Journal of Digital Law and Policy (e-ISSN 2808-3458, p-ISSN 2808-3652) is a double-blind electronic journal managed and published by Catuspata Publisher three times a year (January, May and September). This journal is intended to develop mutual understanding and scientific discourses on rule of law and policy related social, political and economic issues, as well as emerging issues of interest to academics, legislators, professionals and industries in the digital world.
Eco-Digital Citizenship: The New Frontier of Pancasila Anti-Corruption Education
Anti-corruption education within Pancasila education has largely been framed as part of character education, emphasizing individual morality such as honesty, responsibility, and discipline. While this approach provides an important ethical foundation, it tends to reduce corruption to a matter of personal conduct and overlooks its broader structural and ecological consequences. This article addresses this limitation by examining how anti-corruption education can be reconsidered beyond an individual moral framework. Using a critical literature review, this study analyzes the intersections between anti-corruption education, Pancasila education, and environmental education. The analysis identifies a dominant tendency to frame corruption as a moral issue, alongside a conceptual disconnection between anti-corruption discourse and ecological concerns. At the same time, emerging perspectives in environmental ethics and civic education suggest the need to understand corruption in relation to its systemic and ecological impacts. Based on these findings, this article proposes a reframing of anti-corruption education through the lens of ecological responsibility. Rather than treating corruption solely as a moral violation, it is conceptualized as a relational phenomenon with broader social and environmental consequences. This perspective positions anti-corruption education as part of a civic-ecological framework that connects integrity with ecological awareness. By doing so, the study offers a conceptual direction for rethinking value-based education within Pancasila education in a way that is more responsive to contemporary challenges.
Copyright (c) 2026 Journal of Digital Law and Policy https://creativecommons.org/licenses/by-nc-sa/4.0
Evaluating Cybercrime as a Violation of IT Professional Ethics: A Case Study Analysis of the 2020–2025 Ransomware Attacks
Ransomware attacks are a form of cybercrime that has seen a significant increase during the digital transformation era, causing serious impacts on information system security, service continuity, and public interests. This research aims to evaluate cybercrime as a violation of the professional code of ethics for information technology thru a case study analysis of ransomware attacks that occurred between 2020 and 2025. This research employs a descriptive qualitative approach with literature review and document analysis methods, encompassing scientific publications, cybersecurity reports, policy documents, and professional codes of ethics for information technology. The research results indicate that many ransomware attacks are closely related to weak information system security governance, professional negligence, and a lack of competence and ethical awareness in system management. This condition reflects a violation of the core principles of the information technology professional code of ethics, specifically the principles of responsibility, professional competence, integrity, and protection of public interest. Additionally, an analysis of the national cybersecurity landscape thru the National Cyber Security Index (NCSI) indicates that despite an increase in Indonesia's score and ranking in 2023, strengthening technical aspects must be balanced with consistent ethical and professional practices at both the individual and organizational levels. This research concludes that preventing and mitigating ransomware attacks cannot rely solely on technical solutions, but requires integration between system security governance, professional competence enhancement, and adherence to the professional code of ethics for information technology to support cyber resilience and safe and sustainable digital transformation.
An Analyzing Law Enforcement Challenges in Cross-Border E-Commerce between Indonesia and ASEAN Member States
The rapid growth of cross-border e-commerce within ASEAN has expanded regional trade opportunities while simultaneously generating increasingly complex legal enforcement challenges. Transactions frequently involve multiple jurisdictions, digital platforms, payment intermediaries, and cross-border data flows, creating difficulties in determining applicable law, allocating regulatory responsibility, and enforcing legal remedies. This study examines the principal law enforcement challenges affecting cross-border e-commerce between Indonesia and ASEAN member states through a comparative normative legal analysis. The research analyzes regulatory frameworks governing electronic transactions, consumer protection, and personal data protection across ASEAN jurisdictions, with particular attention to their implications for cross-border enforcement. The findings indicate that despite the widespread recognition of electronic transactions and the existence of supporting legal frameworks across ASEAN, enforcement remains constrained by jurisdictional fragmentation, divergent platform accountability standards, limitations in cross-border evidence gathering, uneven consumer redress mechanisms, and varying approaches to data governance. The study further demonstrates that ASEAN-level instruments have contributed to regulatory cooperation but have not fully resolved practical enforcement barriers. Accordingly, this article proposes several minimum harmonization priorities aimed at strengthening regulatory interoperability, enhancing cross-border cooperation, and improving consumer protection within the ASEAN digital marketplace. The study contributes to the growing discourse on digital trade governance by providing an integrated comparative framework that connects electronic transaction regulation, consumer protection, and data governance within a single enforcement-oriented analysis.
