Claim Missing Document
Check
Articles

Optimizing Digital Forensics for Effective Cybercrime Law Enforcement in Indonesia Lilik Prihatini; Lasmin Alfies Sihombing; Yeni Nuraeni
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.443-457

Abstract

This study aims to analyze the optimization of digital forensic technology in enhancing the effectiveness of cybercrime law enforcement. The research method used a descriptive-analytical qualitative approach, involving in-depth interviews with cybercrime investigators, digital forensic experts, and legal practitioners, as well as documentation studies and non-participatory observations in digital forensic laboratories. The data were analyzed using an interactive analysis model to ensure the validity and reliability of the findings through triangulation techniques. The novelty of this research lies in its focus on the practical integration of digital forensic technology within law enforcement processes, particularly in examining the relationship between technological capability, human resource competence, and regulatory readiness in supporting cybercrime investigations. The findings reveal that the effectiveness of law enforcement is strongly influenced by the quality of digital evidence handling, the availability of standardized forensic procedures, and cross-sector collaboration among institutions. Furthermore, this study identifies those technological disparities, limited institutional capacity, and the lack of continuous training programs significantly affect the consistency and accuracy of investigation outcomes. Based on the research, it is concluded that optimizing digital forensic technology requires strengthening institutional capacity, improving investigator competence, enhancing infrastructure, and developing more responsive and integrated legal frameworks to ensure effective, accountable, and sustainable cybercrime law enforcement.
Reconstructing Global Health Law Post-Pandemic: Juridical Analysis of IPR and Equitable Access under WHO Pandemic Treaty Salma Farha Nabila; Lasmin Alfies Sihombing; Yeni Nuraeni; Yenny Febrianty
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.458-472

Abstract

This study examines the juridical architecture of global health law in the post-pandemic context, focusing on the tension between intellectual property rights (IPR) protection and equitable access to medical resources. The COVID-19 pandemic exposed structural weaknesses and inequalities in global health governance, particularly in the distribution of vaccines and essential medical technologies. This research aims to analyze how the evolving WHO Pandemic Treaty framework can serve as an integrative legal instrument to reconcile these competing interests. The study employs a normative juridical method using statutory, conceptual, and case-based approaches, supported by qualitative legal analysis and the IRAC method to structure legal reasoning. The findings reveal that the current global health law architecture remains dominated by the IPR regime, which prioritizes innovation protection but inadequately ensures equitable access, especially for developing countries. Furthermore, mechanisms such as TRIPS flexibilities have not been effectively operationalized due to political, structural, and institutional constraints. The study also finds that global responses during the pandemic were shaped by power asymmetries and economic capacity rather than public health needs, leading to systemic inequities. As a novel contribution, this research highlights the potential of the WHO Pandemic Treaty as a transformative legal framework capable of integrating distributive justice principles, strengthening IPR flexibilities, and establishing binding obligations for equitable access. However, its effectiveness depends on robust normative design, enforceability mechanisms, and sustained political commitment from member states.
Analysis of Corporate Criminal Liability in Consumer Protection Crimes in Indonesia after the Enactment of Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code Andreas Daniel Libri Anugrah Situmeang; Lasmin Alfies Sihombing; Yeni Nuraeni
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.750-772

Abstract

The practice of abusing the corporate veil as a shield for organized economic crime has caused massive losses to consumers and created serious loopholes for impunity for the intellectual actors involved. Therefore, this study aims to analyze the urgency of expanding the Piercing the Corporate Veil doctrine from the civil realm into criminal law as a progressive law enforcement instrument. In addition, this study also aims to formulate a model of criminal liability that is capable of ensnaring the actual beneficial owners in order to optimize restorative justice and restitution for the victims. To answer these questions, this study uses a normative juridical research method using a legislative and conceptual approach that is analyzed qualitatively and normatively based on a literature review. The extension of the Piercing the Corporate Veil (PCV) doctrine into the realm of criminal law through Law Number 1 of 2023 marks a fundamental transformation in prosecuting intellectual actors and beneficial owners behind corporate crimes. This extension effectively dismantles the limited liability immunity that is often abused, thereby providing a strong legal basis for the application of restorative justice through the optimization of asset restitution for victims of consumer protection crimes. Ultimately, the success of implementing this new paradigm depends heavily on cross-institutional synergy among law enforcement agencies in tracking assets and promoting a culture of corporate compliance in order to create an accountable business ecosystem.
Legal Protection for Doctors in Performing Medical Actions after the Enactment of Law of the Republic of Indonesia Number 17 of 2023 concerning Health at Siloam Hospital, Bogor City Frieda Krisnawaty; L. Alfies Sihombing; Yeni Nuraeni
Journal of Law and Social Politics Vol. 4 No. 3 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i3.120

