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All Journal Arena Hukum Jurnal Akta Varia Justicia Unes Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Business, Law, and Education ARRUS Journal of Social Sciences and Humanities International Journal of Educational Review, Law And Social Sciences (IJERLAS) Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Jurnal Multidisiplin Madani (MUDIMA) Riwayat: Educational Journal of History and Humanities
Faizin Sulistio
Fakultas Hukum, Universitas Brawijaya, Malang, Indonesia
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Physics Public Health Social Sciences Other

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POLICY ON THE LEGAL REGULATION OF CRIMINAL ACTS INVOLVING THE MISUSE OF ARTIFICIAL INTELLIGENCE DEEPFAKES Amalia Andayani Nugraha; Faizin Sulistio; Patricia Audrey Ruslijanto
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4416

Abstract

The development of artificial intelligence (AI) technology has brought significant advances in various areas of human life, but on the other hand, it has also created new challenges in the legal field, especially through the emergence of deepfake technology. Deepfake technology utilizes AI to manipulate images, videos, and voices of individuals to appear realistic, which in practice is often misused for purposes such as fraud, pornography, spreading hoaxes, and damaging reputations. Indonesia currently has no specific regulations governing the misuse of deepfake technology, so law enforcement still relies on general provisions such as the Criminal Code, the Electronic Information and Transaction Law, the Personal Data Protection Law, and the Sexual Violence Criminal Law. This legal vacuum or incompleteness causes legal uncertainty and potential violations of the principle of legality. Through a criminal law policy approach, adaptive legal reforms are needed to keep pace with developments in digital technology. Efforts that can be made include revising the Electronic Information and Transaction Law as lex specialis that regulates provisions on deepfakes or formulating specific regulations on artificial intelligence (AI) that comprehensively regulate ethical aspects, responsibility, and criminal liability. This policy is expected to provide certainty, justice, and protection of individual rights in facing the legal challenges of the digital era in Indonesia.
THE ROLE OF AMICUS CURIAE IN IMPROVING THE QUALITY OF JUDICIAL DECISIONS IN CRIMINAL CASES IN INDONESIA Yessika Florencia; Milda Istiqomah; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4417

Abstract

The criminal justice system in Indonesia has not explicitly regulated the requirements, procedures for submitting, and the position of amicus curiae in the criminal justice system in Indonesia. There are judges who reject the submission of Amicus curiae because there is no procedural law governing it, judges argue that procedural law in the judicial process is very important in realizing legal certainty in Indonesia. Meanwhile, judges who accept amicus curiae applications use Article 5 paragraph (1) of Law No. 48 of 2009 concerning Judicial Power as the basis for accepting amicus curiae in trials. Progressive judges use Amicus curiae in their consideration of their decisions both from a philosophical, juridical and sociological perspective, where the hope is that the judge's decision will not only provide legal certainty but also truly provide a sense of justice and benefit to the parties. This study aims to determine the role of amicus curiae or friends of the judiciary in improving the quality of judges' decisions in the criminal justice system process in Indonesia. This research uses normative juridical method by using statutory approach and comparative approach. The results showed that the existence of amicus curiae can make a positive contribution to the decision of criminal cases in Indonesia. It is time for a regulation regarding the role and position of amicus curiae in the criminal justice system in Indonesia, so that there is an increase in the quality of decisions by accommodating the values of life and development in society.
IMPLICATIONS OF PERSONAL DATA LEAKS FROM THE PUBLICATION OF JUDICIAL DECISIONS IN THE SUPREME COURT DECISION DIRECTORY ON PERSONAL DATA PROTECTION Roni Evi Dongoran; Nurini Aprilianda; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4450

