vulnerability for a long time, it cannot be denied that there should be a suspicion of the supervisory body in the government sector or when there is a suspicion, there are parties who help to remove the evidence and disguise it. In the decision number: 71/Pid.Sus-TPK/2023/PN Sby the defendant Laurenzius Sembiring took an act to obstruct the investigation in the case of Corruption Crimes. In the decision, the defendant made a scenario so that the client he accompanied could avoid the legal trap. Based on the description, this research will discuss the rule of law and the form of grouping of corruption crimes, then about the proof of criminal acts that hinder the investigation process in criminal acts of corruption and how the judge considers the decision number/ 71/Pid.Sus-TPK/PN Sby. The type of research used in writing this thesis is normative juridical by using secondary data sources obtained from primary legal materials, namely laws and regulations, invitations, secondary legal materials such as books, journals, and articles, as well as tertiary legal materials, namely the big Indonesian dictionary (KBBI) and others. The data collection method used is a literature study with document study data collection tools. Then the data obtained will be analyzed with qualitative analysis. The results of this study show that the judge in proving the defendant's actions is based on the theory of proof based on the law negatively which is in accordance with Article 183 of the Criminal Code. In proving the criminal act, the evidence as stated in Article 184 paragraph 1 of the Criminal Code has been fulfilled. So that in sentencing the defendant, the judge has given legal considerations that are acceptable and do not contradict the existing legal rules.144 PagesSkripsi Sarjan

    The Position of Living Law as a Legal Institution in Law No. 1 of 2023 Concerning The Criminal Code

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    Every nation has a foundation for punishing those who violate its norms, commonly codified in the Criminal Code, which governs criminal acts, investigation and prosecution processes, and stipulations for criminal offenses. As an archipelagic state, Indonesia embraces diverse customs and cultures, resulting in various customary laws. According to the Indonesian Constitution, customary law is recognized and respected as part of Indonesia's legal system. In 2023, Indonesia enacted a new Criminal Code reflecting its cultural and societal values, distinctfrom the colonial-era Criminal Code. This change raises issues regarding its implementation, particularly the integration of customary law into the prevailing positive legal framework, which may lead to conflicts between the two systems. This research focuses on these challenges. The study adopts normative legal research methods with a statutory, conceptual, and comparative approach. The primary legal materials include the 1945 Constitution of the Republic of Indonesia, Law No. I of 2023 on the Criminal Code, and secondary legal materials •such as literature supporting the primary sources obtained through library research. The findings reveal that customary law can be applied when elements or offenses in existingpositive law do not cover certain actions. Customary law serves to fill legal gaps in cases ofunregulated offenses. Moreover, during the investigation and prosecution stages, offenders may be subject to customary law before being subjected to applicable positive law.130 PagesTesis Magiste

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed

    Variations on the Author

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    “Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship

    Appropriate Similarity Measures for Author Cocitation Analysis

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    We provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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