The Role of Information Technology Professionals in Maintaining Integrity and Moral Responsibility in Modern Digital Work Environments
This study aims to examine the role of Information Technology (IT) professionals in maintaining integrity and moral responsibility within modern digital work environments characterized by rapid technological advancement and increasing ethical complexity. The research employs a qualitative approach by combining a systematic literature review and conceptual analysis of scholarly publications, professional codes of ethics, and relevant regulatory documents at both international and Indonesian levels. The findings reveal that IT professionals play a strategic role in ensuring data privacy protection, cybersecurity risk management, prevention of algorithmic bias, and the development of ethical software and digital governance practices. Furthermore, the study highlights the importance of continuous ethics training, strong organizational policies, interdisciplinary collaboration, and transparent reporting mechanisms in supporting ethical decision-making among IT practitioners. Integrating global ethical standards with local cultural values, particularly the principles of Pancasila, is found to strengthen moral responsibility and professional integrity in the Indonesian digital context. This study implies that ethical governance in IT not only enhances organizational trust and regulatory compliance but also contributes to the sustainability and accountability of digital work environments. The findings offer practical insights for organizations, policymakers, and educators in strengthening ethical frameworks and promoting responsible digital practices.
The Impact of the Digital Divide on Equal Employment Opportunities in the Digital Economy Era
The rapid growth of the digital economy has transformed labor markets and created new employment opportunities through digital platforms, remote work, and technology-driven entrepreneurship. However, unequal access to digital infrastructure, internet connectivity, and digital literacy continues to limit participation in these opportunities, particularly among individuals residing in rural and underdeveloped regions. This study examines the impact of the digital divide on equal employment opportunities in Indonesia’s digital economy and analyzes the issue through the perspective of Pancasila, particularly the Fifth Principle of “Social Justice for All Indonesian People.” A qualitative research approach was employed using a Systematic Literature Review (SLR) and policy analysis of scholarly publications, government reports, and official documents published between 2020 and 2025. The collected data were analyzed using thematic content analysis to identify key challenges and opportunities related to digital inclusion and employment participation. The findings indicate that disparities in digital infrastructure, digital literacy, platform accessibility, and governance continue to contribute to employment inequality within the digital economy. At the same time, digital transformation provides significant opportunities for entrepreneurship, remote work, digital education, and workforce development. Based on these findings, this study proposes a Pancasila-Based Digital Inclusion Framework consisting of four pillars: Inclusive Digital Infrastructure, Digital Literacy and Human Capital Development, Inclusive Governance and Regulatory Support, and Ethical Human-Centered Technology. The study concludes that aligning digital transformation with the principles of social justice is essential to ensuring equal employment opportunities and promoting inclusive and sustainable development in Indonesia’s digital economy
Bank Liability to Customers in Cases of Skimming and Account Break-Ins Civil Law Perspective
This study aims to analyze the legal liability of banks toward customers who suffer losses caused by skimming and account breaching, and to axime the extent to wich Indonesia’s positive law provides legal protection for customers. This research uses a normative legal method with statutory and conceptual approaches through library research. Data were collected from laws and regulations, legal literature, journals, and relevant court decisions. The result show that skimming and account breaching are cybercrimes that directly cause finansial losses to customers. Bank liability can be claimed through breach of contract (wanprestasi) and unlawful act (perbuatan melawan hukum) as regulated in the Indonesia Civil Code, as well as under the Banking Law and the Consumer Protection Law. Meanwhile, the ITE Law provedis criminal sanstions for perpetrators of cybercrime. However, in practice, legal protection for customers remains ineffective. The Selayar District Court Decision No.30/Pid.Sus/2019/PN.Slr shows that although perpetrators may be punished, customer compensation must still be pursued through civil proceedings or consumer protection mechanisms. This indicates a gap between legal norms and their implementation in practice.
