The Indonesia Media Law Review (ISSN Online 2829-7423 ISSN Print 2829-7628) is an open-access and double-blind peer-reviewed journal published biannually by the Faculty of Law, Universitas Negeri Semarang (UNNES), Indonesia. The Indonesia Media Law Review is a Journal for Media, Press Law, and Ethics in Journalism. The journal is focused on providing critical, theoretical, and applied legal analysis of Media Law, Information Technology Law, Digital Commerce, and Reforms in the Criminal Justice System.
All writings published in this journal are the personal views of the authors and do not represent the views of this journal and the author's affiliated institutions. Author(s) retain copyrights under the license of Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0).
Urgency of Meaningful Participation in Law-Making Processes in the Digital Media Era
Public participation is an essential element in democratic law-making, especially in the digital media era where information dissemination and public engagement occur rapidly. Despite the recognition of participation rights in Indonesia, meaningful engagement in legislative processes remains limited and largely procedural. This normative juridical study analyzes the urgency of institutionalizing meaningful public participation through the lens of digital media law. It examines the legal challenges and implications of digital participation in Indonesia. The findings reveal that while digital platforms have exponentially expanded public access to legislative discourse, current media regulations lack robust, legally binding mechanisms to ensure transparent and responsive public engagement. Consequently, digital participation is often rendered symbolic rather than substantive. The study concludes that reforming Indonesia's media law framework to establish strict digital participation standards is imperative. Strengthening these legal frameworks and digital mechanisms guarantees an inclusive, accountable, and truly meaningful democratic law-making process.
Copyright (c) 2026 Rengga Kusuma Putra, Retno Eko Mardani, Dian Ratu Ayu Uswatun Khasanah, Bagus Hermanto, Satriya Nugraha (Author) https://creativecommons.org/licenses/by-sa/4.0
RECONSTRUCTING DEMOCRATIC MEDIA GOVERNANCE AMID PLATFORM DOMINANCE IN INDONESIA
Digital platforms have become dominant actors in shaping public discourse, political communication, and democratic participation in Indonesia. While these platforms facilitate freedom of expression and access to information, their algorithmic governance also raises concerns regarding transparency, accountability, misinformation, and democratic integrity. This study aims to analyze the challenges of democratic media governance amid platform dominance and to formulate a legal reconstruction model that balances freedom of expression with algorithmic regulation. This research employs a normative juridical method using statutory, conceptual, and comparative approaches. Legal materials were collected through library research, including legislation, legal doctrines, academic journals, and relevant international regulatory frameworks, and were analyzed qualitatively using descriptive-analytical methods. The findings demonstrate that Indonesia’s existing media regulatory framework remains inadequate in addressing the legal consequences of algorithmic control exercised by digital platforms. The absence of comprehensive standards concerning transparency, accountability, and public oversight has weakened democratic governance within the digital public sphere. This study concludes that democratic media governance in Indonesia requires a reconstructed legal framework that strengthens platform accountability, promotes algorithmic transparency, protects freedom of expression, and ensures democratic oversight in the digital era.
Copyright (c) 2026 Tajudin Tajudin, Geofani Milthree Saragih, Ade Sathya Sanathana Ishwara, H. Muhamad Rezky Pahlawan MP, Fadhli Muhaimin Ishaq (Author) https://creativecommons.org/licenses/by-sa/4.0
Human Rights Protection in the Ecosystem of Surveillance Technology and Big Data Law Enforcement
The rapid integration of surveillance technology and big data analytics into law enforcement has transformed contemporary governance, generating both security benefits and serious human rights concerns. This article examines how existing regulatory frameworks inadequately address the dynamic risks embedded in surveillance ecosystems and proposes a lifecycle-based governance response. Using a qualitative normative-empirical methodology, the study combines doctrinal legal analysis of international human rights law with comparative regulatory assessment and interdisciplinary technology governance theory. The findings reveal structural fragmentation, insufficient algorithmic transparency, weak proportionality assessment, and reactive oversight mechanisms that fail to capture risks across data collection, storage, analysis, sharing, and deletion. In response, the study develops a Dynamic Human Rights Risk Assessment Model that operationalizes proportionality, necessity, transparency, and accountability at each stage of the surveillance data lifecycle. The model embeds continuous monitoring, mandatory impact assessments, and independent oversight within surveillance infrastructures, shifting governance from static compliance to adaptive human rights stewardship. The research concludes that lifecycle-based regulation provides a coherent and flexible framework capable of safeguarding fundamental rights while accommodating technological innovation in complex surveillance environments.
