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Gunawan Widjaja; Songga Aurora Abadi; Yuri Anggi

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The advancement of digital technology has introduced a novel trend in marketing via social media platforms, specifically through influencers promoting products or services. Nonetheless, numerous endorsements by influencers contain misleading, inaccurate, or harmful claims to consumers. This research aims to analyze the civil liability of influencers for product claims that cause consumer harm in digital media endorsements, referencing Law No. 8 of 1999 on Consumer Protection. Utilizing a normative juridical method based on literature review of laws, legal doctrines, and pertinent cases, the findings reveal that influencers can be held civilly liable under the tort principle (onrechtmatige daad) as stipulated in Article 1365 of the Civil Code, if proven to provide false or unsupported claims resulting in consumer harm (Setiawan, 2019). Therefore, there is a pressing need to enhance regulations governing the role of influencers in consumer protection frameworks alongside effective liability mechanisms as a form of accountability in the evolving digital marketing landscape.

Putri Ramadhani Rangkuti; Muhammad Aldi Khoiri; Sumantri Ritonga; Putri Nabila Sitorus Pane

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study uses a qualitative method to examine the criminal sanctions against phishing crimes under Indonesian criminal law. Phishing is a form of cybercrime committed by deceiving victims into disclosing personal or confidential information such as identity data, bank accounts, or other sensitive details. In Indonesian criminal law, phishing is not explicitly mentioned, but it can be prosecuted under several articles of the Electronic Information and Transactions Law (Law No. 19 of 2016), particularly Articles 35 and 36, which regulate manipulative acts that cause harm to others. Offenders may face imprisonment of up to 12 years and/or fines of up to 12 billion rupiah. Additionally, offenders may be charged under the Indonesian Penal Code (KUHP) if their actions meet the elements of fraud or data theft. This study highlights the need for legal reform to be more responsive to the rapid advancement of digital technology. More specific regulations are needed to ensure legal certainty and provide adequate protection for victims of phishing crimes in Indonesia.

Talib, Solihin H.; Talib, Riski; Moonti, Roy Marthen

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The determination of compensation in the process of land acquisition for infrastructure development in Indonesia still faces various complex legal problems. Although has been regulated in Law Number 2 Year 2012, its implementation often creates inequality, both in terms of compensation value and procedures for community involvement. The phrase “decent and fair” in the regulation opens wide room for interpretation, so there is often a mismatch between the value set by the government and the expectations of the community. This imbalance is exacerbated by weak public participation, lack of legal literacy, and the dominance of legal-formalistic approaches. Agrarian conflicts, legal uncertainty, and disregard for the social and cultural values of indigenous peoples also exacerbate the situation. Therefore, policy reforms based on a participatory approach, institutional strengthening, and the use of digital technology to realize transparency and accountability are needed. Fair compensation must ensure protection of citizens' human rights and build trust in the legal system in the development process. 

Putri Ramadhani Rangkuti; Melia Dwi Hasanah; Mirna Syafitri Rahmadani; Nazwa Bunga Rezki Perdana Lubis; Nadia Putri Naya

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study uses a qualitative method with a normative legal approach that aims to analyze legal protection for victims of Information and Electronic Transactions (ITE) crimes, especially in cases of the distribution of digital pornographic content. The rampant distribution of pornographic content through digital platforms is a serious threat to the privacy rights and dignity of victims, especially women and children. In the context of law in Indonesia, protection for victims has been regulated in several laws and regulations such as Law Number 19 of 2016 concerning Amendments to the ITE Law and the Criminal Code (KUHP). However, the implementation of this protection still faces various obstacles, includeing weak law enforcement, limited understanding of victims’ rights, and the suboptimal role of witness and victim protection institutions. Through literature studies and analysis of court decisions, this study found that legal protection is still reactive and has not been optimal in preventing and restoring victims’ losses as a whole. Therefore, a more responsive policy reformulation and strengthening of digital literacy are needed as strategic preventive measures.