Ethics and Corporate Social Responsibility in Digital Business: Strategies for Sustainable and Inclusive Innovation
The digital transformation of businesses has redefined corporate social responsibility (CSR), introducing new opportunities and challenges in achieving sustainable development and social equity. This study explores how digital technology reshapes CSR practices, focusing on strategies that digital companies, particularly in Indonesia, can implement to foster transparency, stakeholder trust, and environmental sustainability. Using a qualitative research approach based on literature analysis and case studies, the findings reveal that while digital platforms enhance the efficiency and reach of CSR initiatives, issues such as limited digital literacy, regulatory gaps, and ethical risks pose significant challenges. The emerging concept of Corporate Digital Responsibility (CDR) is examined as a framework for addressing ethical data management, digital inclusion, environmental concerns, and responsible technology use. Practical strategies are proposed, including strengthening digital literacy, promoting multi-sector collaboration, leveraging innovative technologies ethically, embedding ethical governance structures, and ensuring continuous monitoring and adaptation of CSR initiatives. The study concludes that digital CSR, when guided by strong ethical principles and inclusive strategies, not only reinforces corporate reputation but also positions businesses as vital actors in building a sustainable, equitable digital society. Integrating ethics into digital business practices is thus not merely a compliance requirement but a strategic imperative for long-term corporate success and positive societal impact.
Copyright (c) 2025 Journal of Digital Law and Policy https://creativecommons.org/licenses/by-nc-sa/4.0
Developing a Sustainable Digital Ecosystem in Indonesia: The Role of Pancasila in Guiding Technological Advancement
Indonesia’s rapid digital transformation has reshaped various aspects of social, economic, and cultural life. However, the integration of digital technology must not neglect the nation’s philosophical and ethical foundations. This study explores the operationalization of Pancasila Indonesia’s national ideology as a guiding framework for developing a sustainable and ethical digital ecosystem. Using a qualitative descriptive approach through systematic literature review and thematic content analysis, this research analyzes how the five core principles of Pancasila can be embedded within key dimensions of digital transformation. The findings reveal that Pancasila provides a normative compass for shaping digital governance, ethical technology design, inclusive infrastructure, and responsible digital citizenship. Despite facing several challenges such as globalized and value-neutral technologies, the digital divide, regulatory gaps, and the risk of cultural erosion Indonesia possesses significant opportunities to build a localized digital transformation model. These opportunities include leveraging Pancasila as a unifying narrative, fostering ethical technology innovation rooted in local values, strengthening multi-sector collaboration, and integrating digital ethics into the education system. This study concludes that aligning technological advancement with Pancasila values is essential for ensuring Indonesia’s digital transformation remains inclusive, ethical, and culturally resilient. The operationalization of Pancasila within the digital ecosystem not only preserves Indonesia’s national identity but also enhances social harmony, digital equity, and sustainable innovation.
Harmonizing Local Culture and Digitalization: The Role of Pancasila in Preserving Local Wisdom in the Digital Era
This study explores the role of Pancasila as a fundamental philosophical framework in preserving local wisdom amidst Indonesia’s rapid digital transformation. The advancement of digital technology provides opportunities for cultural preservation but also introduces significant challenges, including cultural homogenization, digital divides, and the commodification of local traditions. Employing a qualitative approach through literature review, this study synthesizes previous findings and proposes a Pancasila-Based Framework for Digital Cultural Preservation. The framework integrates ethical values Gotong Royong (mutual cooperation), Musyawarah (deliberation and consensus), and Keadilan Sosial (social justice), with technological implementation strategies to produce sustainable cultural outcomes. This study highlights the strategic implications for policymakers, technology developers, educational institutions, and communities in fostering inclusive, collaborative, and ethical digital cultural preservation efforts. The findings reinforce that harmonizing technology with local wisdom requires multi-sector collaboration and the consistent embodiment of Pancasila values across digital initiatives.
Digital Sampling and the Erosion of Originality: Rethinking Copyright in the Age of Generative AI
As generative AI technologies increasingly replicate artistic styles, voices, and aesthetics by training on vast datasets of existing works, they challenge the foundational assumptions of copyright law. This article explores how AI “sampling” the probabilistic learning and reproduction of creative patterns blurs the legal and ethical boundaries between originality, derivation, and infringement. While AI-generated content is reshaping creative industries through automation and scale, it also risks displacing human creators, undermining labor value, and reinforcing platform monopolies. The article examines legal doctrines of fair use, derivative works, and authorship in light of emerging disputes over AI-generated music, visual art, and literature. It compares regulatory approaches in the United States, European Union, Japan, and Indonesia, revealing a fragmented global landscape with significant implications for developers, artists, and users. Drawing on interdisciplinary sources, it analyses the socio-economic disruptions and proposes a forward-looking framework for legal reform. The study argues that copyright must evolve beyond its human-centric model to accommodate hybrid authorship while ensuring transparency in AI training data, equitable attribution, and protection of human creative agency. In rethinking copyright for the generative era, the article emphasizes a need for inclusive, adaptable, and ethically grounded policy responses that balance innovation with cultural justice.
