Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Journal of Creative Power and Ambition (JCPA)
Idul Hamzah Alid
Universitas Darul Ulum Islamic Centre Sudirman
Economics, Econometrics & Finance

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Criminal Liability for Perpetrators of Dissemination of Personal Data Through Social Media: Pertanggungjawaban Pidana Pelaku Penyebaran Data Pribadi Melalui Media Sosial Alfian Bantara Sumarmo; Mohamad Tohari; Idul Hamzah Alid
Journal of Creative Power and Ambition (JCPA) Vol. 4 No. 01 (2026): Journal of Creative Power and Ambition (JCPA)
Publisher : CV Edujavare Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70610/jcpa.1389

Abstract

The proliferation of social media has created new avenues for the unauthorized dissemination of personal data. Such conduct not only infringes on individual privacy but may also produce serious harms ranging from reputational damage to threats against victims' safety. This study examines how Indonesian criminal law particularly Law Number 27 of 2022 on Personal Data Protection (UU PDP) and Law Number 11 of 2008 as amended by Law Number 19 of 2016 on Electronic Information and Transactions (UU ITE) constructs criminal liability for perpetrators who disseminate personal data through social media. A normative juridical method is employed, drawing on statutory and conceptual approaches. The study also analyzes the criminal elements that must be established, the penal sanctions prescribed, and the evidentiary challenges encountered in practice. The findings indicate that the regulatory framework has become more comprehensive following the enactment of UU PDP; however, its implementation remains hampered by significant obstacles particularly in identifying anonymous perpetrators, establishing mens rea, and ensuring inter-agency coordination. The study concludes that the effectiveness of criminal accountability in personal data dissemination cases requires strengthened digital forensics capacity among law enforcement actors and clearer technical guidance on UU PDP implementation.
A Legal Analysis of Digital-Based Fraud Crimes in Indonesia: Analisis Yuridis Terhadap Tindak Pidana Penipuan Berbasis Digital di Indonesia Yoga Dwi Utama; Muhammad Zainuddin; Idul Hamzah Alid
Journal of Creative Power and Ambition (JCPA) Vol. 4 No. 01 (2026): Journal of Creative Power and Ambition (JCPA)
Publisher : CV Edujavare Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70610/jcpa.1392

Abstract

The rapid advancement of digital technology has created new avenues for fraudulent conduct that far exceeds the reach of conventional criminal law. Digital-based fraud encompassing phishing, social engineering, online shopping scams, and fraudulent investment schemes disguised as digital platforms shows a consistently rising trend and inflicts enormous financial losses on Indonesian society. This study examines how Indonesian criminal law constructs liability for digital fraud, particularly through the Criminal Code (KUHP), Law Number 11 of 2008 as amended by Law Number 19 of 2016 on Electronic Information and Transactions (UU ITE), and Law Number 8 of 1999 on Consumer Protection. A normative juridical method is employed, using statutory and conceptual approaches. The analysis reveals that conventional fraud provisions in the Criminal Code are insufficient to capture the unique characteristics of digital fraud, while UU ITE offers more relevant penal provisions yet leaves interpretive uncertainties regarding key elements of the offense. Key challenges identified include difficulties in proving elements of deception and criminal intent in digital contexts, perpetrator anonymity, and insufficient inter-agency coordination in handling cross-border cases. The study recommends strengthened digital investigative capacity, uniform juridical interpretation of digital fraud offense elements, and enhanced technical implementation regulations.
Co-Authors Alfian Bantara Sumarmo Mohamad Tohari Muhammad Zainuddin Yoga Dwi Utama