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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) IURIS NOTITIA : JURNAL ILMU HUKUM
Hafina Haula Arsy
Universitas Indonesia
Law, Crime, Criminology & Criminal Justice

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Bahasa Inggris Hafina Haula Arsy; Hadi Rahmat Purnama
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i2.2044

Abstract

Generative artificial intelligence (AI) has created new forms of child sexual abuse material that challenge existing child protection and cybercrime frameworks. This study explores the extent to which the national legal framework can address AI-generated child sexual abuse material (AI-CSAM), including semi-synthetic and fully synthetic materials. It also evaluates whether the state has fulfilled its obligations to protect children’s rights, as a component of human rights, in digital environments. This study employed a doctrinal legal research methodology, utilizing statutory and conceptual approaches. The analysis is grounded in a human rights-based approach and the theory of state obligations, with a focus on four principles of state obligation in the context of children’s rights protection: non-discrimination, the best interests of the child, participation, accountability, and the duties to respect, protect, and fulfill children’s rights. The study finds that existing legal frameworks function in a fragmented and insufficiently responsive manner to the technological characteristics of AI-generated abuse materials, particularly deepfake manipulation, prompt-based generation, synthetic victims, the abuse of datasets, and the legal obligations of digital platforms and AI developers. The state’s obligations remain only partially fulfilled due to inadequate procedures for handling digital evidence, preventing revictimization, regulating corporate responsibility, facilitating child-friendly mechanism for content reporting and removal, supporting victim recovery, coordinating institutions, and strengthening AI-specific enforcement capacity. This study conceptualizes AI-CSAM as a distinct form of technology-enabled sexual exploitation, extending beyond conventional online abuse and deepfake cases. The study argues that a more explicit, child-centered, and preventive legal framework is necessary to ensure effective protection, reporting, content removal, accountability, and recovery.
Limits on the Application of the Right to Be Forgotten to Criminal Records on Public Interest Grounds in Indonesia Ayu Riska Amalia; Atika Zahra Nirmala; Zahratul ‘Ain Taufik; Hafina Haula Arsy
IURIS NOTITIA : JURNAL ILMU HUKUM Vol. 4 No. 2 (2026): Oktober 2026
Publisher : Ninety Media Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69916/iuris.v4i2.627

Abstract

The persistence of online criminal records creates tension between privacy and rehabilitation and the competing interests of freedom of expression, press freedom, and public access to information. This study examines the sub-stantive and procedural limits of applying the right to be forgotten (RTBF) to criminal records in Indonesia. It employs normative legal research using statutory, conceptual, case, and limited comparative approaches. Legal ma-terials are analysed qualitatively and prescriptively through grammatical, systematic, and teleological interpretation, supported by a proportionality test. The findings reveal that Indonesia’s legal framework, comprising the Electronic Information and Transactions Law, Government Regulation No. 71 of 2019, and the Personal Data Protection Law,lacks comprehensive criteria for determining when criminal records become irrelevant or when public interest justifies their continued accessibility. This regulatory gap risks inconsistent decisions and insufficient consideration of affected parties. The study argues that RTBF is not an absolute entitlement to erase historical information but requires con-textual assessment of accuracy, legal status, offence seriousness, elapsed time, rehabilitation, the data subject’s public or professional role, victims’ interests, risks to vulnerable groups, and journalistic, scientific, and historical value.Its principal contribution is a graduated remedial framework prioritising correction, updating, anonymisation, access restriction, and de-indexing before source deletion. The study further proposes procedurally fair judicial proceedings that enable affected parties to participate and require transparent proportionality reasoning. These proposals provide normative guidance for reconciling privacy protection and social reintegration with freedom of expression and legitimate public interest in Indonesia’s digital environmen
Co-Authors Atika Zahra Nirmala Ayu Riska Amalia Hadi Rahmat Purnama, Hadi Rahmat Zahratul ‘Ain Taufik