Copyright (c) 2026 Safrin Salam, Asmah, Muhammad Ramadan Kiro, Sulastri Yasim, Ibrahim Kayode Muhammed (Author) https://creativecommons.org/licenses/by-sa/4.0
THE MANIFESTATION OF GENDER INEQUALITY IN THE GIVING OF DOWRY IN THE FORM OF WHITE CLOTH/SHROUD
The article titled “The Manifestation of Gender Inequality in the Giving of Dowry in the Form of White Cloth/Shroud” is inspired by a social media story about a dowry consisting of a shroud and items associated with death. This incident occurred in Central Lombok, Nusa Tenggara Barat (NTB), specifically in Prapen. The news sparked lively discussions within the Ministry of Religious Affairs, particularly among heads of Religious Affairs Offices (KUA). While such an "unusual" or unconventional dowry may seem surprising, it has become a customary practice in Balaesang Tanjung, Donggala Regency, Central Sulawesi. In contrast to the traditional understanding of dowries, which serve as markers of marriage (distinguishing it from unlawful relationships), expressions of respect, appreciation, and protection for women, evidence of a man’s commitment to his future spouse, symbols of the woman’s accountability for the dowry received, and symbols of the man’s responsibility and consent, the practice of giving a shroud as dowry raises questions about its implications for gender equality. The study investigates how dowries consisting of white cloth/shrouds in Balaesang Tanjung manifest as gender inequality. The research employs an empirical approach, using primary data collected from community members, religious leaders, and prominent figures in Balaesang Tanjung, Donggala Regency. The methods include surveys, observations, interviews, and data collection for analysis and conclusions. The findings reveal that the practice of giving shrouds as dowries in Balaesang Tanjung reflects gender bias. This bias manifests in forms such as impoverishment or marginalization, stereotyping, subordination, violence, and the double burden experienced by women.
Copyright (c) 2026 Susi Susilawati, Adfiyanti Fadjar, Riri Anggriani, Hayyun Nur (Author) https://creativecommons.org/licenses/by-sa/4.0
Pancasila as a Paradigm in Shaping Communication Ethics in the Digital Age
Developments in the digital era have changed the way people communicate, especially through social media. Nowadays, communication can be done freely, but this freedom is actually abused by many people to cause several problems, such as hoaxes, privacy violations, and even hate speech. Therefore, the purpose of this study is to analyze the role of Pancasila education in shaping civilized ethics in the digital era. This research uses a descriptive qualitative method with a literature study approach, namely analyzing and collecting data through various sources, such as journals, scientific articles, and books that are still relevant to the topic discussed. The results show that the values contained in Pancasila are very important to be used as digital ethics. This research also shows that digital literacy and the implementation of Pancasila values in communication ethics in Indonesia are low. In contrast, Finland has high digital literacy and their readiness to add ethical teachings into their curriculum since early childhood education. Solutions offered include the implementation of Pancasila values into the curriculum from an early age as well as campaigns or calls that emphasize the importance of polite communication and respect for everyone's privacy.
Cindy Noor Laila Zahirotul Hikmah Zahirotul Hikmah
Copyright (c) 2026 Bernadeta Aprilla Martya Putri, Nasywa Alif Anindya, Cindy Noor Laila Zahirotul Hikmah Zahirotul Hikmah, Putri Fadhilla Muchtar, Dewi Sulistianingsih (Author) https://creativecommons.org/licenses/by-sa/4.0
Bilateral Investment Treaties in the Digital Era: Implications for Technology and Media Regulation
The rapid expansion of digital technologies has transformed the global investment landscape, prompting states to revisit the structure and objectives of Bilateral Investment Treaties (BITs). Initially designed to protect tangible investments through guarantees such as fair and equitable treatment (FET), non-discrimination, and protection against expropriation, BITs now confront a new set of regulatory challenges associated with cross-border data flows, platform governance, and digital sovereignty. The rise of technology and media platforms-characterized by their intangible, mobile, and data-driven nature-raises fundamental questions regarding the definition of “investment,” the scope of investor rights, and the extent of state regulatory space. This article examines the evolution of BITs in the digital era using a normative juridical method, focusing on how international investment law interacts with technology and media regulation. Through analysis of key jurisprudence, particularly Yahoo! Inc. v. LICRA and UEJF and the Schrems I & II decisions of the Court of Justice of the European Union (CJEU), the study demonstrates that the digital ecosystem demands more adaptive treaty frameworks capable of balancing investor protection with legitimate regulatory objectives such as privacy, cybersecurity, and content governance. The article also evaluates Indonesia’s regulatory landscape, including the Information and Electronic Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP), to illustrate national perspectives on digital governance within the broader BIT reform movement. Ultimately, this research argues that BITs must incorporate explicit digital-era provisions-such as data governance carve-outs, cybersecurity exceptions, and right-to-regulate clauses-to safeguard state sovereignty and public interests while maintaining a predictable investment environment.
