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Edwin Setiawan; Hartiwiningsih Hartiwiningsih

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of information technology has brought significant changes, particularly in the area of cybercrime, such as electronic document forgery. This research explores the role of digital forensics and information technology in proving electronic document forgery crimes in Indonesia, using a normative legal research approach. The study employs both a statute approach and a conceptual approach to analyze the effectiveness of digital forensics in uncovering electronic crimes. The findings show that while digital forensics plays a crucial role in investigating electronic document forgery, there are several complex challenges in its implementation. One of the major obstacles is the limited number of certified digital forensic experts in Indonesia, with only 147 professionals qualified in this field. Additionally, the existing legal regulations have not kept pace with the rapid advancements in digital technology, which poses significant challenges to enforcement efforts. The study identifies various technical barriers, such as the complexity of forensic technologies, the volatile nature of digital evidence, and the ever-evolving techniques used by cybercriminals. These factors complicate the process of proving electronic crimes and pose difficulties for investigators. In response to these challenges, the research recommends strategic measures such as strengthening the capacity of forensic laboratories, harmonizing legal regulations with technological advancements, and improving the competency of human resources in both technological and legal fields. The study contributes to the development of a conceptual framework for cyber law enforcement, providing a comprehensive perspective on the challenges faced in proving electronic crimes in the digital age. The research aims to inform policymakers in crafting more effective and adaptive law enforcement strategies.

Khoirunnisa Khoirunnisa; Eko Raharjo; Fristia Berdian Tamza; Firganefi Firganefi

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Cybercrime is increasing along with technological developments. The more people are connected to the internet, the more potential they have to experience crime in cyberspace. One of the cybercrimes is the crime of romance scam which is classified as an online fraud crime. The purpose of this study is to analyze the role of Sub-Directorate V Cyber Crime Directorate of Criminal Investigation in tackling romance scam crimes and their inhibiting factors. Using normative juridical and empirical juridical research methods, data were obtained through literature studies and field studies and analyzed by qualitative descriptive methods. Based on the results of the study, the Sub-Directorate V Cyber Crime Directorate of Criminal Investigation has never handled romance scam cases until the investigation due to a lack of evidence and other factors. Sub-Directorate V Cyber Crime Directorate of the Lampung Police has been active in various countermeasures with non-penal means such as conducting socialization and education to the public, cyber patrols, and digital forensic analysis. It is hoped that the public will be more careful in using social media, a healthy internet culture is needed and digital literacy is needed, and the government needs to revise laws and regulations regarding cybercrime.

Patricia Morisa Banfatin; Karolus Kopong Medan; Debi F.Ng. Fallo

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The development of artificial intelligence deepfake technology has opened up new opportunities in various fields to help speed up human work. However, on the other hand, this technology can also be misused to commit crimes. This research is a Normative Juridical research with a statutory approach and a conceptual approach, and examines the sources of legal materials according to the main problem, and uses prescriptive analysis techniques.The results of the study show: (1) The activity of using artificial intelligence deepfake technology that can cause cybercrime occurs due to attacks on the system, namely AI botnet attacks that have been infected by malicious software and Generative Adversarial Network attacks that have artificial neural networks that can produce data that is similar to the original data so that it is used as a means of committing crimes, and (2) Criminal law regulations in Indonesia regarding the misuse of artificial intelligence deepfake technology in committing cybercrime have not been regulated comprehensively, so that currently it is necessary to establish clear legal regulations in order to provide legal protection for every community.

Deski Bertolens Tungga; Thelma S.M Kadja; Heryanto Amalo

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

According to data obtained from the Food and Drug Supervisory Agency (BPOM), the total number of illegal cosmetics and/or containing prohibited/dangerous ingredients during the period from October 2021 to August 2022 was more than 1 million pieces with an economic value of IDR 34.4 billion. BPOM also followed up on findings based on reports from several drug and food supervisory authorities in other countries. Based on the report, as many as 46 (forty-six) cosmetics were withdrawn from circulation because they contained prohibited ingredients, microbial contamination, or were counterfeit cosmetics. During the same period, BPOM also carried out cyber patrols. This cyber patrol was carried out on website, social media, and e-commerce platforms to trace and prevent the circulation of illegal cosmetics and BPOM found and blocked (takedown) 83,700 links to the sale of illegal cosmetic products and containing prohibited/dangerous ingredients with a total product amount of 6.5 million pieces and an economic value of Rp 296.9 billion. This proves that there are still many illegal cosmetic products that contain harmful ingredients and do not have a distribution permit.  This research is a normative legal research supported by a statutory approach (statute approcach) which uses secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials that collect laws and regulations related to the legal issues at hand, case studies, collecting books, journals, dictionaries and other related literature. The legal materials that have been successfully collected are analyzed, namely description, interpretation, evaluation and systematic. The results of this study show that (1) Based on the form of consumer protection from the criminal aspect, there are five forms of consumer protection, namely: Protection against Unsafe Products; Fraud and Fraud Violation of Clear and Correct Information; Violations of Consumer Rights; Abuse of Power or Dominant Position, as well as unfair business practices. Criminal sanctions aim to provide a deterrent effect to business actors who harm consumers. (2) Based on the perspective of criminal law, the actions of DM business actors who have circulated illegal cosmetics without a distribution permit in decision number 572/Pid.Sus/2022/PN Smr, violate the provisions of Article 197 of Law Number 36 of 2009 concerning Health, which has affirmed that every person who deliberately produces and/or distributes pharmaceutical preparations and/or medical devices without having a distribution permit as mentioned in Article 106 paragraph (1) is criminally punished imprisonment for a maximum of (fifteen) years and a maximum fine of Rp.1,500,000,000,- (one billion five hundred million rupiah).

