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All Journal Diponegoro Law Review
Rohman, Aditya Dwi
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Law, Crime, Criminology & Criminal Justice

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CURRENT REGULATIONS AND ANTICIPATIONS ON CRIMINALIZING BLACK CAMPAIGNS FOR THE 2024 REGIONAL HEAD ELECTIONS Mirzana, Hijrah Adhyanti; Anas, Andi Muhammad Aswin; Rohman, Aditya Dwi
Diponegoro Law Review Vol 9, No 2 (2024): Diponegoro Law Review October 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.2.2024.258-276

Abstract

Campaigning plays a critical role in elections, enabling candidates to present their vision, mission, and programs to the public. However, Law Number 8 of 2015, lacks explicit regulations on black campaigning, especially when it occurs via electronic media. This research highlight the Regional Head Election Law only indirectly addresses defamation in Article 69 (b) and (c), which prohibits insults targeting individuals, religions, ethnicities, races, groups, and candidates. Other relevant regulations, such as the Criminal Code and the ITE Law, contain provisions on defamation, hate speech, and incitement, but they are not spesifically regulate in the context of election. This paper examines the urgency of reformulating explicit prohibitions and criminalization of black campaigning within the Regional Head Election Law. Using a normative juridical approach to examines the existing regulations, this research suggests that an amendment to the Regional Head Election Law is necessary to explicitly define and prohibit black campaigning, establishing it as a formal offense and identifying relevant legal subjects. By setting clear prohibitions, this reform would strengthen fairness and integrity in elections, prevent the spread of false information and incitement, and align with the principle of legality, ultimately enhancing the democratic process.
ENHANCING CYBERSECURITY AND LEGAL INTEGRATION: REFORMING INDONESIA'S CYBER LAW TO FOSTER SUSTAINABLE GROWTH IN THE DIGITAL ECONOMY Widayanti, Tri Fenny; Rohman, Aditya Dwi; Haris, A. Nuril Zamharir; Djafar, Eka Merdekawati; Hakim, Muhammad Zulfan
Diponegoro Law Review Vol 10, No 1 (2025): Diponegoro Law Review April 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.1.2025.105-119

Abstract

The rapid advancement of digital technologies has reshaped the global economy, with the digital economy becoming a key driver of growth and innovation. Indonesia, as the leader in Southeast Asia’s digital economy, has immense potential, with projected growth at 40% by 2018. However, the country’s digital economy remains hindered by an inadequate and fragmented cyber law framework. The existing laws are sector-specific, leading to overlapping institutional authority, weak enforcement, and a lack of clarity in jurisdiction, particularly regarding cross-border cyber threats. This fragmented legal landscape impedes the integration of Indonesia’s digital economy and undermines cybersecurity efforts. This study examines the challenges within Indonesia’s current cyber law and argues for comprehensive reforms to provide clear institutional authority, enhance inter-agency coordination, and create laws tailored to the digital economy and cybersecurity. Drawing insights from international frameworks, such as the European Union's General Data Protection Regulation (GDPR) and Australia's Critical Infrastructure Bill, the study advocates for a dual approach—ensuring both data privacy and critical infrastructure protection. Furthermore, the research highlights the need for collaboration between government, the private sector, and civil society, along with public education initiatives, to foster a secure and trustworthy digital ecosystem. By analyzing existing regulations and proposing targeted reforms, this study aims to contribute to improved cybersecurity governance, enabling sustainable digital transformation and economic growth in Indonesia.
Co-Authors ANDI MUHAMMAD ASWIN ANAS Eka Merdekawati Djafar, Eka Merdekawati Haris, A. Nuril Zamharir Hijrah Adhyanti Mirzana M. Zulfan Hakim Widayanti, Tri Fenny