Abstract

The publication of court decisions in the Indonesian Supreme Court Decision Directory is a form of public information disclosure. However, in practice, these publications often contain the personal data of the parties involved, such as their National Identification Number, full address, and the identity of victims, even in cases where this information should be redacted. This situation creates the potential for personal data leaks that could open up opportunities for information misuse, violate privacy rights, and pose security risks. This study aims to analyze the implications of personal data leaks originating from the publication of court rulings in the Supreme Court's ruling directory on personal data protection in the era following the enactment of Law-Law Number 27 of 2022 concerning Personal Data Protection and the issuance of the Supreme Court Chief Justice's Decree Number 2-144/KMA/SK/VIII/2022 concerning Public Information Service Standards in Courts. The research method used is normative juridical with a legislative, case analysis, and conceptual approach, supplemented by a study of examples of publicly published decisions. The results of the study show that there are still discrepancies between the practice of publishing decisions and the obligation to protect personal data. These findings indicate the need to strengthen editorial policies, obscuring standards, and internal monitoring mechanisms so that the openness of judicial information does not sacrifice the privacy rights of the public. This study is expected to contribute to improving the governance of decision publication and strengthening the personal data protection regime in Indonesia.
REPOSITIONING THE VICTIM’S LEGAL STANDING: TRANSFORMING UNLAWFUL ACT LAWSUITS INTO SUBSTANTIVE RESTITUTION EXECUTION CERTAINTY IN ASSAULT CASES UNDER LAW NO. 20 OF 2025." Stefanus Fernandus Pardosi; Faizin Sulistio; Djumikasih
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.5094

Abstract

This study examines the paradigm shift in criminal procedure law, moving from an offender-centered focus toward the restoration of victim rights through restitution mechanisms. Article 101 of the old Criminal Procedure is considered to have failed in providing effective justice because it positioned compensation as an "accessory" claim subject to civil procedure. This placed the burden of independent proof on the victim and resulted in court orders that were difficult to execute. Using normative legal research with a conceptual approach, this study analyzes the urgency of Law No. 20 of 2025 (the New Criminal Procedure Code), effective as of January 2, 2026. The results indicate that Articles 183-192 of the New Criminal Procedure Code carry out a significant transformation by fully integrating restitution into the criminal justice system. This innovation shifts the burden of proof to the Public Prosecutor and provides enforcement power through substitute imprisonment for offenders who refuse to pay. This procedural transformation cuts through the complexity of judicial bureaucracy and guarantees legal certainty and substantive recovery of victim rights. This arrangement serves as a solution to the legal vacuum and the ineffectiveness of the old mechanism, particularly in ordinary criminal cases, to realize comprehensive restorative justice.
The Prospects of Sentencing Artificial Intelligence Based Autonomous Agents Faizin Sulistio; Haru Permadi; Achmad Aldy Hifdillah; Oppy Pramudya Wisnu Wardhana
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.51652

Abstract

This research examines the prospect of criminalizing autonomous agents based on Artificial Intelligence (AI) from the perspective of Indonesian criminal law. The object of research focuses on autonomous AI agents that are capable of operating and making decisions independently. The research objective is to analyze the legal challenges arising from AI's ability to perform potentially unlawful acts, as well as explore potential approaches in formulating an appropriate legal framework. The method used was doctrinal and comparative analysis, reviewing legal literature, policies, and global best practices related to AI regulation. The results show that Indonesia's current criminal law system is inadequate to accommodate the complexities of autonomous AI agents. Key challenges include the concept of mens rea, appropriate forms of sanctions, and determining the subject of liability. This research proposes several approaches, including the expansion of the concept of criminal law subject, the development of a layered liability model, and the reformulation of the form of criminal sanctions. In conclusion, comprehensive and interdisciplinary criminal law reform is needed to accommodate the reality of AI technology, while maintaining the fundamental principles of criminal law such as justice and legal certainty.
Legal Implications of Juvenile Sentencing Beyond the Prosecutor's Indictment Gusti Dewi Anggraini Puteri; Prija Djatmika; Faizin Sulistio
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1472

