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CRIMINAL LIABILITY FOR MISUSE OF ARTIFICIAL INTELLIGENCE TECHNOLOGY (ARTIFICIAL INTELLIGENCE/AI) IN THE PERSPECTIVE OF THE NATIONAL CRIMINAL CODE Agus Siagian; Erniyanti; Irpan Husein; Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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The development of Artificial Intelligence (AI) technology has provided significant benefits across various sectors; however, it has also led to various forms of misuse, including deepfakes, digital fraud, data manipulation, and cybercrime. The regulation of criminal liability for AI misuse in Indonesia is currently based on the Indonesian Criminal Code (KUHP), Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions, as well as other relevant laws and regulations. Its implementation still faces several challenges, including the absence of specific legal provisions, difficulties in digital evidence, and the determination of the responsible legal subject. Therefore, strengthening legal regulations and developing adaptive criminal law policies are essential. This study aims to analyze the legal framework, implementation, challenges, and solutions concerning criminal liability for the misuse of Artificial Intelligence from the perspective of the Indonesian Criminal Code. This study employs the theories of Criminal Liability, Legal Certainty, and Law Enforcement as the analytical framework. The conceptual framework encompasses criminal liability, the misuse of Artificial Intelligence, and the Indonesian Criminal Code. This research applies a normative legal research method using statutory, conceptual, and case approaches. The study relies on secondary data consisting of primary, secondary, and tertiary legal materials, which are analyzed qualitatively. The findings indicate that the current legal framework governing criminal liability for AI misuse has not yet provided adequate legal certainty, resulting in challenges related to evidence and the determination of responsible parties. The novelty of this research lies in the development of a criminal liability concept that integrates the principles of fault, accountability of AI developers, providers, and users as part of the reform of Indonesia’s national criminal law. This study concludes that the regulation of criminal liability for the misuse of Artificial Intelligence should be strengthened to accommodate technological advancements while ensuring legal certainty. It recommends the enactment of specific AI regulations, harmonization with the Indonesian Criminal Code, and the enhancement of law enforcement capacity in addressing AI-related crimes.

OPTIMIZING CRIMINAL IMMIGRATION LAW ENFORCEMENT AGAINST INDONESIAN CITIZENS PROVIDING FALSE INFORMATION DURING INTERNATIONAL DEPARTURE PROCEDURES: A STUDY AT BATAM PORT Irpan Husein; Erniyanti; Agus Siagian; Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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The departure of Indonesian citizens (WNI) abroad through Batam Port must comply with immigration regulations, including the obligation to provide truthful information during the immigration inspection process. Law Number 6 of 2011 concerning Immigration, as amended several times, most recently by Law Number 63 of 2024, as well as Law Number 1 of 2023 concerning the Criminal Code and implementing regulations in the field of immigration, constitutes the legal framework for this research. Providing false information during the departure process may hinder the implementation of immigration supervision and, if the elements of a criminal offense are fulfilled, may result in criminal liability. This research aims to analyze the legal regulation, implementation, obstacles, and solutions related to criminal immigration law enforcement. This research analyzes several legal theories based on the views of legal scholars. It employs an empirical legal research method using statutory, conceptual, and sociological approaches. Data were obtained through literature studies and field research concerning the implementation of immigration inspection and supervision. The data were analyzed qualitatively to determine the conformity between statutory provisions and the practice of law enforcement at Batam Port. The results show that law enforcement against Indonesian citizens who provide false information is based on immigration and criminal law provisions, subject to the fulfillment of the elements of a criminal offense. The implementation of law enforcement at Batam Port is conducted through the examination of travel documents, identity, purpose of departure, and clarification of inconsistent information. The obstacles identified include difficulties in proving the element of intent, limitations and suboptimal integration of data, differences in understanding in determining the legal qualification of the conduct, and inadequate coordination among relevant agencies. This research concludes that criminal immigration law enforcement has a legal basis; however, its implementation still requires optimization in the aspects of inspection, evidence, data integration, and inter-agency coordination. Law enforcement must be conducted based on the fulfillment of the elements of a criminal offense while maintaining a distinction between administrative violations and criminal offenses. Optimization is necessary to achieve effective and proportionate law enforcement, provide legal certainty, and strengthen the function of immigration supervision in the process of Indonesian citizens leaving abroad.

RECONSTRUCTION OF THE AUTHORITY OF THE REGIONAL SUPERVISORY COUNCIL IN ENFORCING THE LAW ON VIOLATIONS OF THE NOTARIAL OFFICE TO ENSURE LEGAL CERTAINTY AND ENHANCE NOTARIAL PROFESSIONALISM ( A STUDY IN BATAM CITY ) Erniyanti; Putri Andini; Markus Gunawan; Agus Siagian; Irpan Husein
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22121691

