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Anisa Sahara; Kuswandi Kuswandi

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

This study analyzes online fraud as one of the most common forms of cybercrime in Indonesia, which has expanded alongside rapid advances in information and communication technology. These crimes utilize digital platforms such as social media, online marketplaces, and fraudulent websites to deceive victims for unlawful financial gain. The research aims to examine online fraud from a criminological perspective by identifying its causes, patterns, and relevance to routine activity theory and differential association theory. A normative juridical method is employed, using statutory, conceptual, and case-based approaches, with qualitative and descriptive analysis. The findings show that online fraud reflects a shift from conventional fraud to digital-based crimes, driven by low public awareness of cybersecurity, easy access to technology, and weak online supervision. Several fraud schemes were identified, including online investment scams, phishing, and identity impersonation. This study highlights the need for an integrated approach that goes beyond law enforcement by emphasizing digital literacy, public education, and cross-sector collaboration to reduce cybercrime in Indonesia.

Sitta Saraya; Geofani Milthree Saragih; Nabila Afifah Salwa

Journal of Civil Criminal Law 2025 International Forum of Researchers and Lecturers

Background: The rapid development of financial technology and the increasing volume of cross-border transactions have led to the emergence of increasingly complex digital financial crimes, involving anonymous actors and exploiting regulatory gaps and jurisdictional differences. This condition poses serious challenges to legal systems, particularly in terms of digital evidence, the attribution of legal liability, and the effectiveness of cross-border law enforcement. Objective: This study aims to reconstruct the framework of civil and criminal liability in digital fraud cases to make it more adaptive, integrated, and responsive to technological developments. Method: The research employs a qualitative socio-legal approach, combining normative analysis of cybercrime regulations, case studies of international digital fraud, comparative analysis of legal systems across countries, and interviews with legal practitioners and fintech regulators. Results: The findings reveal significant legal gaps, regulatory fragmentation across jurisdictions, and weaknesses in electronic evidence systems that hinder effective law enforcement. Additionally, the complexity of actors and technologies within digital ecosystems complicates the accurate attribution of legal responsibility. Therefore, an integrated legal framework is required, incorporating both civil and criminal liability, international regulatory harmonization, and the utilization of technology to enhance law enforcement effectiveness.

Simanjuntak Simanjuntak; Maylisa Lisdiana

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The advancement of information technology has increased very rapidly, one of which can be seen from the use of cell phones as the main communication tool. However, this progress also creates a gap, for the emergence of cybercrime such as fraud through short messages or called Short Message Service (SMS). Fraud via SMS by offering prizes is one form of misuse of information technology that is increasingly prevalent in the digital era. This mode of fraud is often carried out because it takes advantage of the lack of public awareness of information security and tends to target individuals who do not understand how communication technology works. This article discusses how the mechanism of fraud carried out via SMS, the impact caused to victims, and how legal regulations in Indonesia handle prize fraud via SMS. This research uses normative research methods conducted through data collection from various references including journals and laws and regulations. This research is expected to provide a more comprehensive understanding of the role of law in tackling SMS-based fraud and offer solutions that can strengthen consumer protection in the digital era.

M. Julianto Al Hakim; Diah Gustiniati Maulani; Dona Raisa Monica

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

The illicit circulation of narcotics in Indonesia has undergone a fundamental evolution into cyber-enabled crime, where drug syndicates systematically exploit children as technical operators through digital media to sever the main network chain and evade legal detection. This study aims to analyze the anatomy of the modus operandi of narcotics transactions involving children in the digital realm and examine its legal implications for the process of proof and criminal liability. Utilizing an empirical juridical research method with a sociological approach conducted in the jurisdiction of the Metro Police Resort, Lampung, this research identifies a shift in modus operandi towards the "Map System" or Dead Drop Method. In this modus, the child's role is divided into three sophisticated technical stages: pre-transaction via encrypted communication, field execution (mapping & dropping) using precise GPS coordinates, and post-transaction involving digital cleaning, which creates a phenomenon of crime "gamification" where children perceive the criminal act akin to an online game mission. The legal implications of this phenomenon present serious challenges regarding the validity of electronic evidence, which is volatile due to a weak chain of custody, as well as the reconstruction of the child's mens rea, which points towards premeditated intent (dolus premeditatus) driven by high digital literacy rather than mere negligence. These conditions complicate the application of pure diversion as mandated by law; thus, this study recommends a hybrid punishment approach where law enforcement proceeds to break impunity, but sanctions focus on specific rehabilitation in the Special Guidance Institution for Children (LPKA) to reorient the children's digital skills positively.