Abstract

Objective: This study aims to analyze the construction of legal protection for medical personnel and the pattern of hospital accountability in the implementation of medical actions after the enactment of Law Number 17 of 2023 concerning Health. Methods: The method used is normative juridical with an empirical approach through literature studies, analysis of laws and regulations, and interviews. Results: The results of the study show that the legal protection of medical personnel has been positivized in Article 273 paragraph (1) letter a of Law No. 17 of 2023, while the obligation of hospitals obtains an operational basis through Article 851 of PP No. 28 of 2024. A case study at Siloam Hospital in Bogor City shows the implementation of protection through a layered mediation and supervision mechanism by the Medical Committee, MKEK, and MKDKI. Conclusion: However, obstacles were found in the implementation of Law Number 17 of 2023 concerning Health, in the form of suboptimal synchronization of derivative regulations, weak implementation of informed consent, and high potential lawsuits that are not always based on medical professional assessments.
THE URGENCY OF REVISING THE REGULATIONS ON LEGAL REVIEW EFFORTS TO ACHIEVE JUSTICE AND LEGAL CERTAINTY Resi Nurul Hasanah; Alfies Sihombing; Yeni Nuraeni
Awang Long Law Review Vol. 8 No. 4 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i4.2156

Abstract

Law enforcement in the Indonesian rule of law, based on Pancasila and the 1945 Constitution, aims to achieve justice, legal certainty, and utility in a balanced manner. However, in practice, there are still various problems, such as the declining public trust in law enforcement agencies and inconsistencies in judicial decisions. One of the crucial problems is the regulation of the legal remedy of judicial review (PK) which still places the authority of examination and decision-making in the same institution, namely the Supreme Court, thereby potentially causing conflicts of interest and reducing the objectivity of the judiciary. This research aims to analyze the urgency of renewing the regulation of judicial review in realizing justice and legal certainty. The research method used is normative legal research with a library approach, thru the analysis of relevant primary and secondary legal materials. The research results indicate that reform of the review regulation is necessary thru the strengthening of checks and balances mechanisms, including considering the involvement of other institutions outside the Supreme Court and the reaffirmation of the novum criteria as the main requirement for submitting a review. Thus, these reforms are expected to enhance the effectiveness of the review as an instrument of justice and strengthen the integrity of the judicial system in Indonesia.
Sexual Grooming of Children Mode through Live Streaming: Legal Gaps in the Face of Anonymity of Online Transactions L. Alfies Sihombing; Yeni Nuraeni; Wahyudi Wahyudi; Loso Judijanto; Abidah Abdul Ghafar
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.28259

Abstract

The rapid development of digital technology has enabled new forms of child sexual exploitation, including sexual grooming conducted through live-streaming platforms. This phenomenon demonstrates not only the heightened vulnerability of children in cyberspace but also the limitations of national legal frameworks in addressing crime patterns characterized by anonymity and online financial transactions. This study employs a combined normative and empirical juridical approach to provide a comprehensive understanding of online grooming cases in Indonesia. The normative component analyzes statutory provisions, child protection laws, and digital platform regulations to identify the intended legal protections for children. The empirical component complements this by collecting first-hand insights through semi-structured interviews with law enforcement officers, representatives of the Indonesian Child Protection Commission (KPAI), digital platform operators, and victim support companions. The integration of these approaches reveals gaps between legal norms and enforcement practices, particularly regarding institutional constraints, reporting mechanisms, and socio-technical challenges faced in case handling. The findings show that grooming through live streaming involves complex psychological manipulation facilitated by platform features that allow perpetrators to maintain anonymity. Current regulations do not explicitly recognize online grooming as a distinct criminal offense, nor do they adequately address anonymous electronic transactions commonly used in this crime. Court decisions also illustrate inconsistencies in legal application due to the absence of specific norms governing technology-based grooming. These findings highlight the urgency of reformulating national legal policies by introducing explicit criminal norms on digital grooming, strengthening penalties for online media–based sexual crimes, and regulating anonymous online transactions. The study further recommends enhancing the role of digital financial institutions and technology platforms in prevention, monitoring, and reporting mechanisms. In addition, community-based education and preventive interventions are essential to complement law enforcement efforts and create a safer digital environment for children.
Unraveling The Tangled Threads in The Handling of Corruption Crime & Its Impact on The Effectiveness of The Criminal Justice System in Indonesia Alfies Sihombing; Yeni Nuraeni
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.50255

