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Muhammad Rizky; Rini Apriyani; Nur Aripkah

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 20 of the Personal Data Protection Law (UU PDP) normatively regulates the protection of data subjects and constitutes a key provision emphasizing the principle of consent as the legal basis for the processing of personal data for commercial purposes. This norm safeguards individual privacy rights, including the validity of explicit consent, the right to withdraw consent, and the responsibility of data controllers. Furthermore, Articles 65–70 of the UU PDP substantively regulate various forms of criminal violations in the context of personal data protection, including the acquisition, disclosure, processing, falsification, and illegal use of personal data, demonstrating the state’s commitment to providing criminal law protection against personal data breaches. This study employs doctrinal legal research with a descriptive-normative approach to address two main issues. First, it aims to examine and identify the legal protection of personal data trading under the UU PDP. Second, it seeks to analyze and identify the legal certainty of personal data trading as regulated by the UU PDP. Although Article 20 of the UU PDP is intended to provide strong protection against the commercial use of personal data, the provision still gives rise to legal uncertainty due to the lack of clear regulation of several crucial aspects. Similarly, Articles 65–70 contain significant legal uncertainties, particularly with regard to the elements of criminal offenses, forms of harm, corporate criminal liability, overlap with other regulations, and the absence of clear enforcement mechanisms and implementing institutions.  

Muhammad Rizky; Rini Apriyani; Nur Aripkah

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 20 of the Personal Data Protection Law (PDP Law) normatively regulates the protection of data subjects and constitutes a pivotal provision that underscores the principle of consent as the legal basis for the processing of personal data for commercial purposes. This normative framework safeguards individuals’ right to privacy, encompassing the validity of explicit consent, the right to withdraw such consent, and the accountability of data controllers. In parallel, Articles 65 to 70 of the PDP Law substantively establish various categories of criminal offenses within the context of personal data protection. These include the unlawful acquisition, disclosure, processing, falsification, and utilization of personal data. Collectively, these provisions reflect the State’s commitment to ensuring criminal legal protection against violations of personal data.This research adopts a doctrinal legal methodology with a descriptive-normative approach to address two primary issues: First, to examine and identify the scope of legal protection concerning the trade of personal data under the PDP Law; and Second, to assess and determine the degree of legal certainty afforded to the trade of personal data within the framework of the PDP Law.Notwithstanding the protective intent embodied in Article 20—particularly concerning the commercial use of personal data—this provision gives rise to legal uncertainty due to the absence of comprehensive regulatory clarity on several critical aspects. Similarly, Articles 65 to 70 continue to exhibit significant legal ambiguities, particularly with respect to the constituent elements of offenses, the definition of harm, corporate liability, regulatory overlap with other legislative instruments, and the lack of clear enforcement mechanisms and implementing institutions.

Arifin, Arifin; Khasanah, Dian Ratu Ayu Uswatun; Pongantung, Ronald Jolly

DINAMIKA HUKUM 2025 Universitas Stikubank

Cases of non-performance of contract. on the part of the aggrieved party bring the case to the criminal realm. The charge reported is the fraud article, even though the criminal offense has not been fulfilled. So that it has the potential to cause wrong criminalization, the main problem is the inaccurate use of the fraud article against defaults which are basically civil. The research method uses normative juridical with decision analysis and criminal and civil law studies related to non-performance of contract. and fraud. The results show that non-performance of contract. can only turn into a criminal offense of fraud if there are elements of intent, bad faith, use of deception, or falsification of agreements with the intention of benefiting oneself against the law. Therefore, law enforcement officials should be careful in distinguishing non-performance of contract. and fraud cases to avoid abuse of the law that harms the parties concerned. The hopes and solutions proposed are proportional law enforcement by paying attention to the element of malicious intent in determining criminal offenses, as well as legal education to the public so that they understand the difference between the civil and criminal domains in contractual disputes.

Alfathin Zakiy; Syahranuddin Syahranuddin; Rahul Ardian Fikri

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

This study analyzes the legal review of legal protection for motorcycle owners in cases of embezzlement. To anticipate the development of society in relation to changes in crime, efforts can be made to plan the creation of criminal law that accommodates all the dynamics of society. This is a policy issue, namely regarding the selection of means in regulating social life. The crime of theft is regulated in the Criminal Code book II chapter XXII Articles 362 to Article 367. Indonesia is a country that is included in the category of developing countries and of course cannot be separated from the problems that have been raised above. Crimes that occur in developing countries are still relatively high. Therefore, it is not surprising that the problem of crime or criminality in Indonesia is a result of the life of its people. Crime can be interpreted criminologically and juridically. One example of a crime is the crime of embezzlement which is regulated in Articles 372 to 377 of the Criminal Code.  The normative juridical research method with a descriptive approach, this study reveals that legal protection for motorcycle owners in embezzlement cases is based on Article 372 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law. The concept of imposing criminal penalties on embezzlement crimes in Indonesia. Article 372 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law. Thus, the judge sentenced the defendant to 3 (three) years in prison.

