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All Journal ADLIYA: Jurnal Hukum dan Kemanusiaan Lampung Journal of International Law (LaJIL) Indonesia Private Law Review Administrative and Environmental Law Review
Fardana Kusumah
Central China Normal University
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Formulating Social Media Blacklisting as An Additional Criminal Sanction for Online Child Sexual Crimes in Indonesia: A Normative and Comparative Analysis Muhamad Adystia Sunggara; Zico Junius Fernando; Fardana Kusumah
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 20 No. 1 (2026): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v20i1.48636

Abstract

The expansion of social media is transforming the modus operandi of child sexual crimes by enabling offenders to groom, manipulate, exploit, and blackmail children through digital platforms. Indonesia’s current criminal justice system remained largely dependent on imprisonment and fines, while the offender’s post-conviction access to the same digital environment used to commit the crime was insufficiently regulated. Therefore, this study aimed to examine the possibility of formulating social media blacklisting as an additional criminal sanction for online child sexual crimes in Indonesia. A normative legal study was conducted with statutory, conceptual, and comparative methods to analyse Indonesian criminal law, child protection norms, digital rights, and comparative practices in the United Kingdom, the United States, South Korea, Germany, and Scandinavian jurisdictions. The results showed that social media blacklisting was normatively justified only when it was expressly regulated by statute, imposed by judicial decision, based on individual risk assessment, limited in duration and scope, and subject to proportionality review. This study contributed to penal reform scholarship by proposing a rights-based and risk-based model of digital additional punishment that protected children, prevented digital recidivism, and avoided unconstitutional blanket restrictions on access to information and expression.
LEGAL RECOGNITION OF METAVERSE PROPERTY RIGHTS AND THE TRANSFER OF VIRTUAL ASSETS IN INDONESIAN PRIVATE LAW Zico Junius Fernando; Mas Putra Zenno Januarsyah; Firdaus Arifin; Vidyadhara Prawiratama Nugraha; Fardana Kusumah
Indonesia Private Law Review Vol. 7 No. 1 (2026)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v7i1.5183

Abstract

Metaverse has transformed virtual assets into economically valuable objects that challenge conventional concepts of property under Indonesian private law. Although virtual assets such as cryptoassets, non-fungible tokens (NFTs), and metaverse property are widely traded, their legal status remains uncertain, creating ambiguity regarding ownership, transfer, and legal protection. This study examines the normative basis for recognizing virtual assets as objects of property rights within Indonesia's civil law system. Using a normative juridical method with a comparative approach, the study analyzes Indonesian private law alongside developments in England and Wales, Singapore, Japan, and the European Union. The findings demonstrate that virtual assets satisfy the defining characteristics of intangible property, including identifiability, exclusive control, transferability, and economic value, making them capable of recognition as objects of proprietary rights. The study further argues that blockchain-based transfers and smart contracts can operate as legally valid mechanisms for transferring ownership when supported by appropriate legal recognition. To strengthen legal certainty, Indonesia should recognize virtual assets as a distinct category of intangible property, adapt property law to digital transactions, strengthen proprietary remedies, and modernize dispute resolution and cross-border enforcement. These reforms would provide a coherent legal framework for protecting virtual assets and support the development of Indonesia's digital economy.
Transnational Environmental Crime in the Context of International Criminal Law and Victim-Centered Environmental Justice Zico Junius Fernando; Firdaus Arifin; Muhamad Adystia Sunggara; Fardana Kusumah
Lampung Journal of International Law Vol. 7 No. 1 (2025)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v7i1.4338

Abstract

Transnational environmental crimes are among the most complex and destructive forms of cross-border criminality, including wildlife trafficking, illegal trade of endangered species, transboundary pollution, and unlawful exploitation of natural resources by state and non-state actors. These offenses have yet to gain explicit recognition as core international crimes, despite their severe impacts on ecosystems, geopolitical stability, and local communities. This article examines the urgent need to incorporate transnational environmental crimes into international criminal law and emphasizes a victim-centered environmental justice approach to restore the rights and sustainability of affected communities. Using normative and comparative legal analysis, it advocates recognizing ecocide and cross-border environmental offenses as serious violations of ecological justice and human rights. The study further explores how victim protection frameworks can extend to Indigenous communities, future generations, and non-human entities, offering guidance for Indonesia in building a more responsive, transnational, and victim-oriented environmental criminal justice system.
Environmental Genocide and the Urgency to Criminalize Ecocide in Modern Criminal Law Reform Zico Junius Fernando; Firdaus Arifin; Muhamad Adystia Sunggara; Chairul Huda; Fardana Kusumah
Administrative and Environtmental Law Review Vol 7 No 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i1.5010

Abstract

Environmental genocide refers to systematic ecological destruction that threatens the survival, identity, and dignity of particular communities, especially Indigenous and marginalized groups. This article argues that ecocide should be constructed as the legal offense capable of responding to such destruction within modern criminal law. Using a descriptive-prescriptive normative legal method, this study applies statutory, conceptual, and comparative approaches to examine the limits of existing environmental criminal law and to formulate a more precise model for criminalizing ecocide. The comparison focuses on the European Union, France, Ecuador, and Bolivia by assessing four variables: the definition of ecological harm, the threshold of severity, corporate and state accountability, and enforcement mechanisms. The study finds that Indonesian environmental law already recognizes serious environmental crimes and corporate liability, but it remains oriented toward pollution, administrative violation, and damage-based liability rather than systematic ecological destruction with cultural, intergenerational, and community-based consequences. This article proposes that ecocide be formulated as a distinct offense based on four core elements: unlawful or wanton conduct; severe, widespread, or long-term ecological damage; knowledge or intent regarding the risk of such damage; and aggravated liability where the destruction affects vulnerable communities or Indigenous peoples. The article contributes a doctrinal model for integrating ecocide into Indonesian criminal law reform through amendment of environmental legislation or the creation of a lex specialis on serious ecological crimes.
Co-Authors Chairul Huda, Chairul Fernando, Zico Junius Firdaus, Arifin Mas Putra Zenno Januarsyah Muhamad Adystia Sunggara Muhamad Adystia Sunggara Vidyadhara Prawiratama Nugraha Zico Junius Fernando