Abstract

Handling corruption in Indonesia is a crucial issue that affects the integrity and effectiveness of law enforcement. Based on Law No. 31 of 1999 amended by Law No. 20 of 2001, corruption includes various acts that harm state finances, such as abuse of authority and bribery. Data from Transparency International shows that corruption remains a serious problem with Indonesia's Corruption Perception Index in 2023 scoring 34 out of 100. This research aims to provide academic insights and practical policy recommendations to improve the effectiveness of law enforcement and corruption eradication in Indonesia. The main focus of this research is on institutional reform, improving supervision, and strengthening accountability to strengthen the integrity of the criminal justice system and increase public trust in law enforcement institutions. This research uses a normative juridical methodological approach by utilizing various analytical techniques, including comparative, conceptual, and statutory approaches. This research shows that structural and procedural weaknesses in handling corruption in Indonesia, such as unclear legal definitions and weak institutional coordination, hinder the effectiveness of corruption eradication. Legal reforms, structural improvements, and strengthened oversight are needed to improve the justice system, build public trust, and support equitable social and economic development.
THE POSITION OF NUMERAL CHILDREN IN THE INHERITANCE SYSTEM OF ISLAMIC LAW AND BADUY CUSTOMARY LAW Faisal Hardiansyah; Yeni Nuraeni; Mahipal
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 2 (2026): Journal Indonesia Law and Policy Review (JILPR), February 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i2.754

Abstract

This study aims to analyze the position of adopted children in the inheritance system of Islamic Law and Customary Law of the Baduy Tribe, as well as to examine the application of inheritance law to adopted children in the Baduy community who adhere to Sunda Wiwitan and who are Muslim. The background of this study is based on the fundamental differences between Islamic Law and Baduy Customary Law in determining the inheritance rights of adopted children. In Islamic Law, adopted children do not have a lineage relationship with adoptive parents so they do not have the right to inherit directly, whereas in Baduy Customary Law adopted children can be treated equally with biological children based on customary recognition and acceptance. The research method used is a normative-empirical juridical approach with a statutory, conceptual, and sociological approach. Data were obtained through library studies and field research conducted in the Baduy Customary community. Data were analyzed qualitatively to obtain an overview of the application of inheritance law to adopted children in community practice. The results of the study indicate that in the perspective of Islamic Law, adopted children are not included as legal heirs, but can obtain a share of assets through a grant or mandatory will of up to one-third of the inheritance of the adoptive parents. In contrast, in Baduy customary law, adopted children who have been accepted as family members have almost the same status as biological children and can obtain rights to family property based on deliberation and applicable customary provisions. The application of inheritance law in Baduy society demonstrates the interaction between Islamic and customary law values ??aimed at maintaining justice, family harmony, and social order. The main difference between the two legal systems lies in the basis for determining inheritance rights, namely lineage relations in Islamic law and social-family relations in Baduy customary law.
Konstruksi Pertanggungjawaban Pidana Beneficial Owner dalam Tindak Pidana Pencucian Uang Korporasi Ditinjau dari Asas Strict Liability Rachmatin Artita; Alfies Sihombing; Yeni Nuraeni
Jurnal Sakato Ekasakti Law Review Vol. 5 No. 2 (2026): Jurnal Sakato Ekasakti Law Review
Publisher : LPPM Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/d8n1kp84

Abstract

Evolusi kejahatan finansial modern menunjukkan bahwa korporasi kerap disalahfungsikan sebagai sarana kejahatan dan perisai hukum oleh beneficial owner non-formal melalui struktur korporasi cangkang dan perjanjian nominee. Ketergantungan penegakan hukum pada formalitas dokumen perseroan menciptakan celah impunitas dan jarak pembuktian yang memutus relasi kausalitas antara pelaku intelektual dengan aliran dana ilegal. Kondisi tersebut diperparah oleh kompleksitas pembuktian kesalahan subjektif (mens rea) yang berakibat pada kegagalan proses pemulihan aset (asset recovery) bagi kas negara. Penelitian ini bertujuan untuk mengonstruksikan pertanggungjawaban pidana beneficial owner non-formal dalam Tindak Pidana Pencucian Uang (TPPU) korporasi melalui doktrin alter ego, piercing the corporate veil, serta rekonseptualisasi asas strict liability. Penelitian ini menggunakan metode hukum yuridis-normatif dengan pendekatan perundang-undangan, konseptual, dan kasus, yang dianalisis secara kualitatif melalui penalaran deduktif dan penafsiran sistematis-teleologis. Hasil penelitian menunjukkan bahwa pertanggungjawaban pidana beneficial owner non-formal dapat dikonstruksikan secara efektif melalui perluasan doktrin alter ego dan instrumen piercing the corporate veil untuk menembus status non-struktural pengendali bayangan. Adopsi asas strict liability secara terukur dengan tetap menjamin prinsip due process of law serta ruang pembelaan prosedur bagi entitas beritikad baik sangat mendesak untuk diterapkan guna memangkas hambatan pembuktian unsur kesalahan subjektif. Integrasi kerangka doktriner ini mampu menutup celah impunitas aktor intelektual dan mengakselerasi pengembalian aset hasil kejahatan secara optimal dalam sistem peradilan pidana ekonomi.