Michele Gisela Dubu; Rudepel Petrus Leo; Orpa Ganefo Manuain

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The world has entered the era of modernization and affects increasingly sophisticated technology and information, but this has resulted in many individuals who abuse the internet as a means of committing crimes, one of which often occurs is cyberbullying  or (cyberbullying). The crime of cyberbullying  has been regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning the ITE Law and the Criminal Code (KUHP) which is elaborated to become the basis for authorized law enforcement in enforcement efforts. This research is an empirical juridic research. The location of the research in the East Nusa Tenggara regional police area, the data collection method is by interviews, documentation studies and observations. The collected data is then analyzed and then presented in a qualitative descriptive manner. The results of the research on law enforcement through 2 stages, among others, preventive efforts and repressive efforts, then inhibiting factors in law enforcement, among others, limited budget and tools for investigation and investigation so that it is difficult to find evidence if the perpetrator uses a fake account without personal data or phone number, besides that Article 74 of the Criminal Code has regulated the expiration of the complaint offense so that the victim must immediately report the crime he has experienced. As for the suggestion, it is hoped that the consistent active role of law enforcers to socialize rules and ethics in the use of social media and maximize law enforcement efforts for perpetrators of criminal acts to the court stage. The government can make a special formula related to the expiration of complaints for cyberbullying  cases in the ITE Law. It is hoped that the public will have a high legal awareness in the use of social media so as to prevent criminal acts committed through cyberspace.    

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.

Margreth Thatcer Appah; Bhisa Vitus Wilhelmus; Darius Antonius Kian

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The ease of access and availability of online game s on the internet opens up new opportunities as well as challenges. This challenge arises because not all online games are suitable for people to play. Many online games contain negative elements, such as violence, hate speech, and pornography. The provisions in Law No. 1 of 2024 on the Second Amendment to Law No. 19 of 2016 on the Amendment to Law No. 11 of 2008 on Electronic Information and Transactions are the main basis for countermeasures in cyberspace. The type of research the author uses is Normative Legal Research (library research). This research is also called a document study conducted by examining library and secondary materials, especially written regulations or other legal products. The results show that the rapid growth of online gaming has led to serious problems such as the spread of hate speech, bullying, and pornographic content. The lack of clarity in regulations makes it difficult to enforce the law against criminals in the online gaming realm. To overcome this problem, collaboration between various parties is needed, with an emphasis on increasing the capacity of law enforcement, developing digital forensic technology, improving regulations, and increasing legal awareness among the public.

Felen Felen; Nabila Fitria Almadea

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

Globalization affects the development of technology that facilitates human activities, but also presents a threat in the form of cyber crime. Cyber crime utilizes computers and the internet as its main tools. However, KUHAP has not fully regulated the validity of electronic evidence which is vital in handling cyber crime cases. This lack of clarity will not provide justice, benefit, and legal certainty to the community, as the purpose of the law itself should be. Therefore, the discussion of the validity of electronic evidence is important, considering its influence in deciding a case. With the alignment of das sein and das sollen, it is hoped that the real purpose of law will be achieved. This research highlights the urgency of legal reform along with technological developments in order to reduce the reduction of legal objectives and realize dynamic positive law in Indonesia. This type of research is normative juridical research or normative legal research. The results of the research are expected to contribute to the development of relevant laws.

Felen Felen; Nabila Fitria Almadea

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

Globalization affects the development of technology that facilitates human activities, but also presents a threat in the form of cyber crime. Cyber crime utilizes computers and the internet as its main tools. However, KUHAP has not fully regulated the validity of electronic evidence which is vital in handling cyber crime cases. This lack of clarity will not provide justice, benefit, and legal certainty to the community, as the purpose of the law itself should be. Therefore, the discussion of the validity of electronic evidence is important, considering its influence in deciding a case. With the alignment of das sein and das sollen, it is hoped that the real purpose of law will be achieved. This research highlights the urgency of legal reform along with technological developments in order to reduce the reduction of legal objectives and realize dynamic positive law in Indonesia. This type of research is normative juridical research or normative legal research. The results of the research are expected to contribute to the development of relevant laws.

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.