Karyadi Dwi Nurally; Fida Ismaturrohman; Regan Fadhla Pradigfa; M Rakan Jahran; Sofwan Sofyandi +1 more

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

This study aims to examine how university students perceive freedom of expression in Indonesia within the context of democracy and the digital age. A descriptive quantitative method was employed by distributing questionnaires to students from various universities. The findings reveal that most students view freedom of expression as a fundamental right in a democratic society. However, concerns were raised regarding potential restrictions through ambiguous regulations and the threat of legal sanctions. Social media platforms serve as the primary medium for expressing opinions, although risks such as digital harassment and criminalization persist. In conclusion, while students generally have a positive view of freedom of expression, they remain cautious about its possible repercussions. These findings suggest the need for stronger legal protections and improved digital literacy to ensure that freedom of expression remains safeguarded in a democratic system.

Fitri Natasha Dachi; Urbanisasi Urbanisasi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Crypto asset transactions in Indonesia have rapidly developed alongside financial technology advancements, yet they pose legal challenges concerning investor protection. Under Indonesian civil law, civil liability for investor losses may be based on Article 1243 and Article 1365 of the Civil Code, depending on whether the loss arises from a breach of contract or an unlawful act. Additionally, the Consumer Protection Act may serve as a legal basis in cases involving violations of consumer rights. However, the application of such liability encounters juridical obstacles, including the absence of specific regulations defining the legal status of crypto assets as legal objects, regulatory gaps regarding business actors’ obligations, and evidentiary difficulties due to the anonymous nature of digital transactions. In this context, regulatory reform is essential to establish legal certainty and effective investor protection. The regulation should include digital security standards, transparent risk disclosures, and dispute resolution mechanisms. Active roles of Bappebti and the Financial Services Authority (OJK) in oversight, as well as legal literacy for the public, are critical to creating a responsible and secure crypto asset trading ecosystem.

Alfarobbi, Kevin Ariel; Ubaidillah, Lutfian U

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The Indonesian criminal justice system upholds the principle of legal certainty to ensure the protection of the rights of all parties involved in legal proceedings. One of the recurring issues is the ambiguity regarding the timeframe for Investigators to submit case files to Public Prosecutors, particularly in minor offense cases. Article 110 of the Indonesian Criminal Procedure Code (KUHAP) merely states the word "immediately" without specifying a definite time limit, creating opportunities for delays without firm legal consequences. This research employs a normative juridical method with a conceptual and evaluative approach to analyze statutory provisions and their practical application in Indonesia. The findings reveal that although ethical and disciplinary sanctions are regulated within internal police regulations, there is no explicit legal norm governing sanctions for Investigators who fail to promptly submit case files. Consequently, it is necessary to revise Article 110 of KUHAP by establishing a clear and binding timeframe, while strengthening both internal and external supervisory mechanisms to uphold legal certainty and enhance the effectiveness of the criminal justice system. Furthermore, public participation through digital media can serve as a form of social control over the negligence of law enforcement officers in Indonesia.

Sevy Septiana Afina; Rina Arum Prastyanti

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Personal data protection is a crucial issue in the digital era, which is characterized by the processing and widespread dissemination of information on the internet. In this context, the different legal approaches between Indonesia and the United States raise questions regarding the effectiveness and scope of privacy protection in each country. The focus of this research is to analyze the legal systems applicable in both countries to identify the strengths, weaknesses, and potential for cross-system policy adoption. Using a normative juridical method and a comparative law approach, analysis is conducted on key regulations such as Law No. 27 of 2022 in Indonesia as well as various sectoral regulations in the United States. The findings show that Indonesia has integrated regulations but faces challenges in implementation, while the United States has more established enforcement despite its sectoral and fragmented nature. The synthesis of these two approaches emphasizes the importance of finding a balance between regulatory comprehensiveness and enforcement effectiveness. In conclusion, efforts to strengthen personal data protection in Indonesia can be directed towards strengthening institutions and oversight, while the United States can draw lessons from its centralized regulatory model to improve consistency of protection across sectors.

