Jurnal Bina Mulia Hukum
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Analysis of The ITE Law and Criminal Acts of Carding and Phishing in Indonesia
No full textIntroduction to the Problem: The advancement of information and communication technology in Indonesia has increased cybercrimes such as carding and phishing. Although the Electronic Information and Transactions (ITE) Law No. 19 of 2016 regulates sanctions, it lacks specificity in addressing the evolving methods of cybercrime, making law enforcement and public protection more difficult.Purpose/Study Objectives: This research evaluates the effectiveness of the ITE Law against carding and phishing, analyzes its implementation, and offers recommendations to make adaptive regulations to new cybercrime methods.Novelty: It offers a critical analysis of legal and implementation gaps related to carding and phishing, emphasizing the urgency of law reform and the integration of preventive strategies.Methodology: This study uses a mixed-method approach, combining legal document analysis and empirical surveys to assess the effectiveness of the ITE Law and identify challenges in tackling carding and phishing crimes.Results/Findings: The results show that while the ITE Law offers a legal foundation, it lacks sufficient detail to address new cybercrime methods. There is a need for more specific regulations, stronger inter-agency cooperation, improved digital literacy, and stricter sanctions. Preventive efforts such as education, stronger security, and collaboration are essential to reduce risks and close legal gaps
The Adoption of Technology in Copyright Law to Strengthen Copyright Protection
Full text linkThe development of copyright in digital media today has created two opposing sides. On the one hand, technological developments increase efforts to publish and disseminate information and knowledge to the general public. On the other hand, technological developments have encouraged the rampant actions that cause losses and tend to violate the law to continue to increase with a developing pattern. This study aims to examine and analyze the adoption of technology in the provisions of copyright law in order to strengthen copyright protection in Indonesia. The research method used was normative juridical using a legislative and conceptual approach. The results of the study indicate that in terms of philosophical, sociological, technical, and legal urgency, the adoption of technology is needed to prevent and prosecute copyright infringement in digital media in the provisions of Law Number 28 of 2014 concerning Copyright. The implications of adopting information technology in the provisions of copyright law include a multi-layered protection system, the availability of digital evidence recognized by law, synergy between technical and legal protection, and the guarantee that the regulation of information technology is implemented properly
Embryo Frozen Storage Agreement According to Civil Law in Indonesia
Full text linkThe increasing use of in vitro fertilization (IVF) technology and embryo cryopreservation presents new legal challenges, especially regarding embryo frozen storage agreements in Indonesia. Currently, this agreement is categorized as an innominaat agreement based on the principle of freedom of contract (Article 1338 of the Civil Code), but there is no specific regulation governing it. This study analyzes embryo frozen storage agreements from the perspective of Indonesian Civil Law. This study uses a normative juridical method through literature study, with secondary data derived from laws and regulations, legal literature, and other relevant sources, as well as qualitative analysis of the collected data. The results of the study indicate that the validity of the agreement depends on the fulfillment of the requirements in Article 1320 of the Civil Code, namely agreement, capacity, certain objects (the legal status of embryos is still debated), and lawful cause. The rights and obligations of the parties (husband and wife and clinic) must be clearly regulated, including safe storage, costs, instructions for use/destruction, time period, and comprehensive informed consent. Important clauses include duration, costs, liquidation/destruction procedures, responsibilities, and dispute resolution. Cancellation or termination of the agreement can occur for various reasons, including expiration of time, default, or change in marital status
The Evidentiary Basis of The Prohibition of Torture as Jus Cogens and its Legal Implications for Indonesian National Law
Full text linkAlthough the status of which norms qualify as jus cogens remains debated, the International Law Commission (ILC) has identified the prohibition of torture as jus cogens. Establishing the prohibition of torture as a jus cogens norm is crucial, as it reflects fundamental values upheld by the international community and holds the highest legal status. Despite Indonesia's ratification of the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (UNCAT), torture practices continue. This paper analyzes and argues that the prohibition of torture qualifies as a jus cogens norm, while also exploring its legal implications for Indonesia's national law. By applying the six criteria outlined by the UN Special Rapporteur on Torture, it is demonstrated that the prohibition of torture satisfies the requirements of a jus cogens norm. Consequently, states are obligated to exercise jurisdiction over violations prohibited by international law within their territories, including the duty to prevent torture, whether perpetrated by state or non-state actors. As a state that has ratified UNCAT, Indonesia is bound to ensure that torture is recognized as a criminal offense under its national legal framework
The Impact of the Words 'Digawa' and 'Digawa' in Customary Law in Cirebon
Full text linkThe study starts from the perception established in Cirebon society regarding ex-husbands bringing back their belongings during a divorce. The discussion focuses on the impact of the meanings of ‘digawa’ and ‘kegawa’ on the handover tradition of the bride and groom in Cirebon on divorce. Not much is known, the meaning of ‘digawa’ and ‘kegawa’ at the handover ceremony of the bride and groom turns out to show a marriage agreement, the legal consequences of which can be seen at the time of a divorce. A qualitative study with the perspective of ‘digawa’ and ‘kegawa’ with a marriage agreement on the handover tradition of the bride and groom. The discussion of the meanings of ‘digawa’ and ‘kegawa’ found the basis for justification for the actions of the ex-husband, bringing back the luggage when it was given at the handover ceremony of the bride and groom, the comments that occurred, showed limited knowledge of the handover tradition of the bride and groom which contained a marriage agreement. Likewise, with its legal position, there are no deviations from the marriage agreement which are concluded in the meaning of ‘digawa’ and ‘kegawa’
The Use of Istifadhah Witnesses in Marriage Validation Cases in Indonesian Religious Courts