Abstract

This study examines the legal implications of juvenile sentencing beyond the prosecutor’s indictment in Decision Number 3/Pid.Sus-Anak/2023/PN Bir concerning attempted aggravated theft with violence. The research aims to analyze the judicial reasoning underlying the decision and its juridical consequences within the Indonesian juvenile justice system. Employing a normative legal research method with statutory and case approaches, the study analyzes primary, secondary, and tertiary legal materials through grammatical, systematic, and teleological interpretation. The findings reveal that although the indictment under Article 365(2) of the Criminal Code was not fully proven, the court convicted the child based on an uncharged but related and less severe offense, namely attempted aggravated theft. While such a decision appears inconsistent with the indictment principle under the Criminal Procedure Code, it remains aligned with established jurisprudence permitting conviction for a similar, less serious offense. Nevertheless, the ruling raises concerns regarding legal certainty, due process, and the protection of children's rights, particularly the principle of imprisonment as a measure of last resort.
Regulatory Gaps in Addressing Cyber Begging in Indonesia A Criminal Policy Perspective Maulana Dahlan; Yuliati; Faizin Sulistio
ARRUS Journal of Social Sciences and Humanities Vol. 6 No. 4 (2026)
Publisher : PT ARRUS Intelektual Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35877/soshum5084

Abstract

The rapid advancement of information and communication technology has given rise to cyber begging, a phenomenon whereby individuals exploit digital platforms to solicit financial assistance from the public, often through systematic manipulation of digital empathy. This study aims to analyze the regulatory gaps within Indonesia's criminal law system concerning cyber begging practices and to formulate an ideal criminal policy response. Employing normative legal research through statute, conceptual, and comparative approaches, this study finds that Indonesia's National Criminal Code (Law No. 1/2023) and the Electronic Information and Transactions Law (Law No. 1/2024) fail to comprehensively address the characteristics of cyber begging based on digital empathy exploitation. The essence of cyber begging as a legal problem lies in four core elements: narrative manipulation, empathy exploitation, information asymmetry, and systematic economic orientation. This study proposes a multi-layered regulation model integrating preventive, administrative, and selective penal approaches grounded in the ultimum remedium principle. Criminalization should be restricted to cyber begging involving information manipulation, exploitation of vulnerable groups, and use of false identities, while honest and transparent solicitation of assistance should remain outside the scope of criminal law.
Exploring the Role of Digital Forensics in Identifying Cyber Crime in Indonesia's Criminal Procedure Law Cindy Monique; Yuliati Yuliati; Faizin Sulistio
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4068

Abstract

Digital forensics is an indispensable component in the process of detecting and examining cybercrimes in accordance with the Criminal Procedure Law of Indonesia.This study investigates where digital forensics fits into Indonesia's Criminal Procedure Law for cybercrime detection. As cybercrime rises, it's important to understand how digital forensics can investigate and prosecute cybercrimes. This study examines Indonesian digital forensics law and practice using normative legal research. The author employs normative legal research procedures in this specific legal study. This study found that due to laws, Indonesia needs digital forensics to protect electronic evidence. Treat electronic evidence differently than physical. Indonesian courts' use of digital forensics is valued since cybercriminals can tamper with electronic evidence. The processes manage cybercrime electronic evidence legally. Validation of criminal procedure. Criminal procedural laws must be enforced by police, prosecutors, legal experts, and judges. Police should standardize electronic evidence management with digital forensics. In wealthier nations like the US, digital forensics protects electronic evidence
Co-Authors Abdul Madjid Achmad Aldy Hifdillah Aizahra Daffa Salsabilla Amalia Andayani Nugraha Anissa Larasati Bambang Sugiri Cindy Monique David Mangaraja Lumban Batu Dita Anggraini Sholikhah Djumikasih Enos Syahputra Sipahutar Fanidia Tumanggor Fayadh Ayyasi Regar Gusti Dewi Anggraini Puteri Hanif Nur Widhiyanti Haru Permadi Hensi Septia Utami I Made Bima Cahyadi I Nyoman Nurjaya Laxmi Mahavira Nitisari Maulana Dahlan Milda Istiqomah Muhammad Hanif Ramadhan Nani Susilowati Nazura Abdul Manap Nurini Aprilianda Oppy Pramudya Wisnu Wardhana Patricia Audrey Patricia Audrey Ruslijanto Prija Djatmika Reka Dewantara Roni Evi Dongoran Septianes Nora Kartika Setiawan Noerdajasakti Shilvi Grisminarti Stefanus Fernandus Pardosi Sultan Agung Utami Puspaningsih Yessika Florencia Yudhi Darmansyah Yuliati Yuliati Yuliati Yuliati