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All Journal Journal Indonesia Law and Policy Review (JILPR)
Ardison Asri
Marshal Suryadarma Aerospace University, East Jakarta, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF HACKING CRIMINAL ACTS Guruh Tirta Lunggana; Diding Rahmat; Ardison Asri
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 2 (2026): Journal Indonesia Law and Policy Review (JILPR), February 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i2.616

Abstract

Hacking is a form of cybercrime that threatens the security of electronic systems and personal data. In Indonesia, this act is strictly regulated in Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE Law), as amended by Law No. 19 of 2016. Article 30 of the ITE Law prohibits anyone from accessing electronic systems without authorization, whether to obtain information or by breaching security systems. Criminal liability for hacking is emphasized in Article 46 of the ITE Law, with significant penalties of imprisonment and fines. This study shows that the criminal elements in hacking include unlawful acts, malicious intent (mens rea), and the consequences caused. Legally, this regulation reflects the state's commitment to protecting the integrity and privacy of electronic systems. However, its imple-mentation requires support from competent law enforcement agencies and regulations that are adaptive to technological developments. Therefore, efforts to enhance capacity, update laws, and educate the public are needed to create a legal system capable of effectively responding to cybercrime.
LEGAL ANALYSIS OF THE PROVISIONS ON THE DEATH PENALTY IN THE CRIMINAL CODE Dedy Irawan; Diding Rahmat; Ardison Asri
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.641

Abstract

Capital punishment is the most severe form of punishment in the Indonesian criminal justice system and remains a controversial issue that sparks debate between the need to uphold justice and the protection of human rights, particularly the right to life. Under the old Criminal Code, capital punishment was included as a primary punishment that could be imposed on perpetrators of serious crimes such as premeditated murder, terrorism, treason, and drug trafficking. Meanwhile, the new Criminal Code, as specified in Law No. 1 of 2023, introduces significant changes in the regulation of the death penalty. The death penalty is no longer positioned as the primary punishment but rather as a conditional alternative punishment, which is only imposed if other penalties are deemed insufficient to achieve justice. This study aims to examine the differences in the regulation of the death penalty in the old and new Criminal Codes and to analyze the considerations of judges in imposing the death penalty based on a study of Decision No. 32/Pid.Sus/2025/PN Pts. The approach used is normative legal with a descriptive analysis method. The results of the study show a shift in the criminal law paradigm from a retributive approach to a more restorative and humanistic approach. In the new Criminal Code, the death penalty can be imposed with a probation period of 10 years, and if during that period the convict demonstrates good attitude and behavior, the sentence can be changed to life imprisonment or a fixed term of imprisonment. The regulation of the death penalty in the new Criminal Code reflects the state's efforts to maintain the deterrent effect on serious crimes while upholding the principles of humanity and balanced justice.
LEGAL ANALYSIS OF THE IMPLEMENTATION OF RESTORATIVE JUSTICE TOWARDS CORPORATE RESPONSIBILITY IN THE CONTEXT OF ENVIRONMENTAL RESTORATION Dadang Wahyudin; Diding Rahmat; Ardison Asri
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.643

Abstract

This study discusses the legal analysis of the application of restorative justice to corporate accountability in the context of environmental restoration. Environmental violations committed by corporations generally have a widespread and serious impact on ecosystems and the lives of surrounding communities. In national regulations, environmental law enforcement can be carried out through administrative, civil, and criminal channels. One key point is that corporations, as legal entities, can be held criminally liable if proven to have caused environmental pollution or damage. However, the imposition of sanctions on corporations still faces various challenges, such as weak enforcement, interference from vested interests, and a lack of concrete restoration for the environment and affected communities. In line with this, the restorative justice approach has begun to gain attention as an alternative in resolving environmental disputes. This approach emphasizes restoring environmental conditions and fulfilling the rights of affected communities, rather than merely punishing the perpetrators. In the context of Law no. 32 of 2009, restorative justice is reflected in out-of-court dispute resolution mechanisms, mediation, and ecological restoration. However, the lack of strong technical and institutional guidelines limits its implementation. Therefore, there is a need to strengthen regulations and the commitment of law enforcement officials to apply restorative justice more effectively in order to create environmental law enforcement that is not only repressive but also solution-oriented and sustainable.
Co-Authors Dadang Wahyudin Dedy Irawan Diding Rahmat Guruh Tirta Lunggana