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Wilma Silalahi; Fitri Natasha Dachi

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The development of Artificial Intelligence (AI) technology has created various digital innovations, but it has also generated new forms of crime through the misuse of deepfake technology. This study aims to analyze the legal liability of social media platforms for the dissemination of AI-based deepfake content and the forms of legal protection for victims of digital fraud, particularly elderly groups, in the case of the “magical money ritual” scam using the identity of Ujang Busthomi. This research employs normative legal research methods using statutory and case approaches. The results show that perpetrators of deepfake fraud can be held criminally liable under Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of the Electronic Information and Transactions Law and Article 378 of the Indonesian Criminal Code concerning fraud. In addition, social media platforms as Electronic System Providers also bear preventive and repressive responsibilities under the ITE Law, Government Regulation on Electronic Systems and Transactions, and the Personal Data Protection Law to prevent the spread of illegal content. Legal protection for victims is carried out through criminal law enforcement, personal data protection, restitution mechanisms, and the enhancement of digital literacy in society.

Gloria Carvallo; Soni Esrayanus Benu

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Human Trafficking (TPPO) has undergone a significant transformation in its modus operandi alongside the massive use of information technology, giving rise to the phenomenon of cyber-recruitment within the online scam industry. This study aims to analyze the juridical construction of the criminal elements in the cyber-recruitment modus operandi based on Law Number 21 of 2007, and to evaluate the potential disharmony of norms between the TPPO regulation and the Electronic Information and Transactions Law (UU ITE) regarding the regulation of digital evidence. The research method employed is normative legal research with a statutory approach and a conceptual approach. The results indicate that, dogmatically, the elements of TPPO—comprising the process of virtual recruitment, the means of fraudulent job promises, and the purpose of digital forced labor exploitation—under Law No. 21 of 2007 remain relevant for prosecuting cyber-recruitment perpetrators, although it demands a broader legal interpretation of cyberspace realities. However, legal certainty issues were found due to the lack of synchronicity in the regulation of digital evidence, where differences in procedures and qualifications exist between electronic evidence in the TPPO Law and the evidentiary standards in the UU ITE, which are volatile in nature. The implications of this research conclude the need for regulatory synchronization through the establishment of technical guidelines for handling TPPO-specific electronic evidence to provide a solid legal foundation for law enforcement agencies. This step is crucial to overcome cross-border jurisdictional obstacles and to ensure substantive justice and comprehensive protection of victims' rights in the digital era.

Gina Sonia Kafiar

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2026 Lembaga Pengembangan Kinerja Dosen

Phishing is a form of cybercrime that has experienced a significant increase in frequency within Indonesia. This fraudulent practice aims to deceive victims into surrendering personal data or sensitive financial information by impersonating trusted institutions. Such crimes result in substantial losses for both individuals and the business sector, particularly concerning personal data protection and digital transaction security. This research aims to analyze the legal regulations and the role of supervisory institutions in addressing phishing threats in Indonesia using a normative legal research method. The legal analysis encompasses the implementation of the Electronic Information and Transactions Law (UU ITE), specifically Article 28, paragraph (1), and the Personal Data Protection Law (UU No. 27 of 2022), which serves as the primary foundation for privacy rights. Furthermore, this study examines the Consumer Protection Law and the Indonesian Criminal Code (KUHP) as enforcement instruments. The strategic roles of the Financial Services Authority (OJK) and Bank Indonesia (BI) are also discussed in the context of risk mitigation within the financial sector. The findings indicate that law enforcement effectiveness is still hindered by low digital literacy, limited forensic technology infrastructure, and jurisdictional challenges in tracking cross-border perpetrators. Consequently, a synergy between regulatory strengthening, international collaboration, and massive public education is required to comprehensively suppress these cybercriminal activities.

Nurtisari Nurtisari; Ni Made Witari Dewi; I Wayan Adnyana

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2026 International Forum of Researchers and Lecturers

This research is motivated by the rise of online sales fraud cases on the island of Bali that are detrimental to consumers, the purpose of this research is to analyze it from the aspect of juridical studies and the basis of judges' decisions in deciding cases, this research uses a normative method with a library approach, the results of the study show that online fraud crimes utilize digital technology to manipulate data, here the defendant uses fake transfer evidence as a tool to deceive the store that meets the elements in Article 378 of the Criminal Code, namely the intention to benefit oneself unlawfully, and Article 35 of the ITE Law concerning manipulation of electronic information with the aim of making the data considered authentic, the basis for the judge's consideration to pass a verdict because the existence of photos of transfer evidence and the victim's account balance is sufficient to convince the judge that the defendant is guilty. Legal protection for victims of online fraud has been regulated in the Consumer Protection Law, the ITE Law and government regulations related to electronic transactions, but to strengthen preventive and systemic efforts, public education and increased capacity of law enforcement officers are needed, With the latest regulations such as Law No. 1 of 2024 concerning the second amendment to the ITE Law, Presidential Decree No. Law No. 49 of 2024 concerning the National Strategy for Consumer Protection and Minister of Trade Regulation No. 17 of 2024 concerning the National Action Plan for Consumer Protection have implications for strengthening legal protection for victims of online fraud, which is expected to provide a sense of security in digital transactions.

Ananda Clarissa; Ika Dwi Maya Roza; Ashira Naila Susanti; Devi Riani; Muthia Salsabila

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The rapid growth of digital transactions through marketplace platforms has driven significant changes in the consumption patterns of Indonesian society. Behind the convenience and efficiency offered, online transactions also pose various legal risks for consumers, including product mismatches, fraudulent practices, and weak personal data protection. This situation creates an urgency to assess the effectiveness of the implementation of consumer legal protection in digital transactions. This study aims to analyze the level of effectiveness of consumer legal protection in digital transactions in Indonesian marketplaces and to identify obstacles in its implementation. The method used is normative legal research with an approach based on legislation and literature studies, particularly on the Consumer Protection Law, the Electronic Information and Transactions Law, and Government Regulation Number 80 of 2019. The research results indicate that although a legal framework for consumer protection is normatively available, its implementation has not been optimal. This is influenced by low consumer legal literacy, weak supervision and law enforcement, unclear responsibilities between business actors and marketplace platforms, and the suboptimal personal data protection system. Therefore, there is a need to strengthen regulations that are adaptive to digital transactions, enhance the role of marketplace platforms, and develop effective online dispute resolution mechanisms to ensure protection and legal certainty for consumers.