Harmonizing Pancasila with Noble Technological Values amidst Digitalization
In the current epoch marked by the swift progression of digitalization, the convergence of enduring principles and state-of-the-art technology assumes a heightened significance. This paper delves into the confluence of Pancasila, the fundamental philosophy of Indonesia, with the dynamic landscape of digitalization. Employing a literature review approach, the research undertakes an exploration of existing scholarly works to shed light on the ways in which Pancasila, anchored in its core tenets of justice, unity, democracy, and humanity, can synchronize with and provide guidance for technological progress. The examination focuses on elucidating how the incorporation of Pancasila can cultivate ethical and conscientious conduct within the digital domain, fostering a societal ethos that champions noble values while embracing the advancements of technology. Through a meticulous analysis of pertinent literature, this article aspires to offer nuanced perspectives on the potential synergy between Pancasila and digitalization. Its ultimate goal is to contribute to the development of a harmonious coexistence between technology and moral values within the Indonesian context. By navigating through the intersections of tradition and innovation, the study seeks to provide valuable insights that pave the way for a balanced integration of Pancasila principles into the rapidly evolving technological landscape, fostering a society where ethical considerations remain at the forefront of progress.
Copyright (c) 2024 Journal of Digital Law and Policy https://creativecommons.org/licenses/by-nc-sa/4.0
Phenomenom Cyber Crime in Indonesia in the Digitalization Era
Science and technology are increasingly developing rapidly and advancing, offering various interactions in human life. Information and communication technology continues to develop in the digital era, especially the internet, which has a big influence on people's life patterns. The development of the internet has triggered the emergence of a type of cyber crime which is usually known as Cyber Crime. Various cases of cyber crime (Cyber Crime) have emerged in Indonesia, especially in the banking sector. In the following years until now, in Indonesia there have been many incidents of Cyber Crime, for example computer program piracy, cracking, bank burglary (banking fraud), unauthorized use of other parties' credit cards (carding), pornography, including crimes against domain names (domain names). Cyber Crime could happen because unlimited internet access. Apart from that, computer user negligence is also often the cause of this Cyber Crime. This is something that is often overlooked, namely a weak network security system. In fact, a weak network security system creates a big loophole for people who intend to commit crimes. Currently, what is used as the legal basis for Cyber ??Crime cases in Indonesia isLaw Number 11 of 2008 concerning Information and Electronic Transactions (ITE). The ITE Law consists of 13 chapters and 54 articles which explain in detail the rules for living in cyberspace and the transactions that occur therein. Prohibited acts (cybercrime) are explained in Chapter VII (Articles 27-37)
Analyzing Religious Conflicts On Social Media Based On The First Principle Of Pancasila
The development of communication technology is accelerating. Whatever happens in Indonesia can easily be sent through the Internet network. Social media is a communication and marketing tool where people can share their thoughts, ideas and experiences with others. It is a form of electronic media that allows people to create content and share it with the public. Social media has many positive and negative effects on society. If people do not use social media wisely and it goes viral, it can lead to unwanted conflicts. One of them is the religious conflict that is currently widespread, thus becoming a real threat to the Indonesian nation. The threat is not only in the real world, but also in cyberspace. Many people are indirectly uploading what is on their minds to social media, which can cause others to be offended. This is the beginning of religious conflict on social media. This is where the role of the government as well as the community is to understand that we live together in differences of ethnicity, religion and language. The role of the government can also be to firmly control the application of press laws and journalistic ethics. In addition, the role of the community is also important, namely by not being easily provoked by media coverage that is not balanced and seems to favor one particular group.
Analysis of Cyberbullying from a Pancasila Perspective
The rapid development in the field of technology has brought various positive and negative impacts. There are many typical crimes that occur, one of which is cyberbullying. These crimes take the form of oppression, insults, psychological violence or intimidation in cyberspace which is carried out repeatedly which is intended to embarrass, spread ugliness and hatred, intimidation which is directed directly or openly through digital devices and platforms such as social media, email, messaging applications, and gaming sites exist. Apart from that, there are several fundamental factors that form the background to the perpetrator's behavior and the impacts it causes. Cyberbullying cases are considered a violation of the 2nd and 5th principles of Pancasila. In responding to the problem of cyberbullying, Indonesia has sufficient laws and regulations to crack down on this criminal act of cyberbullying, one of which is Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE). By applying Pancasila values ??and understanding applicable laws, efforts to prevent and handle cyberbullying can be improved, creating a safer and more positive social media environment, especially for the nation's next generation. This research aims to determine the meaning, impact and ways to overcome it that are useful for provide knowledge to everyone. This research is research that uses a descriptive method in the type of literature study by describing, illustrating, explaining and analyzing the situation and conditions of the problem object from the researcher's perspective based on the results of the literature review.
