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All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal Komunikasi Hukum JURISDICTIE Jurnal Hukum dan Syariah Pembaharuan Hukum Jurnal Akta International Journal of Law Reconstruction Journal of Indonesian Legal Studies Jurnal Ilmiah Kebijakan Hukum Jurnal Selat Jurnal Wawasan Yuridika Widya Yuridika Etika Demokrasi Kosmik Hukum ADLIYA: Jurnal Hukum dan Kemanusiaan Journal of Law Science Repertorium: Jurnal Ilmiah Hukum Kenotariatan Journal of Law and Policy Transformation JURNAL PEMBANGUNAN HUKUM INDONESIA Legal Spirit Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Komunitas Yustisia Journal of Judicial Review Jurnal Independent Batulis Civil Law Review Jurnal Hukum Malahayati PAMALI: Pattimura Magister Law Review Jurnal Hukum Pelita Mimbar Hukum Jurnal Media Hukum Journal of Law & Policy Review Nomos : Jurnal Penelitian Ilmu Hukum Abdurrauf Journal of Community Service
Hutauruk, Rufinus Hotmaulana
Universitas Internasional Batam
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Criminal Law and Civil Law Accountability for the Spread of Fake News in the Digital Era Julvina, Julvina; Hutauruk, Rufinus Hotmaulana; Sudirman, Lu
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2352

Abstract

Introduction: Freedom of expression in the digital era without any restrictions indirectly triggers the spread of fake news. The freedom to spread news or broadcasts often transcends legal, cultural and religious boundaries. Therefore, fake news is used as a tool to attack honor and bring down the good name of a person or group.Purposes of the Research: This research aims to analyze criminal and civil law regulations related to the spread of fake news in the digital era in Indonesia.Methods of the Research: Through normative legal research methods, this study examines various relevant regulations, including the Criminal Code, Civil Code, and Electronic Information and Transaction Law.Results Main Findings of the Research: The results of the study show that both criminal and civil laws already have mechanisms to overcome the spread of fake news. In the criminal realm, sanctions are given to perpetrators who spread fake news with a wide impact, such as inciting riots or violating human rights. Related articles in the Criminal Code and the Electronic Information and Transaction Law, such as Article 160 of the Criminal Code and Article 28 paragraph (3) jo. Article 45A paragraph (3) of the Electronic Information and Transaction Law, provides a strong legal basis. Meanwhile, civil law allows aggrieved individuals to claim compensation through the concept of unlawful acts in the Civil Code. A comparison between criminal and civil law shows that these two systems are complementary: criminal law focuses on providing a deterrent effect and protecting the public interest, while civil law places more emphasis on the recovery of individual losses. While existing regulations are adequate to deal with the spread of fake news, increased legal awareness in the community, stronger law enforcement, and more effective prevention mechanisms are needed to deal with the challenges in this digital age.
The Ethical Challenges in Copyright AI Creativity: Tantangan Etis dalam Kreativitas AI Hak Cipta Putri, Tasya Raehan Annisa; Disemadi, Hari Sutra; Hutauruk, Rufinus Hotmaulana
Jurnal Media Hukum Vol. 13 No. 1 (2025): Jurnal Media Hukum (JMH)
Publisher : Fakultas Hukum Universitas Tompotika Luwuk Banggai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59414/jmh.v13i1.756

Abstract

In this era of rapid technological advancement, marked by the emergence of Artificial Intelligence (AI), the legal status surrounding AI-generated works sparks considerable debate. The question arises: do these creations warrant legal protection? This study employs a normative legal research method, drawing upon statutory regulations. Findings indicate that AI cannot be deemed a legal subject with rights and obligations, as it is a product of human-made technology. Consequently, AI-generated works do not meet the criteria for copyright protection, namely fixation, originality, and minimal creativity. Indonesia addresses copyright protection under Law Number 28 of 2014, stipulating that AI-generated works can be protected through registration, provided they meet standards of originality and human creative contribution. This essentially renders AI creations ineligible for legal protection, as they originate from machine intervention. However, legal protection for AI can be circumvented by directing it towards the owner and creator of the AI itself, rather than its resultant works.
Transparency and Consent for the Use of Data Analytics in Indonesia Disemadi, Hari Sutra; Hutauruk, Rufinus Hotmaulana; Silviani, Ninne Zahara; Tan, David
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 18 No. 1 (2024): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v18i1.43758

