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All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal Hukum IUS QUIA IUSTUM PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Loyalitas Sosial: Journal of Community Service in Humanities and Social Sciences Pena Justisia: Media Komunikasi dan Kajian Hukum Golden Ratio of Data in Summary DEVOTE: Jurnal Pengabdian Masyarakat Global JUDGE: Jurnal Hukum Jurnal Medika: Medika SASI
Musa Darwin Pane
Fakultas Hukum Universitas Komputer Indonesia, Bandung, Jawa Barat, Indonesia
Computer Science & IT Dentistry Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences Other

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PERTANGGUNGJAWABAN PIDANA TERHADAP PENGEMBANG ARTIFICIAL INTELLIGENCE PADA KASUS PELANGGARAN PRIVASI DAN DATA PRIBADI Musa Darwin Pane; Moch Zein Surya Permana
Judge : Jurnal Hukum Vol. 6 No. 03 (2025): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i03.1593

Abstract

The development of Artificial Intelligence (AI) technology has had a significant impact on various aspects of life, including the management of personal data. However, this progress also poses a risk of privacy violations and misuse of personal data by AI systems. This study aims to analyse criminal liability for AI developers in cases of privacy and personal data violations, focusing on applicable legal provisions and enforcement mechanisms. The research method used is normative juridical, by reviewing laws and regulations, court decisions, and related literature. The results showed that although the Personal Data Protection Act (UU PDP) and the Criminal Code (KUHP) have regulated the protection of personal data, there is a legal vacuum regarding the criminal liability of AI developers, especially when AI systems operate autonomously. This study recommends the need for specific regulations governing the responsibility of AI developers, including clear evidentiary mechanisms and sanctions, to ensure effective legal protection of privacy and personal data in the digital age.
Racial Offenses Against the Sundanese Ethnic Group Reviewed from the Perspective of the Electronic Information and Transactions Law Musa Darwin Pane; Khairunnisa Hanifati Zahra; Marta Ayuni Lestari Suhandi
Golden Ratio of Data in Summary Vol. 6 No. 2 (2026): February - April
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v6i2.2171

Abstract

This study aims to analyze the legal construction and law enforcement of racial offenses targeting the Sundanese ethnic group in the digital space based on the Electronic Information and Transactions Law (UU ITE). Using a normative legal research method with statutory, conceptual, and case approaches, this research focuses on the implementation of Article 28 paragraph (2) of the UU ITE. The findings indicate that the concept of racial offenses against the Sundanese ethnic group has been explicitly regulated with criminal sanctions of up to six years of imprisonment, as reflected in the case involving content creator R. in late 2025. However, law enforcement still faces challenges due to the ambiguity of the phrases "inciting hatred" and "inter-group," which are open to multiple interpretations and potentially violate the principle of lex certa. This study recommends a more precise reformulation of legal norms and stronger collaboration among the government, digital platforms, and society to maintain ethnic harmony in the digital era.
A LEGAL RELATIONSHIP OF PERMITS FOR CREW PLACEMENT IN THE CASE OF HUMAN TRAFFICKING Werdhi Sutisari; Musa Darwin Pane
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5587

Abstract

Trafficking in Indonesia has been regulated in Law Number21 of 2007 concerning the Eradication of Criminal Acts ofHuman Trafficking. Interpretation of TPPO must fulfill theelements of the process, namely recruiting, transporting,sheltering, sending, moving or receiving someone. Inaddition to the elements of the process, it must also fulfill theelements of the method, namely by threats of violence, use ofviolence, kidnapping, confinement, forgery, fraud, abuse ofpower or vulnerable positions, debt trapping or givingpayment or benefits. Then it must also fulfill the element ofpurpose, namely exploitation. This study uses normativelegal research with a conceptual approach, where the researchapproach is based on the views and doctrines that develop inlegal science. Understanding these views and doctrines is abasis for researchers in building a legal argument in solvingthe issues faced. This study also uses a statute approach,namely an approach carried out by examining all laws andregulations related to the legal issue being handled. Then thisstudy, when viewed from its nature, is included indescriptive research. The results of this study are that inestablishing a business entity engaged in the field ofABK/seafarer agency, it must obtain a business license fromthe Ministry of Law and Human Rights, but it must alsoobtain that the business entity must have a business licensefor recruitment and placement of ship crew (SIUPPAK)issued by the Minister. The absence of SIUPPAK in thebusiness entity does not necessarily make a business entitythat does not have a license then charged with allegedattempted TPPO.
The Conflict of Legal Regulations Norms Business License For Recruitment and Placement of Ship Crew Werdhi Sutisari; Musa Darwin Pane
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.5810

Abstract

Disharmony in context regulation legislation is a event ,where there are two or more regulations that govern aboutOne the same substance , but each of them regulation the Noown technical equation its arrangement. Disharmonyregulation legislation can also be said existence mutuallyexclusive rules overlap overlap between One regulation withregulation others , so that result in existence oppositionregulation Good in a way vertical or horizontal, andoverlapping overlap regulation the caused by Because too theamount existing laws in Indonesia. There is disharmony lawnaturally result in enforcement existing regulations ,meaning that existence regulation is to organize life society ,but regulations can be No effective while happen disharmonyfrom regulations. This research uses study legal normative ,namely with adopt approach law normative , which focuseson analysis to regulation applicable legislation and conceptslaw . His analysis is descriptive qualitative , with describe ,explain and analyze aspects law with use qualitative . Thepurpose is is to provide an overview in a way comprehensiveabout disharmony regulation legislation. Research result :when it turns out happen conflict of norms, then effort lawsettlement conflict of norms in business permits Ministry ofLaw and Human Rights and Ministry of Transportationwith use First principle preferences . Principles preferencesused in solving conflict of norms that occurs betweenregulation legislation . If associated with principle thispreference , the problems that occur more appropriate useprinciple the third preference namely lex specialist derogatelegi general.
Co-Authors Diah Pudjiastuti Febilita Wulan Sari Happy Ferovina Wuntu Hetty Hassanah Khairunnisa Hanifati Zahra Marta Ayuni Lestari Suhandi Maulana Nur Rasyid Moch Zein Surya Permana Nur Ezan Rahmat R. Ficry Sukmadiningrat Sahat Maruli T. Situmeang Sahat Maruli Tua Situmeang Sahat Maruli Tua Situmeang Sahat Maruli Tua Situmeang Subagyo Sri Utomo Sutarjo Sutarjo Wahyudi Wahyudi Werdhi Sutisari