Analysis Of The 2nd Principle Of Pancasila On The Instagram Privacy Disclaimer
The article discusses the importance of user privacy on Instagram, a popular social media platform. In the digital era, millions of users share aspects of their personal lives, creating risks of data misuse and security threats. The right to privacy is recognized as a human right, including in the Indonesian Privacy Rights Law. Privacy Controls: Instagram gives users full control, allowing personal account settings. Data Policy: Instagram has a policy that explains the collection, use, and sharing of data, reflecting civilized principles. Data Security: Instagram claims to implement security measures and collaborate with third parties. Privacy Tools and Features: Instagram is constantly developing new privacy tools and features. In the context of Instagram user privacy, the principle of the 2nd Principle, "Just and Civilized Humanity," reflects fair treatment and respect for human rights. The rights to privacy, freedom of expression, data security, and control over personal information are the emphasis in implementing the 2nd Principle. Assessing the use of Instagram's privacy policy by the 2nd Principle and encouraging users to be wise in sharing information. A mixed method approach with descriptive qualitative methods and literature studies is used to understand the impact of Instagram user privacy. Privacy is a human right, and Instagram is expected to implement the principles of the 2nd Principle with policies that support the control, security, and fair treatment of users' data.
Citizenship in the Digital Age: Implications and Challenges
The significance of digital citizenship necessitates consideration in the context of an ever-evolving digital age. Digital citizenship is crucial in the digital age. This essay explores the importance of ethical digital citizenship in technology use. This study examines the implications and challenges of positive digital citizenship. This essay emphasizes digital citizenship and responsible technology use. Individuals and society must consider privacy, security, and ethics when using technology responsibly. Irresponsible technology use can lead to data misuse, propagating misinformation, and online violence. Additionally, this paper emphasizes digital citizenship ethics. Digital citizenship ethics include fairness, respecting others' rights, and fostering technology goodness. We must consider the social, political, and cultural effects of our digital activity. In tackling rising difficulties, this article suggests numerous ways to promote responsible and ethical digital citizenship. These measures include responsible technology usage education, ethical digital policies, and empowerment of individuals and communities to practice digital citizenship. Responsible and ethical digital citizenship can promote a more inclusive, safe, and beneficial digital environment for individuals and society. In an age where technology dominates our lives, digital citizenship must be part of active involvement in digital society.
Copyright (c) 2023 Journal of Digital Law and Policy https://creativecommons.org/licenses/by-nc-sa/4.0
An Examination of Cybercrimes Leading to Vulnerabilities in Energy, Transportation, and Financial Systems
The commencement of the current decade is the primary milestone in the progression from Industry 4.0 to Society 5.0. The contemporary period necessitates the ability of individuals from all strata of society to effectively acclimate to the rapid advancements in technology. In the context of Society 5.0, which emphasizes the central role of human beings in generating novel value through technical advancements, there exists the potential to mitigate future disparities among individuals and address economic challenges. The potential risks that may emerge are diverse, intangible in tangible terms, and characterized by uncertainty. The aforementioned threat is a cyber threat that possesses the capacity to inflict significant losses upon a nation. One potential future development of significant consequence involves the occurrence of cyberattacks against essential national assets or critical infrastructure, including but not limited to renewable energy facilities, transportation networks, and financial institutions. Hence, it is imperative for all nations to possess the capability to effectively organize training programs, establish fresh military units, and enhance their individual national defense capabilities. In brief, the text elucidates the prevailing societal transition towards Society 5.0, which underscores the vital role of humans in technology progress. This highlights the potential advantages of this transition, such as the mitigation of inequalities and economic difficulties, while also stressing the importance of implementing strong cybersecurity protocols to prevent possible cyber risks in this dynamic technological environment.
A Discussion of Malware Attacks Targeting Smart Homes and Connected Devices: Investigating Cybersecurity Risks in Everyday Living
Computer technology has advanced with the digital age. Software for several platforms is crucial to streamlining human work with computers. This software is essential for many user tasks, including IoT ones. Through data exploitation and communication technologies, the Internet of entities (IoT) connects physical and virtual entities to the global web. This technology aims to make it easier for humans to interact with objects and let them communicate. In daily life, numerous specialized gadgets use the Internet of Things (IoT), especially Smart Homes. Smart Homes integrate networked communication networks with home devices for remote control, monitoring, and access. The name "Smart" in Smart Homes suggests intelligence, however IoT devices have limitations. Malware is purposely designed to disrupt or gain unauthorized access to computer systems without the system owner's knowledge or agreement. Malware threatens smart home security widely. Malware can also quickly regenerate and adapt as technology advances. It's often integrated into popular online apps. This study examines how malware assaults affect IoT and Smart Home devices. The study's conclusions include an analytical report on IoT and Smart Home malware mitigation in legal perspectives.