Abstract

Abstract The digital economy era has driven the use of technology that relies on data utilization to support various economic activities, such as the use of data analytics. The use of data analytics to provide more relevant features and ads to users of various online platforms has legal implications that must be supported by a legal framework for personal data protection in Indonesia. This study is done to analyze the gap in the development of legal framework in Indonesia in regards to the use of data analytics. Using normative legal research, this study explains the legal implications and outlines the legal issues related to the use of data analytics and the risks faced by online platform users as data owners. The analysis using the statutory approach in this research found that there are several legal issues and normative limitations that make it difficult to implement the concept of transparency and consent in efforts to protect personal data of online platform users, which is the main target of the use of data analytics. The findings of this study also indicate that the use of more complex technical terms is not found in regulations governing the protection of personal data, and hinders further normative exploration related to the use of data analytics that distinguish the types of data used into more complex terms and classifications.
School Transfer to Support Reintegration of Juveniles Involved in Inappropriate Photo-Sharing Situmeang, Ampuan; Hutauruk, Rufinus Hotmaulana; Alhakim, Abdurrakhman; Febriyani, Emiliya
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25550

Abstract

One the negative usages of digital technology is the sharing of inappropriate photo to someone online. However, as social media users are often the target of doxing, young persons who commit this offense can also be considered victims, leaving them vulnerable to bullying, especially in their own environment, such as school. Using normative legal research method and statutory approach, this research analyzes the potentials of school transfer as a post-criminal proceedings method for juveniles who commit sexual offense in the form of inappropriate photo-sharing, to first get them to an environment safe enough for them to be educated on their mistakes in another school, which is important for their growth. This study identifies normative gaps within the Juvenile Justice, Pornography, and Education Laws that hinder the reintegration of juveniles involved in online sexual offenses, proposing school transfer as a mitigative strategy against bullying and harassment. It emphasizes the need for further research to address implementation challenges, underscoring the importance of a holistic restorative justice approach.
Analysis of Judicial Considerations in the Case of Fake News Dissemination and Its Impact on Public Order Hutauruk, Rufinus Hotmaulana; Sudirman, Lu; Julvina, Julvina
Nomos : Jurnal Penelitian Ilmu Hukum Vol. 5 No. 1 (2025): Volume 5 Nomor 1 Tahun 2025
Publisher : Actual Insight

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56393/nomos.v5i1.2974

Abstract

This research addresses the legal issues surrounding the dissemination of false news, particularly in the case of Decision Number 686/Pid.Sus/2021/PN JKT, which involves the spread of fabricated content on social media. The purpose of this study is to analyze judicial considerations in the legal handling of fake news and its implications on public order. The research employs a normative legal method, using secondary data from the court's decision and analyzing it through document analysis with a case-based and conceptual approach. The results highlight the court's focus on the intentionality of the defendants, their awareness of the false nature of the content, and the potential risks of public unrest. The study concludes that while media freedom is constitutionally protected, it must be exercised responsibly, especially in the digital age, to prevent harm to public order and societal harmony. This case underscores the need for greater media accountability and the balance between freedom of expression and public safety.
Rekonstruksi Hukum Perlindungan Lingkungan dan HAM dalam Konteks Climate Resilience Hutauruk, Rufinus Hotmaulana; Febriyani, Emiliya; Nurlaily, Nurlaily; Anwar, N.A.D. Pramesti; Fitri, Winda
Jurnal Pembangunan Hukum Indonesia Volume 7, Nomor 2, Tahun 2025
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i2.1-19

