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Journal : Ipso Jure

Cybercrime And Transnational Criminal Law: Tackling Online Fraud and Identity Theft Yusep Mulyana
Ipso Jure Vol. 2 No. 8 (2025): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/zep90829

Abstract

The development of information and communication technology has presented new opportunities as well as challenges in the life of the global community. One of the negative impacts of digital transformation is the emergence of various forms of cybercrime, especially online fraud and identity theft. These two crimes have transnational characteristics so that they are difficult to deal with with national law alone. This study uses a normative juridical method with a qualitative approach to analyze national regulations and relevant international legal instruments in countering cybercrime. The results of the study show that Indonesia already has a legal basis through the ITE Law, the Criminal Code, and the Personal Data Protection Law, but still faces obstacles in terms of jurisdiction, capacity of law enforcement officials, and limitations of international agreements. At the global level, the Budapest Convention on Cybercrime and the United Nations Convention against Transnational Organized Crime (UNTOC) are important instruments, although their implementation is limited by the lack of universal state participation. Therefore, it is necessary to strengthen national regulations, increase international cooperation through extradition mechanisms and mutual legal assistance, and digital literacy of the public to prevent the widespread impact of online fraud and identity theft.
Criminal Law Reform Policy in Indonesia: Balancing Justice, Morality, and Human Rights H. Yusep Mulyana
Ipso Jure Vol. 2 No. 10 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i10.53

Abstract

Criminal law reform in Indonesia is not only a legislative process, but also a reflection of complex battles over values and political interests. This study aims to analyze the role of political law in shaping the balance between justice, morality, and human rights in the 2023 revision of the Criminal Code (KUHP). Using a qualitative approach through document analysis, case studies, and interviews with legal experts and human rights activists, this study finds that politics plays a dominant role in determining the direction of criminal law reform. The tug-of-war between conservative and progressive groups creates legal compromises that often blur the line between social morality and the protection of human rights. The results of the study show that criminal law in Indonesia still functions as an instrument of political legitimacy, not merely as a means of substantive justice. Therefore, a participatory and transparent approach is needed so that criminal law reform can uphold social justice without sacrificing the basic rights of citizens.