Cybercrime and Threats to the Electoral System
Cyberattacks have emerged as a growing threat in the context of elections worldwide, posing significant risks to the integrity, security, and trustworthiness of electoral systems in today's digital age where information technology plays a pivotal role. Drawing from documented cyberattack cases and security reports from government agencies and related organizations during elections, common attack types such as Denial-of-Service (DoS), Phishing, and Malware have been identified. Cybersecurity systems and data sovereignty form the bedrock of personal data protection. As technology advances, data has become a highly valuable commodity, and a nation's data sovereignty intersects with the private sector on a global scale in political and economic terms. The state's primary responsibility lies in crafting regulations for data protection and cybersecurity, ensuring citizens' rights to personal data protection, which necessitates enhancing their capacity and capabilities. Therefore, this qualitative research delves into the imperative of developing citizens' capacity and capabilities in building cybersecurity and data sovereignty, with a particular focus on safeguarding personal data in the Indonesian context, as books and journal articles serve as valuable sources for data collection. Bolstering citizens' capacity and capabilities is essential for preserving their personal data in the digital realm.
The Role of the Financial Services Authority in Handling Online Money Loan Offers by Information Technology-Based Joint Funding Services (LPBBTI)
The Financial Services Authority is a financial services supervisory institution that has the authority to regulate, supervise, examine, and investigate financial services institutions including online money loans by information technology-based joint funding services. The formulation of this research problem: (1) What is the role of the Financial Services Authority in handling online money loan offers by information technology- based joint funding services? (2) what efforts have the Financial Services Authority made in handling online money loan offers by information technology-based joint funding services? The research used is normative legal research using the descriptive analysis method. This research uses primary, secondary, and tertiary legal materials. The results of this study can be concluded: (1) The role of the Financial Services Authority in handling online money loan offers by information technology-based joint funding services is to issue regulations to regulate and supervise. (2) The efforts that have been made by the Financial Services Authority in handling online money loan offers by information technology-based joint funding services are conducting education, urging the public to always check the legality of online loans when receiving offers, issuing new services to improve consumer protection, namely Consumer Support Technology (CST) in the form of Chatbot CST and the Financial Services Authority together with 11 ministries coordinating to form the Investment Alert Task Force (SWI) to eradicate illegal online loans that are troubling and detrimental to the community.
Criminal Liability Of Disseminator’s Pornographic Content On Social Media
Social media platforms have facilitated unprecedented access to and dissemination of various content, including material that violates societal norms, such as cyberporn, which falls under the realm of cybercrime. The objective of this research is two-fold: (1) to analyze the role of criminal law in addressing cases involving the distribution of pornographic content in terms of both substance and procedure and (2) to determine whether the individuals responsible for spreading such content can be held accountable for their actions. The author employs a normative legal research methodology, primarily relying on library research to explore relevant data, literature, and legal provisions pertaining to the raised legal issues. The results of this study indicate that criminal law plays a crucial role in assessing the dissemination of pornographic content as an offense, aligning with the provisions outlined in Law Number 44 of 2008 concerning Pornography. Additionally, the act of distributing pornographic content via platforms like WhatsApp and Line is deemed a violation of Law Number 11 of 2008 concerning Electronic Information and Transactions, which entails corresponding legal sanctions. Formally, this entails an expansion in the scope and types of admissible evidence beyond what is stipulated in Article 184 of the Code of Criminal Procedure, as well as modifications in the examination process. Regarding the perpetrator involved in the case of JA, who spread pornographic content on social media, they can indeed be held accountable. The perpetrator exhibited an intent to seek revenge against the victim through the dissemination of the pornographic video, thereby meeting the necessary criteria for legal responsibility.