Abstract

The increasing frequency and intensity of climate change impacts, coupled with alarming risks of natural disasters, have spurred a global urgency to strengthen climate resilience. This research critically examines the readiness of Indonesia's legal landscape to support initiatives for enhancing climate resilience and the protection of human rights (HAM) in the context of environmental issues, considering Indonesia's vulnerable geographical position. Employing normative legal research methods, this study reveals that the regulatory framework for environmental management and protection in Indonesia has not fully provided the necessary legal certainty for climate change adaptation and mitigation efforts, nor has it optimally integrated human rights principles in addressing climate threats. As a solution, this research proposes a legal reconstruction model aimed at overcoming these shortcomings by establishing more robust legal certainty for enhancing climate resilience, while simultaneously placing human rights protection as a fundamental pillar in all related policies and actions. The implementation of this legal model necessitates public policy updates through the revision or enactment of more comprehensive and human rights-oriented legislation.
Legalization of Public Documents Through Apostille: A Legal Reform in Public Services Tan, Winsherly; Patros, Asmin; Hutauruk, Rufinus Hotmaulana
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 3 (2023): November Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.385-398

Abstract

Indonesia is a country that has the objective of ensuring the welfare of its citizens. One effective way to achieve prosperity for its citizens is by implementing excellent public services, especially when it comes to the fulfillment of rights concerning the legalization of public documents. Therefore, this study is aimed to analyze the application of the Apostille convention in the legalization of public documents, and to investigate the changes in the law of public services related to the legalization of documents after the Apostille enactment. This legal study is categorized as a type of doctrinal analysis. Specifically, it is descriptive and analytical. Juridical and theoretical foundations were used for data analysis and the theoretical basis employed was the Theory of Legal Reform. The finding is consistent with the principles of the Legal Reform Theory. Legalization of public documents has undergone legal reform because legalization of public documents can be done online and in a short time. This shows that law, as a means of reform, has been realized because it has met the needs of society for the public. Despite the enhancement of public services, several aspects require careful consideration and improvement. This includes establishing effective cooperation with the Regional Office of Law and Human Rights, which acted as a liaison for Apostille services at the regional level. Additionally, the Regional Office of Law and Human Rights assume a pivotal role in overseeing the printing of certificates to ensure accessibility for the public.
PENGARUH IMUNITAS PEJABAT NEGARA DAN KEBIJAKAN KEUANGAN NEGARA DALAM PENCEGAHAN KKN PADA MASA COVID-19 Budiyardi; Lu Sudirman; Rufinus Hotmaulana Hutauruk
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.50957

Abstract

At the end of 2019, it was reported that there was an outbreak of a disease that spread very quickly and was still the Corona Virus Disease 2019 (COVID-19). China officially reported the presence of the corona virus to the World Health Organization (WHO) on December 31, 2019, but a team from Harvard University, by analyzing satellite photos of traffic around a number of hospitals in Wuhan, Hubei Province, China experienced an increase starting last month. August 2019, this may indicate that the corona virus appeared in the city earlier than the reported time frame. As for the problems that will be researched in order to achieve clear and systematic goals and objectives and as desired, the authors limit the problems to be researched so that can answer the question of how the immunity of State Officials in regulating financial policies is reviewed through PERPU 1/2020 in handling Covid-19 and how the influence of PERPU No. 1/2020 and the Constitution against abuse of the authority of state officials in determining financial policy? This research is directed to examine the extent to which PERPU no. 1/2020 can ensure financial stability and the financial system remains safe from threats to the country's economy in the context of handling Covid-19, which is increasingly making the world economy, including Indonesia. The influence of state officials' immunity and state financial policies in preventing KKN during the covid-19 period is very important to be able to help this nation to become a nation that is far from KKN actions and that can be done if the state officials have honesty, truth and justice so as to produce good morality. against state official.
URGENSI PENYESUAIAN KEBIJAKAN PENERIMAAN TAHANAN RUTAN KOTA BATAM PADA MASA ENDEMI COVID-19 Karya So Immanuel Gort; Rufinus Hotmaulana Hutauruk; F. Yudi Priyo Amboro
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.51031