Siti Risdatul Ummah

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

Paid online matchmaking services that have developed through Facebook use consumer profiles to promote and find partners. This practice raises legal issues, particularly those related to consumer protection and the risk of digital harassment—also known as cyberbullying—in the form of derogatory, discriminatory, or offensive comments about consumers' personal standards that are displayed publicly. The purpose of this study is to assess the legal liability of business actors for cyberbullying when operating online matchmaking services and to assess the extent to which legal protection tools are available to consumers. This study uses a normative legal approach, utilizing case studies of legislation and conceptual studies on the practice of paid matchmaking services on social media. The results of the study show that businesses are required to guarantee the safety, comfort, and protection of consumer rights in all digital-based commercial activities, including managing content and interacting with people on social media. Non-material losses, such as psychological pressure and abuse of consumer dignity, are caused by a lack of supervision and a lack of moderate comment mechanisms. Therefore, regulations on personal data protection must be strengthened, content moderation responsibilities must be determined, and legal accountability mechanisms for business actors in the digital ta'aruf business must be made clear.

Zahra Nur Fadzilah; Ikhwanudin Alya Rahman; Salwa Nafiah

Karakter : Jurnal Riset Ilmu Pendidikan Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The rapid rise of Indonesia’s digital economy is changing how people participate as citizens and how their consumer rights are protected. This study explores the legal dimensions of digital citizenship through a normative juridical review of the Consumer Protection Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law. Although these laws provide basic safeguards, significant problems remain such as data privacy violations, unclear algorithmic practices, cross-border legal barriers, and deceptive online advertising. Low public legal awareness and the absence of a unified dispute-resolution system further leave consumers vulnerable to powerful global digital platforms. The study argues that stronger protection requires embedding digital citizenship principles into Indonesia’s legal framework, harmonizing national rules with international standards, enhancing platform oversight, and improving digital literacy. In conclusion, a flexible and forward-looking legal approach is crucial to making consumer protection a core part of digital citizenship and ensuring public trust and human rights in the digital era.

Anggi Lia Liswati; Taun Taun

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

The advancement of Artificial Intelligence (AI) technology has generated significant benefits while simultaneously creating new opportunities for cyber-based sexual offenses, particularly through deepfake technology, which enables the manipulation of a person's face into pornographic content without consent. This study examines criminal liability for perpetrators of AI-based sexual harassment and legal protection for victims in deepfake pornography cases, focusing on a case involving a student at Udayana University, Bali. This research employs a normative legal method by analyzing primary, secondary, and tertiary legal materials. The findings indicate that although Indonesian law does not yet explicitly regulate deepfake technology, perpetrators can still be prosecuted under the Electronic Information and Transactions Law, Pornography Law, Sexual Violence Law, and the new Criminal Code. Criminal intent is established through the deliberate manipulation, creation, and dissemination of non- consensual sexual content. Furthermore, victims are entitled to legal protection, including psychological recovery, privacy rights, restitution, and content removal. This study highlights the urgency of developing specific regulations addressing AI-related sexual crimes, enhancing forensic digital capabilities, and strengthening victim-centered protection mechanisms. The research contributes to the legal discourse on emerging digital crimes and emphasizes the need for adaptive legal frameworks in the AI era.  

Addinda Khairunnazah; Ahmad Fikri Hilal; Alfath Fadila Mursyid; Fatimatu Zahra; Ade Fartini

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

The rapid development of information and communication technology has driven the transformation of human activities into the digital realm, making cyber law regulation an essential need to govern activities in the virtual world. This research discusses the comparison of cyber law regulations in Indonesia and Singapore, specifically the Electronic Information and Transactions Law (UU ITE) and the Cybersecurity Act as well as the Protection from Online Falsehoods and Manipulation Act (POFMA), focusing on legal philosophy, enforcement mechanisms, and the protection of freedom of expression. A normative legal research method with a comparative approach is used to analyze the normative context, law enforcement implementation, and the social impacts of both regulations. The research findings indicate that Indonesia adopts a repressive legal approach with fragmented enforcement and challenges related to digital literacy, which leads to potential restrictions on freedom of expression. In contrast, Singapore applies a risk-based regulatory framework with centralized coordination and a more adaptive mitigation approach, aiming to balance content control with the protection of human rights. This research recommends reforms and strengthening of cyber law regulations in Indonesia to improve law enforcement effectiveness and ensure proportional freedom of expression in the digital era.

