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Child Criminality Under Algorithmic Colonization for Digital Existence Beby Savitri; Zainal Arifin Hoesein; Alfin Suherman
International Journal of Law, Crime and Justice Vol. 3 No. 2 (2026): June: International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v3i2.995

Abstract

The rapid development of technology has trapped children within the vortex of social media algorithms that encourage criminal acts in pursuit of digital existence. This study aims to analyze the philosophical roots of the shifting legal awareness of children through a confrontation between Jeremy Bentham’s theory of Utilitarianism and Jean Baudrillard’s theory of Hyperreality. Employing a doctrinal legal research method with conceptual and legal philosophical approaches, this article examines how social media algorithms based on the competition for public attention have created a space of simulacra. Within Baudrillard’s condition of hyperreality, children live in an artificial reality that is perceived as more real than the physical world, causing moral and legal boundaries to become blurred. This condition ultimately distorts Bentham’s hedonistic calculus within children; the desire to seek pleasure in the form of instant validation, likes, and digital recognition surpasses their rational awareness of pain in the form of threats of criminal sanctions. This study concludes that child criminality in the digital era is not merely a violation of conventional legal norms but rather a consequence of the “colonization” of algorithms that weakens children’s normative legal awareness. This philosophical understanding is essential as an initial foundation in formulating future directions for regulatory reform on child protection and legal education.
Legal Analysis of The Application of Right to be Forgotten (RTBF) in Acquittal Verdicts: Implications for The Restoration of Inmates' Rights within The Indonesian Criminal Justice System Alfin Suherman; Riswadi Riswadi
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i2.3043

Abstract

This research examines the potential application of the Right to Be Forgotten (RTBF) in Indonesia's criminal justice system, focusing on individuals who have been acquitted or have completed their sentences. The study explores the legal, social, and ethical implications of RTBF in relation to criminal records, aiming to assess how it could support the rehabilitation and reintegration of acquitted individuals. In Indonesia, criminal records often remain publicly accessible long after a person has been legally exonerated, creating barriers to social reintegration due to the stigma associated with past accusations. The study investigates the gaps in the current legal framework, such as the lack of provisions for the removal or anonymization of criminal records for acquitted individuals, and explores how RTBF could promote justice and fairness. The research uses a literature review methodology, analyzing relevant legal texts including Law No. 11 of 2008 on Information and Electronic Transactions (ITE Law), Law No. 39 of 1999 on Human Rights, and the 1945 Indonesian Constitution. The review critically evaluates the challenges and opportunities of implementing RTBF, focusing on balancing privacy rights with public safety concerns. The findings suggest that RTBF could reduce the negative impact of criminal records on individuals who have been acquitted, facilitating their reintegration into society. However, the study also highlights the challenges in implementing RTBF due to societal and legal factors. Legal reforms recommendations allow individuals to request the removal of criminal records, aligning Indonesia's legal system with international human rights standards.