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Criminal Liability for Hacking Personal Data through Ransomware Attacks on Digital Service Providers in Indonesia Simanjuntak, Shely Yesica; Waluyo, Bambang
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.48885

Abstract

Advances in information technology have driven massive digital transformation among Digital Service Providers (DSPs) in Indonesia, but this development has also increased the potential for increasingly complex cybercrime threats, particularly in the form of ransomware attacks. This normative legal study aims to examine the construction of criminal acts and criminal liability in cases of personal data hacking through ransomware attacks. The results of the study show that ransomware is a multi-layered criminal offense punishable under Law No. 1 of 2024 concerning the Second Amendment to the ITE Law (Articles 30, 32, and 27B) for illegal access, system destruction, and digital extortion, as well as Law No. 27 of 2022 concerning Personal Data Protection (PDP Law) (Articles 67(2) and (3)) for the unlawful disclosure and use of personal data. The concept of criminal liability is expanded from the main perpetrator and accomplices under Article 20 of the 2023 Criminal Code to accomplices under Article 21 of the 2023 Criminal Code in transnational syndicates. In addition, PLDs acting as Personal Data Controllers may be subject to corporate criminal liability (Article 118 of the 2023 Criminal Code) and fines (Article 57 of the PDP Law) if they are proven to have been negligent in maintaining user data security, which facilitates attacks. Although there is existing jurisprudence in the Sleman District Court Decision No. 527/Pid.Sus/2020/PN Smn, law enforcement in Indonesia faces major challenges in the form of cross-border crimes, limitations in digital forensics, and the lack of strong international cooperation, which has made it difficult to achieve concrete criminal liability in many major cases such as BPJS Kesehatan and KPU.
Legal Protection For Victims Of Sexual Violence In Legal Abortion Services Japono, Saskia Salsabila; Waluyo, Bambang
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2555

Abstract

This study aims to examine legal regulations that guarantee protection for victims of sexual violence in Indonesia, including the fulfillment of women's rights to obtain legal abortion services due to pregnancy resulting from sexual violence. The background of this study is based on the limited access of victims to safe abortion services despite being regulated in legislation. This study is important to assess the gap between legal norms and practices in the field in protecting victims. The method used is normative juridical with analysis of laws and regulations and other legal norms through literature study. The results of the study show that although Law Number 12 of 2022 concerning Sexual Violence Crimes, the Health Law, and the new Criminal Code have provided a legal basis for victims to access safe abortions, their implementation is still hampered by limited facilities, social stigma, and a lack of understanding among officials and medical personnel. In conclusion, it is necessary to strengthen the implementation of regulations and increase the understanding of stakeholders. The novelty of this research lies in its comprehensive analysis of the relationship between victim protection regulations and the implementation of legal abortion in Indonesia.