Forms of Services, Effectiveness, and Obstacles in Conducting Digital- Based Land Registration in The Era of Digitalization at Lembata Regency Land Office, East Nusa Tenggara Province
Entering the digital era, the Ministry of Agrarian and Spatial Planning/National Land Agency (BPN) has launched land services electronically. The implementation of land registration is carried out electronically, this is stated in Article 2 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning / National Land Agency (ATR / BPN) Number 1 of 2021 concerning Electronic Certificates. This is a series of digital transformations that are rolling out at the Ministry of ATR / BPN. However, there are still many plots of land for which physical data and juridical data are not yet available. This study investigates digital-based land registration services at the Land Office of Lembata Regency, focusing on their various forms, effectiveness, and obstacles to successful implementation. The research method was empirical, involving the collection of primary and secondary data through interviews and descriptive analysis. The study identified three main forms of digital-based land registration services: Electronic Dependent Rights Services, Electronic Roya Services, and Certificate Checking. However, these services have not been fully effective due to obstacles such as incomplete data validation, lack of human resources, and inadequate socialization and communication about digital-based services.
The Existence Of The International Anarcho-Syndicalism Movement Based On Indonesian Law Perspective
Anarcho-syndicalism is an ideology in which workers want to work freely, not bound by rules. Anarcho-syndicalism is an ideology that wants the dissolution of all political power institutions that are narrated to oppress and exploit workers to be replaced by free communities bound by socio-economic interests. This research aims to find out the existence of the anarcho-syndicalist movement based on international law and the readiness of national law in facing the threat of anarcho-syndicalist ideology in Indonesia. The research method used in this research is normative legal research (library research) which has relevance to the research issues studied. Sources and legal materials used are primary, secondary, and tertiary legal materials. Based on the results of the research that has been carried out, it is known that the existence of the anarcho-syndicalism movement in terms of International Law has an impact on the application of the Right to freedom of association for workers/laborers as regulated in ILO (International Labour Organization) Convention No. 87 of 1948 concerning freedom of association and protection of the right to organize. Furthermore, the State has regulated people who join organizations to commit criminal offenses or prohibited organizations will be subject to imprisonment or fines, namely by what is written in the Criminal Code/KUHP (Kitab Undang-Undang Hukum Pidana) Article 261 concerning Participation in Organisations to commit Criminal Offences.
Protection of Medical Record Data as a Form of Legal Protection of Health Data through the Personal Data Protection Act
This study aimed at analyzing government’s efforts to provide protection for medical record data of patients as a form of legal protection for patient’s medical data. In the midst of the flurry cases of personal data leakage by hackers, it has raised concerns from various parties about the possibility of medical records leaking of someone’s medical history. Medical history or medical record contains confidential information about a person’s condition related to health and the history of health care that has been carried out. It becomes particularly serious when it records certain diseases of the patient that should not be spread out to the public. In Indonesia, several regulations regarding the protection of personal data which is a person’s privacy rights have been formed. However, this is not enough to deal with the development of digital technology to provide legal certainty for the protection of personal data including medical records as one of the objectives of the law, namely to provide legal certainty and protection. Therefore, this study examines how the legal protection of medical record data based on legal protection according to positive law and the Personal Data Protection Act.
The Right to Privacy Based on the Law of the Republic of Indonesia Number 27 of 2022
The impact of technological advances and digital activities in society today affects a person's right to privacy. Potential threats and violations of a person's privacy rights containing important personal information are increasingly prevalent. Almost unrestricted digital access activities pose a threat of violating one's right to privacy. Personal data containing important information may be accessed by the Data Controller and potentially disseminated freely and irresponsibly. The right to privacy is part of the human right to obtain protection for oneself based on Article 28 Letter G section (1) The 1945 Constitution of The Republic of Indonesia. The purpose of this study is to analyze the protection of the right to privacy of personal data. This research uses normative juridical research methods by exploring legal sources. With the passing of Law Number 27 of 2022, it is hoped that it will increase understanding of the right to privacy of personal data of every citizen to be able to maintain and be responsible for the right to privacy of personal data and become a legal umbrella for the Indonesian nation in upholding justice and providing legal protection in accordance with applicable regulations.
The Impact of Artificial Intelligence on the Rights of Illustrator
In the era of the industrial revolution 4.0, more and more technologies are developing very quickly. With rapid developments experiencing breakthroughs including in the field of Artificial Intelligence, where computer technology was created to create systems that can match the work done by humans. Artificial Intelligence itself is widely used in various industries such as education, health, manufacturing, services, and products. Artificial Intelligence itself is a tool which can help humans in making an illustration work. The illustrator is a profession that focuses on the field of fine arts, which generally creates or provides two-dimensional based illustration images. The presence of Artificial Intelligence or AI raises new questions, whether this illustrator's career will be relevant for a long time. The results of the research show that illustrators must make the best use of Artificial Intelligence technology, not feeling threatened by this technology. This study uses mixed research methods (Mixed Methods). Where in this study combined quantitative and qualitative research methods in collecting data to obtain research results that were tested for truth. The existence of this research aims to find out what the impact of the influence of AI can create a work with only a collection of words.
