Desintha, Pande Ketut Natalia
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The Legal Protection for Child Perpetrators and Victims of Revenge Porn in Indonesia Rumondor, Jenaya Adra; Jennifer, Graceyana; Desintha, Pande Ketut Natalia
Law Research Review Quarterly Vol 8 No 1 (2022): Various Legal Issues and Its Complexity to Global Perspective
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v8i1.53802

Abstract

The development of the digital world brings so many benefits to human life, which includes all levels of people, from children to adults. For children, the digital world and social media will certainly support a more advanced and developing life. However, this progress also presents various potentials and challenges that are not in line with the fulfillment of children's growth and development rights. This is related to the threat of children's rights in criminal acts based on social media, both as perpetrators and as victims of the crime itself. One of these crimes is online gender-based violence that is rife in the form of cyberporn with revenge porn modus operandi, which is a crime by spreading vulgar content without the consent of the person in the content to take revenge. The research method used is a descriptive-analytical research method with a normative legal approach, where the author uses secondary data and a statutory approach to draw deductive conclusions. Therefore, the government needs to actively implement legal protection to protect the rights of children as victims and perpetrators. Such legal protection should be carried out in a preventative manner with the Virtual Police mechanism and the role of the Stakeholders, and repressively by carrying out the judiciary, instilling the concept of restorative justice in its implementation, both in the application of diversion for the perpetrator and the provision of restitution or compensation for victims.
The Development of Technology and Information and Its Impact on Notarial Practice in Relation to Legal Certainty Desintha, Pande Ketut Natalia; Khoirunnisa, Nabila; Vania, Elsya; Effendy, Edrick Edwardina
Sultan Agung Notary Law Review Vol 6, No 3 (2024): September 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i3.42423

Abstract

The development in the current digital era has certainly brought significant changes in various aspects of life, including in notary practice. Therefore, this journal discusses the impact of technology and information on notary practice, with a focus on the aspect of legal certainty related to the concept of Cyber Notary. While there are still concerns in the practical and ethical aspects of implementing Full Cyber Notary in Indonesia, thereforeThrough legal analysis and literature study, this journal highlightsvarious problems of implementing Cyber Notary in Indonesia based on ethical and practical aspects such as the non-accommodation of Cyber Notary in laws and regulations, especially the Notary Law and the unpreparedness of the Cyber Notary implementation system including human resources and uneven distribution of infrastructure. Therefore, the Author Team provides a solution mechanism, namely the Cyber Notary practice method that reconciles laws and regulations related to Notaries in Indonesia reviewed based on progressive law. The Author Team provides a resolution mechanism with the implementation of Cyber Notary in a hybrid manner, which is a combination of current notary practices, namely conventionally with digital implementation, this is as the concept of progressive law which states that there are always weaknesses in the dynamics of law, as we know that existing laws will certainly always change and develop in society along with the social dynamics that occur. In implementing this hybrid system, it is important to adjust the laws related to Cyber Notary to the work area, the person appearing and reading the deed, signing to storing the deed, in addition, related parties such as the Indonesian Notary Association (INI) are also needed in the training and certification process specifically for notaries who will carry out Cyber Notary. Because in the context of implementing Cyber Notary, it is necessary to adjust the laws and regulations in order to provide legal certainty for Notaries and ensure the legality and authentication of electronic deeds are equivalent to conventional deeds, so that there is no overlap or ambiguity related to Cyber Notary in the formation or storage of an authentic deed.