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Fredy Ied Fitriadi; Aldhitama Ramadhan; Fasub Hanal; Jimmi MP Aritonang

Prosiding Seminar Nasional Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the foundational framework and evolving dynamics of Indonesian civil procedural law (Hukum Acara Perdata) amid its transformation from colonial legal heritage toward a modern, digitalized justice system. Using normative-doctrinal legal research methodology combined with empirical court statistics from 2022–2024, the study analyzes four dimensions: (1) core procedural principles rooted in the HIR and RBg; (2) the mandatory mediation framework under PERMA No. 1 of 2016; (3) the evolution of evidence law toward electronic evidence under the amended UU ITE (Law No. 1 of 2024); and (4) mechanisms of judicial decisions and legal remedies. Findings show that e-court implementation has dramatically increased efficiency minutasi productivity rose from 64.35% (2022) to 96.50% (2024)—while 594,816 users registered through e-court by 2023. The study concludes that Indonesia’s civil procedural law is actively adapting to technological disruption, though structural challenges such as digital inequality, electronic evidence authentication gaps, and regulatory harmonization remain unresolved.

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.

Jericho Owen Geraldo Manalu

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of e-commerce in Indonesia makes transactions easier for consumers, but also presents various losses, such as fraud, goods that do not match the description, leaks of personal data, and problems with returning goods. In this context, Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) exists as a legal basis which is expected to provide protection for consumers in online buying and selling transactions. This research aims to explore and analyze the effectiveness of the legal protection provided by the ITE Law for consumers, with a focus on protection for detrimental transactions, consumer personal data, as well as dispute resolution mechanisms. The research method used is a normative approach with a literature study of statutory regulations and related legal literature. The research results show that the ITE Law provides quite comprehensive legal protection, including the obligation of electronic system operators to ensure the security of transactions and personal data, as well as regulating sanctions for perpetrators of fraud. However, even though regulations already exist, implementation and consumer understanding of their rights is still a major challenge.

Putu Sri Widari Pradnyani

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The development of digital media has made food reviews an important factor in shaping consumer perceptions and decisions, especially for Micro, Small, and Medium Enterprises (MSMEs) in the culinary sector, which are highly dependent on reputation. However, food reviews that are not objective, not based on real experiences, or presented in an exaggerated manner have the potential to cause material and immaterial losses for MSMEs. This study aims to analyze the forms of legal protection for MSMEs due to biased food reviews in digital media and to examine the legal basis for liability for such reviews based on the Civil Code and the Electronic Information and Transactions Law. The research method used is normative juridical with a regulatory approach and conceptual through the analysis of primary and secondary legal materials. The results of the study show that MSMEs can take legal action through lawsuits for unlawful acts and criminal provisions in the ITE Law, although its implementation still faces obstacles in the form of the nature of complaint offenses and difficulties in proving them. This study emphasizes the need to strengthen regulations and ethical guidelines for digital reviews in order to provide more proportional legal protection for MSMEs.  

Putu Bangli Suri Artani; Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of communication technology in the digital era has had a significant impact on people's interaction patterns. One of the important aspects in this case is its influence on communication behavior, both in social, economic, and political life. The Electronic Information and Transaction Law (UU ITE) which was passed in Indonesia in 2008, acts as a regulation to regulate the use of communication technology, especially in cyberspace, with the aim of protecting the public from misuse of technology such as defamation, fraud, and hate speech. This research aims to analyze how the influence of the ITE Law on changes in community interaction patterns in digital space, both positively and negatively. Research results show that although the ITE Law provides a clear legal framework, there are challenges in its implementation that have the potential to hinder freedom of opinion and change the way people interact online. On the other hand, this regulation also spurs the public to be more careful and responsible in communicating through digital platforms.  

Wayan Zenitia Devi

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

The development of deepfake technology, which utilises artificial intelligence to manipulate images, videos and sounds, has led to a serious threat of sextortion. In the Indonesian context, high internet penetration and low awareness of digital security increase the risk of this crime. This research analyses the legal consequences of the misuse of deepfake technology in sextortion based on the Electronic Information and Transaction Law (UU ITE). Using normative juridical methods and descriptive-qualitative analysis, this research examines the legal challenges faced in enforcing sanctions against this crime and provides recommendations to strengthen the legal framework in Indonesia. The results show that there are gaps in the legal framework that need to be addressed, as well as the importance of education and capacity building of law enforcement in dealing with cybercrime. In addition, the development of more sophisticated deepfake detection technology is expected to be a solution in tackling this abuse in the future.

