Sokhib Naim
Fakultas Hukum Universitas Muhammadiyah Sorong

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Constitutional Law Reform: Analysis and Impact Muharuddin; Sokhib Naim; Saharuddin; Sopian; Jusuf Luturmas
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.1.10208.24-32

Abstract

This research aims to assess the efficacy of the amendments to the 1945 Constitution of the Unitary State of the Republic of Indonesia in promoting democratic values and enhancing government accountability. Utilizing a normative research method, the study involves comprehensive literature reviews and detailed analyses of legal documents, including related laws, regulations, official documents, academic publications, and specific amendments to the Constitution. These amendments, which included limiting the presidential term, increasing the transparency of the general election process, and strengthening the roles of the People's Representative Council and the Regional Representative Council, were evaluated for their impact. The findings indicate that while the constitutional changes have fostered increased accountability and transparency within the government, challenges such as bureaucratic inertia, public ignorance of legal frameworks, and persistent corruption continue to impede full realization of the reforms. The study suggests that enhanced public engagement, stricter law enforcement, and further bureaucratic reform are necessary to overcome these obstacles. Successfully addressing these challenges could lead to a smoother functioning of governance, improved administration, and the establishment of a democratic and just legal state that aligns with Indonesia's aspirations. The potential implications of these reforms are significant, promising to enhance the democratic fabric and accountability mechanisms of the country.
Deepfake sebagai Sarana Pemerasan dalam Perspektif Hukum Pidana Indonesia Rio Irandha Putra; Wahab Aznul Hidaya; Sokhib Naim
Jurnal Risalah Hukum Vol 22 No 1 (2026): Volume 22, Nomor 1, Juni 2026
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v22.i1.2064

Abstract

This research analyzes Indonesia's legal construction in addressing the misuse of deepfake technology in the criminal offense of extortion, examining both substantive criminal law and evidentiary aspects. The findings indicate that the extortion provision under Article 482 paragraph (1) of the National Penal Code is inadequate to address deepfake-based threats, as the element of "violence" is still interpreted as physical violence, making the offense of intimidation under Article 483 of the National Penal Code and Article 27B paragraph (2) of the Electronic Information and Transactions Law a more precise legal construction. A single act of deepfake-based extortion may even fall within the scope of four overlapping legal regimes simultaneously, namely the National Penal Code, the Electronic Information and Transactions Law, the Personal Data Protection Law, and the Pornography Law, which in turn generates normative fragmentation and threatens legal certainty as conceptualized by Jan Michiel Otto. With respect to evidentiary matters, Law Number 20 of 2025 concerning the Criminal Procedure Code retains the negative statutory system of proof (negatief wettelijke bewijstheorie) while expanding the categories of admissible evidence to nine types, including electronic evidence and judicial observation, both of which are particularly relevant in assessing the authenticity of AI-generated content. Nevertheless, the practical implementation of this evidentiary framework remains constrained by the limited number of certified digital forensic experts and the uneven distribution of accredited forensic laboratories. This research concludes that the core challenge lies not in the absence of applicable norms, but rather in the urgent need for harmonization across legal regimes and the strengthening of law enforcement's technical capacity.