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Kebijakan Penegakan Hukum Pidana Terhadap Sponsor Perjudian Online Terhadap Tim Esports Di Indonesia Wibowo, Fadhil Rahadyan; Putri, Nella Sumika; Atmaja, Budi Arta
Justisia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2025): Justisia: Jurnal Ilmu Hukum
Publisher : Program Studi Doktor Ilmu Hukum Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56457/jjih.v3i2.275

Abstract

The Esports industry in Indonesia is experiencing significant growth with large economic contributions, but raises legal issues related to the involvement of sponsors from online gambling companies. Although Article 27 paragraph (2) of the Electronic Information and Transaction Law (ITE Law) expressly prohibits gambling, sponsorship practices continue without effective enforcement. This research aims to analyse the application of criminal law against online gambling sponsorship of Esports teams in Indonesia, identify obstacles to law enforcement, and formulate effective criminal law policy strategies. This article is a legal research that not only conducts studies related to laws and regulations, literature, and legal documents, but is also complemented by empirical data through in-depth interviews with the DIY Police Cyber Directorate, Bandung District Attorney, Ministry of Communication and Digital, and the Indonesian Esports Executive Board, as well as direct observation in the field. The results show that to date there has been no investigation, prosecution or conviction of Esports teams receiving online gambling sponsorship. The main obstacles include difficulties in proving the element of intent (mens rea), lack of formal evidence, limited digital forensic facilities, low public legal awareness, and the normalisation of gambling culture in the Esports community. Normatively, the legal basis is adequate, but implementation constraints make the penal path difficult to apply. Therefore, non-penal strategies in the form of legal education, increasing digital literacy, strengthening internal regulations, and cross-sector collaboration need to be optimised, while criminal law functions as an ultimum remedium.
Legal Liability of AI Developers for Individual Interactions with Chatbots Resulting in Death: A Comparative Study Khairunnisa Maharani; Sinta Dewi Rosadi; Nella Sumika Putri
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6768

Abstract

The development and use of Artificial Intelligence (AI) in platforms such as chatbots has raised ethical and legal concerns. This study aims to examine the legal responsibilities of AI developers, focusing on the case of Garcia Vs. Character Technologies, in which a teenager’s death was allegedly influenced by interaction with an AI chatbot. This study compares Indonesian and European Union legal frameworks on AI developer liability for harms arising from chatbot interactions. This study is a legal study that uses a normative juridical approach by conducting a review of legislation and comparing laws with other countries to answer the research questions. The results show that the regulation of AI ethics in Indonesia is still developing and relies on the Electronic Information and Transactions Law and the Personal Data Protection Law, which do not specifically regulate AI, while the European Union already has more comprehensive regulations. The responsibilities of AI developers, such as those in chatbot platforms, include ensuring system security from physical or psychological impacts, protecting personal data, and ensuring fair and transparent algorithms. Universally, both in Indonesia and the European Union, developers are required to comply with the principles of safety, fairness, and human rights by conducting testing to avoid bias and negative impacts on users.
Beyond Legal Moralism: Reconstructing Rational Justice through Economic Analysis of Law in Indonesia’s Criminal Policy Lesmana, CSA Teddy; Sulistiani, Lies; Putri, Nella Sumika; de Bats, August Peter
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/se12ge88

Abstract

This article critically interrogates the enduring dominance of the legal – moralistic paradigm in Indonesia’s legal system and advances the Economic Analysis of Law (EAL) as a rational and context – sensitive framework for legal reform. Departing from the premise that moralistic legal reasoning, when detached from empirical evaluation and incentive structures, often produces overcriminalization, regulatory inefficiency, and declining public trust, this study argues that EAL offers a systematic methodology to realign law with rational justice. Employing a multidisciplinary approach that integrates philosophical reflection, socio – legal analysis, and doctrinal examination, the article demonstrates that EAL is not antithetical to Indonesia’s constitutional identity or normative foundations, including Pancasila, but can instead function as an instrumental extension of its substantive justice values. By incorporating cost – benefit analysis, behavioral incentives, and evidence – based policy evaluation into legal decision – making, EAL enhances legislative rationality, optimizes enforcement mechanisms, and strengthens institutional legitimacy. Comparative insights drawn from selected jurisdictions, particularly the United Kingdom, Australia, South Korea, and Canada, illustrate how EAL has been institutionalized through Regulatory Impact Assessments, restorative justice frameworks, and interdisciplinary legal education. The article concludes by proposing a contextualized reform strategy for integrating EAL into Indonesia’s pluralistic legal culture, positioning rational justice as a mediating paradigm between moral aspiration, empirical governance, and democratic accountability.