This research is motivated by the suboptimal authority of the Regional Supervisory Council (Regional Supervisory Council/MPD) in enforcing the law against violations of the notarial office, which affects legal certainty and the professionalism of notaries. The legal framework governing notarial supervision is regulated under Law Number 2 of 2014 concerning the Amendment to Law Number 30 of 2004 on the Office of Notary and Regulation of the Ministry of Law and Human Rights Number 15 of 2020 concerning Procedures for Examination by the Notary Supervisory Council. In practice, the MPD still faces limitations in authority, institutional coordination, and supervisory effectiveness. This study aims to analyze the legal framework, implementation, obstacles, and reconstruction of the MPD's authority in law enforcement against violations of the notarial office in Batam City.This research employs the theories of the rule of law, authority, legal certainty, and law enforcement. It uses an empirical legal research method with statutory, conceptual, and sociological approaches. Data were collected through library research and interviews and were analyzed qualitatively. The findings indicate that the existing legal framework governing the MPD's authority has not fully supported effective law enforcement. Although supervision in Batam City has been implemented, it remains constrained by limited authority, weak institutional coordination, and ineffective follow-up on examination results. The reconstruction of the MPD's authority is therefore necessary through regulatory reform, stronger institutional coordination, capacity building for supervisors, and the utilization of technology in the supervisory system. The study concludes that reconstructing the MPD's authority is essential to strengthen law enforcement against violations of the notarial office, thus enhancing legal certainty and notarial professionalism. It is recommended that the government improve the existing regulatory framework and strengthen institutional and supervisory mechanisms to enhance the effectiveness of the MPD's functions.

CRIMINALIZATION AND CRIMINAL LAW ENFORCEMENT OF CROSS-BORDER NARCOTICS TRAFFICKING AS MARITIME TRANSNATIONAL ORGANIZED CRIME IN THE WATERS OF THE RIAU ISLANDS Erniyanti; Irpan Husein; Soerya Respationo; Agus Siagian; Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

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The geopolitical position of the Riau Islands Province along major international shipping routes makes its territorial waters vulnerable to being exploited as a major corridor for Maritime Transnational Organized Crime (MTOC) involving illicit narcotics trafficking. This study aims to analyze the legal qualifications and formulation of the criminalization of MTOC-based cross-border narcotics trafficking under Indonesian criminal law, as well as to evaluate the effectiveness and obstacles of criminal law enforcement and maritime interdiction in the waters of the Riau Islands. This research employs a combined normative-empirical legal research method (doctrinal-empirical legal research) using statutory, conceptual, and case approaches. Secondary data, consisting of legislation and court decisions, are complemented by primary data obtained through in-depth interviews with the National Narcotics Agency of the Riau Islands Province (BNNP Riau Islands), the Water and Air Police Directorate (Polairud), the Indonesian Navy, the Directorate General of Customs and Excise, and legal academics. The findings indicate that, substantively, Law Number 35 of 2009 on Narcotics and the New Criminal Code under Law Number 1 of 2023 have accommodated the extension of extraterritorial jurisdiction and corporate criminal liability. However, law enforcement at sea remains constrained by criminal procedural law that is predominantly land-centric. Operational obstacles include the lack of clarity in maritime criminal procedures, particularly concerning the chain of custody and digital evidence; inter-agency jurisdictional friction and overlapping authorities; limited maritime surveillance and radar technology; and the socio-economic vulnerability of local fishermen who may be exploited as coastal couriers. This study recommends the formulation of a specific maritime criminal procedural framework (lex specialis), the establishment of a single agency command mechanism, modernization of maritime surveillance technology, and the strengthening of economic empowerment programs for coastal communities.

LEGAL ANALYSIS OF JUDICIAL ASSESSMENT OF NOTARY'S RESPONSIBILITY IN AUTHENTIC DEED DISPUTES IN CRIMINAL COURTS (RESEARCH STUDY OF DECISION NUMBER 1/PID.B/2026/PN.JTH) Aminul Haqqi; Markus Gunawan; Agus Siagian; Titik Aminah; Irpan Husein; Mania H
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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A notary is a public official authorized by the state to create authentic deeds as evidence with absolute probative force. In practice, authentic deeds serve not only as evidence in civil cases but can also be used as evidence in criminal cases if there is a suspected criminal act related to their creation. This situation places the notary at risk of criminal liability, necessitating a judicial assessment by a judge to determine whether or not the notary was involved based on the trial facts, evidence, and applicable legal provisions. This research examines three problem formulations, namely regarding legal regulations regarding judicial assessment of notary responsibility in authentic deed disputes in criminal courts, how to implement judicial assessment of notary responsibility in authentic deed disputes in criminal courts, and what are the obstacles and solutions to judicial assessment of notary responsibility in authentic deed disputes in criminal courts. This study uses a normative-empirical legal research method with a statutory, conceptual, case study, historical, and comparative approach. The data used consists of primary data obtained through interviews and secondary data obtained through literature review of laws and regulations, court decisions, books, and scientific journals. The results of the study indicate that the legal regulations regarding the judicial assessment of notary liability in disputes over authentic deeds in criminal courts are the application of various interrelated legal provisions, including the UUJN, the Criminal Code, the Civil Code, and the UUKK. The implementation of judicial assessment in Decision Number 1/Pid.B/2026/PN.JTH shows that judges assess the notary's criminal liability based on the overall facts of the trial, evidence, and the fulfillment of the elements of the crime, so that criminal liability is not based solely on the notary's position or the existence of an authentic deed. The obstacles found are mainly related to the complexity of proof involving aspects of criminal law and notarial law. Therefore, it is necessary to improve regulations related to the position of notary and the enforcement of criminal law, as well as the development of academic studies on notary criminal liability to support the creation of legal certainty, justice, and legal benefits.

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