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All Journal Jurnal Hukum Novelty Journal of Social Science and Business Studies
Fardiansyah, A. Irzal
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Preventing AI-based phishing crimes across national borders through the reconstruction of personal data protection laws Nurmansyah, Gunsu; Wiranata, I Gede Arya Bagus; Fardiansyah, A. Irzal; Mladenov, Stanislav Vladimirov
Jurnal Hukum Novelty Vol. 15 No. 2 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v15i2.27558

Abstract

Introduction to The Problem: This study focuses on a new form of cybercrime due to advancing technology: AI-based phishing crimes. These crimes involve using artificial intelligence to misuse personal data on digital platforms or applications. Such illicit activities have significant implications and require attention. One significant threat in this context is the rise in AI-based phishing crimes, where attackers use sophisticated AI algorithms to deceive individuals and gain access to their data and information. Establishing solid and comprehensive personal data protection laws is critical to combating AI-based phishing crimes and protecting individuals across national borders. Purpose/Study Objectives: The study's object is cross-border AI-based phishing crimes, a new form of cybercrime due to technological advances. This study aims to analyze the concept of personal data protection in Law Number 27 of 2022 from the perspective of substantive justice and the prevention of AI-based phishing crimes. Design/Methodology/Approach: The author has conducted normative legal research or literature review with a meticulous approach to the principles of criminal law, a comprehensive comparative study of cybercrime law, and an in-depth exploration of the legal history of personal data protection law. Technical analysis, in the form of content analysis, is a series of methods that rigorously analyze the content of all forms of communication, categorizing them into matters related to AI-based cyber phishing, personal data protection regulations, information regulations, and technology. Findings: Law Number 27 of 2022 on Personal Data Protection can prevent phishing crimes through AI by implementing PDP principles adopted from international PDP principles. This can be done by referring to the OECD Guidelines Governing Privacy Protection and Cross-Border Flow of Personal Data and the data protection regulations in Indonesia. Paper Type: Research Article
Formation Of the Commissioner Judge Institution as A Court Supervision Policy (Judicial Scrutiny) Indonesian Criminal Justice System Nurahman, Dwi; Maroni, Maroni; Fardiansyah, A. Irzal; Akib, Muhammad; Tisnanta, HS.
Journal of Social Science and Business Studies Vol. 2 No. 4 (2024): JSSBS
Publisher : Yayasan Gema Bina Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61487/jssbs.v2i4.110

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The idea of the concept of commissioner judges as Preliminary Examination Judge Institutions is the influence of the development of the times, as well as the ratification of the International Covenant on Civil and Political Rights by Indonesia, so that protection of the rights of suspects/defendants becomes the country's main priority in efforts to enforce the law through law enforcement officers. The fundamental function of Criminal Procedure Law is to seek material truth, so it is felt that the Preliminary Examination Judge as a new institution that emerged in the Criminal Procedure Code Bill is a new breakthrough to maintain the Due Process of Law so that it can continue to run according to expectations. It is also hoped that in the future there will be no innocent people who are sentenced without ignoring the interests of the victim. This scientific writing uses the Sociological Legal Research method (socio legal research).
Co-Authors Dwi Nurahman, Dwi Hieronymus Soerjatisnanta Maroni Maroni Mladenov, Stanislav Vladimirov Muhammad Akib Nurmansyah, Gunsu Wiranata, I Gede Arya Bagus