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All Journal Jurnal Hukum Indonesia Journal of Law and Social Politics
Rahayudin, Rahayudin
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Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Blockchain-Based Evidence Legality in Indonesia's Criminal Justice System Naseer, Muchammad; Gusdevi, Harya; Rahayudin, Rahayudin; Guterres, Antonio
Jurnal Hukum Indonesia Vol. 5 No. 1 (2026): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v5i1.2351

Abstract

This study aims to analyze the legality of blockchain-based digital evidence in criminal justice processes in Indonesia, emphasizing two main focuses: the possibility of its admissibility as valid evidence and the identification of accompanying normative, technical, and procedural limitations. This study uses a normative juridical method through a legislative approach (the ITE Law, the Personal Data Protection Law, the Criminal Procedure Code, and Supreme Court Regulations), a conceptual approach (the concept of digital evidence, blockchain technology, and audit trails), a comparative approach (comparison of practices in several other jurisdictions), and a case approach through analysis of court decisions relating to electronic evidence. The results show that blockchain technology has significant potential to be recognized as evidence with strong probative value due to its characteristics of immutability, transparency, and traceability. However, this study also identifies several challenges, including the lack of specific regulations in the Criminal Procedure Code, potential conflicts with the principle of personal data protection, the absence of uniform digital audit trail standards, the heterogeneity of blockchain systems, and the limited technical capacity of law enforcement officials. These findings underscore the urgency of regulatory reform, standardization of evidentiary procedures, and strengthening the technical competence of law enforcement officials so that blockchain-based evidence can be implemented effectively and accountably in criminal proceedings. Practically, the results of this study provide a basis for policymakers to formulate a legal framework and technical policies that adapt to the use of blockchain technology in the criminal evidence system without neglecting the principles of human rights protection and legal certainty. Overall, this study contributes conceptually and normatively to the integration of blockchain technology into the Indonesian criminal justice system.
Digital Sovereignty and The Right to Data: A Comparative Study Between Indonesia, The European Union, and The United States Rahayudin, Rahayudin; Naseer, Muchammad; Agustina, Nova; Guterres, Antonio
Journal of Law and Social Politics Vol. 3 No. 2 (2025): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v3i2.71

Abstract

Background: The rapid expansion of the global digital economy has intensified the importance of regulating data governance, particularly in relation to digital sovereignty and the protection of personal data. However, significant differences persist among national legal frameworks, creating regulatory gaps in cross-border data governance and oversight mechanisms. This condition raises critical legal and policy challenges, especially for developing countries such as Indonesia. Objective: This study aims to analyze and compare the principles of digital sovereignty and the right to personal data in Indonesia, the European Union, and the United States, as well as to assess their legal implications for national policy formulation in each jurisdiction. Methods: This research employs a descriptive qualitative approach using a comparative juridical method. A statutory approach is applied to examine relevant laws and regulations, a comparative approach is used to analyze differences in data governance frameworks across jurisdictions, and a conceptual approach is employed to explore theoretical perspectives on digital sovereignty and data rights. Results: The findings indicate that Indonesia emphasizes state control over data and the obligations of electronic system operators, the European Union prioritizes comprehensive protection of data subjects’ rights through the General Data Protection Regulation, while the United States adopts flexible, sectoral regulations oriented toward private sector innovation. These differing paradigms result in variations in oversight effectiveness, levels of data protection, and cross-border data transfer mechanisms. Conclusion: This study highlights the urgency for Indonesia to strengthen regulatory harmonization, enhance institutional oversight capacity, and develop equitable cross-border data transfer mechanisms in order to reinforce digital sovereignty while aligning with international data protection standards.
Co-Authors Agustina, Nova Gusdevi, Harya Guterres, Antonio Muchammad Naseer