Bilateral Investment Treaty (BIT), technology and media regulations, digital sovereignty, Investor-State Dispute Settlement (ISDS), cybersecurity, international investment law
Copyright (c) 2026 Dr. Mira Nila Kusuma Dewi, S.H., M.Kn., Dr. Nurul Miqat, S.H., M.Kn., Dr. Susi Susilawati, S.Hi., M.H., Ashar Ridwan, Dr. Abd. Basir, S.Ag., M.H. (Author) https://creativecommons.org/licenses/by-sa/4.0
Protecting Journalists in the Digital Age: A Cross-Jurisdictional Legal Comparison of Indonesia and the Netherlands
This study examines the legal frameworks of Indonesia and the Netherlands in addressing doxing as an emerging threat to press freedom and the protection of journalists’ personal data. Although Indonesia has established several legal instruments, including the Press Law No. 40/1999, the amended Electronic Information and Transactions Law No. 1/2024, and the Personal Data Protection Law No. 27/2022. The existing regulations remain implicit, fragmented, and insufficient in providing legal certainty. Interviews conducted with three journalists from diverse professional backgrounds reveal that legal protection remains predominantly passive, with inadequate law enforcement against actors who perpetrate digital intimidation and attacks on journalists. In contrast, the Netherlands has adopted a more comprehensive regulatory approach through its constitutional guarantee of freedom of expression, the direct implementation of the General Data Protection Regulation (GDPR), the establishment of an independent data protection authority (Autoriteit Persoonsgegevens), and the enactment of a specific anti-doxing law in 2024 that prescribes clear criminal sanctions. Additionally, the PersVeilig protocol demonstrates a more institutionalized mechanism for safeguarding journalists against threats in both physical and digital environments. Comparative analysis highlights the pressing need for Indonesia to strengthen legal protections for journalists through a more integrated model. This study recommends the development of explicit anti-doxing regulation, the establishment of an independent data protection authority, and the creation of cross-institutional collaboration protocols to ensure the safety of journalists and uphold press freedom in the digital democratic ecosystem.
Press freedom, doxing, personal data protection.
Copyright (c) 2026 Chanidia A. Rahmayani, Cahya Wulandari, Mutmainah Nur Qoiri, Winarsih, Nauli Pinorsinta Pasaribu, Jennifer Margareth Uliana Sianipar (Author) https://creativecommons.org/licenses/by-sa/4.0
The Role of Social Media Narratives in Juvenile Bullying Prevention within Indonesian and German Legal-Psychological Contexts
Juvenile violence and bullying in Indonesia continue to rise despite the presence of a normative restorative framework under the Juvenile Criminal Justice System Act (UU SPPA) and educational regulations intended to prevent school-based violence. This study examines how preventive efforts can be strengthened through an integrated legal, psychological, and digital-media approach by comparing Indonesia’s system with Germany’s welfare-oriented model under the Jugendgerichtsgesetz (JGG) and Sozialgesetzbuch VIII (SGB VIII). Using a normative juridical method and comparative analysis, the research finds that Indonesia’s diversion practices remain largely procedural, lacking the professional facilitation, victim support, and psychological engagement necessary for genuine restorative outcomes. By contrast, Germany embeds offender victim mediation within a multidisciplinary welfare ecosystem, supported by structured emotional-literacy programs and digital-behavior education. The study also highlights the emerging role of social media in shaping youth behavior and public narratives about juvenile justice, offering both risks and opportunities for prevention. The findings suggest that Indonesia’s preventive strategies would benefit from professionalizing restorative facilitation, expanding psychological services, integrating digital-literacy and online-empathy curricula, and collaborating with social-media platforms to promote prosocial and restorative content. These measures would align Indonesia’s juvenile justice system with contemporary youth realities and reinforce long-term violence prevention.