Ahmad Sauki Warouw

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

The rapid development of digital technology has increased the risk of privacy violations and cybercrimes targeting personal data. This study aims to analyze the role of criminal law in personal data protection and the prevention of cybercrimes in Indonesia, as well as to identify the challenges and strategies for strengthening law enforcement in the digital era. The research method used is a qualitative approach with a juridical-normative method through library research on regulations, particularly Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), as well as related academic literature. The results of the study show that criminal law serves a dual function, acting as a repressive tool through the imposition of criminal sanctions on offenders, and as a preventive instrument in enhancing compliance with data security standards. Although the PDP Law provides a strong legal foundation, its implementation still faces challenges such as the suboptimal functioning of data protection institutions, limited capacity of law enforcement officers, and low public awareness of digital ethics. This study recommends institutional strengthening, enhancement of law enforcement human resource capacity, as well as public education and cross-sectoral synergy to create an effective and sustainable data protection system. Thus, criminal law plays a central role in safeguarding personal data and preventing cybercrimes in Indonesia.

Harlina Hamid; Muhammad Fadli Faisal Rasyid

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Digital transformation in the banking sector has introduced numerous conveniences in financial transactions, yet simultaneously opened opportunities for increasingly sophisticated and damaging new forms of crime. This article comprehensively analyzes criminal policy in combating digital banking crime in Indonesia, exploring the legal, technological, and institutional challenges faced, and formulating effective prevention strategies. Through systematic literature review and critical policy analysis, this research demonstrates that digital banking crime in Indonesia has experienced significant increases both in quantity and complexity of modus operandi, encompassing phishing, skimming, hacking, social engineering, banking trojan malware, and various technology-based fraud schemes. Financial losses amount to trillions of rupiah annually, excluding the psychological impact on victims and erosion of public trust in digital banking systems. Research findings identify fundamental challenges in combating digital banking crime, including limitations in legal frameworks that have not fully accommodated technological developments, gaps in law enforcement capacity for cyber investigation, complexity of evidence in digital cases, complicated cross-border jurisdiction, rapid evolution of crime modi outpacing regulatory adaptation, and low digital security literacy among banking service users. Policy analysis shows that penal approaches through criminalization and law enforcement, while important, are insufficient without comprehensive non-penal strategies.

Dian Rosita; Amirah Dwi Subarkah; Muthmainnah Barakatun Khoomsiati; Prasasti Nugrahaning Gusti; Afifah Salsabila

Jurnal Pengabdian dan Pembangunan Lokal 2025 Lembaga Pengembangan Kinerja Dosen

Freedom of expression is a fundamental human right, yet it is not absolute, as it may be restricted under certain conditions in accordance with international law, such as the protection of reputation, national security, and public order. In Indonesia, this right is guaranteed by the 1945 Constitution of the Republic of Indonesia and its derivative regulations. However, the rapid development of information and communication technology has reshaped the landscape of public discourse. The digital space, while facilitating easier access to and dissemination of information, also presents challenges, including hate speech, misinformation, cyberbullying, and the potential for criminalization due to ambiguous regulations.To respond to these challenges, the Regional Board of Nasyiatul Aisyiyah (PDNA) Semarang organized a community service program in the form of a public dialogue titled “Freedom of Speech: Between Rights and Risks” on August 9, 2025, at the Hall of the Central Java Provincial Archives and Library Service. This activity was carried out through a participatory approach by academics who are also members of PDNA, together with the PDNA Semarang board. Two speakers were presented, Dr. Mochamad Riyanto, S.H., M.Si., a legal expert from Universitas 17 Agustus (Untag) Semarang, and Aris Mulyawan, Chair of the Alliance of Independent Journalists (AJI) Semarang. The dialogue produced three main findings: first, the need for legal awareness so that freedom of expression does not lead individuals into legal problems; second, the importance of digital literacy to reduce the spread of hoaxes and hate speech; and third, the urgency of building safe digital spaces through collaboration among communities, media, and educational institutions. The discussion emphasizes that freedom of expression in the digital era must be understood as both a right and a responsibility, requiring a fair regulatory ecosystem and continuous digital literacy enhancement

