通过电子系统对暴力威胁进行司法分析

Iwan Setiawan, Tres Kumar, Rio Natanael Sitindaon, Graha Kusala
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引用次数: 0

摘要

信息和通信技术的进步导致了社会、经济和文化的迅速变化。信息技术目前是一把双刃剑,因为除了提高福利、进步和人类文明之外,它也是实施违法行为的有效手段。缺乏在智力和心理上准备使用信息技术的人力资源,使得信息技术的复杂性成为一种很容易被用作犯罪媒介的工具,或者影响了日常生活中新事物的诞生。本研究采用以法学角度审视所研究的问题,并以一级、二级、三级法律资料为基础,对法律法规中适用的法律规范和规定进行分析的方法。根据研究过程中收集的数据得出结论。通过电子系统即短信服务进行的暴力威胁犯罪行为的发生,具体受心理和社会因素的影响,一般是由于行为人在社会生活中缺乏法律意识而发生的。如果符合刑事责任的要素,则可以追究这些罪行的肇事者的刑事责任。对所审查的各项决定进行的研究发现,对通过短信服务进行暴力威胁的犯罪行为的行为人适用法律符合以审判事实为基础的法律程序。根据法官小组的说法,被告的行为解决了2016年第19号法律对2008年第11号信息和电子交易法第45条b修正案的内容
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Juridical analysis of violence threats through electronic systems
Rapid changes in society, the economy, and culture have resulted from the advancement of information and communication technology. Information technology is currently a two-edged sword, because, in addition to improving welfare, progress, and human civilization, it is also an effective means of committing illegal acts. The lack of human resources prepared to use information technology, both intellectually and psychologically, has made the complexity of information technology a tool that is easy to use as a criminal medium, or has influenced the birth of new things in everyday life. The approach method of reviewing the problem studied in terms of legal science and conducting an analysis of the legal norms and regulations that apply in laws and regulations based on primary, secondary, and tertiary legal materials is used in this study. to make conclusions based on the data collected during the study. The occurrence of criminal acts of threats of violence carried out through the electronic system, namely the short message service (SMS), is specifically influenced by psychological and sociological factors, and generally occurs as a result of the perpetrators' lack of legal awareness in social life. If the elements of criminal responsibility are met, criminal responsibility for the perpetrators of these crimes can be sought. The application of the law against perpetrators of criminal acts of threats of violence via short message services (SMS) was found to be in accordance with legal procedures based on trial facts in the study of the decisions examined. The defendant's actions, according to the panel of judges, settled the elements of Article 45 b  Amendments to Law No. 11 of 2008 on Information and Electronic Transactions by Law No. 19 of 2016
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