Copyright (c) 2026 Sifollia Putri Lingga, Dripsy Teresa Pugon Sapni, Hubert Putra Han (Author) https://creativecommons.org/licenses/by-sa/4.0
Freedom of Speech: Democracy or a Threat to the Country?
Freedom of speech is a fundamental human right protected by Indonesia’s Constitution and is an essential component of democratic life. However, its implementation faces serious challenges due to ambiguous laws, such as the Electronic Information and Transactions Law (ITE Law), and the low level of political and digital literacy among citizens. This study employs a descriptive qualitative method using literature review to examine how freedom of speech is practiced in Indonesia and the factors that hinder it within the Pancasila democratic framework. The findings reveal that freedom of speech remains caught between the protection of individual rights and the pursuit of state stability. Misinterpretations of criticism as threats, coupled with repressive legal actions, have limited public expression. In the digital era, social media provides space for public participation but also raises issues of misinformation and hate speech. Therefore, reforms in regulation, improved digital literacy, and stronger civic education are necessary to align freedom of expression with Pancasila values—ensuring that it is exercised ethically, responsibly, and constructively for the advancement of Indonesian democracy.
Bojezziera Emmet Syaiba Arrasheen Arrasheen
Copyright (c) 2026 Bojezziera Emmet Syaiba Arrasheen Arrasheen, Maula Inayah , Ahmad Dzaki Bagus Andrian, Alya Dwiana Aufani, Prof. Dr. Dewi Sulistianingsih, S.H., M.H. (Author) https://creativecommons.org/licenses/by-sa/4.0
Prison and Non-Prison Sanctions in Cases of Defamation through Social Media
The increase in online defamation in Indonesia in line with the growing number of internet users, which is often responded to with prison sentences of up to 4 years based on the Electronic Information and Transactions Law, has raised a debate regarding the effectiveness and proportionality of such punishments. This article aims to compare the effectiveness of prison sanctions versus non-prison sanctions such as fines, community service, and their alignment with the principles of restorative justice and the 2023 Criminal Code. The research method uses a comparative-normative approach by analyzing the rulings on defamation cases via Facebook, the ITE Law, and regulatory changes in the Criminal Code (Law No. 1/2023). The study results show that the defendants were sentenced to prison (2–8 months), only 3 received probation, the 2023 Criminal Code (effective 2026) abolishes prison sentences for minor offenses, switching to fines (maximum Rp10 million) or community service, online defamation has now become a complaint-based crime following the changes to the ITE Law in 2016. In conclusion, short-term prison sentences are less effective because they have the potential to sacrifice freedom of expression and have minimal preventive impact, while non-custodial sentences are more suitable for minor cases in line with the adoption of restorative justice. Recommendations include amendments to the Electronic Information and Transactions Law (UU ITE) to integrate alternative sanctions of fines or community service, prioritizing mediation as a preliminary step, and socializing the limits of digital freedom.
Copyright (c) 2025 Didik Purnomo, Anis Widyawati, Bagus Hendradi Kusuma (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Responsibility of Digital Commerce Platforms for Seller Content that Violates Public Ethics
The rapid growth of the digital economy in Indonesia has drastically changed the nature of online commerce and prompted urgent considerations regarding the legal responsibilities of digital commerce platforms, especially user-generated content that violates public ethics. This article aims to analyze and compare the preventive, corrective, and compensatory obligations of digital platforms in Indonesia, the European Union, and the United States. This study uses normative legal research with comparative studies, reviewing the Electronic Information and Transaction Law (ITE) in Indonesia, the Digital Services Act of the European Union (EU), and Section 230 of the Communications Decency Act of the United States. The results show that Indonesia implements a knowledge-based and conditional liability system, which requires platforms to remove illegal content after receiving notification, but does not introduce an absolute liability system. The EU adopts a risk-based and proportional approach that reflects differences in the scale and impact of platforms, and focuses on systemic risk management and transparency. On the other hand, the US model tends to prioritize platform autonomy by providing broad immunity. The findings show that although Indonesian regulations are in line with innovation and consumer protection, they are still not strict enough in terms of systemic risks in algorithms and cultural commodification. This study emphasizes that adopting explicit risk assessment standards, enhanced transparency requirements, and stronger user compensation systems presents an opportunity for Indonesia, drawing on the experiences of the EU and the US, to achieve greater platform accountability and sustainable digital growth.