Rizqy Prasetyani Putri; Shinta Pramesti Kartika Hadist; Suryana Hasbas

Jurnal Pariwisata Indonesia 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Digital transformation has transformed the tourism promotion landscape through social media, travel marketplaces, and user-experience-based content. Visual, interactive, and rapidly disseminating digital information shapes destination images and influences traveler decisions. However, the lack of digital promotion standards allows for misleading promotional practices, visual manipulation, false testimonials, and exaggerated claims that have the potential to harm tourism consumers. This study aims to analyze the synchronization between the Electronic Information and Transactions Law (UU ITE) and the Tourism Law in overseeing digital tourism promotion. This study uses a normative juridical method with a legislative approach and a literature review of academic documents and related news. The research findings show that while both laws share the same goal of ensuring accurate and non-misleading information, neither provides specific technical standards for digital promotion. The ITE Law is general and does not specifically regulate tourism promotion, while the Tourism Law was drafted before social media became a primary tool for destination marketing. This has resulted in regulatory gaps and fragmented authority between the Ministry of Communication and Informatics, the Ministry of Tourism and Creative Economy, BPKN, and BPSK. This research recommends the establishment of derivative regulations related to digital promotion, ethical content standards, advertising transparency, and an integrated cross-agency oversight mechanism to protect tourism consumers in the digital space.

Hery Dwi Utomo; Bulelani Thukuse

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The development of information technology has given rise to a new form of business transaction: the electronic contract. This contract form replaces the traditional process that requires a physical meeting between the parties. However, questions arise regarding the validity of e-contracts from the perspective of Indonesian civil law, specifically based on Article 1320 of the Indonesian Civil Code (KUHPerdata) and the provisions of Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE). This research aims to analyze the validity of electronic contracts as legally binding agreements and to assess the extent to which the ITE Law can serve as their legal basis. Using a normative juridical legal research method, the research results show that e-contracts are valid and binding as long as they meet the requirements for the validity of an agreement under Article 1320 of the Civil Code, namely consent, capacity, a specific object, and a lawful cause. The ITE Law expands the recognition of electronic evidence and digital signatures as valid evidence in civil law. Thus, electronic contracts have the same legal force as conventional contracts, as long as they meet the principles of free will and the integrity of a reliable electronic system.

Adlan Ali; Emir Zaygh

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid growth of online commerce in Indonesia has significantly transformed the way people fulfill their daily needs by providing easier, faster, and more flexible access to goods and services through digital technology. Despite these advantages, the development of e-commerce also presents serious challenges, including rising cases of online fraud, discrepancies between advertised and delivered products, failed transactions, and personal data breaches that threaten consumer privacy. These issues create imbalances in digital contractual relationships, undermining trust and legal certainty for buyers. This study aims to analyze the implementation of the principle of fairness for consumers in e-commerce practices in Indonesia, while also identifying regulatory weaknesses and existing dispute resolution mechanisms. Using a normative legal research approach supported by case studies, the study examines the effectiveness of relevant legal frameworks, particularly the Consumer Protection Law (UUPK) and the Electronic Information and Transactions Law (UU ITE). The findings reveal that although these regulations provide a legal basis for consumer protection, their implementation remains inadequate. Weak supervision of online business actors, limited accountability of platform providers in ensuring transaction security, and complex, costly compensation procedures continue to hinder consumer rights protection. These conditions highlight the urgent need to strengthen consumer protection systems that are more adaptive, efficient, and oriented toward public interest. The study emphasizes the importance of improving online dispute resolution mechanisms, enhancing transparency and responsibility of digital platforms, and expanding digital literacy among consumers. Such measures are essential to ensure that fairness in e-commerce is not only guaranteed normatively, but also effectively realized in everyday digital transactions.

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 Fuady; Fauzie Yusuf Hasibuan; Zulkarnaen Kotto

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

Indonesia's digital transformation has accelerated dramatically, creating unprecedented opportunities alongside significant cybersecurity challenges. This article examines the current state (das sein) and normative expectations (das sollen) of Indonesia's cybersecurity and data protection legal framework through a comprehensive normative legal analysis. The study reveals critical gaps in existing legislation, particularly the Information and Electronic Transactions Law (UU ITE). It evaluates the potential impact of emerging regulatory frameworks, including the Draft Law on Personal Data Protection (RUU PDP). Using normative legal research methodology, this analysis draws from statutory regulations, policy documents, and comparative legal studies to assess Indonesia's legal preparedness for evolving cyber threats. The findings indicate that while foundational legal instruments exist, significant normative reforms are required to address sophisticated cybercrime, protect individual privacy rights, and maintain national digital security. The research concludes with actionable recommendations for legislative enhancement, institutional strengthening, and public-private collaboration to establish a robust, adaptive cybersecurity legal regime that meets international standards while addressing Indonesia's unique socio-legal context.