Hendrikus Nesi; Ramli Umar

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The advancement of digital technology has created new opportunities for cybercrime, including revenge porn the non-consensual distribution of intimate content motivated by revenge. In Indonesia, such cases have surged significantly, predominantly affecting women of productive age, with multidimensional consequences including psychological trauma, social stigmatization, and job loss. This study analyzes the element 'without right' (tanpa hak) in Article 27 paragraph (1) of the Electronic Information and Transactions Law (UU ITE), which is both the core and the main source of legal uncertainty in prosecuting revenge porn cases. Through normative legal research using statute and case approaches, analyzing the Banten High Court Decision No. 96/Pid.Sus/2023/PT BTN, this research finds that the element 'without right' must be interpreted holistically by making a clear distinction between consent to create and consent to distribute. The appellate court decision demonstrates a progressive human rights-based approach, integrating the principle of reasonable expectation of privacy and victimological impacts. However, normative ambiguity continues to create disparities in rulings and disproportionate evidentiary burdens on victims. The research recommends legislative reform through amendment of the UU ITE or enactment of specific legislation on image-based sexual abuse to provide stronger legal certainty and substantive victim protection.

Zubair, Ahmad; Zubair, Ahmad; Adiguna, Vinsent Brilian

Digital Business Intelligence Journal 2025 Fakultas Ekonomika dan Bisnis Universitas 17 Agustus 1945 Semarang

This study analyzes the impact of implementing Indonesia’s Law No. 27 of 2022 on Personal Data Protection (PDP Law) on cybersecurity in the e-business sector. Using a normative qualitative approach through literature analysis, this research examines the regulation’s implications for technical infrastructure, compliance procedures, and human resource capacity development within e-business operations. The findings indicate that although the PDP Law provides a comprehensive legal framework and human-centered principles for personal data protection, its implementation faces technical, operational, and economic challenges, particularly for micro, small, and medium enterprises (MSMEs). These challenges include limited security infrastructure, lack of technical expertise, and high investment costs. Nevertheless, adopting strategies such as multi-layer security architecture, zero-trust security model, privacy by design, and strengthening human resource capacity can enhance consumer trust, industry credibility, and the global competitiveness of Indonesia’s e-business sector. This study contributes to the literature by bridging the gap between personal data protection regulation and cybersecurity practices while offering strategic recommendations for both business actors and regulators.

Nicholas Kevin Yolianto; Enni Soerjati Priowirjanto; Nella Sumika Putri

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

This study discusses the rampant spread of online gambling advertisements in Indonesia, which contravenes the Criminal Code (KUHP) and Law No. 11 of 2008 on Electronic Information and Transactions (UU ITE) and its amendments, which prohibit gambling. Law enforcement faces significant challenges, one of which stems from the self-regulatory policies of Electronic System Operators (ESOs) for User-Generated Content (UGC), which do not fully prohibit online gambling advertisements. The objective of this study is to analyze the spread of such advertisements and the legal framework governing ESOs for UGC based on cyberlaw provisions. The methods used include a normative legal approach to examine principles, theories, and legal history, as well as a sociological legal approach utilizing secondary data through the integration of legal and social sciences. This research is descriptive-analytical, using data from literature reviews and semi-structured interviews. The results of the study indicate that the spread of online gambling advertisements is driven by the advertising features of PSE UGC and the weak effectiveness of existing self-regulatory policies. Additionally, the government is deemed to have been lenient in imposing administrative, criminal, or civil sanctions on PSE UGC, exacerbated by the ambiguous provisions of the Criminal Code (KUHP) and the ITE Law regarding gambling regulations. The research recommendations are for the government to pressure PSE UGC to strengthen internal policies regarding the prohibition of online gambling content, enforce administrative sanctions strictly, and revise ambiguous phrases in the Criminal Code and ITE Law to clarify regulations and strengthen law enforcement efforts against the spread of online gambling advertisements in Indonesia.  

