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All Journal Jurnal Greenation Sosial dan Politik Journal of Multidisciplinary Sustainability Asean
Ferdinal, Ocktave
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Computer Science & IT Education Languange, Linguistic, Communication & Media Library & Information Science Social Sciences Other

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Legal Reformulation of Political Rights of Members of the Indonesian National Army to Ensure Democratic Justice and Enforcement of Human Rights Ferdinal, Ocktave; Israhadi, Evita Isretno
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.365

Abstract

Political rights, including the right to vote, are fundamental components of human rights as enshrined in the 1945 Constitution of the Republic of Indonesia—specifically Article 27(1), Article 28D(1), and Article 28E(3)—and further reinforced by Article 43 of Law No. 39 of 1999 concerning Human Rights. These constitutional provisions are consistent with Article 21 of the Universal Declaration of Human Rights, which affirms that “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.” In practice, however, statutory provisions such as Article 39 of Law No. 34 of 2004 on the Indonesian National Army and Article 200 of Law No. 7 of 2017 on Elections explicitly prohibit members of the Indonesian National Army from exercising their right to vote. This raises concerns regarding legal coherence and potential breaches of the principle of non-discrimination. This research examines the legal-political framework regulating the political rights of military personnel and proposes a legal reformulation grounded in the principles of human rights and equitable democratic participation. Employing a normative legal methodology, the study adopts statutory and conceptual approaches informed by the notion of non-discriminatory justice. The findings highlight inconsistencies between current legal norms and constitutional values, advocating for a phased legal reform which distinguishes between active and passive suffrage, supported by independent oversight to uphold military neutrality without infringing upon the constitutional rights of citizens.
Legal Protection Efforts and Policies to Combat Deepfake Porn Crimes with Artificial Intelligence (AI) in Indonesia Ferdinal, Ocktave; Bakir, Herman
Journal of Multidisciplinary Sustainability Asean Vol. 1 No. 6 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/ijmsa.v1i6.1822

Abstract

Background. The rapid development of artificial intelligence (AI)-based technologies, including deepfake, has introduced new challenges to the legal system. Deepfake porn, which manipulates digital content to create fake explicit materials, threatens privacy, dignity, and personal reputation. In Indonesia, existing laws related to pornography and electronic information are insufficient to address these crimes effectively, leaving victims vulnerable. Purpose. This study aims to analyze the legal gaps in addressing AI-based cybercrimes, especially deepfake porn, and propose legal policies to provide better protection for individuals while balancing technological innovation. Method. A qualitative approach was employed, combining doctrinal legal research with case analysis. Legal frameworks, including Indonesia’s Law on Pornography and the Electronic Information and Transactions (ITE) Law, were reviewed alongside global legal precedents on AI misuse. Results. The study reveals that existing laws are outdated in handling AI-driven crimes. There is an urgent need for specific regulations addressing the misuse of AI, particularly in creating and distributing deepfake content. Effective enforcement mechanisms and victim support systems are also lacking. Conclusion. To combat deepfake porn crimes, Indonesia must establish specific legal frameworks regulating AI misuse and ensuring accountability. Clear definitions, strict penalties, and victim protection measures should be integral to these policies.
Co-Authors Bakir, Herman Israhadi, Evita Isretno