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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.

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.

Syifa Nurul Sabila; Wira Atman

Lembaga Pengembangan Kinerja Dosen 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to critically analyze the impact of the SIM card data leak by an anonymous actor named Bjorka on the level of public trust in digital security in Indonesia which first appeared in mid-2022, precisely in August 2022. In addition, it evaluates the extent to which the national legal system is able to provide protection for digital service users and examines the social, moral, and ethical responses of society in addressing the incident. This case demonstrates that data breaches are not merely technical issues but also shake the legitimacy of the state in safeguarding citizens’ privacy rights, while revealing gaps in regulatory systems and data governance. This research employs a qualitative approach with a descriptive method. Data were collected through literature reviews of scholarly articles, academic journals, policy reports, and relevant opinion pieces. The findings indicate that Bjorka’s data breach incident triggered a crisis of public trust in government institutions and digital service providers. The public responded with fear, anger, and disappointment, mainly due to the lack of transparency and accountability from the responsible parties. Moreover, the implementation of Law No. 27 of 2022 on Personal Data Protection is considered ineffective, both in terms of law enforcement and the readiness of technical and institutional infrastructure.