digital commerce platforms, platform responsibility, safe harbors, comparative law
Copyright (c) 2025 Shofiy Zulfah (Translator); Bunga Jasmine Puji Hapsari, Faza Rusda (Author) https://creativecommons.org/licenses/by-sa/4.0
Digital Virality of Incest Fantasy: Media Law Challenges and Family Law Implication
This study examines the virality of the “Incest Fantasy” group on social media as a form of sexual deviance that is explicitly prohibited in both Islamic teachings and Indonesia’s positive law. The objective of this research is to analyze the case through the lens of media law and Islamic family law, highlighting the role of digital technology in normalizing deviant behavior and exposing the weakness of child protection systems. This research employs a normative qualitative approach with descriptive analysis, using secondary data and an interdisciplinary framework. The findings reveal that such deviant behavior constitutes a serious violation of family honor (ḥurmat al-usrah), the principle of lineage protection (ḥifẓ al-nasl), and moral values upheld by Indonesian legislation, such as the Child Protection Act and the Electronic Information and Transactions Law (ITE Law). Moreover, this case demonstrates the lack of effective oversight by digital platforms regarding morally harmful content. Therefore, an integrated legal approach is urgently needed, complemented by educational, religious, and preventive strategies to protect children from the destructive influence of digital content and to restore the role of Islamic values in preserving family integrity.
Digital Virality, Incest Fantasy, Media Law, Family Law
Copyright (c) 2026 Nabilah Falah, Mujjadiddah Aslamiyyah (Author) https://creativecommons.org/licenses/by-sa/4.0
The Role of Investigative Journalism in Indonesia’s Criminal Justice Reforms: A Legal Analysis
Investigative journalism plays a crucial role in upholding democratic values by exposing legal violations, corruption, and systemic injustices within Indonesia’s criminal justice system. However, various challenges, including political interference, restrictive legislation, and threats to press freedom, hinder its effectiveness. This study aims to analyse the impact of investigative journalism on legal reforms in Indonesia, focusing on its role in uncovering miscarriages of justice, judicial corruption, and human rights violations. Employing a qualitative research approach, this study utilises a case study method to examine high-profile cases. Data collection involves reviewing secondary sources, including investigative reports, legal documents, and media coverage. This study indicate that investigative journalism has significantly contributed to legal reforms by exposing judicial corruption, wrongful convictions, and abuses of power. Key cases such as Sengkon and Karta, Baiq Nuril, Artalyta Suryani, Munir, and Ferdy Sambo illustrate how media exposure generates public pressure, prompting institutional accountability and policy changes. Despite ongoing challenges including legal intimidation, defamation laws, and press freedom constraints investigative journalism remains a critical instrument for democratic oversight and legal transformation. Compared to other jurisdictions, Indonesia’s legal framework remains inadequate in safeguarding journalistic freedom and press independence.
investigative journalism, legal reform, press freedom, criminal justice
Copyright (c) 2025 Handar Subhandi Bakhtiar (Author) https://creativecommons.org/licenses/by-sa/4.0
Mainstreaming the Position of Media for Good Governance in Combating Corruption in Indonesia
Media is one of the important pillars in democracy. In many conditions, the media is also considered to have an important role in encouraging the creation of good governance, one of which is encouraging massive efforts to prevent corruption and enforce the law. Various cases prove that with various media discourses and types of news in the community, it helps encourage various disclosures of corruption cases and encourages cleaner, transparent, and better governance. This study aims to analyze the prevention of corruption through good governance through media encouragement. This study also aims to describe and analyze the role of the media in encouraging various efforts to prevent corruption. The method in this study is a normative legal study where the research only examines various theories and legal norms as well as social theories in corruption and governance.