Bintang Hafizh Setiawan; Hesti Rosdiana; Reja Reja

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

The development of information and communication technology (ICT), particularly the use of Artificial Intelligence (AI), the Internet of Things (IoT), and big data, has transformed Indonesia's national security threat landscape. Threats that previously focused on traditional military aspects have now shifted to non-traditional cyber threats, such as cyberattacks, digital espionage, and infrastructure sabotage. According to PROXSIS IT GRC data, in 2024, more than 19 million cyberattacks were recorded against websites in Indonesia. While this figure is a decrease compared to the previous year, this trend is thought to reflect a shift towards more structured and organized tactics by threat actors. In response, the Indonesian government established the National Cybersecurity Action Plan 2024–2028 as a strategic guideline. Furthermore, cyber diplomacy is being promoted through bilateral and multilateral cooperation, for example through the signing of memorandums of understanding (MoUs) with the UK and Kaspersky. This cooperation includes the exchange of intelligence information, strengthening human resource capacity, raising public awareness regarding cybersecurity, and protecting critical information infrastructure. This study uses non-traditional security theory and defense diplomacy to analyze the strategies, challenges, and prospects of Indonesia's cyber policy. The analysis demonstrates that cyber defense diplomacy plays a crucial role as an instrument for integrating technology, regulation, and international collaboration in safeguarding digital sovereignty. In addition to strengthening threat detection and mitigation capabilities, this diplomacy also builds networks of trust with partner nations, which is essential amidst the increasing complexity of global threats. Therefore, in the era of digital globalization, full of interconnections, cyber defense diplomacy serves not only as a national protection tool but also as Indonesia's contribution to global cybersecurity stability. This effort prioritizes synergy between technological innovation, law enforcement, and sustainable international cooperation.

Seri Mughni Sulubara; Virdyra Tasril; Nurkhalisah Nurkhalisah

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

This research examines in-depth legal protection against cybercrime in Indonesia, with a specific focus on ransomware attacks. It also evaluates the 2025 Draft Cyber Security and Resilience Law (RUU KKS) as a measure to strengthen the national cyber defense system. The increase in ransomware cases targeting personal data, public institutions, and vital infrastructure has posed a serious threat to information security and national stability. Although the 2008 Electronic Information and Transactions Law (UU ITE) and the 2022 Personal Data Protection Law (UU PDP) serve as the legal basis, these two regulations do not yet specifically and comprehensively regulate ransomware. This results in challenges in law enforcement and victim protection, both in technical aspects, coordination, and human rights protection. The research method used is normative legal with a qualitative approach, which includes analysis of primary and secondary legal materials, as well as comparisons with regulations in several countries that have more mature ransomware handling mechanisms. The analysis of the 2025 Cyber Security Bill (RUU KKS) indicates that this draft regulation has the potential to strengthen the authority of cyber authorities, mandate reporting of cyber incidents, and impose stricter sanctions on perpetrators. However, implementing this policy requires effective cross-agency coordination, transparent oversight, and synergy between the public and private sectors. This study concludes that the 2025 Cyber Security Bill (RUU KKS) represents a strategic step in building a national cybersecurity system that is adaptive, integrated, and responsive to evolving cyber threats. However, its success will depend heavily on improving public digital security literacy, multi-sectoral collaboration, investment in detection and prevention technology, and guaranteeing human rights protection. These findings are expected to provide input for policymakers in formulating comprehensive and sustainable cybersecurity regulations as a bulwark of national defense in the digital era.

Safriansyah Yanwar Rosyadi; Rineke Sara

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

The rapid development of information and communication technology has brought significant changes to social, economic, and political life in Indonesia. However, the complex and rapidly changing dynamics of cyberspace present major challenges in statute, personal data protection, disinformation, and cybersecurity. Unfortunately, the existing regulatory framework is still sectoral and has not yet responded holistically to the various digital issues that arise. This fragmented approach often leads to overlapping authorities, inconsistent enforcement, and gaps in addressing emerging cyber threats. Therefore, the establishment of the National Digital Commission is urgently needed as an independent institution tasked with coordinating, formulating, and overseeing digital policies in an integrated and systematic manner. This commission should consist of multidisciplinary experts in law, technology, and public policy, ensuring balanced perspectives in policy formulation. In addition, it should serve as a bridge between the government, the private sector, and civil society to facilitate inclusive and transparent digital governance. The National Digital Commission is expected to ensure cyberspace governance that is responsive to technological developments while maintaining digital resilience. It must also actively promote digital literacy, ethical online behavior, and responsible use of social media platforms to combat hoaxes and hate speech. Furthermore, the commission must strengthen Indonesia’s cybersecurity infrastructure to protect national interests and uphold the rights of its citizens in the digital space. By creating a unified regulatory framework and robust oversight mechanism, Indonesia can build a safer and more democratic digital ecosystem. This effort is essential in reinforcing accountability, defending cybersecurity, advancing democracy, ensuring governance, and safeguarding innovation in the face of rapid digital transformation.

