Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal ADLIYA: Jurnal Hukum dan Kemanusiaan Indonesia Private Law Review
Fardana Kusumah
Central China Normal University
Religion Humanities Law, Crime, Criminology & Criminal Justice

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

Found 2 Documents
Search

 1 
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.
Co-Authors Fernando, Zico Junius Firdaus, Arifin Mas Putra Zenno Januarsyah Muhamad Adystia Sunggara Vidyadhara Prawiratama Nugraha Zico Junius Fernando