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Nurmin K. Martam

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Digital transformation has brought significant changes in various aspects of life, including in the realm of law, especially civil contracts. Electronic signature is one of the important innovations that offer efficiency, flexibility, and convenience in contract transactions in the digital era. This research aims to examine the effectiveness of the use of electronic signatures in civil contracts, especially in terms of legal validity, security, and acceptance by the public and business actors. The results show that electronic signatures in Indonesia have been legally recognized based on Law Number 19 of 2016 amending Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law). However, while e-signatures have great potential to speed up the contracting process, several challenges remain, such as security concerns and resistance among small and medium-sized enterprises (SMEs). Security issues are a major concern, given the risk of cybercrime such as hacking and digital identity forgery. In addition, low digital literacy in the society hinders the widespread adoption of e-signatures.

Imelia Damai Agusthin; Dinda Christy Nada; Nadia Ananda Putri

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The digitalization of the banking sector, driven by the Fourth Industrial Revolution, has significantly impacted the ease of financial transactions through digital banking services. However, this progress also creates vulnerabilities to cybercrimes, particularly phishing, which aims to steal customers' personal data via fake websites or messages. This article examines relevant legal frameworks, including Law No. 19 of 2016 on Electronic Information and Transactions (EIT Law), the Indonesian Criminal Code (KUHP), and regulations issued by the Financial Services Authority (OJK), such as POJK No. 12/POJK.03/2018 on Digital Banking Services. Employing a normative qualitative approach, the study explores the legal protection available to customers as phishing victims and the responsibilities of banks in preventing and addressing such threats. This article recommends strengthening banks' technological security systems, enhancing customers' digital literacy, and enforcing laws more effectively to establish secure and reliable digital banking services.  

Murshal Senjaya

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The legal framework has significant potential to address cybercrime with the help of Artificial Intelligence (AI), which increases the efficiency of detecting, investigating and prosecuting increasingly sophisticated cybercriminals. This technology can perform big data analysis, pattern recognition and identification of suspicious behavior, but the legal framework needs to be updated to cover new crimes such as AI-based fraud and automated cyberattacks. The challenges in law enforcement related to the misuse of AI are quite complex, especially due to the lack of specific regulations to regulate its use in the context of cybercrime. Existing regulations often do not cover new situations, thus reducing the effectiveness of law enforcement. To overcome these challenges, legislators need to update regulations and develop ethical guidelines, while international collaboration and capacity building of law enforcement through education and training are also essential to increase the effectiveness of handling cybercrime.

Reno Rahmadiansyah Srg

Merkurius : Jurnal Riset Sistem Informasi dan Teknik Informatika 2024 Asosiasi Riset Teknik Elektro dan Informatika Indonesia

The rapid advancement of information and communication technology has significantly impacted the lives of children and adolescents. While social media offers numerous benefits, its irresponsible use can lead to risks of personal data abuse and cybercrime. This study aims to develop smart and wise internet skills in social media for children and adolescents as an effort to protect personal data and prevent cybercrime. The research employs a qualitative approach with case studies in schools. The findings indicate that proper digital literacy education can enhance awareness among children and adolescents regarding existing risks and equip them with skills to use social media safely. This recommendation is crucial to be implemented in the educational curriculum to create a safer and more responsible generation in using technology.

Zulfa Ar Rahman

Merkurius : Jurnal Riset Sistem Informasi dan Teknik Informatika 2024 Asosiasi Riset Teknik Elektro dan Informatika Indonesia

The utilization of information technology in digital literacy education has become increasingly important due to the growing threat of cybercrime. This research aims to analyze the impact of digital literacy education on improving data security and preventing cybercrime within the community. Using a qualitative approach, this study identifies the role of information technology in raising public awareness and understanding of the importance of protecting personal data online. The findings reveal that digital literacy education, supported by information technology, can significantly reduce the risk of cybercrime. Communities that are educated in digital literacy are better equipped to face cybersecurity challenges and safeguard the integrity of their data. This education also provides practical guidelines for using digital devices safely and ethically.

Qanita Fakhira; Valencia Lie; Shofie Nailasachi Puspadristia; Nurhidayah Muhcti; Nazila Rizka Hidaya +1 more

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Electronic Fund Transfer is a fund transfer method that is often used because it saves time and costs. However, along with the development of Information and Communication Technology, this method is becoming increasingly vulnerable to cybercrime due to its implementation using electronic systems. In 2021, Oleksandr Chuiko, Maryna Kahalnytska, and Andrei Turskiy stole electronic information from Bank BRI ATM cards and transferred the data to World Elite ATM cards. This action violated Article 81 of the Transfer of Funds Act and Article 35 of the Electronic Information and Transactions Act. The main charge in this case, Article 81 of the Transfer of Funds Act, has sparked debate due to the defendants use of computer technology regulated by the Electronic Information and Transactions Law.

