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Cybercrime in ASEAN: Anti-Child Pornography Legislation Smith, Robert Brian
JILS (Journal of Indonesian Legal Studies) Vol 5 No 2 (2020): Legal Developments in National and Global Context: Various Contemporary Issues
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i2.37931

Child pornography is one of the most pernicious crimes amongst the various forms of cybercrime. Offensive materials can be quickly disseminated over the internet with no respect for international borders. ASEAN leaders undertook at their 31st ASEAN Summit to prevent and tackle cybercrime including harmonising their laws. This paper is based on an analysis of the cybercrime legislation of all ten ASEAN countries to determine how the offence of child pornography is covered in their legislation. As the offence has extra-territorial consequences the analysis includes a discussion of the extraterritorial reach of the legislation. It was found that most of the jurisdictions have specific statutes or specific articles in their Criminal Codes concerning the crime of child pornography. They do not necessarily refer to cybercrime or computer-related crime. Mutual cooperation is essential in combating cybercrime as is legislation that clearly defines the offence and is agreed across all jurisdictions. The paper analyses the current status of harmonization of laws in ASEAN and discusses a possible way forward in the harmonization of anti-child pornography legislation across ASEAN.

Cybercrime in ASEAN: Anti-Child Pornography Legislation Smith, Robert Brian
JILS (Journal of Indonesian Legal Studies) Vol 5 No 2 (2020): Legal Developments in National and Global Context: Various Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i2.37931

Child pornography is one of the most pernicious crimes amongst the various forms of cybercrime. Offensive materials can be quickly disseminated over the internet with no respect for international borders. ASEAN leaders undertook at their 31st ASEAN Summit to prevent and tackle cybercrime including harmonising their laws. This paper is based on an analysis of the cybercrime legislation of all ten ASEAN countries to determine how the offence of child pornography is covered in their legislation. As the offence has extra-territorial consequences the analysis includes a discussion of the extraterritorial reach of the legislation. It was found that most of the jurisdictions have specific statutes or specific articles in their Criminal Codes concerning the crime of child pornography. They do not necessarily refer to cybercrime or computer-related crime. Mutual cooperation is essential in combating cybercrime as is legislation that clearly defines the offence and is agreed across all jurisdictions. The paper analyses the current status of harmonization of laws in ASEAN and discusses a possible way forward in the harmonization of anti-child pornography legislation across ASEAN.

The Urgency of the International Criminal Court’s (ICC) Jurisdiction in Handling Serious Violations of Human Rights Case of the Uyghur Aulya, Layla Putri; Arifin, Ridwan; Smith, Robert Brian
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.75052

The international community is currently confronted with a severe humanitarian crisis involving the Uyghur population in Xinjiang, China, marked by pervasive reports of egregious human rights violations, encompassing forced labor, forced assimilation, and mass detention. This study accentuates the imperative for the International Criminal Court (ICC) to assert its jurisdiction and launch an investigation into the alleged crimes against humanity perpetrated against the Uyghur people. The Uyghur case presents a distinctive challenge for the ICC, given the complex political dynamics surrounding China's global influence and its non-membership in the Rome Statute. Nevertheless, this study contends that the ICC's role in addressing such severe human rights violations is now more crucial than ever. It delves into the legal avenues for ICC jurisdiction, exploring potential grounds under the principle of universality and the possibility that some alleged crimes may qualify as war crimes or crimes against humanity. Furthermore, the study delves into the ethical imperative compelling the international community to take decisive action against systemic abuses, asserting that justice and accountability stand as foundational tenets of international law. It also addresses foreseeable obstacles and objections to ICC jurisdiction, including challenges related to state sovereignty, geopolitical considerations, and the practicalities of prosecuting high-ranking officials. In conclusion, this study underscores the urgency of the ICC asserting jurisdiction in the Uyghur case, presenting an opportunity for the international community to showcase its dedication to upholding human rights and justice in the face of severe violations. The ICC's involvement in addressing these atrocities can serve as a beacon of hope for the victims and a deterrent against future perpetrators of similar crimes.

Legal Protection for Children as Victims of Economic Exploitation: Problems and Challenges in Three Major ASEAN Countries (Indonesia, Vietnam and Philippines) Utari, Indah Sri; Ramada, Diandra Preludio; Arifin, Ridwan; Smith, Robert Brian
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.68301

This research critically examines the legal safeguards for children facing economic exploitation in three prominent ASEAN countries: Indonesia, Vietnam, and the Philippines. Despite the presence of protective legislation in these nations, the effective implementation of these laws encounters significant obstacles. In Indonesia, diverse regulations intended to shield children from economic exploitation coexist with the persistent issue of child labor. The continued prevalence of child labor is attributed to inadequate enforcement of labor laws and a general lack of community awareness regarding children's rights. Vietnam, while boasting a relatively comprehensive legal framework against child labor, faces challenges in certain rural areas where instances persist due to entrenched issues like poverty, cultural traditions, and limited access to education. Moreover, in the Philippines, the government has implemented measures such as the Child Labor Law and the Anti-Child Trafficking Act to protect children from economic exploitation. However, the effectiveness of these initiatives is impeded by resource constraints, corruption, and limited community awareness. In conclusion, this study reveals that legal protection for children in Indonesia, Vietnam, and the Philippines is hindered by a range of challenges, including deficient enforcement mechanisms, enduring cultural traditions, widespread poverty, systemic corruption, and limited community awareness. Addressing these complex issues requires collaborative efforts from governments, civil society, and communities to ensure the robust protection of children's rights.

