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All Journal Jurnal Greenation Sosial dan Politik Greenation International Journal of Law and Social Sciences
Bambang Soesatyo
Universitas Borobudur, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Problems of Cyber Law Enforcement Against Cyber Crimes Using Virtual Private Network Technology in Indonesia Teguh Nugroho; Bambang Soesatyo
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.492

Abstract

The development of information technology has brought significant changes in digital activities, including the use of Virtual Private Networks (VPNs), which, on the one hand, are used to protect user privacy but, on the other hand, have significant potential for misuse in cybercrime. VPNs allow perpetrators to disguise their identities, obscure their digital footprints, and illegally access systems using encryption and IP masking techniques, complicating law enforcement. This study aims to examine the issues of law enforcement against cybercrime using VPNs in Indonesia, highlighting aspects of substance, structure, and legal culture. From a substantive aspect, existing regulations such as Law Number 1 of 2024 concerning the Second Amendment to the ITE Law, Law Number 27 of 2022 concerning Personal Data Protection, and the new Criminal Code (Law Number 1 of 2023) do not explicitly regulate the use of VPNs, creating a legal vacuum. From a structural aspect, law enforcement officials face limited technical capacity and digital forensic equipment, as well as suboptimal coordination between institutions such as the Indonesian National Police (Polri), the National Cyber ??and Information Technology Agency (BSSN), and the Ministry of Communication and Informatics. From a cultural perspective, low public awareness of the risks of VPN misuse and the dilemma between privacy protection and national security pose particular challenges. This study emphasizes the importance of regulatory revisions, increased law enforcement capacity, international cooperation, and public education so that VPNs can be used for their intended purpose without becoming a vehicle for cybercrime.
Artificial Intelligence Governance in Public Services to Accelerate Poverty Alleviation: Accountability Model and Oversight Mechanism for Indonesia Tedi Supardi Muslih; Bambang Soesatyo
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.519

Abstract

Background: Indonesian public administration is accelerating the use of artificial intelligence (AI) to improve social protection targeting. The legal and digital governance foundations are in place through SPBE and Satu Data regulations, complemented by the Data Protection Law, Public Information Law, and the PSTE regulation. Recent policy integrates Regsosek, DTKS and P3KE into a single national data basis (DTSEN) for beneficiary determination. Objective: This paper proposes an operational model of algorithmic accountability and multi?layer oversight for AI used in public services to accelerate poverty alleviation while protecting fundamental rights. Methods: A normative?doctrinal approach augmented by a targeted socio?legal case mapping is used, combining legal gap analysis and design?science techniques. The model is benchmarked against global practices (EU AI Act and FRIA, Canada’s AIA/DADM, the Netherlands’ Algorithm Register, the UK ATRS, and NIST AI RMF). Results: We outline a three?stage governance architecture—ex ante (mandatory AIA+FRIA for high?risk systems; legality, data quality and bias testing), in?process (human?in?the?loop at decision thresholds; logging/versioning; explainability), and ex post (reason?giving and appeal; algorithm register; periodic audits)—tightly linked to SPBE/Satu Data controls and the DTSEN pipeline. During the transition to a full PDP authority, external oversight is bridged by the Ombudsman and the Information Commission. Conclusion: The proposed model operationalizes administrative due process for AI?assisted decisions, strengthens transparency and accountability, and is expected to reduce inclusion/exclusion errors and improve exit and persistence rates above the poverty line. A 12?month implementation roadmap and measurable indicators are provided.
The Urgency of Asset Confiscation Results of Corruption and Criminal Acts Money Laundering: Solutions to Eradicate Corruption and Reform of National Laws Bambang Soesatyo
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.531

Abstract

Corruption and money laundering erode economic welfare and public trust, while asset recovery in Indonesia remains constrained by a fragmented, conviction-centric legal framework. This study analyzes the positive law governing confiscation of proceeds of corruption and money laundering, identifies normative and practical gaps, and assesses the urgency of adopting a dedicated Asset Forfeiture Law—particularly the introduction of non-conviction-based (NCB) asset forfeiture. Using normative (doctrinal) legal research with conceptual and comparative approaches, supported by illustrative cases, the paper finds three core problems: (1) reliance on criminal convictions impedes confiscation when defendants abscond, die, or proceedings stall; (2) regulatory disharmony and weak inter-agency coordination undermine tracing, freezing, and asset management; and (3) insufficient rules on standards of proof and governance of confiscated assets. Comparative evidence shows that NCB regimes with due-process safeguards, civil standards of proof, and specialized fora improve recovery outcomes and align with UNCAC and FATF recommendations. The study recommends enacting an Asset Forfeiture Law with robust human-rights guardrails, establishing an integrated cross-agency asset recovery unit, strengthening mutual legal assistance and international cooperation, and digitizing asset management to ensure accountability. Implementing NCB in Indonesia is both urgent and feasible to accelerate restitution of state losses, enhance deterrence, and reinforce legal-system integrity.
The Absence of a Legal Protection Mechanism for Concurrent Creditors in the Distribution of Bankrupt Assets in Indonesia Kristofer Oscar; Bambang Soesatyo
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.537

