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All Journal LAW REFORM Sosiohumaniora JURNAL LITIGASI (e-Journal) Jurnal Ilmiah Hukum dan Dinamika Masyarakat JURNAL IQTISAD: Reconstruction of Justice and Welfare for Indonesia Unes Law Review GANEC SWARA Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Ilmu Hukum Tambun Bungai Era Hukum: Jurnal Ilmiah Ilmu Hukum UNTAG Law Review Jurnal JURISTIC (JuJUR) Administrative and Environmental Law Review Notary Law Research Journal Philosophy of Law Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Jurnal Suara Pengabdian 45 JURNAL CITA HUKUM INDONESIA Notary Law Research
Siti Mariyam
Fakultas Hukum Universitas 17 Agustus 1945 Semarang
Agriculture, Biological Sciences & Forestry Arts Humanities Economics, Econometrics & Finance Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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CORPORATE CRIMINAL LIABILITY IN ELECTRONIC TRANSACTION CRIME: A REVIEW OF VICARIOUS LIABILITY AND STRICT LIABILITY THEORY FOR ECONOMIC LEGAL CERTAINTY Anggaito Hadi Prabowo; Krismiyarsi Krismiyarsi; Siti Mariyam
Journal Philosophy of Law Vol 6, No 2 (2025): Journal of Philosophy of Law
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v6i2.7380

Abstract

Abstract The development of information and communication technology has fundamentally transformed the global economic paradigm, positioning the corporation as the principal actor driving electronic transaction while simultaneously opening new avenue for systemic, profit-oriented cybercrime. Indonesia's Electronic Information and Transaction Law, most recently amended by Law No. 1 of 2024, recognises the corporation as a criminally liable legal subject, yet implementation continues to face the substantial obstacle of proving corporate fault within an anonymous, technically complex transaction environment. This article examines the doctrinal limitation of the classical identification theory in addressing electronic transaction crime and evaluates the potential contribution of vicarious liability and strict liability theory toward reorienting corporate criminal-liability doctrine to achieve economic legal certainty. Employing a normative legal method with statutory, conceptual, and comparative approaches, the article finds that the identification theory's continued reliance on locating individual mens rea within a corporation's directing mind renders liability difficult to establish precisely where electronic transaction crime is most likely to occur, namely within a diffuse, technically mediated organisational process no single directing individual fully controls, and that a carefully bounded application of vicarious and strict liability, calibrated by offence category rather than applied indiscriminately, offers a more coherent doctrinal foundation for corporate accountability in the digital economy.
Reconstructing Personal Data Protection in Indonesia's Digital Transportation Sector: Liability, Contractual Justice, and Cybersecurity Siti Mariyam; Ceprudin; Hillan Syamsudhuha Ahmad el Hariz; Georges Olemanu Lohalo
LITIGASI Vol. 27 No. 2 (2026)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v27i2.63990

Abstract

Indonesia's digital transportation sector faces a tension between mobility efficiency and the vulnerability of users' personal data, as application providers characterise themselves as technology platforms while standard electronic contracts may allocate the risk of data breaches to consumers and driver-partners. This study examines how Minister of Transportation Regulation Number 118 of 2018 and Law Number 27 of 2022 concerning Personal Data Protection should be synchronised in determining the responsibility of application providers, to what extent exoneration clauses are compatible with contractual justice and data protection law, and what regulatory architecture should integrate cybersecurity into digital transportation governance. Using normative legal research with statutory and conceptual approaches, the study analyses legislation, literature, and the standard terms and privacy policies of dominant application providers through operational indicators of legal certainty and of commutative, distributive, and procedural justice. The findings demonstrate that regulatory synchronisation strengthens the normative basis for enhanced liability of application providers for personal data breaches, including a reversed burden of proof in consumer claims, and supports a stricter liability regime for high-risk processing as a proposal for future legislation. Exoneration clauses that transfer the provider's liability are void by operation of law without invalidating the whole contract, while personal data may constitute additional economic consideration where their processing exceeds what the transport service requires. The study proposes an Integrated Digital Transportation Data Governance Framework built on regulatory integration, platform accountability, contractual justice, and risk-based cybersecurity governance, including tiered certification, impact assessments, and coordinated supervision.
Peran Dokter Kandungan Dalam Menjaga Kesehatan Ibu Hamil Dan Menurunkan Angka Kematian Ibu M Mosjab; Siti Mariyam
Jurnal JURISTIC Vol 7, No 02 (2026): Jurnal JURISTIC
Publisher : PSHPM Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jrs.v7i02.7408

Abstract

Maternal Mortality Rate (MMR) still remains a significant public health issue in Indonesia. The role of obstetricians and midwives is crucial in efforts to reduce maternal mortality through quality maternal healthcare services. This study discusses the role of obstetricians in maintaining the health of pregnant women and lowering MMR in accordance with the latest regulations and applicable healthcare practices. The method used is a literature study by analyzing various laws, regulations, health statistics data, as well as national and international scientific journals. The results of the study indicate that obstetricians play an important role in three main aspects: early prevention through pre-marital education and counseling, comprehensive management of pregnancy up to the childbirth process, and handling emergency obstetric complications. The implementation of the latest regulations, such as Law Number 4 of 2024 on Maternal and Child Welfare and Government Regulation Number 28 of 2024, demonstrates the government's commitment to improving the quality of maternal healthcare services. The research conclusion emphasizes that enhancing the role of obstetricians through improved competence, balanced distribution of medical personnel, and strengthening the referral system can make a significant contribution to reducing maternal mortality rates in Indonesia.
Co-Authors Adhi Putra Satria ADHI PUTRA SATRIA Agus Wibowo Agus Widodo Andi Wasis Anggaito Hadi Prabowo Ceprudin Ceprudin Ceprudin Eri Setiawan Eva Arief Georges Olemanu Lohalo Hadi Karyono Hadi Karyono Hillan Syamsudhuha Ahmad el Hariz Krismiyarsi Krismiyarsi Krismiyarsi Kunarto Kunarto Kunarto M Mosjab M. Samsudin Mahmuda Pancawisma Febriharini Mahmuda Pancawisma Febriharini Markus Suryoutomo Masrkus Suryoutomo Mig Irianto Nuraeni Nuraeni Rifzaldi Nasri Satria, Adhi Putra Sri Hartati Yusuf Ibrahim Arowosaiye