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Journal : Humaniorum Journal

Penerapan Undang-Undang Perlindungan Anak dalam Mengamankan Data Pribadi Anak yang Berkonflik dengan Hukum di Era Digital Faloygama, Gordianus Pradino; Cahyo, Cahyo
HUMANIORUM Vol 3 No 3 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i3.103

Abstract

The protection of children's personal data in cyberspace has become an increasingly important issue with the rapid advancement of digital technology. In Indonesia, the Child Protection Law (UUPA) aims to provide protection for children, including their personal data. However, the effectiveness of implementing this law to safeguard children’s personal data in conflicts with the law in the digital era faces various challenges. The first research question examines the effectiveness of the implementation of UUPA in protecting children's personal data, while the second question addresses focused on how to protect children personal data based on implementation of the law. The discussion reveals that the main challenges include a lack of understanding about the importance of protecting children's personal data, digital literacy disparities, weak supervision of digital platforms, and limited enforcement of cybercrimes. Moreover, cross-border legal issues and the lack of readiness of law enforcement officials in handling cybercrimes involving children exacerbate the protection of children's personal data. The recommendations include enhancing digital literacy, strengthening regulations, and fostering collaboration between the government, private sector, and society to create a safer online environment for children.
Penanganan Perkara Penggunaan Senjata Tajam oleh Terdakwa yang Diduga Mengalami Gangguan Jiwa (Analisis Putusan Nomor 160/Pid.Sus/2022/PN Sbs) Latifa, Nisrina Meidi; Cahyo, Cahyo
HUMANIORUM Vol 4 No 1 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i1.158

Abstract

This study examines the investigation of perpetrators of sharp weapon abuse suspected of having mental disorders, focusing on the role of psychiatric testimony in influencing the judge’s decision in the Sumbawa Besar District Court Decision No. 160/Pid.Sus/2022/PN Sbs. While the abuse of sharp weapons fulfills the criminal elements under Emergency Law No. 12 of 1951, the criminal sanction depends on the defendant's ability to be held responsible, as stated in Article 44 of the Criminal Code and the principle of geen straf zonder schuld (no punishment without guilt). This study uses a normative juridical method with a legislative and case law approach, analyzed descriptively and analytically. The results show that during the investigation, the perpetrator’s psychiatric condition was not considered, and psychiatric examination only became significant during the trial stage. The psychiatrist’s testimony played a crucial role in evaluating the defendant’s responsibility and the application of Article 44 of the Criminal Code by the judge. This study highlights the importance of conducting psychiatric examinations carefully from the investigation stage to ensure substantive justice, the effectiveness of the criminal justice process, and the protection of human rights.