Ahmad Zulqarnain Hasibuan; Syaiful Asmi Hasibuan

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Knowing how legal remedies are in the use of social media, social media has become a phenomenal and inseparable need for the Indonesian people. Some of the features possessed by social media include uploading statuses, sharing news pages, chatting, audiovisual communication and other features. Even though all people's behavior on social media platforms has been regulated by law, criminal acts as cybercrime still occur. Cybercrime is an unusual form of crime, in fact this crime can not only harm society, but can cause losses, and the peak can even destroy a country. This information age is often referred to as the digital revolution through technological developments and the development of communication tools. The internet is an information and communication technology that is most often encountered in human activities. The internet is one for surfing in cyberspace without any restrictions, a network that is very easy to access. The Criminal Procedure Code (KUHAP) and the Law on Information and Electronic Transactions (UU ITE), namely Law Number 19 of 2016 Amendments to Law Number 11 of 2008 have been applied to cyber crime.

Muh Fadli Faisal Rasyid

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to provide a comprehensive understanding of cybercrime and to propose actionable strategies that strengthen law enforcement's response in an increasingly digital world. The study systematically analyzes existing legal frameworks and enforcement strategies to assess their efficacy in addressing these complex crimes. It highlights the gaps in legislation and the limitations of current technological capabilities that hinder effective law enforcement. By addressing these challenges collaboratively, law enforcement can enhance its effectiveness in safeguarding society against the evolving landscape of cyber threats. Enforcement agencies in combating it. It examines the types of cybercrimes prevalent in the digital era, including hacking, identity theft, and online fraud. The study evaluates the effectiveness of current legal frameworks and law enforcement strategies in addressing these crimes. Additionally, it proposes solutions to enhance collaboration between international agencies, improve technological capabilities, and raise public awareness about cyber threats, aiming to strengthen the response to cybercrime. Additionally, raising public awareness about cyber threats is crucial for prevention. The research advocates for educational campaigns that inform citizens about the risks and protective measures related to cybercrime.

Putri Arabella; Linda Tri Wahyuni; Viona Salsabila Avrilyanti; Laksita Sahda Nariswari; Tb. Azril Al Dzikra +2 more

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research discusses the negative impact of the internet on society, especially related to cases of sexual violence and revenge porn. Through a descriptive qualitative approach with secondary data analysis, this research highlights a tragic case in Pandeglang, Banten, where a female student, IAK, became a victim of rape and distribution of revenge pornographic content by her ex-boyfriend, Alwi Husein Maolana. This case reflects the complexity of the challenges in dealing with sexual violence in cyberspace, where victims face various forms of physical and psychological violence, as well as threats and blackmail. Even though the perpetrator was punished under the Information and Electronic Transactions Law (UU ITE), there is the potential to charge him with other articles related to sexual violence, rape and coercion. These findings emphasize the need for comprehensive and fair law enforcement in dealing with cybercrime and sexual violence, as well as the importance of deeper awareness and understanding of related legal concepts to protect victims and punish perpetrators appropriately. Thus, this research provides valuable insight into the need for legal reform and public awareness in addressing the negative impact of the internet on sexual violence.

Edward Haryadi

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Internet users in Indonesia are increasing, in 2021 the development of Internet use is increasing rapidly as many as 7,000 samples come from Indonesia and all provinces in Indonesia and is growing from 8.9% to 73.7%, equivalent to 196.7 million internet users. Internet use is mostly used for social media such as Instagram. However, not all Instagram users can use Instagram wisely, so many cases of cyber crime still occur in Indonesia. So this research will discuss how law enforcement deals with cybercrime by manufacturers who employ endorsements to promote illegal cosmetics via Instagram. Using normative research methods activities that will examine internal aspects (to solve problems that exist within) positive law. For cases that occur, law enforcement can be applied such as imposing criminal sanctions as explained in the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions Article 9 in conjunction with Article 62 paragraph 1 of the Law Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection which reads Business actors who violate the provisions referred to in Article 8, Article 9, Article 9, Article 10, Article 13 paragraph (2), Article 15, Article 17 paragraph (1) letter a , letter b, letter c, letter e, paragraph (2), and article 18 shall be punished with imprisonment for a maximum of 5 (five) years or a fine of up to Rp. 2,000,000,000.00 (two billion rupiah). Suggestions that consumers are obliged to report if a case like this occurs so that the implementation in law enforcement will run smoother and be eradicated quickly, similar cases will no longer exist.  