Advocacy and Protection for Victims of Sexual Violence against Children: Insight from Indonesia's Experience Krismawati, Selviana; Pratiwi, Salsabila Yumna; Smith, Nucharee Nuchkoom; Smith, Robert Brian
Indonesian Journal of Advocacy and Legal Services Vol 5 No 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margina
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.65820

This research conducts a comprehensive exploration of the nuanced dimensions surrounding the role and protection of victims of sexual violence against children in Indonesia, with a specific focus on Decision Number 28/Pid.Sus/2021/PN Bbs, employing a normative juridical methodology. The study aims to reveal legal intricacies in victim form and protection throughout the judicial proceedings outlined in Decision Number 28/Pid.Sus/2021/PN Bbs, utilizing secondary sources such as laws, regulations, books, legal journal articles, and media coverage. Employing a descriptive analytical approach, the research identifies two pivotal dimensions. Firstly, victims of sexual violence against children in Decision Number 28/Pid.Sus/2021/PN Bbs exhibit vulnerability, easily persuadable traits, and compromised mental and physical conditions. External factors, including determinants of life, personality, and education, further contribute to the complexity of their roles. Secondly, an exploration of victim protection within the decision reveals that not all legally stipulated safeguards are embraced, with the Witness and Victim Protection Agency (LPSK) providing no support due to a lack of initiative from the family or law enforcement officials. Despite this, non-juridical protections, particularly in health, were identified, such as post-mortem medical treatment. To enhance comprehensiveness, the study incorporates perspectives of advocacy and victim protection, critically examining the efficacy of advocacy initiatives and evaluating existing frameworks for both juridical and non-juridical protection. This comprehensive approach aims to provide a holistic understanding of challenges and opportunities in safeguarding victims of sexual violence against children within the context of Decision Number 28/Pid.Sus/2021/PN Bbs.

Advocacy and Protection for Victims of Sexual Violence against Children: Insight from Indonesia's Experience Krismawati, Selviana; Pratiwi, Salsabila Yumna; Smith, Nucharee Nuchkoom; Smith, Robert Brian
Indonesian Journal of Advocacy and Legal Services Vol. 5 No. 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margi
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.29925

This research conducts a comprehensive exploration of the nuanced dimensions surrounding the role and protection of victims of sexual violence against children in Indonesia, with a specific focus on Decision Number 28/Pid.Sus/2021/PN Bbs, employing a normative juridical methodology. The study aims to reveal legal intricacies in victim form and protection throughout the judicial proceedings outlined in Decision Number 28/Pid.Sus/2021/PN Bbs, utilizing secondary sources such as laws, regulations, books, legal journal articles, and media coverage. Employing a descriptive analytical approach, the research identifies two pivotal dimensions. Firstly, victims of sexual violence against children in Decision Number 28/Pid.Sus/2021/PN Bbs exhibit vulnerability, easily persuadable traits, and compromised mental and physical conditions. External factors, including determinants of life, personality, and education, further contribute to the complexity of their roles. Secondly, an exploration of victim protection within the decision reveals that not all legally stipulated safeguards are embraced, with the Witness and Victim Protection Agency (LPSK) providing no support due to a lack of initiative from the family or law enforcement officials. Despite this, non-juridical protections, particularly in health, were identified, such as post-mortem medical treatment. To enhance comprehensiveness, the study incorporates perspectives of advocacy and victim protection, critically examining the efficacy of advocacy initiatives and evaluating existing frameworks for both juridical and non-juridical protection. This comprehensive approach aims to provide a holistic understanding of challenges and opportunities in safeguarding victims of sexual violence against children within the context of Decision Number 28/Pid.Sus/2021/PN Bbs.