Ghufron Rosadi Hidayah; Ha. Djazim Ma’shum; Muhammad Awaluddin

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

The development of digital technology has had a significant impact on people's lives, including the protection of citizens' privacy rights. One key issue that has emerged is the management and protection of personal data, which is increasingly vulnerable to misuse. This study aims to examine and compare the personal data protection provisions stipulated in the 2024 Electronic Information and Transactions Law (ITE Law) and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The research method used is a normative approach with comparative study techniques. The study focuses on the legal substance, scope of data protection, and institutional roles in implementing both regulations. The analysis shows that the ITE Law remains general in nature, lacking specific detailed regulations governing personal data protection mechanisms. Meanwhile, the PDP Law presents a more systematic and comprehensive specific regulation, referencing international principles such as the General Data Protection Regulation (GDPR) in the European Union. However, several implementation challenges exist, including overlapping authority between institutions, inconsistencies in legal norms, and limited adequate legal infrastructure. This situation has the potential to create regulatory dualism and complicate the law enforcement process. Therefore, steps are needed to harmonize the ITE Law and the PDP Law, strengthen the capacity of institutions responsible for data protection, and increase the digital literacy of the public so that citizens' digital rights can be optimally protected in the digital era.

Tagor Aruan; Rahmayanti Rahmayanti

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

The development of information technology has brought about significant changes in the social, economic, and legal life of global society. On the one hand, digitalization creates efficiency and convenience in various activities, such as financial transactions, communications, and access to information. However, on the other hand, this progress has also given rise to a new form of crime known as cybercrime. Cybercrime differs from conventional crime in that it is committed through electronic systems that can cross national borders and involve a large number of victims. This crime encompasses various forms, such as data hacking, online fraud, and malware distribution. This research aims to examine the development of cybercrime as a form of modern crime in the digital era and to assess the response of Indonesian criminal law to these challenges. The method used is normative legal, with a statutory, conceptual, and case study approach. This research also examines existing regulations, such as Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE) and Law Number 27 of 2022 concerning Personal Data Protection, in addressing cybercrime issues. The research results show that although Indonesia has several regulations related to cybercrime, their implementation still faces various obstacles. Some of the main obstacles include suboptimal law enforcement, limited technology and human resources, and low levels of public digital awareness. Therefore, regulatory reform, institutional capacity development, and increasing public digital literacy are essential. This is part of a national strategy to address cybercrime comprehensively and sustainably, in order to create a safer and more trustworthy digital environment.

Firman Nurdiyansyah Sunandar; Andri Herman Setiawan; Ahmad Juaeni; Johannes Triestanto

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

The rapid expansion of Indonesia’s digital economy and the enactment of the Personal Data Protection Law (Law 27/2022) have exposed significant shortcomings in the resolution of data-related disputes under existing judicial and administrative frameworks. Public adjudication of sensitive data conflicts can erode trust, impose reputational damage, and delay reparative outcomes, while courts often lack specialized expertise in technology and privacy. Drawing upon international precedents including the European Data Protection Board’s Article 65 GDPR mechanism, the EU–US Data Privacy Framework arbitration annex, and the European Patent Office’s data-protection arbitration rules this study examines the urgency and feasibility of establishing a dedicated Data Dispute Arbitration Forum in Indonesia. Through comparative analysis, it identifies core design elements such as expert-appointed tribunals, streamlined online procedures, confidentiality safeguards, clear enforcement under the New York Con-vention, and mechanisms for restorative remedies beyond fines. Anchored in Pancasila’s social-justice ethos and Indonesia’s ADR law (Law 30/1999) and ITE Law, the proposed institutional architecture integrates online dispute resolution (ODR) protocols, data-minimization and cybersecurity guidelines, and publicly anonymized award publication to foster legal certainty and raise awareness of data-protection obligations. A stakeholder impact assessment demonstrates that such a forum would benefit individual data subjects through low-cost, expeditious relief; controllers and processors through predictability and trade-secret protection; regulators through expert findings; and foreign investors through alignment with global data-governance standards. By aligning domestic legal values with international best practices, the specialized forum promises to bolster enforcement, restore public trust, and strengthen Indonesia’s competitiveness in the global digital marketplace.