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All Journal University Of Bengkulu Law Journal AKADEMIK: Jurnal Mahasiswa Humanis Journal Iuris Scientia
Deny Puspitasari
Universitas Safin Pati
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PERTANGGUNGJAWABAN PIDANA TERHADAP PENGGUNAAN CITRA TANPA PERSETUJUAN DALAM KONTEN PORNOGRAFI BERBASIS ARTIFICIAL INTELLIGENCE Nila Arzaqi; Deny Puspitasari
JOURNAL IURIS SCIENTIA Vol. 4 No. 2 (2026): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62263/1jhmfg44

Abstract

The advancement of generative Artificial Intelligence technology has introduced a new threat in the form of synthetic pornographic content created using individuals' images without consent, commonly known as deepfake pornography. This phenomenon raises serious concerns in criminal law, particularly regarding gaps in existing regulations and the complexity of determining criminal liability. This study aims to analyze Indonesian positive law provisions, construct criminal liability frameworks, and identify law enforcement challenges regarding the non-consensual use of images in AI-based pornographic content. A normative juridical method with a descriptive-analytical approach was employed, utilizing statutory, conceptual, and case approaches. The findings indicate that the Pornography Law, Electronic Information and Transactions Law, Personal Data Protection Law, and the New Criminal Code can be applied teleologically, yet contain normative gaps as none explicitly regulates AI-generated synthetic content. Criminal liability may be imposed upon active users as primary perpetrators, content distributors, platform developers, and content commissioners under the deelneming construction. Law enforcement faces juridical, technical-forensic, and institutional obstacles requiring a comprehensive approach through regulatory reform, digital forensic capacity building, victim protection, and digital platform accountability.
STRUCTURAL PARALYSIS OF INTERNAL OVERSIGHT AND THE ABUSE OF ADMINISTRATIVE DISCRETION IN INDONESIA LOCAL GOVERNMENT Rohmad Pujiyanto; Deny Puspitasari
University Of Bengkulu Law Journal Vol. 11 No. 01 (2026): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v11i01.48666

Abstract

This study analyzes the pathology of administrative discretion in Indonesian local government, focusing on cases of "job-selling" and procurement maladministration identified in 2026. Despite the legal framework provided by Law No. 30 of 2014, administrative discretion (freies ermessen) remains vulnerable to systemic abuse by regional heads. Using a normative-legal research method with statutory, case, and conceptual approaches, this research examines how the erosion of meritocracy and the manipulation of public contracts occur within a weakened oversight environment. The findings reveal that the internal oversight body (APIP) suffers from structural paralysis due to its jurisdictional subordination to the very authority it is tasked to monitor. This creates a "control vacuum" that allows administrative corruption to persist despite digital governance reforms. This study proposes a radical legal reconstruction by transforming APIP into a vertically independent institution and establishing rigid, objective parameters for administrative discretion through "Administrative Impact Assessments." By strengthening these preventive instruments, the administrative law framework can effectively mitigate bureaucratic capture and restore institutional integrity in local governance.
Perlindungan Hukum terhadap Anak yang Dilahirkan dari Perkawinan Siri dalam Poligami Tanpa Izin: Analisis Penetapan Pengadilan Agama Kudus Nomor 94/Pdt.P/2022/PA.Kds Suhada Sholikhin; Deny Puspitasari
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 6 No. 2 (2026): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v6i2.2093

Abstract

Marriage is a legal institution that establishes civil relationships between spouses and their children. In Indonesia, a marriage is legally recognized when it complies with religious law and is officially registered. However, unregistered marriages (nikah siri) remain common and often create legal uncertainty, particularly regarding the civil status of children. This issue becomes more complex when the unregistered marriage is conducted by a man who is still legally married to another woman without obtaining court approval for polygamy. This study aims to analyze the legal consequences for children born from such marriages and to examine the legal reasoning of the judges in the Decision of the Kudus Religious Court Number 94/Pdt.P/2022/PA.Kds. This research employs a normative juridical method using statutory, case, and conceptual approaches. The findings show that children born from unregistered marriages remain biologically related to both parents but may face administrative obstacles in proving their civil relationship with the father. Nevertheless, Constitutional Court Decision Number 46/PUU-VIII/2010 allows such children to establish civil relations with their biological father through valid legal evidence. The determination of a child’s origin by the court provides legal certainty and ensures the fulfillment of rights to identity, maintenance, education, and inheritance. The judges in Decision Number 94/Pdt.P/2022/PA.Kds adopted a progressive approach by prioritizing the best interests of the child over the formal absence of marriage registration.
Co-Authors Nila Arzaqi Pujiyanto, Rohmad Suhada Sholikhin