Devi Vanessa Armi Putri; Khanza Aoera Dievana

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

The purpose of this article is to examine the criminal hoax law in Indonesia and the gaps in the state’s efforts to combat criminal hoaxes. Hoax news refers and points to a situation that is currently being discussed, the more people are triggered, the more aggressively the news is spread. In order to overcome the problem of cybercrime that is growing rapidly in Indonesia, the government made a legislation that specifically regulates cyberlaw which is realized in Law Number 11 of 2008 concerning Electronic Information and Transactions Law. “Law No. 11 of 2008”  is one of the efforts to overcome cybercrime juridically and emperically, even though “ Law No. 11 of 2008” does not only discuss the issue of obscene or pornographic sites, buat also regulates the rules of electronic transactions which are the legal umbrella in cyberlaw rules in Indonesia. The conclusion of this research is thatm normatively, hoaxes are different from criticism and the restrictions on hoaxes in the Criminal Code and ITE Law are explicit. Since criticism is an important component of democratic life, ending democracy also means ending the practice of criticsm. The political aspects that control the structure of the Indonesian state make it difficult for the law to operate in an orderly fashion, which presents challenges for law enforcement agencies trying to combat the crime of hoaxes.

Amanda Fitria Najwa; Aqila Husna; Aqila Husna

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

This journal discusses the influence of the development of information technology which cannot be separated from the existence of jurisdiction, which jurisdiction is effective or not in its implementation, so it must be discussed how this jurisdiction can be effective in its implementation, the existence of the ITE Law can pave the way for law enforcement in cyber crime because in the ITE Law, sanctions can be applied to both Indonesian citizens themselves and foreign citizens who commit cyber crime and harm the Indonesian state, however, to carry out legal actions with foreign actors, it must be ensured that the country also has regulations regarding cybercrime, and the ratification of Indonesia's ability to apply for the extradition of perpetrators will be stronger.    

Dian Rosita; Endang Setyowati; Suwandoko Suwandoko

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

General elections (elections) are a benchmark for the success of democracy for countries that adhere to democratic principles such as Indonesia. The large number of hoax issues surrounding the election that are spread via social media are often considered cybercrime or cybercrime. Meanwhile, criminal law is currently developing discussions about Restorative Justice, which offers forms of settlement with the aim of fulfilling the wishes of the parties with a win-win solution. The legal issue analyzed in this research is how restorative justice policies apply in enforcing the law against perpetrators of spreading fake news (hoaxes) related to elections on social media to see the possibility of using alternative dispute resolution for election violations, especially at the police level. The method used in this research is normative juridical, using literature study and a statutory and regulatory approach related to the legal issue being discussed. This research shows that the Restorative Justice Policy against perpetrators of spreading fake news (hoaxes) taken by the Police is carried out to create a clean, healthy and productive Indonesian digital space so as not to give rise to diversity in investigative administration and differences in interpretations of investigators and irregularities must be carried out in a persuasive, educational manner. so that there is no suspicion of criminalization in the criminal act of spreading fake news (hoax) against the perpetrator or in other words the person being reported. 

Setyo Prihanto; Ahmad Hasan Muzaky; Bima Widhi Yuliantoro

International Journal of Economics and Accounting 2024 International Forum of Researchers and Lecturers

Financial fraud has become a persistent issue with the rise of online transactions and digital platforms. This paper explores the evolving role of forensic accountants in identifying and preventing fraud in the digital age. Through case studies and recent examples of financial crimes, the study evaluates the effectiveness of forensic accounting techniques such as data analytics, digital forensics, and cyber risk assessment. The paper also discusses the regulatory landscape and suggests strategies for improving fraud detection through technological innovation in accounting.

Aina Aurora Mustikajati; Sulistyanta Sulistyanta

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Cybercrime is a criminal act using computer technology which will increase in 2022 based on data from the National Police Bareskim, namely around 8,831 cases. The crime of fraud online or via electronic media, namely fraud at online social gatherings. Fraud is generally regulated in Article 378 Book II Chapter XXV of KUHP which has changed with the enactment of Undang-Undang Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana (or known as the KUHP Nasional) in Article 492 Chapter XXVII concerning Criminal Acts of Fraud and specifically in Article 28 paragraph (1) of concerning Undang-Undang Nomor 1 Tahun 2024 tentang Perubahan Kedua Atas Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik regarding electronic transaction fraud. This research uses normative legal research methods with a statutory approach and case studies on online social gathering fraud cases. The research results show that criminal liability in cases of online social gathering fraud according to the Information and Electronic Transactions Law must fulfill the elements of the article: setiap orang; dengan sengaja; mentransmisikan Informasi Elektronik dan/ atau Dokumen Elektronik; berisi pemberitahuan bohong atau informasi menyesatkan; yang mengakibatkan kerugian materiel bagi konsumen dalam Transaksi Elektronik. The aim of criminal law is to make the defendant realize his mistake and prevent him from repeating the crime he committed.