Right-to-Repair, Product Durability and Obsolescence: A Legal Perspective Smith, Robert Brian; Smith, Nucharee Nuchkoom
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.1895

There is a growing global consensus on the need to enhance product durability as a response to increasing concerns about waste and consumer rights. Modern equipment, including motor vehicles, farm and construction machinery, and consumer goods, has become more sophisticated, making repairs more complex and costly. Manufacturers often restrict access to repair manuals, software updates, and spare parts, or design products in ways that impede easy repair. This article examines the interconnected concepts of the right to repair, product durability, obsolescence, and consumer rights protection. The European Union (EU) has emerged as a leader in consumer protection initiatives, introducing comprehensive measures addressing the right to repair and product durability. These initiatives have been widely adopted, either fully or partially, by nations across the globe. This study analyzes the EU's key legislative and regulatory approaches, concluding that they are highly consumer-centric and provide a valuable framework for other jurisdictions. However, one critical area requiring further attention is product recycling. The article emphasizes that manufacturers, sellers, and recycling companies should be held accountable for managing their waste domestically, adhering to the highest workplace safety and environmental standards. Governments are encouraged to promote the reuse of products and establish systems that facilitate repair and reuse activities. Additionally, the authors advocate for an expanded research program to enable large-scale industrial recycling of consumer waste, ensuring a more sustainable and circular economy. This study highlights the importance of a holistic approach to addressing product durability and repairability, advancing global consumer and environmental interests.

Adolescent Delinquency and the Crime of Robbery in the Study of Criminal Theory Rohmat, Rohmat; Ashtaputre, Shrirang; Smith, Robert Brian
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.35599

No one wants a crime to occur in their community, because the existence of this crime will be disturbing and detrimental to people's lives. Therefore, crime must be tackled and stopped. This article discusses cases of adolescent delinquency, burglary crimes and labeling practices in the study of criminological theories. It is important to understand cases of adolescent delinquency, crime of robbery and labeling practices in terms of the characteristics of crime and criminals. The research method used is a normative juridical research method with secondary data sources. The results showed that there were 5 (five) theories that could be used to analyze adolescent delinquency cases, namely the French sect, differential association, anomie, social control, and learning theory. While the crime of robbery is analyzed in 4 (four) theories, namely classical criminology theory, positive criminology, differential association, and opportunity theory. Meanwhile, the case of labeling in society was studied using labeling theory. The above theories can be used as a strategy to prevent and prosecute juvenile crimes, in this case juvenile brawls as a special crime, burglary crimes, and community labeling practices. It can be concluded that increasing family participation as the first medium of learning for children by increasing control, so that brawls between teenagers can be anticipated, as well as increasing community participation and social control as well as preventive, curative, and repressive actions to prevent actions that violate social norms and legal norms.

Indonesia’s New Penal Code: Harmonizing with Global Justice or Defying International Norms? Arifin, Ridwan; Alkadri, Riska; Smith, Robert Brian; Smith, Nucharee Nuchkoom; Wahyudin, Wahyudin
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.14271

This study critically examines Indonesia's new penal code through the lens of international legal norms, exploring whether it genuinely embodies the principles of global justice. Despite the code's ambitious reforms aimed at modernizing Indonesia's legal framework, our analysis reveals significant gaps between its provisions and internationally accepted standards, particularly in areas such as human rights, due process, and equality before the law. The urgency of this research lies in Indonesia's important role in Southeast Asia, where legal frameworks can influence regional governance and human rights practices. Novelty arises from our comparative approach, juxtaposing Indonesia’s penal code against a backdrop of global legal norms while considering local cultural and societal contexts. This study uncovers how the interplay between domestic priorities and international expectations can lead to compromises that undermine the integrity of justice. Our findings contribute to the ongoing discourse on legal reform in emerging democracies, highlighting the challenges of aligning national legislation with international standards. By providing concrete recommendations for policy makers, legal practitioners, and civil society, this research emphasizes the need for a holistic approach to legal reform that respects both local values and global commitments. Ultimately, we argue that Indonesia's new penal code is not just a legal document but a reflection of its aspirations for justice, demanding scrutiny and ongoing dialogue to ensure it meets the standards of global justice in practice.

Cross-border development: A long-term role for Universities Smith, Robert Brian; Smith, Nucharee Nuchkoom
ASEAN Journal of Community Engagement Vol. 4, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Low-income economies are experiencing potential serious threats in terms of long-term sustainability and social development. At the same time, most developing economies are grappling with possible disruptions from the Fourth Industrial Revolution and the current COVID-19 pandemic and its economic consequences. However, every economy has the same goal of elevating its status to that of a developed country. This research uses the narrative/case study approach to examine cross-border development and the role that universities can play as important actors in the development of society. Moreover, this research combines observations and literature analysis. Universities are clearly best placed to play an important role in helping the development of a country and assisting less-developed neighboring countries. However, this role will require continuous long-term commitment. In numerous cases, universities must make significant internal changes to meet the challenges posed by the Fourth Industrial Revolution. Three issues are identified as priority areas to be addressed: the quality of higher education, complex government bureaucracies, and ineffective on-the-job training. These issues will require universities to provide high-quality offerings that are relevant to their community and the broad world market. Moreover, universities must improve the foreign language skills of students and staff to enable them to communicate and learn from worldwide developments. Finally, universities should be proactive in creating opportunities rather than reactive and waiting for others to provide them with opportunities.

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