Full text linkThis study discusses the use of istifadhah witnesses in marriage isbat cases in Religious Courts following the issuance of Supreme Court Circular Letter No. 10 of 2020 (SEMA). The study compares judges' considerations regarding the criteria for using istifadhah witnesses in such cases, both before and after the issuance of SEMA. The findings indicate that istifadhah witnesses provide testimony based on widely disseminated information within the community. Initially, the use of these witnesses was inadmissible as evidence in civil cases because istifadhah testimony was deemed contrary to Article 1907 of the Civil Code (KUHPerdata), which requires that witness testimony must be based on direct knowledge of the matter in question. Following SEMA, the use of istifadhah witnesses has been recognised in the validation of unregistered marriage cases involving marriages conducted long ago. The use of istifadhah witnesses, before and after SEMA, is positioned as preliminary evidence that requires corroborative evidence to support the judge's presumption. Judges consider several criteria for the use of istifadhah witnesses: first, the absence of living witnesses who can testify directly; second, the use of istifadhah witnesses must be supported by qarinah (indications or circumstantial evidence) that can reinforce the judge's presumption towards forming a conviction
Legal Protection of Consumer Personal Data on the Use of Fintech in E-commerce
Full text linkIntroduction to the Problem: The development of fintech in Indonesia marks a significant milestone in accelerating the national digital economy. As a solution to the limitations of conventional financial services, fintech supports more efficient business processes, particularly for small and medium enterprises. However, the integration of fintech in e-commerce depends heavily on consumer personal data, which is vulnerable to misuse without consent, potentially harming consumers as data owners.The problem formulation discussed is the protection of consumer personal data in fintech-based e-commerce transactions in Indonesia.Purpose/Study Objectives: This study aims to identify and analyze the legal provisions for protecting consumer personal data within fintech based e-commerce transactions in Indonesia.Novelty: It specifically examines the application of Indonesia's newly enacted Personal Data Protection Law as a legal foundation for this context, linking fintech operations directly to consumer data privacy mandates.Methodology: This research is descriptive and analytical, conducted using normative legal methods, and the data obtained is analyzed qualitatively and legally.Results/Findings: The study confirms that several Indonesian regulations, particularly the Personal Data Protection Law, provide a robust legal framework for protection. However, these existing regulations require consistent enforcement and monitoring to ensure proper implementation
The Phenomenon of Groomer Manipulation of Children; Initiating Law Concerning Child Sexual Grooming
Full text linkGrooming is a process of manipulation carried out by the groomer on the child so that the child believes that the groomer is worthy of admiration, trust, and love. If an emotional connection has been created, the groomer will easily commit sexual crimes against children. This research discusses the relationship patterns between groomers and victims, crimes targeted by groomers, and the urgency of drafting a law on child sexual grooming. It is normative juridical research that examines the emptiness of norms regarding child sexual grooming. The groomer builds an emotional relationship with the victim, both offline and online grooming, even starting with online grooming and continuing with offline grooming to realize the target of his actions. Targeted crimes can include obtaining pornographic photos and videos of the victim for the satisfaction of the perpetrator, using the victim's photos to humiliate, oppress and intimidate or take revenge on the victim, obtaining pornographic material to be sold to porn site users, and doing sexual intercourse with children. Unfortunately, Indonesia does not yet have a law on child sexual grooming, so pre-sexual violence is not a criminal offense. Criminalizing the Law on child sexual grooming will increase children's sensitivity to sexual violence
The Prosecutor as Dominus Litis in Controlling Case Under the Draft of Criminal Procedure Code (RKUHAP)
Full text linkIntroduction to the Problem: The application of The Dominus Litis principle in the Criminal Procedure Code (KUHAP) is not yet optimal, resulting in the role of prosecutors as public prosecutors being less than maximal.Purpose/Study Objectives: This study discusses the application of the Dominus Litis principle in the Indonesian criminal justice system, where prosecutors as public prosecutors have a crucial role in controlling the criminal case process. The Dominus Litis principle grants authority to prosecutors to control the criminal case process from investigation to prosecution.Novelty: This study recommends revising the Criminal Procedure Code (RKUHAP) to fully and comprehensively apply the Dominus Litis principle to the Prosecution. Thus, the ultimate goal of criminal procedure law can be achieved, namely justice and legal certainty for all parties.Methodology: This study uses a normative juridical research method with a statutory approach and a conceptual approach.Result/Findings: The results show that the application of the Dominus Litis principle by the Prosecution in law enforcement in Indonesia is not yet fully effective. Therefore, it is necessary to strengthen the institutional capacity of the Prosecution and the role of prosecutors as Dominus Litis to ensure the validity of evidence and justice for defendants and victims
Simbur Cahaya Customary Law in Sociological Jurisprudence Perspective
Full text linkThe sociological jurisprudence school of law is a school of law that intervenes in the pattern and color of legal configuration. Both in various norms and practices in the field. Sociological jurisprudence seeks to produce a relationship of certainty between civil law as positive law and customary law as living law in Indonesia. This study aims to examine and provide an overview of the perspective of the sociological jurisprudence school of thought on the existence of customary law in Indonesia and the extent of the relationship between customary law and positive law in Indonesia. The method used in this study is a normative juridical research that focuses on the study of various laws and theoretical concepts. The results of the study indicate that the concept of customary law as part of the State of Indonesia when viewed from the perspective of Sociological Jurisprudence as a law that grows and lives in society. Legally, the traditional rights of customary law communities are also constitutional rights because they are stated in the constitution, as stated in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. This constitutional provision recognizes the position of customary law within the framework of Indonesian law, as long as it is still relevant and in line with national development and the principles of a unitary state