Maulana Muhamad, Randi; Faizin, Muhammad; Agus Pranata, Yuda; Afrizal, Mohamad

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

This study explores the tension between freedom of expression and the enforcement of criminal law in the digital space, using a case study of political memes depicting national figures Prabowo Subianto and Joko Widodo in a satirical context. The case sparked controversy after law enforcement authorities applied morality provisions from Indonesia's Electronic Information and Transactions Law (UU ITE), which many experts consider irrelevant to the substance of the content. Employing a qualitative approach through literature review, the analysis is framed within three theoretical perspectives: Constitutional Democracy Theory, Human Rights Theory, and Criminal Law Theory. The findings reveal that the application of ambiguous provisions in the UU ITE to digital expression has the potential to violate the rule of law, restrict civil liberties, and create a chilling effect on citizens' political participation. Consequently, this study recommends legal reform and the enhancement of digital literacy as strategies to strengthen constitutional democracy in the digital era.

Arya Pradipa

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

The development of information technology has brought about significant changes in civil case evidence practices in Indonesia, especially after the enactment of Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) and the implementation of the e-Court system. This paper aims to analyze the status of electronic evidence in civil litigation following the enactment of the ITE Law and the development of electronic case administration. The research method employed is a normative legal approach, involving an analysis of legal regulations as well as primary and secondary legal literature. The analysis reveals that the ITE Law recognizes electronic information as valid evidence, but its integration into civil procedure law still faces procedural challenges due to the lack of detailed regulatory frameworks outlining the mechanisms for submitting and verifying digital evidence. Meanwhile, the e-Court system accelerates administrative processes and supports the use of electronic evidence, but limitations in infrastructure and technical literacy among judicial officials hinder optimal implementation. These findings underscore the urgency of harmonizing civil procedure law with the provisions of the ITE Law, as well as strengthening authentication standards and digital forensic capabilities for law enforcement officials.

Kadek Reza Ayuning Pranindya

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

Personal data dissemination is a new type of crime that has emerged in the digital world. The rapid development of technology has led to various innovations in data storage, one of which is through barcode technology. Although it provides convenience, this technology also opens up new gaps in cybercrime, especially the misuse and dissemination of personal data stored in barcodes. The impacts of the spread of personal data include damage to personal reputation due to the widespread dissemination of personal data on the internet, the emergence of cyber bullying and sexual harassment, personal data that has the potential to be sold, and the distress and psychological trauma experienced by victims of personal data dissemination. The purpose of this study is to analyze how law enforcement against perpetrators of abuse of the spread of personal data stored in barcodes is reviewed from the ITE Law and the PDP Law, and identify preventive efforts that can be made to prevent these crimes. This research uses a normative juridical approach method used to examine applicable legal norms related to personal data protection. With a statute approach, books, scientific journals, and the internet. The results showed that, although the ITE Law does not specifically regulate barcode technology, the protection of personal data stored in barcodes is still subject to the provisions of the ITE Law and Law Number 27 of 2022 concerning Personal Data Protection.

I Gusti Ayu Pramesti Gayatri Devi

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

The general election as a pillar of democracy faces new challenges with the rapid development of information technology, one of which is the practice of doxing—disseminating personal data without consent to harm individuals. In the context of Indonesia’s 2024 General Election, doxing cases have increased, targeting political figures and ordinary citizens, potentially undermining political participation and violating the right to privacy. This study aims to analyze the legal framework governing doxing based on Law Number 1 of 2024 concerning Electronic Information and Transactions (ITE Law) and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), as well as to examine the form of criminal liability for perpetrators of doxing in the context of the 2024 election. This normative juridical research employs statutory, conceptual, and case approaches. The findings reveal that although not explicitly regulated, doxing can be classified as a legal violation under the two laws. However, law enforcement still faces technical and normative obstacles, such as difficulty in identifying perpetrators and proving intent. Strengthening legal provisions and the capacity of law enforcement officers is essential to ensure accountability without compromising democratic principles.