Ansori Ansori; Hairul Umam; Akbar Hidayatullah Vidi Hartono

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the policy of digitizing public services at the sub-district level in the perspective of state administrative law. Digital transformation in the public bureaucracy in the modern era is an important step in creating effective, efficient, and accountable services. However, the implementation of digitalization is often not accompanied by an adequate legal framework, resulting in the potential for administrative irregularities and violations of the principles of good governance. Using a normative research approach, this study examines the compatibility of digitization policies with the principles of state administrative law, such as the principles of legality, legal certainty, proportionality, professionalism, openness, and accountability. The results of this study show that the digitization of public services at the sub-district level requires strengthening technical regulations, increasing the capacity of the apparatus, and integrating digital service systems and standards based on legal principles. This research not only focuses on technological innovation, but is also supported by a strong legal foundation to ensure the protection of public rights and the legitimacy of public services.

An Nisya Nursabilah; Nazmi Viranha Khurulani; Anggia Prasanti; Dea Aulia Zuhra; Allyah Alicia Hg +1 more

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The rapid development of digital technology has increased the potential for cybercrime, including cyber scams, which cause major losses to victims both materially and psychologically. In this context, the state is obliged to provide legal protection to victims, but in practice there are still many legal gaps and suboptimal implementation. This study aims to analyze the form of legal protection for victims of cyber scam crimes and the impact of these crimes in triggering secondary victimization. This study uses an empirical legal method with a descriptive-analytical approach that combines primary data from observations and interviews as well as secondary data from legal literature and laws and regulations. The results of the study show that although there is a legal umbrella such as the ITE Law and the Witness and Victim Protection Law, the victim protection mechanism has not been running effectively. The contribution of this study provides urgency for improving regulations and implementing victim-oriented legal protection, as well as the importance of digital literacy and empathy for law enforcement in handling cybercrime cases.

Rahma Fitri Amelia Hasibuan; Muhammad Abdillah; Nadilah Andini; Fitria Mukhtar Siregar; Annisa Putri Andini Tanjung

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of the digital economy has transformed the labor landscape with the emergence of a new type of employment contract known as platform contracts, which differ from conventional formal employment contracts. This phenomenon poses significant challenges regarding legal protection for workers, especially in ensuring basic rights and social justice in the digital era. This study aims to analyze the comparison of legal protection between workers bound by formal employment contracts and digital platform workers. The research method used is qualitative descriptive with a literature review from various relevant primary and secondary sources. The results reveal that formal workers receive stronger and more comprehensive legal protection through existing labor regulations, whereas platform workers face legal status ambiguity, leading to minimal protection and risks of exploitation. This study emphasizes the importance of adaptive legal reforms to accommodate changes brought by the digital economy by expanding the definition of workers and providing equal legal protection for platform workers. In conclusion, regulatory updates and collaboration among various stakeholders are necessary to create a fair and sustainable work ecosystem in the digital era.

Moh.Alfan Baetoni; Lucky Dafira Nugroho; Hudama Leo Putra Perkasa

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of information technology has driven significant changes in the practice of contract making, from manual-based to increasingly using electronic systems. This research discusses the validity of the legal certainty of electronic contracts compared to manual contracts. Electronic contracts offer efficiency and flexibility, but raise concerns regarding the validity of electronic signatures, data security, and legal proof in the event of a dispute. Meanwhile, manual contracts are considered more concrete and easily accepted as evidence due to their physical form. Through a normative approach with the analysis of laws and regulations and legal literature, this study found that both types of contracts have equal legal standing as long as they fulfill the legal requirements of an agreement according to the Civil Code. However, electronic contracts face challenges in legal protection, identity authentication, and document integrity. It is necessary to strengthen technical regulations, digital legal education, and technological infrastructure to ensure the validity and legal certainty of electronic contracts to be equivalent to manual contracts, so that the rights and obligations of the parties can be fairly protected in today's digital era.    