Anayah Tasya

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

This study aims to determine the comparison of the regulation of revenge porn based on legislation in Indonesia and Australia.  This research is a normative or doctrinal legal research with a statutory approach. The type of data used is secondary data. The technique used in collecting legal materials in this research is literature study or document study. This research uses legal reasoning analysis techniques that are sociological in nature through deductive thinking patterns, namely by explaining a general thing to then be drawn to a more specific conclusion. Based on this research, it is found that the two countries have differences in handling revenge porn cases. In Indonesia, the regulation of revenge porn is regulated in several laws, namely the ITE Law, the TPKS Law, and the Pornography Law. Unfortunately, these three regulations do not regulate revenge porn clearly and completely. Meanwhile, in Australia, there are special regulations governing online-based sexual violence crimes, including revenge porn. The regulation of revenge porn in Australia has been explained completely and comprehensively by the establishment of a complaint portal that can be accessed online by victims called eSafety Commissioner.

Bambang S. Irianto; Zenita Delia Reviska; Khamilatun Nisah; Amelia Suci Ramadhani; Joshua Aldo Tri Putra

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In this era of digitalization, almost all Indonesian people use gadgets. This also seems to have become an inseparable phenomenon in this era of digitalization, especially among young people in Indonesia, including elementary school children. The impact of using the gadget itself also varies, ranging from the positive impact that can be taken and the negative impact that must be avoided. Lack of knowledge about the impact of gadget use for elementary school children, students of the Faculty of Law UPN Veteran East Java conducted socialization at SDN Sidodadi 2. The target of this socialization activity is 5th grade elementary school children with a total of 55 students. This socialization activity aims to provide understanding and legal knowledge about the impact of excessive use of gadgets, especially since 5th grade elementary school children are the age when the transition from children to the adolescent phase is born. This socialization activity uses a special approach method so that in the delivery process it can be well received and on target. The results of socialization activities are summarized into reports and journals so that benefits and learning can reach the wider community.

Gefbi Nopitasari; Riska Andi Fitriono

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The creation of the internet, which is used to make human life easier, has become a new problem because it has given rise to cyber crime in cyberspace. One of the cyber crimes currently developing is cyber terrorism. This research examines the crime of cyber terrorism from the perspective of the perpetrator's criminal responsibility according to national laws in Indonesia. The method used in this research is a normative juridical legal research method that is perspective based on literature study. The legal materials used are primary and secondary legal materials. Data analysis techniques using deductive logical reasoning. The research results show that the term cyber terrorism crime has not been mentioned grammatically in national legislation. However, several articles in Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions contain the substance of cyber terrorism crimes, namely Article 28 paragraph (2), Article 28 paragraph (3), Article 31 and Article 33. The legal subject, namely the perpetrator in this article, is "Person" which means an individual or legal entity/corporation. All of these articles contain elements of "acts against the law" whose substance corresponds to the crime of cyber terrorism. So that a person or legal entity that commits acts in accordance with this article can be held criminally responsible. The legal sanction for this crime is imprisonment and/or a fine.

Dinda Kania Anggraini; Muchammad Rozaq F H; Tristan Salahudin S; Sayekti Putri D

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the forms, causes of bullying and legal protection for child victims of bullying referring to Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The author uses a normative juridical research approach, which utilizes legal sources as the primary source in this research. In addition, this research is also supported by additional legal sources through literature studies. The results of this study show that bullying has several forms, including bullying with direct verbal contact, direct physical contact, direct non-verbal behavior, indirect non-verbal behavior, cyber bullying, and sexual harassment. Factors that cause the perpetrator to commit acts of bullying include the family environment and psychological disorders in the perpetrator. And legal protection for child victims of bullying has been regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, where the perpetrators of bullying can be sentenced to fines to imprisonment. 

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.

Intan Kumala Dewi; Sandra Dewi; Oksep Adhayanto

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The background to this problem is how the Criminal Law provisions regulate cyberbullying, what are the perpetrators' approaches to carrying out cyberbullying actions, and what factors influence perpetrators to carry out cyberbullying. The aim of this research is to analyze the applicable criminal law provisions related to cyber bullying, evaluate law enforcement against perpetrators of cyber bullying in Indonesia, and identify factors in cyber bullying. The method in this research is normative legal research. This approach is carried out by considering the contents of the ITE law, the analysis of which is carried out in more depth in relation to the problem of studying legal provisions. The result: Even though in the Criminal Code this matter has been formulated into different articles, the offense of insulting in the Criminal Code can be linked to Article 27 paragraph (3) concerning criminal acts of insulting via cyberspace. The approach taken by cyberbullying perpetrators is as follows: Instincts of cyberbullying perpetrators, First informant, one of the cyberbullying perpetrators, Cyberbullying perpetrators' actions through drive theory. Cyberbullying behavior is influenced by external and internal factors, including parental involvement, the school environment, as well as provocation and support. However, the main problem underlying cyberbullying is the perpetrator's sense of arrogance and superiority. Many cases of cyberbullying occur because the perpetrator feels more powerful and above other people. This can happen because social media is used unwisely, so they feel they can carry out inappropriate actions anonymously. Cyberbullying has a very bad impact on the mental and emotional health of victims. Therefore, there needs to be better awareness and education regarding the wise and responsible use of social media. Apart from that, there is also a need for strict supervision and action against perpetrators of cyberbullying. In this way, it is hoped that cases of cyberbullying can be reduced and society can use technology positively and have a good impact on life and social interactions.

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.