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All Journal Jurnal Sosial dan Sains Rechtsnormen Journal of Law Asian Journal of Social and Humanities
Nurlaela, Siti Chusnul
Unknown Affiliation
Astronomy Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics

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The Power of Proving the Testimony of a Child Without Being Sworn in Proving the Indictment of the Crime of Child Intercourse Nurlaela, Siti Chusnul; Nurdin, Boy
Rechtsnormen Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1652

Abstract

Background: The testimony of children in criminal cases, particularly in cases of child intercourse, often presents significant challenges in Indonesia’s legal system. The issue arises when children provide testimonies without being sworn in, raising questions about their evidentiary value. Despite existing legal provisions, the criminal justice system faces difficulties in balancing the protection of children’s rights and ensuring the credibility of their testimonies. Objectives: This study aims to analyze the evidentiary power of child testimony without an oath in proving the indictment of child intercourse crimes. It seeks to identify gaps in regulation and implementation and provide recommendations for improving judicial practices. Methods: The study employs a qualitative approach, analyzing Indonesian legal provisions, case studies, and international comparisons. Data were collected from legal documents, court rulings, and interviews with legal practitioners. Research Findings: The findings indicate inconsistencies in judicial practices regarding child testimony. Factors influencing the credibility assessment include the child’s age, consistency of statements, and supporting evidence. The study highlights a disconnect between legal frameworks and their practical application. Conclusion: The study concludes that legal reform, enhanced capacity building for law enforcement, and a multidisciplinary approach are crucial for improving the handling of child testimonies. These measures can strengthen the criminal justice system while safeguarding children’s rights.
Beyond Digital Borders: A Comparative Analysis of Legal Frameworks for Digital Evidence in Child-Related Crime Investigations Nurlaela, Siti Chusnul; Mandala, Subianta
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.565

Abstract

Digital evidence in child-related crime investigations presents unique challenges for legal systems worldwide, particularly as such crimes increasingly transcend national borders. The intangible, volatile, and jurisdictionally complex nature of digital evidence raises fundamental questions about how different legal frameworks address collection, preservation, and admissibility in these sensitive cases. Objectives. This study aims to identify and analyze key differences in legal frameworks governing digital evidence in child-related crime investigations across the European Union, United States, and United Kingdom, with specific focus on authority requirements, procedural standards, and cross-border evidence exchange mechanisms. Methods. Through comparative legal analysis of primary legal texts, case law, and secondary literature, this research examines the procedural requirements, technical standards, and jurisdictional approaches to digital evidence across the selected jurisdictions. Research Findings. The analysis reveals distinct regulatory models: the EU employs a structured judicial oversight model through instruments like the European Investigation Order and the emerging e-evidence package; the US CLOUD Act facilitates direct public-private cooperation through streamlined court orders and bilateral agreements; and the UK relies on Criminal Procedure Rules and traditional Mutual Legal Assistance Treaty processes with emphasis on maintaining strict chain of custody. Significant variations exist in authority requirements, technical standards for evidence authentication, and mechanisms for cross-jurisdictional cooperation. These jurisdictional differences create practical challenges for cross-border investigations, particularly concerning cloud-stored data and child sexual abuse material. The study proposes a harmonized approach that balances investigative efficiency with privacy protections and addresses the unique vulnerabilities of child victims, while respecting different legal traditions.
The Urgency Of Revising The Electronic Information And Transactions Law To Ensure Copyright Protection Of Music In Digital Transmission Within The Creative Economy Era Nurlaela, Siti Chusnul
Jurnal sosial dan sains Vol. 5 No. 7 (2025): Jurnal Sosial dan Sains
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsosains.v5i7.32413

Abstract

Digital transformation has changed the face of the music industry in Indonesia. Music can now be easily accessed, disseminated, and enjoyed through various digital platforms. However, this convenience is not accompanied by adequate legal protection of copyright, especially in the context of digital transmission. The Electronic Information and Transaction Law (ITE Law) has not explicitly protected musical works from violations committed in the digital realm. This paper examines the urgency of reforming the ITE Law in ensuring legal protection of music copyright, through a normative approach with an analysis of laws and regulations and scientific literature. The results of the study show that the revision of the ITE Law is crucial to accommodate technological developments and the creative economy, as well as provide legal certainty for music industry creators and players.
Co-Authors Aminuyati Subianta Mandala, Subianta