Ahmad, Dwi Nur Fauziah
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ANALYSIS OF THE EXPANSION OF THE PRINCIPLE OF LEGALITY IN RENEWING CRIMINAL LAW Fadilah, Ahmad Arif; Ahmad, Dwi Nur Fauziah
Domus Legalis Cogitatio Vol 1 No 1 (2024): Domus Legalis Cogitatio Vol 1 No 1 April 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i1.7640

Abstract

The principle of legality is the most basic principle in the application of material criminal law. The principle of legality adhered to in Indonesian criminal law was originally the principle of formal legality. Meanwhile, in the renewal of criminal law embodied in the National Criminal Code, the principle of legality adopted also includes the principle of material legality. This article aims to analyze the expansion of the legality principle in the renewal of Indonesian criminal law and understand the meaning of the expansion of the legality principle. This article was written using a normative legal research method with a statutory approach. The result of this study is that the expansion of the legality principle in criminal law renewal is an effort to balance the fulfillment of legal objectives between legal certainty in the formal legality principle and justice in the material legality principle.
Digital Safety for Women and Children: Legal and Policy Challenges Indonesia, Philippines, and Thailand Ahmad, Dwi Nur Fauziah; Smith, Nucharee Nuchkoom
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.16539

Abstract

This study explores the legal protections against online sexual exploitation of children and online gender-based violence (OGBV) in Southeast Asia, focusing on Indonesia, the Philippines, and Thailand. Using a systematic literature review (SLR) methodology, this research identifies and evaluates legal frameworks, implementation challenges, and the role of digital platforms in addressing these issues. Key regulations such as the Electronic Information and Transactions (ITE) Law in Indonesia, the Cybercrime Prevention Act in the Philippines, and the Computer Crime Act in Thailand were analyzed alongside institutional reports and academic studies. The results reveal that while these countries have made significant progress through the establishment of legal frameworks, implementation remains hindered by limited technical capacity, a lack of digital forensic expertise, and low public digital literacy. Furthermore, weak enforcement and insufficient oversight of digital platforms exacerbate the problem, as many platforms fail to respond promptly to reports of illegal content. Despite progressive laws such as Indonesia's Sexual Violence Prevention Law and the Philippines' international collaborations, slow law enforcement processes and economic vulnerabilities contribute to the persistence of these issues. The study concludes that Southeast Asian countries need to enhance technical capabilities, expand public education, strengthen international collaboration, and ensure greater accountability from digital platforms. These measures are essential to addressing gaps in enforcement and creating a safer digital environment for women and children in the region.