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All Journal Karunia: Jurnal Hasil Pengabdian Masyarakat Indonesia Ipso Jure Journal of Strafvodering Indonesian Ipso Jure Journal of Strafvordering Indonesian Journal of Adat Recht
Harly Clifford Jonas Salmon
Universitas Pattimura
Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Engineering Health Professions Law, Crime, Criminology & Criminal Justice Other

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Journal : Ipso Jure

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Cybercrime and Law Enforcement Challenges in the Society 5.0 Era: A Modern Criminal Law Perspective Hendri Khuan; Saptaning Ruju Paminto; Harly Clifford Jonas Salmon
Ipso Jure Vol. 2 No. 4 (2025): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6kj9p298

Abstract

Abstract The Society 5.0 era brings deep integration between the physical and digital worlds, supported by technologies such as artificial intelligence (AI), Internet of Things (IoT), and big data. Behind these innovations, a new threat emerges in the form of cybercrime that is increasingly complex, anonymous, cross-border, and difficult to track. Cybercrime in this context does not only target individuals, but also strategic infrastructure, with the potential to disrupt social and economic stability. Indonesia's criminal law system, especially through the ITE Law, has not been fully able to keep up with this dynamic. Many of the provisions are multi-interpreted and focus on cracking down on content, rather than strategic digital crimes such as hacking, cyberespionage, or ransomware attacks. The limitations of digital forensics, the lack of international cooperation, and the lack of optimal digital proof regulations aggravate law enforcement. The descriptive normative legal research method in this study shows the urgency of criminal law reform that is more adaptive, collaborative, and technology-based. A new approach is needed that prioritizes the principles of digital justice, good governance, and cyber ethics to answer the challenges of transnational cybercrime. Without these reforms, Indonesia risks experiencing a justice deficit and is increasingly lagging behind in the legal response to digital crime in the Society 5.0 era. Therefore, the renewal of the criminal law paradigm is a necessity to maintain national digital security and sovereignty.
Corporate Accountability in Major Corruption Cases: The Efficacy of Criminal Sanctions Under the New Criminal Code Law Frans Reumi; Harly Clifford Jonas Salmon
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.35

Abstract

This study aims to analyze the effectiveness of corporate criminal liability for major corruption crimes based on Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code). Using the normative juridical method, this study examines the change in the criminal law paradigm from an individualistic orientation to the recognition of corporations as independent criminal law subjects. The results of the study show that the new Criminal Code provides a comprehensive legal basis for the application  of the principle of corporate criminal liability, through explicit provisions in Articles 45-51 that affirm the form of offense, the mechanism of proof, and the type of criminal sanctions against corporations. Additional crimes such as freezing business activities, dissolving corporations, and state supervision are considered more efficient in encouraging institutional reform than fines alone. However, the effectiveness of implementing this norm is still faced with institutional challenges, limited law enforcement capacity, and the need for uniform prosecution guidelines. Conceptually, the new Criminal Code marks the transformation of national criminal law towards a system that emphasizes a balance between substantive justice, legal certainty, and social benefit. Consistent, proportionate, and evidence-based law enforcement is the key to the realization of the rule of law against corporate entities in Indonesia.
Co-Authors Achmad Fitrian Adi Gunawan Armelia Febryanty Waas Dita Ayudia Pratiwi Frans Reumi H.Z. Wadjo Hadibah Zachra Wadjo Hendri Khuan Ika Dwimaya Roz Nugrah Gables Manery Parningotan Malau Rumangun, Johan., Pieter., Elia Saimima, Judy Marria Saptaning Ruju Paminto Wildani Khotami