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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.v5i6.4417

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.v6i1.4450

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.