Arini Salsabila
Faculty of Law, Universitas Negeri Semarang

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

Found 2 Documents
Search

Reassessing Doli Incapax in the Digital Age: Implications for Juvenile Victims Arini Salsabila; Anis Widyawati
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 1 (2026): Development Law and Social Engineering
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i1.49298

Abstract

Advances in digital technology have fundamentally transformed the nature of crimes involving children, while Indonesia’s juvenile criminal justice system continues to rely on the doctrine of doli incapax, a concept developed long before the emergence of the digital age. This article examines the contemporary relevance of the doli incapax doctrine, evaluates the inconsistency of age-based criminal responsibility under Law No. 11 of 2012 on the Juvenile Criminal Justice System, and proposes a normative framework that balances the protection of juvenile offenders with substantive justice for victims. This study employs normative legal research using statutory, comparative, and conceptual approaches. The findings demonstrate that intensive exposure to digital environments has generated a cognitive–moral gap, in which children’s digital literacy and cognitive capabilities often exceed age-based assumptions underlying the doli incapax doctrine, while their moral judgment and emotional maturity remain underdeveloped. Consequently, the doctrine’s traditional presumption regarding children’s incapacity to understand the consequences of their actions becomes increasingly problematic in the digital context. Furthermore, the uniform age threshold adopted by the Juvenile Criminal Justice System Law may systematically contribute to secondary victimization by limiting accountability mechanisms in cases involving serious harm. This article argues that reform is required through the adoption of a tiered accountability model based on rebuttable presumptions, the enhancement of victim restitution mechanisms, the establishment of special diversion rules for juvenile recidivists, the harmonization of juvenile justice regulations with digital governance frameworks, and the development of child forensic psychology infrastructure as a prerequisite for effective implementation. These reforms are necessary to ensure that juvenile justice remains responsive to technological developments while maintaining a fair balance between child protection and victims’ rights.
Access to Justice for Deepfake Victims in Indonesia: A Normative Analysis of Privacy Rights Protection Arini Salsabila; Ali Masyhar Mursyid
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 3 (2026): Contemporary Issues in Legal Education and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i3.63169

Abstract

Deepfake technology poses growing threats to privacy and personal dignity in Indonesia, particularly through the creation and dissemination of non-consensual synthetic intimate imagery. This study examines the extent to which Indonesia’s legal framework facilitates or constrains access to justice for victims of such practices and identifies the normative, procedural, institutional, and sociocultural barriers to effective legal protection. Employing normative legal research with statutory and conceptual approaches, the study analyzes primary and secondary legal materials, institutional reports, and selected comparative legal sources. The analysis draws primarily on the Access to Justice framework, complemented by Satjipto Rahardjo’s Progressive Law theory to assess how existing legal provisions can be interpreted responsively to technological developments. The findings indicate that Indonesian law provides partial protection through the Electronic Information and Transactions Law, the Sexual Violence Crimes Law, the Personal Data Protection Law, the Pornography Law, and the new Criminal Code. However, these legal instruments remain fragmented and do not adequately address the specific challenges associated with the creation, identity misuse, and dissemination of synthetic intimate imagery. In particular, gaps in legal characterization, procedural mechanisms, digital evidence management, and institutional coordination may impede victims’ access to effective remedies. This study proposes a victim-centred interim framework encompassing prompt content removal, privacy restoration, accessible reporting mechanisms, reliable digital evidence preservation, and enhanced institutional capacity. These measures should be complemented by legislative reform that expressly addresses deepfake-related harms and clarifies the responsibilities of digital platforms. Comparative experiences from South Korea, the United Kingdom, and Australia are examined selectively to identify regulatory approaches that may be adapted to Indonesia’s legal and institutional context. The study contributes to the development of a more coherent and responsive legal framework for protecting deepfake victims and strengthening access to justice in Indonesia.