Rizka Febriana; Syarif Dahlan; Noviana Noviana

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

Regulatory changes through Law No. 3 of 2024 concerning the Second Amendment to Law No. 6 of 2014 stipulate an extension of the village head's term of office from six to eight years. This policy is intended to strengthen leadership stability and the sustainability of village development, but also raises concerns regarding reduced leadership circulation, weakened community political participation, and increased potential for abuse of power. This research uses empirical legal methods with sociological, conceptual, and case-based approaches, conducted through field observations and in-depth interviews with village officials, community leaders, MSMEs, and residents of Kerato Village. The results show a diverse response from the community. Some support this policy because it is seen as providing the village head with the opportunity to complete development programs sustainably. However, others reject it, arguing that term extension has the potential to reduce the quality of local democracy, limit leadership regeneration, and reduce the frequency of community political participation. The discussion emphasizes the dilemma between village government stability and the principles of participatory democracy. In conclusion, this policy is ambivalent: positive in maintaining development continuity, but risky for accountability and community participation. Therefore, strengthening the function of the Village Consultative Body (BPD), transparency, and effective oversight mechanisms are very necessary to maintain the balance between government stability and village democracy.

Nunung Futrianti; Lahmuddin Zuhri; Hanuring Ayu

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

The right to health services for residents of Senawang Village and evaluating the legal protection mechanisms that can be taken by residents of Senawang Village due to the lack of health services, the type of research used is empirical legal research. The approach method used is a sociological approach and a legislative approach, the type of data is primary data, secondary data and tertiary data. While the data collection techniques are in the form of interviews, literature, and documentation. Finally, with the analysis of the data obtained from this study, it can be concluded that the fulfillment of the right to a healthy life is a basic right that must be guaranteed, because health is part of the primary needs of every human being, which is clearly regulated in Article 28 H paragraph (1) of the 1945 Constitution and Law of the Republic of Indonesia Number 17 of 2023. However, the reality in the field shows that the implementation and implementation of these various policies is still far from expectations. This shows a gap between the ideal regulations on paper and their implementation in real life. Therefore, synergy between infrastructure policies and health services is crucial because without concrete improvements in the infrastructure sector, the goal of realizing equitable, fair, and high-quality access to health services for all Indonesians will be difficult to achieve.

Yulia Christy Shintara Aruan; Suci Ramadani; Rahmayanti Rahmayanti

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The criminal act of falsifying administrative documents related to civil registration is a form of crime that has serious implications for the order of state administration, public trust, and the validity of civil registration data. This study aims to analyse the motives and driving factors of perpetrators in falsifying administrative documents related to civil registration through the application of strain criminology theory. The research method used is normative legal research with a criminological approach, supported by a literature study of relevant laws, regulations, doctrines, literature, and court decisions. The results show that the falsification of administrative documents is influenced by the gap between the cultural goals of society—such as obtaining employment, education, and social status—and the limitations of available legal means. Social pressure, economic conditions, and negative experiences such as frustration and bureaucratic obstacles encourage individuals to commit illegal acts as a form of adaptation. In addition, other contributing factors include weak social control, opportunities created by an ineffective administrative system, and the influence of a permissive social environment on forgery practices. The conclusion of this study confirms that the crime of falsifying administrative documents is not solely an individual problem, but also a structural and systemic one. Therefore, prevention efforts must be comprehensive, not only through strict law enforcement, but also by improving the administrative system, strengthening bureaucratic oversight, and reducing the socio-economic pressures faced by the community.

Anfa’un Nisa’ Fidinir Rahman; Syariffudin Syariffudin; Fathol Bari

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This research aims to find out the regulations regarding deepfake crimes in Indonesia and to find out the ideal regulations regarding deepfake crimes in the future. This technology, which is increasingly developing rapidly, can essentially make it easier to do anything. Apart from that, technological developments can cause serious problems, one of which is the misuse of deepfakes which are part of artificial intelligence. Deepfakes certainly harm many people, starting from victims whose identities are used by fraudsters, to victims who suffer material losses. The absence of regulations governing deepfakes means that state protection for victims of this crime is still in doubt. This research uses a normative legal research method which uses 3 (three) approaches, namely the statutory approach, the comparative approach and the conceptual approach. This research uses data collection techniques through library research. This research uses descriptive data analysis techniques by presenting data and information as a description of the research subjects and objects which are arranged systematically so that they can be understood. This research also uses a prescriptive analysis method, namely by providing arguments on the research results that have been described. The results of this research show that Indonesia has not yet explicitly regulated deepfake crimes. Indonesia only regulates falsification of personal data in general in the ITE Law which is a derivative of the 1945 Constitution of the Republic of Indonesia.

