{"title":"Carding Crime in Makassar City: Juridical Review As an Issues of Cybercrime","authors":"Muh. Fandi Nursalam, Ashar Sinilele, Istiqamah","doi":"10.24252/aldev.v6i1.22387","DOIUrl":"https://doi.org/10.24252/aldev.v6i1.22387","url":null,"abstract":"This study analyzes the juridical review of carding crime in Makassar City as part of cybercrime. The purpose of this study is to provide scientific benefits in the field of legal studies as well as provide practical and academic input for authors and interested parties to understand the criminal law arrangements against carding crimes and countermeasures. The research method used is the method of normative juridical literature, referring to legal norms in legislation, literature, expert opinions, and papers. The results showed that the laws that are the focus of the study are Law No. 19 of 2016 on amendments to Law No. 11 of 2008 on information and electronic transactions, as well as the Criminal Code (KUHP).","PeriodicalId":202916,"journal":{"name":"Alauddin Law Development Journal","volume":"80 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140376250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Protection of Human Rights for Minors Against Acts of Sexual Abuse","authors":"Arfah Tjolleng, Muhammad Fachri Said","doi":"10.24252/aldev.v6i1.44748","DOIUrl":"https://doi.org/10.24252/aldev.v6i1.44748","url":null,"abstract":"The state's unequivocal responsibility to safeguard children as victims of violence, particularly sexual abuse, is imperative due to their pivotal role in future development. The study method used the normative way. The research findings aim to serve as a guide for crafting policies aligning with national law, contributing positively to legal science by addressing material and formal legal aspects, as well as enhancing victim protection and recovery. The prevalence of unsettling acts of sexual harassment underscores a pressing need for vigilant attention. Child victims of sexual violence endure profound psychological impacts, ranging from mild to severe trauma, leading to a loss of self-confidence, shame, and, tragically, suicide in some cases. This study delves into child protection policies in Makassar, Indonesia, scrutinizing shortcomings in addressing sexual crimes against minors. Therefore, legal innovations for enhanced handling of such cases, ensuring justice for the victims and fostering societal balance are needed.","PeriodicalId":202916,"journal":{"name":"Alauddin Law Development Journal","volume":"23 25","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140375573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Surahman, Abdul Wahid, Irzha Friskanov S., Widyatmi Anandy
{"title":"Application of Good Governance Principles in Land Registration Service in Parigi Moutong","authors":"Surahman, Abdul Wahid, Irzha Friskanov S., Widyatmi Anandy","doi":"10.24252/aldev.v6i1.43330","DOIUrl":"https://doi.org/10.24252/aldev.v6i1.43330","url":null,"abstract":"The purpose of this article is to determine and analyze the application of good governance principles in land registration services in Parigi Moutong Regency. The findings showed that the law that covers the land certificate policy states that land can be owned by people either alone or jointly with other people and legal entities. By using empirical juridical research methods and using the theory of the rule of law and general principles of good governance as well as identifying with legal and conceptual approaches. It is concluded that the implementation of good governance in the performance of land registration public services in Parigi Moutong based on regulations can be measured through the elements of productivity, responsiveness and accountability. The element of responsiveness to the implementation of BPN Parigi Moutong's performance still has a less than optimal attitude towards parties applying for land permits.","PeriodicalId":202916,"journal":{"name":"Alauddin Law Development Journal","volume":"95 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140377538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Application of Criminal Offenders Misuse of National Identification Numbers for Phone Card Registration in Makassar City","authors":"Sri Buyung, Marilang, A. Kahfi","doi":"10.24252/aldev.v6i1.22403","DOIUrl":"https://doi.org/10.24252/aldev.v6i1.22403","url":null,"abstract":"The research aims to investigate the protection of privacy rights for SIM card users under the registration system and identify obstacles faced by individuals misusing others' National Identification Numbers (NIK) without consent. This study employs a combination of normative legal research and empirical legal research, focusing on telecommunications businesses in Makassar City, South Sulawesi Province. Data collection involves primary and secondary sources. The findings indicate that despite the absence of specific laws on starter pack registration, Indonesian citizens are protected by constitutional, administrative, ITE (Information and Electronic Transactions), and personal data protection laws. However, obstacles exist in enforcing criminal offenses related to NIK misuse, including outlet registration by actors lacking buyer identities due to fierce competition and public preference for instant solutions without considering the consequences of using others' NIK for SIM card registration.","PeriodicalId":202916,"journal":{"name":"Alauddin Law Development Journal","volume":"8 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140374882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Efforts to Combat Criminal Acts of Unlicensed Cosmetics Distribution in Makassar City","authors":"Sutiawati, Jasmaniar","doi":"10.24252/aldev.v6i1.45608","DOIUrl":"https://doi.org/10.24252/aldev.v6i1.45608","url":null,"abstract":"This empirical legal research aims to investigate the causes of crimes related to the circulation of cosmetics without distribution permits in Makassar City and propose countermeasures. Conducted at the Sub Directorate 1 of Trade Industry of the Special Criminal Investigation Directorate of South Sulawesi Police and the Makassar Food and Drug Monitoring Center (BPOM), the study utilizes primary data gathered through informant interviews and secondary data from various sources like laws, regulations, and research findings. Factors contributing to these crimes include inadequate supervision, high permit costs, slow processing, aggressive marketing, competitive pricing, and the allure of fast cosmetics. Countermeasures involve Pre-Emptive, Preventive, and Repressive strategies. However, obstacles such as insufficient witness participation, difficulty accessing expert assistance, limited investigator resources, budget constraints, and inadequate infrastructure hinder these efforts.","PeriodicalId":202916,"journal":{"name":"Alauddin Law Development Journal","volume":"114 