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All Journal Jurnal Riset Multidisiplin Edukasi
Selamat Lumban Gaol
Program Studi Strata Satu (S-1) Ilmu Hukum Fakultas Hukum, Universitas Dirgantara Marsekal Suryadarma
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Kebijakan Hukum Pidana dalam Menghadapi Tindak Pidana Siber Berbasis Kecerdasan Buatan (AI Crime) di Indonesia Muhammad Faska Setianda; Selamat Lumban Gaol
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 9 (2026): Jurnal Riset Multidisiplin Edukasi (September 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i9.2570

Abstract

The rapid development of artificial intelligence (AI) technology has transformed various sectors of life, yet it has also given rise to new threats in the form of AI-based cybercrime that are complex and difficult to detect. This phenomenon is characterized by the emergence of cases such as deepfakes for identity fraud, personalized phishing, and autonomous cyberattacks that exploit machine learning algorithms. Indonesia, as a state based on law, faces serious challenges in combating these crimes due to normative gaps in existing legislation. Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) and its amendments, as well as Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), have not specifically regulated criminal acts that utilize artificial intelligence. This article examines the regulation of AI-based cybercrime in Indonesian positive law and formulates an ideal criminal law policy model through a normative approach with analysis of legislation, concepts, and cases. The research finds that criminal policy reformulation is needed at three stages: legislative policy with the formulation of new offenses that accommodate AI characteristics, applicative policy with strengthening the technical capacity of law enforcement officials, and executive policy with a punishment system oriented toward prevention. The criminal law approach needs to align with the utilitarian theory of punishment and adopt principles from international regulations such as the EU AI Act, while still adapting to the national legal context and Pancasila values.
ANALISIS YURIDIS TINDAK PIDANA KORUPSI DALAM PENGELOLAAN DANA DESA DI INDONESIA Jauzi Muhammad Febriansyah Rangkuti; Selamat Lumban Gaol
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 9 (2026): Jurnal Riset Multidisiplin Edukasi (September 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i9.2572

Abstract

This research aims to analyze the legal regulation of corruption crimes in the management of Village Funds in Indonesia and the criminal liability of perpetrators. Using normative legal research methods with statutory, conceptual, and case approaches, this study examines the dualism of corruption crime regulation under Law Number 31 of 1999 as amended by Law Number 20 of 2001 and Law Number 1 of 2023 concerning the Criminal Code (KUHP). The results show that the management of Village Funds has become a vulnerable sector for corruption, with modus operandi including budget mark-ups, fictitious projects, and volume inflation. Criminal liability for village officials can be imposed through formal and material offenses, with sanctions in the form of imprisonment, fines, and compensation for state losses. The existence of dual regulation between the Anti-Corruption Law and the new KUHP creates legal uncertainty in law enforcement, requiring a harmonious interpretation to ensure justice and legal certainty in eradicating corruption in village fund management.
PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA RINGAN Gloryus Immanuel Wijaya Baiin; Selamat Lumban Gaol
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 9 (2026): Jurnal Riset Multidisiplin Edukasi (September 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i9.2585

Abstract

The criminal justice system in Indonesia has traditionally focused on a retributive approach that prioritizes punishment, often neglecting victim recovery and social harmony. This normative legal research examines the application of restorative justice in resolving minor criminal offenses in Indonesia. The study employs statutory, conceptual, and case approaches, utilizing primary legal materials including the Criminal Procedure Code (Law Number 20 of 2025), Supreme Court Regulation Number 1 of 2024, Police Regulation Number 8 of 2021, and Prosecutor Regulation Number 15 of 2020, as well as secondary sources and court decisions, including District Court Rembang Decision Number 10/Pid.C/2025/PN Rbg and District Court Tanjung Selor Decision Number 72/Pid.Sus/2025/PN Tjs. The findings reveal that while Indonesia has established a comprehensive legal framework for restorative justice, its implementation in judicial practice faces challenges such as inconsistent judicial interpretation, lack of standardized objective criteria, limited understanding among law enforcement officials, and concerns about potential abuse of authority. Data shows that only 2.80% of judges explicitly cite Supreme Court Regulation Number 1 of 2024 in their decisions, despite 3,353 cases using restorative approaches in 2025. The research concludes that optimizing restorative justice requires strengthening legal education, developing clear and measurable guidelines, enhancing coordination among law enforcement institutions, and improving public awareness to support voluntary participation in restorative processes. A balanced approach between punishment and restoration is essential to achieve substantive justice for victims, perpetrators, and society.
Co-Authors Gloryus Immanuel Wijaya Baiin Jauzi Muhammad Febriansyah Rangkuti Muhammad Faska Setianda