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Journal : rechtenstudent journal

Legal Framework and Criminal Sanctions for Bitcoin-Based Narcotics Transactions Maria Dona Kristina Wati; Ainul Azizah; Fanny Tanuwijaya
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i2.347

Abstract

The rapid development of digital technology has transformed the global financial landscape with the emergence of virtual currencies such as Bitcoin. As a decentralized digital asset based on blockchain technology, Bitcoin enables fast, anonymous, and cross-border transactions without central authority intervention. While these features offer convenience, they also pose risks of abuse in illegal activities, including narcotics transactions. In Indonesia, the use of Bitcoin in drug-related offenses presents complex legal challenges due to the absence of explicit criminal regulations governing such usage. This study examines the criminal liability of narcotics offenders who utilize Bitcoin, focusing on three core issues: the juridical basis for punishment, the characteristics of punishment under Indonesia’s legal system, and an ideal penal concept for the future. The research employs a normative juridical method with statutory, conceptual, and case study approaches. Findings indicate that punishment remains based on Law No. 35 of 2009 on Narcotics, with Bitcoin regarded as a means rather than a core element of the crime. Although it does not constitute a new offense, its use may aggravate punishment through individualized sentencing. Sanctions involving digital assets remain suboptimal due to regulatory gaps. Therefore, this study recommends revising criminal laws to explicitly regulate Bitcoin use in drug crimes, developing sentencing guidelines that consider technological factors, and formulating responsive penal policies, including asset seizure and inter-agency collaboration through blockchain forensic technology.
Reformulating National Criminal Law for Protecting Child Victims of Cyberbullying Crimes Iwan Fahmi; Fanny Tanuwijaya
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i2.363

Abstract

The advancement of digital technology has led to the emergence of new types of crime, including cyberbullying, which often targets children as the most vulnerable victims. Indonesia currently lacks specific legal provisions that regulate cyberbullying as a criminal offense against children. This research aims to examine the effectiveness of existing legal protections and the urgency of reformulating a more specific criminal framework. Using a normative legal approach and comparative study with the Philippines and California (USA), the findings indicate the need for comprehensive legal reform in Indonesia to ensure better protection for children against digital violence. The study highlights how the absence of a clear definition and categorization of cyberbullying in Indonesian legislation creates legal uncertainty and hinders law enforcement. Meanwhile, experiences from the Philippines and California show that explicit regulations provide stronger preventive and punitive measures. Therefore, reformulating a progressive legal framework that integrates criminal, civil, and administrative approaches is urgently needed to address the complexity of cyberbullying and safeguard children’s rights in the digital era.