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140380032","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ambivalence in The Regulation of Indigenous Peoples' Rights in Indonesia's Legal Hierarchy","authors":"Andika Prawira Buana, Muhammad Arsy","doi":"10.24252/aldev.v6i1.44923","DOIUrl":"https://doi.org/10.24252/aldev.v6i1.44923","url":null,"abstract":"The recognition and protection of indigenous peoples in Indonesia remain uncertain due to the absence of ratified laws specifically addressing their rights. This lack of legal instruments undermines their recognition and protection, leading to uncertainty regarding their traditional rights. This article aims to identify potential arrangements for derivative regulations to address this gap. Normative legal research, employing a legislative and conceptual approach, was utilized. The findings suggest that while legal recognition of indigenous peoples exists in various laws, regional regulations tailored to local conditions are necessary. However, there's no consensus on which regulations should serve as the basis for these regional laws. Recommendations propose that the Agrarian Law, Human Rights Law, Village Law, and Job Creation Law could inform regional regulations to recognize, protect, and fulfill the traditional rights of indigenous peoples, thereby mitigating dualism of authority.","PeriodicalId":202916,"journal":{"name":"Alauddin Law Development Journal","volume":"112 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140380533","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Review of Juridical and Criminological The Crime of Horrible Bodily Damage","authors":"Muh. Iqbal Ameth, Hamsir, Fadli Andi Natsif","doi":"10.24252/aldev.v6i1.22532","DOIUrl":"https://doi.org/10.24252/aldev.v6i1.22532","url":null,"abstract":"This study aims to examine the application of material criminal law related to the crime of grievous bodily harm and the consideration of judges in determining criminal sanctions against perpetrators. Conducted in the Makassar District Court with a qualitative approach using the interview method. The results showed that the panel of judges in certain cases found the defendant guilty in accordance with Article 351 of the Criminal Code, based on the facts of the trial such as witness statements and evidence. Although the judge's decision tends to judicial considerations without specifying the background of the subjective consideration, the sanctions imposed are in accordance with the law, although they are lower than the prosecutor's demands.","PeriodicalId":202916,"journal":{"name":"Alauddin Law Development Journal","volume":"63 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140378143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Justice for the Parties to the Standard Agreement Relating to the Freedom Contract Principle","authors":"Nadia Aurynnisa Prihandini, Ery Agus Priyono","doi":"10.24252/aldev.v6i1.45452","DOIUrl":"https://doi.org/10.24252/aldev.v6i1.45452","url":null,"abstract":"This research investigates the considerations necessary for creating a fair standard contract and implementing the principle of freedom of contract. A standard contract, typically drafted by one party with predetermined terms, is crucial in commercial transactions. Despite the principle of freedom of contract, ensuring fairness for all parties involved remains a challenge. The method employed is normative juridical research, utilizing secondary data sources. The findings showed that the standard contracts may not violate the principle of freedom of contract outlined in Article 1320 and Article 1338 of the Civil Code, conflicts may arise, particularly due to restrictive clauses like exoneration clauses. Parties have the right to review the contract and accept or reject its terms. However, disparities persist in standard contract formation, highlighting the need for further examination of their fairness and compliance with legal principles","PeriodicalId":202916,"journal":{"name":"Alauddin Law Development Journal","volume":"41 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140378359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Development of The Child Inmates of Drug Cases in The Institute of Coaching Special Children","authors":"Waldi, St. Nurjannah, Jumadi","doi":"10.24252/aldev.v6i1.22338","DOIUrl":"https://doi.org/10.24252/aldev.v6i1.22338","url":null,"abstract":"This study aims to analyze the child development system of narcotics cases in children's special training institutions (LPKA) in Maros Regency and identify the inhibiting factors in the implementation of coaching in the LPKA. The method used normative way. The results showed that the coaching system for narcotics students in LPKA is not specifically structured, and lack of attention to special cases such as narcotics. Children who enter LPKA generally do not receive rehabilitation before, even though this is required by Law Number 35 of 2002 concerning child protection. Other inhibiting factors include the lack of faculty to provide formal education and special assistance to children involved in narcotics cases. In this context, the improvement of the coaching system and handling of narcotics cases in LPKA needs to be improved to provide more effective protection and coaching for students.","PeriodicalId":202916,"journal":{"name":"Alauddin Law Development Journal","volume":"122 45","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140378642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Effectiveness of The Indonesian Ombudsman in Managing The Administration during The Covid-19 Pandemic","authors":"Nurwaqiah Ismail, Andi Safriani, Abd. Rais Asmar","doi":"10.24252/aldev.v6i1.22414","DOIUrl":"https://doi.org/10.24252/aldev.v6i1.22414","url":null,"abstract":"This study aims to evaluate the effectiveness of the Ombudsman in handling cases of maladministration in the midst of the Covid-19 pandemic and identify obstacles and efforts in the handling process. Through a qualitative approach with primary and secondary data sources, the results showed that the effectiveness of handling maladministration by the Ombudsman of the Republic of Indonesia representing South Sulawesi decreased during the pandemic. This was due to the adoption of the Work from Home Policy and the implementation of the PSBB, which resulted in delays in the completion of the report. The Ombudsman took steps such as requesting written clarification from the reported Party and opening a Covid-19 complaint post in an effort to make it easier for the public to report suspected maladministration without having to interact directly to prevent transmission of the virus.","PeriodicalId":202916,"journal":{"name":"Alauddin Law Development Journal","volume":"103 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140380957","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}