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All Journal Greenation International Journal of Law and Social Sciences Siber Nusantara of Law and Politic Review (SNLPR)
Edy Krispono
Universitas Borobudur, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Cyber Legal Protection for Consumers in Cross-Border E-Commerce Transactions in the ASEAN Region Edy Krispono; Ahmad Redi
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.667

Abstract

This article discusses cyber legal protection for consumers in cross-border e-commerce transactions in the ASEAN region, focusing on an analysis of Indonesian national regulations and the ASEAN regional framework. The rapid development of cross-border e-commerce brings significant opportunities for digital commerce, but also presents serious challenges in consumer protection, particularly regarding transaction security, information transparency, misuse of personal data, and cross-border dispute resolution mechanisms. Indonesia already has several relevant regulations, such as Government Regulation Number 80 of 2019 regarding Commerce Through Electronic Systems, Law Number 1 of 2024 concerning Electronic Information and Transactions, Law Number 8 of 1999 concerned Consumer Protection, and Law Number 27 of 2022 concerning Personal Data Protection. Although these regulations provide a basic framework, they are still limited in nature and cannot address the complexities of cross-border transactions. At the regional level, ASEAN has issued the ASEAN Agreement on E-Commerce, which encourages the establishment of a safe, fair, and inclusive digital commerce ecosystem. However, its implementation still faces challenges in legal harmonization, differences in consumer protection standards, and limitations in cross-border dispute resolution mechanisms. Therefore, strategic steps are needed to harmonize regulations across ASEAN countries, establish a regional dispute resolution forum, and enhance cooperation between supervisory authorities in the areas of digital trade and personal data protection. It will ensure more effective cyber legal protection for consumers in cross-border e-commerce transactions, bolster public trust, and strengthen digital economic integration in the ASEAN region.
Digital Evidence in the Crime of Disseminating Indecent Content on Social Media: Analysis of Expert Statements, Electronic Evidence, and Criminal Liability under the ITE Law Edy Krispono; Ade Zamrah; Zainal Arifin Hoesein
Siber Nusantara of Law and Politic Review Vol. 2 No. 2 (2026): Siber Nusantara of Law and Politic Review (April - September 2026)
Publisher : Siber Nusantara Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/snlpr.v2i2.1091

Abstract

The development of information technology has changed the pattern of criminal acts, including the dissemination of immoral content through social media. These acts no longer only abandon conventional evidence but also produce various forms of electronic evidence that require special evidentiary mechanisms. The problems that arise are the position of electronic evidence in proving elements of a crime, the evidentiary strength of the testimony of digital forensic experts and Information and Electronic Transactions (ITE) experts, and how the perpetrators are held criminally liable based on the provisions of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions. This study aims to analyze the evidentiary strength of electronic evidence, the relevance of expert testimony in the evidentiary process, and the construction of criminal liability for perpetrators of the dissemination of immoral content through social media. The study employed normative legal research methods with a statute approach, a conceptual approach, and a case approach. Data was analyzed qualitatively by reviewing the provisions of the Criminal Procedure Code (KUHAP), the ITE Law, Law Number 1 of 2024, and the investigative facts in a case of alleged distribution of indecent content via an Instagram account handled by the Special Criminal Investigation Directorate of the West Kalimantan Regional Police. The results of the study indicate that digital evidence in cases of crimes against morality on social media cannot only rely on the existence of screenshots but must be supported by a series of other electronic evidence, such as electronic devices, digital traces of accounts, metadata, witness statements, and expert statements explaining the relationship between the perpetrator's identity and the electronic activities carried out. Expert statements have an important function in explaining the fulfillment of the element "intentionally and without rights" as regulated in Article 27 paragraph (1) in conjunction with Article 45 paragraph (1) of the ITE Law, thereby strengthening the judge's belief in the validity of electronic evidence. The perpetrator's criminal liability is not only based on ownership of a social media account, but also on the investigator's ability to prove control of the account, use of electronic devices, a causal relationship between the perpetrator's actions and the distribution of content, and the existence of intent in distributing electronic information containing morality.
Co-Authors Ade Zamrah Ahmad Redi Zainal Arifin Hoesein