Copyright (c) 2022 https://creativecommons.org/licenses/by-sa/4.0
Media and Character Education in Preventing Corruption in Indonesia: The Future Challenges
The research is aimed at providing an explanation and knowing the relationship that exists between knowledge of attitudes and moral emotions. The approach method in the research used is in the form of qualitative retrieval by managing data collected through primary data sources by means of a literature study. The data that has been collected was analyzed using descriptive analysis, focusing on the description of the meaning in several categories and correlated with the theory of character formation in order to find a correlation between the cultivation of an anti-corruptive spirit and the urgency of character education as an effort to minimize corrupt culture in Indonesia. The results of this study indicate that character education can form non-corruptive souls for the nation's generation, especially the younger generation so that they can make anti-corruption culture a culture that thickens in life and performance when they are domiciled in a state administration. The results also show that there is a relationship between knowledge attitude and moral feeling, even though the period of time is not so fast, but the impact of this moral feeling will be felt after a period of time. While in attitude behavior there is an increase in a positive direction, one of which is the implementation of the honesty canteen which in the implementation of the honesty canteen is already good with the percentage results reaching an average of 80% meaning that anti-corruption values ​​slowly begin to form with good habits which then familiarize the nation's generation to be honest and contribute greatly to the consistency of the non-corruption movement for the development of the country's progress that is free from corrupt attitudes
‘Milenial Bicara Anti-Korupsi’ Media and Youth Anti-Corruption Movement
Corruption is any type of activity based on dishonesty by taking advantage of the position or power held in order to obtain benefits for individuals or other people. In Indonesia itself, it is so synonymous with the problem of corruption, as well as corruption which is identical with Indonesia. This seems to illustrate the impression that Indonesia and corruption are two things that cannot be separated. The problem related to corruption that occurs in Indonesia is indeed quite alarming, the article is that criminal cases of corruption in Indonesia occur non-stop from year to year, almost every year new corruption cases appear with old or new figures. Corruption can be likened to a disease that gnaws at the mentality of Indonesians that seems difficult to treat. Therefore, it is important to change the mindset of the millennial generation from now on to increase awareness of the importance of anti-corruption because the future of Indonesia lies in the current millennial generation. The millennial generation has an important role in reducing and eradicating criminal acts of corruption, therefore, in order for that role to be real, it is necessary to provide training for the millennial generation in fighting corruption in the present or in the future.
Online Prostitution in Media Social: How is the Victim Protection?
The focus of this study is to analyze the online prostitution that is rife in the development of crime motives today, and how it is held accountable to those involved in prostitution, including recipients of commercial sex workers. Online prostitution has mushroomed among the public and can even be accessed by ordinary people, many use this illegitimate business as a livelihood plus is an element of criminal acts, namely fraud where there are victims of commercial sex worker service users this very often happens because it is so vulnerable to committing fraud on social media plus the object of fraud related to sexual activity. The approach in this study is a comparison of law and legal interpretation within the framework of normative legal research. This study uses secondary data derived from various legal rules and related legislation. This research finds and emphasizes that the development of information and technology flows through social media presents challenges in victim protection efforts, especially in the case of online prostitution. Various studies have found that the motive for online prostitution that is rampant in Indonesia begins with fraud and fake accounts. The study also confirms that users of commercial sex worker services can be criminalized using local regulations governing prostitution, the enactment of the Lex Specialist Lex Generalis principle. Victims of fraud or commercial sex workers who are deceived by pimps or sex workers can be convicted of supporting prostitution activities in cyberspace. Victims of prostitution are not only adults but there is an element of coercion to young children to carry out prostitution, this is supported by several factors, namely environmental factors or economic factors.
Baiq Nuril Case and Discourse on Freedom of Expression
Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) was originally born as a legal product in response to the advancement of information and communication technology developments in the world which have significantly changed the pattern of people's lives in multi-sectors of human life. The purpose of the establishment of the ITE Law is to guarantee the rights of the community and maintain the stability of the internet flow from things that can damage it. However, in fact there are still many defects contained in the content of the a quo Law which is multi-interpretable and can be misused by certain parties. Baiq Nuril is an honorary teacher who was sexually harassed by his superiors, but was found guilty by the Supreme Court and charged with Article 27 paragraph (1) in conjunction with Article 45 paragraph (1) of the ITE Law. From the point of view of victim protection, victim protection also contributes to the realm of criminal law, especially regarding criminal matters and punishment for the creation of a law. Victimology is an applied science that makes criminal and criminal charges against perpetrators more equal and accountable. With the clarity of the position and role of the victim in the occurrence of a crime, it can be used as one of the considerations for judges as decision makers to decide the type and amount of criminal punishment that will be assigned to the perpetrator as victim protection. Through this simple article, the author will provide an explanation and understanding of the case experienced by Baiq Nuril in Indonesian criminal law in terms of victimology perspective through normative juridical research methods of library law research, as well as data collection through library research methods.
