Journal of Digital Law and Policy
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Criminal Liability Of Disseminator’s Pornographic Content On Social Media
Get PDFSocial 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
An Examination of Cybercrimes Leading to Vulnerabilities in Energy, Transportation, and Financial Systems
Get PDFThe 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
Indonesian National Security During Pandemic
Get PDFThe 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
The Existence Of The International Anarcho-Syndicalism Movement Based On Indonesian Law Perspective
Get PDFAnarcho-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
Cybercrime and Threats to the Electoral System
Get PDFCyberattacks 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
Impact of Internet Culture on Indonesian Values and Moral Decision Making
Get PDFAs internet usage has grown, so has the influence of internet culture on Indonesian values and moral decision making. The internet provides a platform for the exchange of ideas and perspectives, and it has the potential to shape and transform social and cultural norms and values. For example, internet culture may promote the spread of liberal and progressive ideas, and it may provide a voice to marginalized and underrepresented groups. Exposure to internet culture can influence Indonesian values and moral decision making in a number of ways. One of the key ways is through the exposure to a wider range of ideas, perspectives, and behaviors, which can challenge and broaden existing cultural norms and values. For example, internet culture may expose individuals to more liberal and progressive ideas, promoting greater tolerance and inclusiveness. This study aims to find out how the impact of the internet for Indonesia, especially values and moral decision making. Based on the literature study conducted in this study, it is known that the internet has both positive and negative impacts on Indonesian values and moral decision-making. To minimize negative impacts, strategies such as content filtering, media and digital literacy programs, promoting responsible online behavior, and enforcing online regulations could be implemented. A proactive and multi-faceted approach that considers the specific context and needs of Indonesian society could help to maximize the internet's positive benefits while minimizing its negative impacts
Protection of Medical Record Data as a Form of Legal Protection of Health Data through the Personal Data Protection Act
Get PDFThis 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
Get PDFThe 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 Role of the Financial Services Authority in Handling Online Money Loan Offers by Information Technology-Based Joint Funding Services (LPBBTI)
Get PDFThe 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
Citizenship in the Digital Age: Implications and Challenges
Get PDFThe 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