Bayu Sujadmiko
Faculty of Law, University of Lampung, Indonesia

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Gaps in Cybersecurity Standards and the Evidentiary Weight of Electronic Mortgage Certificates: A Creditor Protection Perspective Thyrafi Amelia Putri; Bayu Sujadmiko; Ahmad Zazili; Rohaini; Yennie Agustin MR
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12778

Abstract

The digital transformation of land services through the Electronic Mortgage Certificate (HT-El) policy faces two fundamental juridical challenges that have not received adequate attention in existing regulations: the legal vacuum of cybersecurity norms and the dualism in evidentiary value. This research aims to (1) identify and analyze the vacuum of cybersecurity norms in HT-El services to formulate an appropriate liability concept, and (2) analyze the evidentiary value of HT-El Certificates in court execution processes and its implications for creditors' legal certainty. This study employs a normative legal research method utilizing conceptual, statutory, and comparative approaches. The findings reveal that: (1) there is a legal vacuum (rechtsvacuum) in HT-El regulations regarding minimum security standards, liability mechanisms for system failures and hacking, and data recovery procedures, thus requiring the application of the strict liability principle for Electronic System Providers; (2) the evidentiary value of HT-El Certificates faces a dualism between normative recognition under the Information and Electronic Transactions (ITE) Law and material obstacles due to the lack of harmonization with the Notary Public Office Law and the civil procedural law system, which potentially undermines creditors' legal certainty. This research recommends the issuance of a Supreme Court Regulation on electronic document evidence, the revision of the Notary Public Office Law to accommodate cyber notaries, and the formulation of technical cybersecurity standards by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN).
Legal Challenges Regarding Deepfakes in the Forgery of Electronic Ratu Sakinatun Najah; I Gede AB Wiranata; Kasmawati; Bayu Sujadmiko; Sepriyadi Adhan S
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12783

Abstract

The development of artificial intelligence (AI) technology has given rise to a new threat in the legal sphere, namely deepfakes. The emergence of deepfake technology as a sophisticated form of digital forgery poses serious legal challenges, particularly regarding the position of electronic evidence in the judicial process. This technology enables the creation of electronic evidence—such as audio, images, or videos—that appears highly authentic yet is entirely fabricated or manipulated. This study aims to analyze the legal challenges posed by deepfakes concerning the validity and verifiability of electronic evidence within the justice system. Employing a normative legal research method with statutory and conceptual approaches, the findings indicate that deepfakes generate complex legal challenges. These primarily concern: (1) Authenticity and Integrity Aspects, where the boundary between genuine and fabricated evidence becomes blurred; (2) Evidentiary Aspects, particularly in meeting statutory standards for valid electronic evidence; and (3) Procedural Law Aspects, manifesting in the difficulties faced by judges and litigating parties in examining the authenticity of deepfake evidence in court. This research concludes that the existing legal framework, including the Information and Electronic Transactions (ITE) Law, remains inadequately equipped to address the vulnerabilities exploited by deepfake technology. Therefore, strengthening regulations, establishing technical standards for digital forensic verification, and enhancing the capacity of law enforcement agencies are imperative to confront these challenges.