Purnomo Purnomo; Zainal Arifin Hosein

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses the effectiveness of implementing administrative sanctions to overcome fraud practices by health facilities against National Health Insurance (JKN) participants in Indonesia. Fraud practices involving claim manipulation, bill inflation, and falsification of diagnoses result in losses for JKN participants and reduce the quality of health services. This study identifies challenges in supervision, regulatory weaknesses, and obstacles in law enforcement that affect the effectiveness of the administrative sanctions imposed. Based on the analysis, this study recommends regulatory reforms that include the implementation of stricter sanctions, strengthening supervision with information technology, and increasing outreach programs to raise awareness of the impacts of fraud. It is expected that with this reform, the JKN system can run more effectively and reduce fraud practices that are detrimental to all parties.

Ashira Salwa Bita; Mawar Mawar

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

A death certificate is proof of a person's death, but in its implementation there are still several problems, including that there are still people who have died but are included in the permanent voter list for the 2024 election and there are falsification of death certificates. The aim of this research is to find out and analyze the effectiveness of the death certificate recording program in the population and civil registration services of South Tangerang City. The method used in this research is a qualitative approach with descriptive methods. The results of the research show that target accuracy is said to be optimal, because people already know and receive death certificate registration services. The program socialization indicators are not yet optimal, because there are still people in the South Tangerang City area who do not know how important it is to take care of population administration, especially death certificates, due to the lack of socialization by the population and civil registration services. In terms of indicators of achieving program objectives, there are still people who have not registered death certificates even though they are aware of the existence of the death certificate registration program. In terms of monitoring indicators, the program has not gone well in its implementation because it was found that people had not registered death certificates, this is because the supervision carried out by the population and civil registration services did not reach enough and was not evenly distributed to all communities in South Tangerang City.

T. Riza Zarzani; Ismaidar Ismaidar; Sukardi Sukardi

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Customs is everything related to the supervision of the traffic of goods entering or leaving the customs area as well as the collection of import and export duties. Based on this definition of customs, the Directorate General of Customs and Excise (DJBC) has a very strategic role in both supervision and service. Economic life between one country and another is increasingly interdependent so that legal provisions in the field of international trade and transnational business are increasingly necessary. As time goes by, the presence of corporations in the economy is like a double-edged sword. On the one hand, it can provide benefits for economic growth through state income in the form of taxes thereby increasing the country's foreign exchange and on the other hand, it can threaten state income because corporations often commit crimes to gain as much profit as possible by falsifying goods export documents. The 1945 Constitution of the Republic of Indonesia Article 1 paragraph 3 states that Indonesia is a legal state. In accordance with the concept of a rule of law, everything related to processes carrying out aspects of government power is based on law, including the law enforcement process in cases in the customs sector, especially in the export sector. This research uses normative legal research methods. Normative research is research carried out by examining library materials using data sourced from secondary data, namely primary legal materials, secondary legal materials and tertiary legal materials. Data collection in this research was carried out by document study and literature study. Then it is described qualitatively to make it easier to draw conclusions from the data. The aim of this research is to determine the factors that cause corporations to commit criminal acts of falsifying export documents and to find out what corporate criminal liability is for criminal acts of falsifying export documents according to Law of the Republic of Indonesia Number 17 of 2006 concerning Customs.    

Novita Anggriani Lahabu; Rafika Nur; Darmawati Darmawati

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

There are so many cases where the perpetrators are more than one person, which occur in our society. Often there is debate in imposing punishment on the direct makers and the indirect makers of criminal acts. To impose a sentence on a case, the judge must know which maker is directly or indirectly and bases his decision apart from the law and also considers the demands of the public prosecutor. Sometimes the perpetrators of the crime of participation are not touched at all by the law so that what they should be prosecuted by law is not even processed. The purpose of this study is to examine the criminal responsibility of the perpetrators of the crime of counterfeiting. The research conducted is normative legal research. Based on the results of the research the defendant was proven guilty of committing the crime of "making and using fake documents" as stipulated and subject to criminal penalties in Article 264 paragraph (1) of the 1st Criminal Code and second article 264 paragraph (2) of the Criminal Code. The crime of inclusion is regulated in Article 55 and Article 64 of the Criminal Code