Fina Khoirunnisa; M. Haikal Nazar Shohib; Fariha Qonita Salma

Prosiding Seminar Nasional Ilmu Pendidikan 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

As a democratic legal state, Indonesia is obligated to guarantee press freedom as an information source for the community and as a social watchdog. The ITE Law, a response to technological developments, affects the existence of press media, which now present information digitally. This research focuses on two main issues: First, it examines the implications of the ITE Law on press freedom using Lawrence M. Friedman's theory. Second, it explores how to ideally guarantee press freedom through the legal protection of journalists. This study aims to examine the extent to which the ITE Law restricts press freedom. This study employs a normative juridical approach with a literature review and case analysis of the criminalization of journalists in Indonesia. The results show that the ITE Law creates legal ambiguity, thus triggering the abuse of vague articles, particularly Article 26, paragraph 3, which contradicts press freedom as protected by the 1945 Constitution. The study concludes that there is a need for a fundamental revision of the ITE Law to create a balance between individual rights and public interests. Alternative solutions include synchronizing the law with the press law and strengthening the role of the Press Council.

Joko Christopher Samosir; Suci Ramadani; Ismaidar Ismaidar

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study discusses the accountability of perpetrators of online gambling crimes in Indonesia from the perspective of applicable positive law. Online gambling is a form of cybercrime that has developed along with advances in information and communication technology, and has various negative impacts on society, including economic losses, moral damage, and increasing crime rates. The main focus of this study is to examine how legal regulations in Indonesia, especially in the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and other related regulations, regulate and ensnare online gambling perpetrators, both as the main perpetrators, platform providers, and service users. This study uses a normative juridical method with a statutory approach and a case approach. Data were obtained through literature studies and analysis of relevant court decisions. The results of the study show that although Indonesian positive law has regulated the prohibition of gambling, there are still gaps in norms and challenges in implementation, especially related to evidence, jurisdiction of cross-border perpetrators, and adaptation of law enforcement officers to digital modus operandi. The conclusion of this study emphasizes the need for synchronization of regulations and increased law enforcement capacity, including the formation of more comprehensive special regulations regarding online gambling crimes. This is important so that the criminal responsibility of the perpetrator can be enforced effectively within the framework of justice and legal certainty.

Naswa Fiolla Anggraini; Sidi Ahyar Wiraguna

RISOMA : Jurnal Riset Sosial Humaniora dan Pendidikan 2025 Asosiasi Ilmuwan Pendidikan, Sosial, dan Humaniora Indonesia

This study aims to analyze the legal responsibilities that can be imposed on online lending platform organizers for the misuse and illegal distribution of consumer personal data. With the rapid development of the online lending industry, the issue of protecting consumer personal data has become a very important issue. Misuse of personal data can have serious impacts on consumers, including identity theft and financial loss. Therefore, this study examines the forms of legal responsibilities that can be applied, such as administrative, criminal, and civil responsibilities, as well as the obstacles faced in their implementation. This study uses a normative approach with an analysis of applicable regulations, namely the Personal Data Protection Law (UU PDP), the Electronic Information and Transactions Law (UU ITE), and other related regulations. Data were obtained through a literature review covering relevant laws and regulations, journals, articles, and case studies. The results of the study indicate that online lending platform organizers can be subject to three forms of legal responsibilities. Administrative responsibilities include sanctions imposed by supervisory authorities such as the Financial Services Authority (OJK) and the Personal Data Protection Agency (BPDP). Criminal responsibilities can be in the form of imprisonment and fines for those who violate provisions related to personal data protection. Civil liability gives consumers the right to file a lawsuit for losses caused by a breach of their personal data. This study also identified various obstacles in implementing legal liability, such as lack of awareness of organizers, difficulties in supervision, and legal loopholes in user agreements.

Amanda Mellyuana

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

This study examines the effectiveness of the Electronic Information and Transactions Law (UU ITE) in addressing the dissemination of pornographic content on Twitter/X. Using a literature review approach, it highlights UU ITE’s role in regulating digital activities by prohibiting the distribution of obscene content. Despite providing a robust legal framework, its implementation faces significant challenges, including user anonymity and limited monitoring capabilities. Data from the Ministry of Communication and Informatics (Kominfo) reveals a substantial increase in the number of blocked pornographic content, although it represents only a fraction of the broader issue. Additionally, Twitter/X’s content moderation policies often conflict with local regulations, requiring closer collaboration between governments and digital platforms. Potential solutions include adopting artificial intelligence for automatic detection, enhancing user verification, and fostering international cooperation. This study concludes that synergy between the government, digital platforms, and the public is essential for creating a safer and more conducive digital space.