Agung Setiawan; Aninda Sri Rahayu Mastur; Rahmawati Nurul Jannah

Jurnal Media Administrasi 2025 Universitas 17 Agustus 1945 Semarang, Indonesia

This study aims to analyze the reform of Indonesia’s immigration policy in the era of globalization and to compare it with the immigration policies of other ASEAN countries, such as Malaysia, Singapore, and Thailand. The research uses a literature review method by analyzing current regulations, international reports, and academic publications. The findings indicate that Indonesia has made significant reforms through immigration service digitalization, the implementation of e-visas, and a human rights-based approach. However, compared to neighboring countries, Indonesia still faces challenges in inter-agency coordination, undocumented migrant regulation, and refugee protection. The comparative study reveals that ASEAN countries adopt varied approaches, from merit-based systems to migrant regularization programs. This research concludes that Indonesia has great potential to lead the harmonization of migration policies in the ASEAN region, but it requires stronger legal frameworks and more integrated governance.

Ismaidar Ismaidar; Rifqi Fairuz Ula

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The leakage of consumers' personal data by irresponsible corporations has become a serious issue in the digital era, particularly in the context of data protection in Indonesia. This paper analyzes corporate criminal liability for such data breaches from the perspective of Indonesian cybercriminal law. The study adopts a normative legal approach through literature review of relevant legislation, legal doctrines, and court decisions. The findings indicate that corporations may be held criminally liable if proven negligent or if they fail to fulfill their data protection obligations under the Electronic Information and Transactions Law (ITE Law). Although a legal framework already exists, proving the elements of fault and direct involvement of corporate executives remains a significant challenge. Therefore, there is an urgent need for strengthened technical regulations and stricter law enforcement to ensure the protection of consumer rights in the digital sphere.

Witasya Aurelia Sulaeman; Beniharmoni Harefa; Handar Subhandi Bakhtiar

International Journal of Social Welfare and Family Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Child sexual exploitation is a severe violation of human rights that demands a firm and multidimensional legal response. This study aims to identify the underlying causes of child sexual exploitation and to analyze and compare law enforcement practices against such crimes within the legal systems of Indonesia and Malaysia. The research employs a normative juridical method with a comparative law approach. The findings reveal that the contributing factors in both countries include weak legal enforcement, socio-economic vulnerability, misuse of digital technology, and prevailing cultural norms. In terms of punishment, Indonesia has introduced chemical castration as an additional sanction under Government Regulation No. 70 of 2020, while Malaysia imposes imprisonment and caning based on the Penal Code and the Child Act 2001. Despite having comprehensive legal frameworks, Indonesia continues to face challenges in implementation, such as inadequate law enforcement sensitivity and insufficient psychosocial support for victims. The comparative analysis indicates that legal effectiveness relies not only on statutory provisions but also on institutional commitment to uphold justice and child protection.

Bella Fistya Asherli; Sidi Ahyar Wiraguna

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of information technology has had a significant impact on the pattern of collecting, processing, and storing personal data in the digital era. However, this progress is also accompanied by an increasing threat of cybercrime, one of which is phishing attacks. Phishing is a digital fraud mode that aims to obtain personal data illegally through social engineering and manipulation of electronic systems. This study aims to analyze the form of legal protection for phishing victims in the perspective of Law Number 27 of 2022 concerning Personal Data Protection (UU PDP). Using normative legal methods and conceptual approaches, this study examines the role of state authorities such as the National Cyber and Crypto Agency (BSSN) and the Directorate of Cyber Crime (Dittipidsiber) of the National Police Criminal Investigation Unit in the procedures for handling and prosecuting phishing. The results of the study show that although the PDP Law has provided a clear legal framework, its implementation still faces challenges in technical aspects, institutional coordination, and public digital literacy. Therefore, strong synergy is needed between regulation, supervision, and public education to realize effective and sustainable personal data protection in the digital era.