Abstract

Concurrent creditors are the weakest party in the Indonesian bankruptcy system. According to Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, secured and preferred creditors are given priority when it comes to the distribution of bankruptcy assets, or the bankruptcy estate, while concurrent creditors only get the remaining assets after both groups have been satisfied. This condition creates inequality and injustice in the fulfillment of creditors' rights, because there is no legal protection mechanism that specifically guarantees the interests of concurrent creditors. Articles 1131 and 1132 of the Civil Code regulate the principle of paritas creditorum, namely equality among creditors, but its implementation is not reflected in the practice of bankruptcy estate settlement. This study aims to analyze the legal position of concurrent creditors, identify the absence of a protection mechanism in the Indonesian bankruptcy system, and propose a concept for a more equitable legal reformulation. Using a normative legal approach and analyzing laws and regulations and commercial court decisions, the research findings indicate that Law No. 37 of 2004 does not guarantee substantive justice for unsecured creditors. Therefore, legal reforms are needed to regulate preventive and repressive protection mechanisms so that unsecured creditors' rights can be proportionally protected in bankruptcy proceedings.
New Directions for Criminal Law Politics Post-National Criminal Code Law: Between Restorative and Retributive Justice M. Sirot; Bambang Soesatyo
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.581

Abstract

The enactment of Law Number 1 of 2023 concerning the National Criminal Code (KUHP) marks a historic moment in Indonesian criminal law politics. This regulation represents a "decolonial" effort to replace the Dutch-inherited Criminal Code (Wetboek van Strafrecht) with a criminal law system rooted in the Pancasila philosophy and Indonesian values. The most fundamental change lies in the shift in the sentencing paradigm, from one originally oriented towards retributive justice (retribution) to an approach that balances corrective, rehabilitative, and restorative justice. This new approach aims to redefine the relationship between the state, perpetrators, and victims, with a focus on recovery. This study aims to analyze the new direction of Indonesian criminal law politics following the enactment of the National Criminal Code, conceptually comparing the principles of retributive justice in the old Criminal Code with the restorative justice approach in the new Criminal Code, and identifying implementation challenges in this transitional sentencing paradigm. This study uses a normative juridical method. Using a legislative and historical approach, a comparative analysis of the philosophy, principles, and norms of punishment contained in the old Criminal Code and Law No. 1 of 2023 was conducted to map the transformation of criminal law policy. It was found that the National Criminal Code explicitly abandons the philosophy of lex talionis and adopts a more humanistic goal of punishment, reflected in the criminal provisions and actions. Restorative justice is positioned as a complement to the conventional justice system, emphasizing the restoration of victims' losses and the social reintegration of perpetrators, rather than as a complete substitute for retributive justice. This creates a constructive tension, requiring law enforcement officials to make contextual choices between punitive and restorative approaches, rather than adopting a single approach. The greatest challenge lies not in the legal text, but in changing the culture and paradigm of law enforcement officials who have long been accustomed to a retributive system. The National Criminal Code inaugurates a more progressive criminal law policy by placing restorative justice as one of its main pillars. However, its successful implementation depends heavily on cultural transformation within law enforcement. It is recommended that the government prioritize a massive, ongoing socialization and training program for judges, prosecutors, and police to internalize this new paradigm, and encourage legal education institutions to reform their curricula.
Corporate Governance in the Digital Economy and ESG (Environmental, Social, and Governance) Principles Soffa Marwa; Bambang Soesatyo
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.582

Abstract

The rapid growth of the digital economy demands fundamental transformation in corporate governance (GCG), which no longer focuses solely on financial performance, but also on the integration of sustainability principles. Demands from investors and global stakeholders are encouraging companies in Indonesia to adopt an Environmental, Social, and Governance (ESG) framework as an integral part of their business strategy. Digital transformation plays a significant moderating role, where technologies such as the Internet of Things (IoT) and artificial intelligence (AI) can accelerate ESG implementation and improve risk management accuracy. However, the Financial Services Authority (OJK) has identified major challenges in its implementation, particularly the limited availability of competent human resources and reliable data, which risks reducing ESG reporting to a mere formality. This study aims to analyse the integration model between GCG and ESG principles in the context of Indonesia's digital economy, identify the role of digital transformation in strengthening the impact of ESG on company performance, and examine regulatory challenges and the role of the OJK in promoting substantive ESG implementation. This study uses a normative juridical method. The analysis focuses on relevant regulatory frameworks, such as OJK Regulation (POJK) No. 51/2017 on Sustainable Finance, as well as a conceptual approach to examining the synergy between GCG theory and ESG principles in the digital era. It was found that the synergy between ESG and GCG significantly improves reputation, resilience, and investor confidence. Digital technology has been proven to increase operational efficiency and risk mitigation in ESG management by 30-60%. The role of the board of directors is crucial in driving ESG performance. However, implementation in Indonesia is still top-down and oriented towards compliance with OJK regulations, while the internal capacity of companies, including human resources and data infrastructure, is not yet fully adequate. The convergence of the digital economy and ESG is shaping a new paradigm of techno-ethical governance. However, its success depends on addressing capacity challenges. It is recommended that regulators such as the OJK shift from merely requiring reporting to facilitating HR capacity building and data standardisation. Companies need to invest strategically in digital technology and talent development to ensure authentic and impactful ESG implementation.
Co-Authors Kristofer Oscar M. Sirot Soffa Marwa Tedi Supardi Muslih Teguh Nugroho