Dhini Dwi Aprilia; Edy Soesanto; Diah Sekar Arum

Jurnal Riset dan Publikasi Ilmu Ekonomi 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

In an era of rapid digital transformation, Indonesia faces major challenges in ensuring security, privacy and compliance are maintained. With increasing cyber threats in the country, BSSN and the Government must be more careful about potential large-scale security breaches and must prioritize building strong defense mechanisms to protect Indonesia's digital assets. Therefore, Cyber Security is the main pillar for the progress and sustainability of Indonesia's digital transformation. Then, legal provisions were issued in the form of Criminal Code Legislation and ITE Law no. 11 of 2008. The research method used in writing this article uses a qualitative method with a literature study approach. This research aims to provide an explanation regarding the compilation of national values originating from the 1945 Indonesian Constitution (UUD 1945) and the Unitary State of the Republic of Indonesia (NKRI) regarding security management. Specifically, this research examines the role of security management in dealing with cybercrime and strengthening digital defenses. It is hoped that the results of this research can be used as a reference for further research in increasing readers' insight and knowledge regarding the theme of this article.

Ria Ermina Purba; Dewi Maharani; M. Akbar Adjiguna BMY; Raudatul Zahra Al Zahra

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The rapid development of information and communication technology has created a complex virtual environment known as cyberspace.  In this digital era, cyberspace has become the main arena for various activities, from communication, business, to social interaction.  However, this growth also poses serious challenges in managing these virtual spaces effectively.  The role of law is very important in responding to this challenge.  This study aims to explore the role of law in regulating cyberspace, as well as the associated challenges and opportunities.  The role of law in this context includes establishing regulations, law enforcement, and protecting individual rights in the digital environment.  The main challenges faced include the complex transnational nature of cybercrime, conflicting regulations between countries, as well as rapid legal adaptation to new technological developments.  However, there are also emerging opportunities in regulating cyberspace.  For example, the ability to apply a collaborative approach between states, the private sector and civil society in developing regulations that suit the unique characteristics of the digital environment.  Additionally, technology can also be used as a tool to improve law enforcement and empower individuals to protect their privacy and security online. This study uses a descriptive analysis approach to evaluate relevant literature and case studies in order to understand the dynamics of the role of law in regulating cyberspace. By understanding these challenges and opportunities, we can develop a more holistic and adaptive framework for governing cyberspace, thereby ensuring the sustainability and security of the digital environment in this digital era.

Zainudin Hasan; Aldi Yansah; Bagas Satria Wijaya; Rahmi Fitrinoviana Salsabila; Salsabila Brillianti Sarenc +1 more

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research aims to undergo a careful cyberlaw review of cybercrime threats and strategies for dealing with cybercrime through a literature review approach. With a focus on in-depth analysis of various relevant literary sources, this research uses literary methods to explore the legal framework that regulates criminal acts in the digital realm. The research results highlight the need for consistency and adaptation in legal regulations to strengthen effectiveness in dealing with increasingly complex and growing cybercrime attacks.

Naomi Sinclair; Jamar White

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This article explores the challenges of developing effective cybercrime legislation in the era of rapid digital transformation. By analyzing current laws across various jurisdictions, the study identifies gaps in legal frameworks that cybercriminals exploit, such as issues related to jurisdiction, anonymity, and cross-border crime. Findings indicate that, while several nations have made strides in strengthening cybercrime laws, a cohesive international approach and consistent policy updates are essential to keep pace with the evolving nature of cyber threats. The paper advocates for enhanced international collaboration, cross-border enforcement mechanisms, and adaptable legal frameworks that can respond to future digital transformations.

Sahat Maruli Tua Situmeang; Wahyudi Wahyudi; Musa Darwin Pane

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Online gambling in Indonesia has become a massive cybercrime, with financial turnover reaching IDR 976.8 trillion during 2017–2025. Behind these figures lie individual and family victims suffering material and immaterial losses, yet they are often positioned as offenders rather than protected parties. This study aims to analyze the legal framework for protecting online gambling victims, identify juridical and factual constraints in its implementation, and formulate an ideal protection model. The research employs a normative juridical method with statutory, case, and conceptual approaches. The findings indicate that Indonesian positive law does not recognize online gambling players as "victims" entitled to restitution and rehabilitation; instead, they face criminal threats under Article 303 bis of the Criminal Code and Article 27 of the ITE Law. Key constraints include the absence of an explicit definition, social stigma, weak recovery mechanisms, and minimal inter-agency coordination. This study recommends regulatory revision to distinguish between operators and victim-players, expansion of the victim definition under the Witness and Victim Protection Law (UU LPSK), and the establishment of integrated complaint and rehabilitation services under the coordination of the Ministry of Communication and Informatics (Kemenkominfo) and BSSN.