Rengga Kusuma Putra; Lita Tyesta Addy Listya Wardhani; Edvardas Juchnevicius; Sandra Leoni

Discourse on Law and Society 2025 International Forum of Researchers and Lecturers

The rapid advancement and integration of Artificial Intelligence (AI) into diverse sectors of society have generated complex ethical and human rights challenges. Technologies involving surveillance, data collection, algorithmic decision-making, and facial recognition pose significant risks to privacy, equality, and freedom of expression. This study examines the intersection of AI and human rights through a comparative analysis of regulatory frameworks in the European Union (EU), the United States (US), and Asia. Employing a comparative legal approach, the research analyzes international and national regulatory instruments, including the EU AI Act, the General Data Protection Regulation (GDPR), and China’s Personal Information Protection Law (PIPL). Case studies of AI-related human rights violations, such as algorithmic bias and discrimination, are incorporated to illustrate real-world implications. Findings reveal substantial differences in governance approaches: the EU emphasizes a risk-based model prioritizing human rights protections, while the US and Asia adopt more fragmented or centralized strategies. The study underscores the urgent need for global regulatory harmonization to safeguard fundamental rights and promote ethical AI development. By highlighting both strengths and limitations of existing frameworks, the research contributes to ongoing debates on balancing innovation with accountability, transparency, and human rights protection in the digital era.

Afif Syafiuddin

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal protection afforded to UMKM against predatory pricing practices in social commerce, with a focus on the TikTok platform in Indonesia. Predatory pricing refers to a strategy of selling goods at extremely low prices with the intent to eliminate competitors, which poses a threat to the sustainability of UMKM in the digital market. As MSMEs increasingly adopt digitalization and utilize e-commerce platforms, the challenges related to unfair business competition practices have become more evident. This study employs a qualitative approach with a descriptive-analytical method, examining the relevant regulations, including Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The findings indicate that although regulations are in place, their implementation on digital platforms still faces various obstacles, such as weak supervision and difficulties in law enforcement. This study recommends enhancing oversight, providing education for UMKM, and simplifying legal procedures to strengthen the protection of MSMEs against predatory pricing in the digital era.

Devita Candra

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The digital transformation in Indonesia's land sector is marked by the implementation of electronic land certificates as regulated under Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 1 of 2021. This policy aims to enhance efficiency and legal certainty in land administration. However, its implementation raises questions regarding the legal strength of electronic certificates and the protection of third parties, particularly good faith purchasers. This study uses a normative juridical approach to analyze the legal standing of electronic land certificates and the legal protection mechanisms for third parties in land transactions. The findings show that although electronic certificates hold the same legal force as physical certificates, there are still challenges related to data integration and legal safeguards for third parties. Strengthening regulations and the role of notaries/land deed officials (PPAT) is necessary to ensure the validity and legitimacy of electronic certificates and to achieve optimal legal certainty.

Kadek Ayu Widya Arisanthi

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The development of technology communication and information has produce the phenomenon of digital legacy, which is a person's digital footprint that remains stored and persists after they pass away.This digital legacy not only reflects a person's identity and personal life but also stores sensitive and private data.In the perspective of human rights, the right to privacy is a base right that must be protected, including personal data post-mortem. However, the legal system in Indonesia has not explicitly regulated the protection of digital legacy, resulting in a legal vacuum that potentially violates the right to privacy.This research uses a normative method with a legislative approach and a case approach.The study results show that the absence of national legal norms specifically regulating digital legacy causes society to depend on the internal policies of foreign digital platforms, which do not guarantee justice and human rights protection. National regulations are needed that specifically govern the protection of personal data post-mortem as a form of respect for human privacy and dignity, as well as a tangible manifestation of the state's responsibility to guarantee the human rights of its citizens in the digital era.