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Cybercrime And Transnational Criminal Law: Tackling Online Fraud and Identity Theft Mulyana, Yusep
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 Mulyana, H. Yusep
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.
THE LEGAL POSITION OF A PERPETRATOR WITNESS (JUSTICE COLLABORATOR) IN THE CRIMINAL OFFENSE OF HUMAN TRAFFICKING (TPPO) RELATED TO SEXUAL VIOLENCE UNDER THE LAW ON SEXUAL VIOLENCE CRIMES (UU TPKS) Mochamad Galih; Yusep Mulyana
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 3 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Human Trafficking (TPPO) related to sexual violence is an extraordinary crime that is organized, has widespread impact, and causes physical suffering, psychological suffering, and economic loss for victims. In law enforcement practice, law enforcement, and uncovering human trafficking (TPPO) networks often requires the role of witnesses (justice collaborators) to uncover the involvement of the main perpetrators. Normatively, the regulation of justice collaborators in Indonesia is regulated by Law Number 31 of 2014 concerning Witness and Victim Protection and is strengthened by Supreme Court Circular Letter Number 4 of 2011. However, Law Number 12 of 2022 concerning Sexual Violence (UU TPKS) does not explicitly regulate the mechanisms, criteria, and implications of granting justice collaborator status in sexual violence cases, including those related to TPPO. This normative vacuum has the potential to lead to inconsistent decisions, legal uncertainty, and an imbalance between the interests of proof and victim protection. This research uses a normative juridical method with a statutory, conceptual, and case study approach. The analysis was conducted on the regulation of justice collaborator in the Indonesian criminal law system, the position of witnesses and perpetrators in human trafficking cases based on sexual violence according to the TPKS Law, and its implications for the principles of justice and victim protection. The results of the study indicate that the regulation of justice collaborator is still general and has not been comprehensively integrated with the TPKS legal regime. As a result, the granting of this status is highly dependent on the discretion of law enforcement officials and judges. From the perspective of criminal law policy and due process of law, the granting of justice collaborator status must still guarantee the principles of proportionality, accountability, and protection of victims' rights, including the right to restitution and victim recovery. Therefore, it is necessary to harmonize regulations between the Witness and Victim Protection Law and the TPKS Law, as well as the formulation of clear technical guidelines regarding the procedures, criteria, and limitations for granting justice collaborator status in human trafficking cases based on sexual violence. This approach is important to strengthen the integrity of the criminal justice system while ensuring that victim protection and recovery remain the primary orientation in law enforcement.