Abstract

The high impact of COVID-19 requires the Government to issue a policy on limiting the number of prisoners. This study aims to find out the rules regarding the mechanism for accepting new prisoners by the Batam Detention Center due to the Covid-19 Pandemic, the impact of delays in accepting new prisoners by the Detention Center due to the Covid-19 Pandemic, the extent of readiness of law enforcement officers and policy concepts and solutions for accepting prisoners during endemic times. covid-19 by the Batam Rutan. This research method is normative juridical, with the results of receiving prisoners during the covid pandemic referring to the Decree of the Minister of Law and Human Rights, there have been restrictions on movement of prisoners, there has been a buildup of prisoners and during endemic times, Batam Detention Center only accepts registration and administration from the prosecutor's office and the police and started to enforce normal policies.
Political Rights of Ex-Corruptors vis a vis Electoral Integrity in Indonesia Rusdiana, Shelvi; Hotmaulana Hutauruk, Rufinus; Fitri, Winda; Jaya, Febri
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 14 No 1 (2025)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2025.v14.i01.p13

Abstract

This study investigates the normative inconsistency vis a vis the political rights of ex-corruption convicts and the principle of electoral integrity within the framework of Sustainable Development Goals (SDGs), particularly SDG 16, in Indonesia. The problem addressed centers on whether allowing individuals convicted of corruption to participate as election candidates aligns with democratic values and sustainable governance. While inclusivity is a key component of both democracy and SDG 16, this research critically examines the extent to which such inclusivity may conflict with the imperative of maintaining public trust and ethical standards in political leadership. Employing a normative legal research method supported by a statutory approach, the study analyzes Indonesian legal instruments. The research identifies a significant legal paradox: integrity is mandated for election officials but not for legislative or presidential candidates. This discrepancy raises critical questions regarding the consistency and credibility of Indonesia’s democratic processes. Findings indicate that allowing ex-corruption convicts to run for office undermines public confidence, hampers political regeneration, and dilutes the ethical foundation of electoral integrity. The analysis also reveals that an uncritical application of SDG 16 as a justification for political inclusivity may inadvertently legitimize impunity and erode democratic accountability. The study calls for urgent legal reforms to align candidacy requirements with broader democratic and developmental objectives. By reinforcing integrity as a universal qualification for public office, Indonesia can uphold the principles of justice, restore electoral legitimacy, and promote sustainable political development.
Co-Authors Abdurrakhman Alhakim Agus Cik Agustianto Agustianto, Agustianto Ainabila, Salsa Siti Alhakim, Abdurrakhman Anjawai, Namrysilia Buti Anwar, N.A.D. Pramesti Asmin Patros Ayunda, Rahmi Azlyn, Nurul Binti Yussofi, Putri Saphira Audesti Budiyardi Christina Christina Cik, Agus David Tan Dedi Susanto Dedi Susanto Dian Eka Putri Dian Sari, Eva Disemadi, Hari Sutra Eva Dian Sari F. Yudi Priyo Amboro Febrin Theresya V. Lingga Febriyani, Emiliya Fitri, Winda FL. Yudhi Priyo Amboro, FL. Yudhi Priyo Girsang, Junimart Hendra S, Hendra Jaya, Febri Jepri Medi Jessca, Jessca Julvina, Julvina Junimart Girsang Karya So Immanuel Gort Librawinson, Winky Lu Sudirman Lu Sudirman Martua, Susanto Medi, Jepri Muhammad Faiz Nertivia Nertivia Nopriensa, Salsabella Dea Novri, Novrianti Nur Laily NURLAILY, NURLAILY Octa Villa Oetary, Yana Panama, Nikolas Patros, Asmin Priyo Amboro, Florianus Yudhi Putri, Tasya Raehan Annisa Rusdiana, Shelvi Salma Rayani Rosniar Silviani, Ninne Zahara Siregar, Zulhirdan Situmeang, Ampuan Sugianto, M Udik Susanto Martua Tan, David Tan, Winsherly Tantimin Tantimin Tantimin, Tantimin Titi Delima Panjaitan Triana Dewi Seroja Verensia Wulandari, Aura Yana Oetary Zulhairi Zulhairi Zulhirdan Siregar