Cyberbullying in Media Social: A Mainstreaming the Victim Protection Principles in Indonesian Criminal Justice System
The presence of the era of globalization presents a technological assistance in human life. It is also possible that the digitization process is used by irresponsible people to commit crimes in cyberspace or cybercrime. We often find that in the process of developing the virtual world there is also the development of new types of crime. The form of crime in question is cyberbullying or cyber bullying. In this article, the author will discuss the impact of cyber bullying, especially on children and the protection of victims of bullying in the Indonesian legal system, which in this case is related to the Bowo case. This study uses a normative juridical method with a statutory approach and an analytical approach by examining the contents of the law and discussing an analysis of the legal case being discussed regarding the act of bullying cyberbullying on social media in the Bowo case. Bowo received insults on social media related to his physical appearance or body shaming. The state has regulated in the ITE Law that forms of humiliation, threats and defamation in the scope of the use of technology such as social media can be criminally punished. The guarantee that victims are also protected by the state in the recovery process after a crime has occurred is regulated in the Republic of Indonesia Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 for the Protection of Witnesses and Victims.
Sale & Purchase Agreement through Internet: The Legal Certainty for the E-Commerce Practices in Indonesia
E-commerce is a form of trade which has its own characteristics that are cross-border trade, not to meet the seller and buyer, use media internet. The birth of Law No. 11 of 2008 is about Information and Electronic Transactions (UU ITE) seems to be the solution to provide protection for consumers. In the ITE Law has set the terms validity of e-commerce transactions, establishing the rights and obligations, prohibited acts, responsibility, legal protection, remedies, and dispute resolution in e-commerce transactions. The purpose of this study is to analyze the legal certainty aspect on the buying and selling agreement on electronic commerce cases in Indonesia.
Copyright (c) 2025 Firqotun Naziah https://creativecommons.org/licenses/by-sa/4.0
Consumer Protection on Illegal Drugs Cases in Indonesia
The purpose of this study is to know how the legal protection for consumers on the circulation of illegal drugs and how the accountability of business actors on the circulation of illegal drugs. By using normative juridical research method is concluded: 1. Legal protection to consumers on the circulation of illegal drugs conducted by the government through the Agency of Drugs and Food (BPOM). With this BPOM shows the attention that the government has run its supervision. In addition, the protection of consumer law arising from the existence of rights and obligations set forth in Article 4 letters a and c, article 7 letters a and d, article 8 paragraph 1 letter a, d and e of Law Number 8 Year 1999 concerning Consumer Protection. The fulfillment of consumer rights over security, the right to be heard, the correct, clear and honest information regulated in the UUPK is still not fulfilled. Article 98 paragraph 2, Article 106 paragraph 1 and 2 of Law Number 36 Year 2009 on Health. 2. The business actor is responsible as the manufacturer of the goods because the importer of the goods is not an agent or official importer. The business actor who is an individual shall be liable for the losses incurred even if only as an importer not as a producer of the goods. Related to the violation of Article 8 paragraph 1 letter a, d and e then based on Article 62 paragraph 1 Laws that sanctions may be subject to imprisonment a maximum of five years or a maximum fine of Rp. 2,000,000,000 (two billion rupiah). It is thus a legal basis which can be worn by consumers as a form of accountability, addressed to businessmen illegal drugs is a criminal sanction sebagimana governed by article 62 paragraph 1 of BFL.
Individual Freedom in the Legal Discourse in Indonesia
Indonesia is one of the countries included in the state law. Law is a rule that can not be separated from our daily life where every joint of our lives is in the shade of law. Laws other than to protect us from abuse of power, the law is also used to uphold justice. This freedom is the hallmark of modern society today. But freedom has certain qualities. A free individual does not mean that they can do things themselves, such as damaging their surroundings, destroying other people's goods, harassing a man's wife or husband and so on. Of the 1945 Constitution Article 28 E is Everyone is free to embrace religion and worship according to his religion, choosing education and teaching, choosing a job, choosing citizenship, choosing a residence in the territory of the country and abandoning it, and the right to return, Everyone has the right to freedom of belief, expression of thoughts and attitudes, in accordance with his conscience, Everyone has the right to freedom of association, assembly, and expression.
Copyright (c) 2022 Eko Agustinus https://creativecommons.org/licenses/by-sa/4.0
Online Shopping Protection in Indonesia: A Social & Legal Discourse
In this modern era, Electronic Commerce or business transactions today's generation called it the online shopping loved everybody in terms of its use, because it is very effective and can efficiently time so that one can conduct transactions wherever and whenever. It turns out it is very bersiko. Internet is an open network that can trigger the occurrence of data manipulation factors which would harm the party. Finally, emerging form of software security solutions, which did not give full guarantee to be free from loss, it certainly can reduce public confidence. Based on the relevant legislation, namely Law No. 40 of 20014 any emerging risks and capable of causing the loss can be the object of insurance. This means that all forms of transactions in e-commerce should be insured in order to ensure certainty and security in the transaction. The rules regarding insurance with respect to electronic commerce should be regulated specifically in a chapter in the Law No. 40 of 2014 on insurance, so as to provide clear regulation about insurance sehubungannya with e-commerce. Through normative legal research methods are expected to be able to prove how a clear legal basis to the problem in question, especially in the perspective to businesses as well as the Insurance Act itself.
