relation: https://digilib.uin-suka.ac.id/id/eprint/49499/
title: ANALISIS PUTUSAN TERHADAP SANKSI PIDANA PELAKU TINDAK  PIDANA CARDING   (Studi Putusan No. 597/Pid.Sus/2018/PN. Mlg dan Putusan No.  2322/Pid.B/2019/PN. Sby)
creator: AULIA NUR RAHMA, NIM. 17103040010
subject: Ilmu Hukum
description: Carding is categorized as Cyber Crime. It is specifically regulated in Law Number  11 of 2008 concerning Information and Electronic Transactions. Carding is very  disturbing crime because the perpetrator uses the internet so that it is difficult to  detect and investigate sequentially. So the perpetrator is threatened by severe  sanctions based on ITE Law, it uses to provide a deterrent effect and prevent the  same case occur. The carding crime committed by the perpetrators trigger the  decision No. 597/Pid. Sus /2018/ PN.Mlg and decision No.  2322/Pid.B/2019/PN.Sby. The judges imposed criminal sanctions using different  articles, namely Article 46 paragraph (1) and Article 48 paragraph (1). Indeed, this  study analyzes the two decisions regarding acts without rights and against the law  accessing computers and or electronic documents belonging to other people with  the aim of obtaining information and or electronic documents in any way. Then, it  is also considered the terms of Formal Aspects, Material Aspects, Philosophical  Aspects of Decision Making, and Reasoning Aspects. Law.    This study used a type of library research and descriptive-analytic using a  juridical-normative approach. The data in this study were strengthened by the  results of direct interviews with judges from the Malang District Court and  Surabaya District Court judges.    The research result on Decision No. 597/Pid. Sus /2018/ PN. Mlg and  decision No. 2322/Pid.B/2019/PN.Sby is concluded several conclusion. First, from  a formal perspective, these two decisions have fulfilled all aspects that must be  included in the decision and are supported by valid evidence. Second, in terms of  the material aspect, the judge in the Malang District Court decision is right in  choosing the article that is in accordance with the defendant's actions, while the  Surabaya District Court judge has not chosen the right article in accordance with  the defendant's actions. Third, in terms of the Philosophical Aspects of Sentencing,  the difference in determining the articles of the two decisions is affected the ITE  Law that does not specifically regulate the articles that should be used for the crime  of carding. So, there are inconsistencies in determining the articles regarding the  carding crime act. Fourth, related to the Legal Reasoning Aspects, the panel of  judges in the Malang District Court decision has shown coherence in reasoning,  while the panel of judges in the Surabaya District Court decision is not balanced  because the panel of judges tend to focus on witness statements but does not pay  attention to the information given by the defendant
date: 2022-01-26
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/49499/1/17103040010_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/49499/2/17103040010_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf
identifier:   AULIA NUR RAHMA, NIM. 17103040010  (2022) ANALISIS PUTUSAN TERHADAP SANKSI PIDANA PELAKU TINDAK PIDANA CARDING (Studi Putusan No. 597/Pid.Sus/2018/PN. Mlg dan Putusan No. 2322/Pid.B/2019/PN. Sby).  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.