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Criminalization of Online Gender-Based Violence (OGBV): Challenges and Solutions in Indonesian Criminal Law Hukumu, Sahrul; Syahrir, Mukum; Lukum, Abdul Fatah
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 1 (2025): HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v3i1.2297

Abstract

Online Gender-Based Violence (OGBV) is an escalating phenomenon in Indonesia, driven by the advancement of digital technology, which enables perpetrators to commit various forms of gender-based violence through online platforms. Data from the National Commission on Violence Against Women (Komnas Perempuan) indicate a sharp rise in OGBV cases, from 1,200 cases in 2018 to 8,500 cases in 2023, suggesting that existing regulations remain insufficient in providing adequate protection for victims. This study aims to analyze the challenges in the criminalization of OGBV in Indonesia and to evaluate the effectiveness of existing regulations, particularly the Electronic Information and Transactions Law (UU ITE) and the Indonesian Penal Code (KUHP). A juridical approach with qualitative analysis is employed, incorporating an examination of current regulations, case studies of court rulings, and interviews with victims and law enforcement officials. The findings reveal that sanctions imposed on perpetrators remain relatively lenient, with only 18% of reported cases being processed by law enforcement, and less than 6% resulting in convictions. Furthermore, existing regulations do not comprehensively address the various forms of OGBV, making it challenging for victims to seek justice. This study underscores the necessity for a more specific and gender-sensitive revision of criminal law to enhance victim protection. The findings are expected to serve as a foundation for policymakers in formulating more effective regulations to combat OGBV in Indonesia.
Efektivitas Hukuman bagi Pelaku Kejahatan Siber di Indonesia: Analisis Kriminologi dengan Metode Content Analysis Syahrir, Mukum; Saktiah
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 1 (2025): Maret 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v3i1.2343

Abstract

Cybercrime has become a significant global threat, with Indonesia experiencing a sharp increase in cyber-related offenses. Reports from the National Cyber and Crypto Agency (BSSN) indicate that cybercrime cases rose from 3,000 in 2018 to 15,400 in 2023, underscoring the need for stricter legal enforcement. Despite existing regulations under the Electronic Information and Transactions Law (UU ITE), penalties often fail to provide a deterrent effect. Around 60% of convicted cybercriminals receive less than three years of imprisonment, while only 15% serve more than five years. This study examines the effectiveness of cybercrime penalties in Indonesia and evaluates their impact on recidivism rates. Using a qualitative approach with content analysis, this study reviews legal documents, court rulings, and expert interviews. A comparative analysis with European Union and United States regulations is conducted to identify best practices. Findings reveal that weak enforcement leads to a recidivism rate exceeding 40% within two years. Additionally, Indonesia’s maximum penalty of six years and a fine of IDR 2 billion remain significantly lower than the EU’s 10-year sentence and fines up to €20 million. Stricter legal reforms, increased sanctions, and regulatory harmonization with global standards are essential to enhancing deterrence and law enforcement effectiveness. This study contributes to the discourse on cybercrime law by highlighting gaps in Indonesia’s legal system and proposing measures to strengthen enforcement.
Building Public Trust in Indonesia’s Legal System: Case Analysis and Social Implications Syahrir, Mukum; Anindito, Firman Dwi; Nugroho, Dwi Cahyo
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 2 (2025): HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/87s1ed19

Abstract

Public trust in the legal system plays a pivotal role in ensuring the legitimacy and effectiveness of law enforcement in democratic societies. In Indonesia, recurring issues such as judicial inconsistency, law enforcement bias, and unequal access to legal services have contributed to a crisis of confidence among citizens. This study aims to investigate the determinants of public trust in Indonesia’s legal system and to explore the broader social implications through a qualitative case study approach. Data were collected using in-depth interviews with key informants—including legal academics, activists, and citizens—complemented by media content, court rulings, and NGO reports. Thematic analysis, facilitated by ATLAS.ti, revealed three primary dimensions of legal trust: procedural justice, distributive justice, and restorative justice. Key findings show that personal experiences with legal institutions, media portrayal of legal cases, and the quality of institutional communication significantly influence public perceptions of the legal system. Participants who experienced discrimination or unequal treatment expressed higher levels of distrust, while others acknowledged the credibility of institutions such as the Constitutional Court. This study also finds that a lack of proactive and empathetic institutional communication undermines transparency and public legitimacy. The research contributes theoretically by integrating sociological and legal perspectives to understand how legal legitimacy is socially constructed. Practically, the findings highlight the need for structural and communicative reforms to rebuild public confidence in legal institutions. Ultimately, this study argues that trust in the legal system cannot be restored solely through legal formalism, but must also involve participatory engagement and equitable access to justice, especially in the context of Indonesia's evolving socio-political landscape.