Copyright (c) 2022 Andini Gita Rinjani, Ahmed Badaruddin Muhammad Sabri
Hate speech accompanies intellectual freedom in new media. In the context of Indonesia, this phenomenon is very important during a political event such as legislative elections, presidential election, or elections of regional head. Since the 2014 presidential election, the term 'haters' was widely known, titled people with golden messages hateful to certain people or groups. Especially for netizens (youth users) - the Y and Z generation, the practice of communication with these hate messages should receive special attention. In addition to the heir of the nation, this is what coloring cyberspace now. They are native to the digital world (digital native). They are aware of the right to speak and express but understand that the online realm is the public domain inherent in normative responsibility. This paper reviews efforts to send hate messages through hate speech legislation (Hate Speech) laws and how ITE laws against hate speech acts.
Copyright (c) 2022 Jerico Mathias, Rosamine Blessica
Legal Protection of MSMEs in the Digital Technology Era in Makassar City: Facing Recession
This study aims to encourage government policies and regulations in protecting MSMEs, to analyze the obstacles faced by micro, small, and medium enterprises in obtaining legality and access to the market. Using a normative-empirical legal approach method, this study examines the applicable laws and regulations and explores the socio-economic conditions of MSME actors in Makassar. The results of the study show that although the government has issued policies such as NIB, IUMK, and PIRT, the level of ownership of legal documents among MSMEs is very low. This is due to the lack of socialization, minimal digital-based knowledge services for business actors, and limited access to legal services. The digital era has made a positive contribution to legal protection of businesses, through the Online Single Submission (OSS) system, which facilitates the creation of documents as business legalization. The use of electronic documents can strengthen legal certainty, as valid evidence if a business dispute. Therefore, intensive and continuous legal assistance is needed to increase the awareness and presence of business actors, in order to support the desires and competitiveness of the emerging MSMEs in the era of globalization and the threat of future recession.
Legal Protection, MSMEs, Competitiveness Business, Digital Technology
Copyright (c) 2025 Nurhaedah Nurhaedah, Dian Eka Puspita Azis (Author) https://creativecommons.org/licenses/by-sa/4.0
The Position of The Validity of Digital Signatures in Internet Sales Transactions: Perspectives of the Civil Code and the Consumer Protection Law
It is known that in general the process of buying and selling transactions requires a physical meeting between the seller and the buyer, as per Article 1457 of the Civil Code. In the context of modern trade, buying and selling can be done face-to-face, without using original signatures and without territorial boundaries by utilizing information technology. Digital signature emerges as a concept that replaces the word “agree” in electronic transactions. Similar to analog signatures, digital signatures also serve to legitimize existing documents. However, currently there is still much debate regarding the recognition, legal force and legal consequences of electronic signatures, especially when disputes arise between the parties involved. The purpose is to determine and analyze the position of the validity of digital signatures in internet sales transactions: the perspective of the Civil Code and the Consumer Protection Law as well as the position of the parties in the internet Sales and Purchase Agreement. This research uses a normative juridical legal research approach. The approach used is legislation (state approach). In this legal research, analytical descriptive specifications are used. The method used is a literature study (Library Research) and qualitative data analysis using primary, secondary and tertiary legal materials which are interpreted in depth. The resume and discussion is that digital signatures are a very appropriate technique used to guarantee the authenticity of documents and avoid the possibility of someone leaking documents. This technique is much more sophisticated and more efficient than manual signatures. Information technology security is then regulated by law by not being an obstacle to technological development, but rather as a counterweight that provides security guarantees to its users. The law is here to provide protection for information technology.
validity, digital signature, transaction, buying and selling over the internet
Copyright (c) 2025 Andi Sri Rezky Wulandari, Andika Prawira Buana, Anisa Daeng Tarring, Tri Abriana Ma'ruf, Athifa Ikhtiari (Author) https://creativecommons.org/licenses/by-sa/4.0