Copyright (c) 2022 Journal of Digital Law and Policy https://creativecommons.org/licenses/by-nc-sa/4.0
The State of Digital Freedom in Indonesia an Assessment of Online Censorship, Privacy, and Free Expression
This article provides an assessment of the state of digital freedom in Indonesia, with a focus on online censorship, privacy, and free expression. The research methodology used in this study was a combination of normative legal approach and literature review, which provided a comprehensive analysis of the legal framework that governs digital rights in Indonesia. The discussion highlights the importance of human rights in the digital realm, and how the legal framework in Indonesia aligns with international human rights standards. The study found that the current state of digital freedom in Indonesia is mixed, with laws and regulations in place to protect privacy and freedom of expression, but concerns about online censorship and restrictions on these rights in practice. The implementation of laws such as the ITE Law has led to the prosecution of individuals for online speech, raising concerns about the impact on freedom of expression. To improve the state of digital freedom in Indonesia, several suggestions are made. Firstly, the implementation of laws and regulations related to digital rights must be consistent with international human rights standards. Secondly, efforts should be made to address the gaps between the legal framework and the reality of digital rights on the ground. This may involve greater transparency and accountability in the enforcement of laws and regulations related to digital rights. Additionally, there is a need for greater public awareness and education about digital rights, both among citizens and among policymakers and law enforcement officials.
Strategy to Suppress Corruption and Money Laundering in the Digital Age
The purpose of this research is to describe and understand the criminal sentencing model for corrupt acts accompanied by money laundering crimes. This research uses a qualitative approach with a normative legal design. Data collection techniques include literature review, and data analysis techniques include presentation, reduction of data, and collection and verification. The research results showed that the sentencing for corrupt acts accompanied by money laundering is not the same as for money laundering with an underlying corruption crime, which would impose penalties according to Article 3 of Law No. 8 of 2010 on the eradication of money laundering. Specifically, in the case of corrupt acts accompanied by money laundering, which applies an absorption system, in line with the teachings of Article 65 of the Indonesian Criminal Code. The conclusion of this research is that the doctrine of Concursus from the Chamber of Criminal Matters of the Supreme Court of the Republic of Indonesia Tangerang has a legal foundation that serves as a guide or sentencing basis, which can be revised regarding the sentencing model that should be applied for corrupt acts accompanied by money laundering crimes. Preserving the integrity of digital transactions in order to prevent the risk of money laundering. Effective measures must be taken to ensure that digital transactions are secure and that any illegal activities are detected and punished accordingly.
Legal Challenges for Digital Startup Development in Indonesia
The high level of internet usage in Indonesia will certainly be in line with the growth of businesses that use the internet as their main part. Companies working on the Internet are known as digital startups. Digital Startup is a group of people who form an organization as a start-up company that produces products in the technology sector. Startups in Indonesia have been on the rise for at least the last decade. This phenomenon is also seen in Gojek and Tokopedia which are popular among Indonesians. With the rapid growth of startups, of course there are challenges to start and grow, one of which is legal challenges. From a legal point of view, in general startups experience problems such as employment relations, company forms, company names, licensing, intellectual property issues and, contracts. Before starting a business, startup business people must thoroughly study the Indonesian laws and regulations governing startup businesses, as well as study the obstacles that will be faced when starting and running their business activities. So that the risk of failure in running a startup business can be minimized. So in this study the researchers analyzed the legal challenges that need to be prepared to be able to build a digital startup. In this study, researchers used a qualitative approach to collect data and utilize all the information on the subject matter. so that 7 important legal challenges can be found and need to be prepared to be able to build a digital startup. The 7 challenges include: Regulations, Legal Entities or Business Entities, Licensing, Protection of Business Competition, Financial Transactions, Crowdfunding, and Venture Capital.
Indonesian National Security During Pandemic
The background of this article is based on national security issues during the Covid-19 pandemic. Coronavirus diseases-2019 or known as COVID-19 originated in the city of Wuhan, Hubei Province, China. The virus first appeared at the end of 2019. Its spread is very fast and has plagued almost all countries in the world, including Indonesia. COVID-19 has an impact on all sectors, the economy, the tourism industry, agriculture, education, health services, security and defense, and many more. The research method used in this study using qualitative research. Data was obtained through previous research in the form of books, journals, scientific articles, and news from official websites. The results of this study indicate that the concept of national security contained in the state constitution is urgent to be presented.