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Analytics

Laksito, Joni; Karisma, Dian; Hartono, Budi

Jaksa : Jurnal Kajian Ilmu Hukum dan Politik 2024 Universitas Sains dan Teknologi Komputer

This study analyzes the legal challenges and opportunities surrounding cryptocurrency regulation in Indonesia. With the rising popularity of digital assets, the Indonesian government has introduced a regulatory framework through the Commodity Futures Trading Regulatory Agency (BAPPEBTI), Bank Indonesia (BI), and the Financial Services Authority (OJK) to manage cryptocurrency trading and mitigate associated risks. The research uses a qualitative descriptive-analytical approach, examining primary data from regulatory documents and secondary data from international regulatory frameworks, to highlight the complexities of implementing an effective regulatory structure. Findings reveal that while Indonesia's restrictive regulations protect financial stability, they limit broader adoption and innovation in the digital economy. Comparisons with Japan and the European Union suggest that a more flexible regulatory approach could balance consumer protection with digital innovation. This study recommends public education and regulatory adaptation to respond dynamically to the fast-evolving cryptocurrency market.

Laksito, Joni; Idris, Maulana Fahmi; Waryanto, Agus

Hakim: Jurnal Ilmu Hukum dan Sosial 2024 Fakultas Hukum, Universitas Sains dan Teknologi Komputer

The digital era has significantly increased the complexity of cross-border crimes, particularly cybercrime, which poses substantial challenges for countries, including Indonesia. With a reported rise in cross-border cybercrime incidents of over 50% in the last five years, Indonesia faces critical legal and technical hurdles in combating such threats. This study explores the rights and obligations of states in addressing cross-border cybercrime, focusing on comparing Indonesia's legal framework with international standards, specifically the Budapest Convention. Employing a normative analytical method, this research examines international and national legal documents to identify gaps and evaluate the alignment of Indonesia's cybercrime regulations with global standards. Key findings reveal that Indonesia's cybercrime policies lack mandatory international cooperation mechanisms and are limited to national jurisdiction, which restricts the country’s ability to effectively address cybercrimes involving foreign perpetrators. In contrast, the Budapest Convention emphasizes structured international collaboration, robust privacy protections, and flexible jurisdictional arrangements, providing a comprehensive framework for managing transnational cyber threats. The study concludes that harmonizing Indonesia’s regulations with international standards, such as the Budapest Convention, is essential for improving the nation's capacity to combat cross-border cybercrime. Recommendations include enhancing legal frameworks to mandate international cooperation, establishing specialized units within law enforcement agencies equipped with advanced digital forensic tools, and strengthening privacy protections to align with global norms. This research contributes to the discourse on international cybercrime management by offering practical strategies to bridge regulatory gaps and bolster Indonesia’s position in global cybersecurity collaborations. The findings underscore the urgency for policy reform to address the evolving challenges of digital threats in an interconnected world.