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All Journal Jurnal Daulat Hukum Jurnal Hukum Lex Generalis
Rio Saputra
Universitas Sunan Giri Surabaya
Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical Analysis of Online Prostitution Service Users in the Indonesian Legal Framework Novritsar Hasitongan Pakpahan; Rio Saputra; Didit Darmawan; Boby Eka Chandra Nugraha; Yusuf Fahrizal Mujisulistyo
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.806

Abstract

The phenomenon of online prostitution in Indonesia presents complex legal challenges, triggered by the rapid development of information technology and the shift in prostitution operations from conventional to online. This study examines Indonesia's criminal legal framework in relation to online prostitution, highlighting the absence of specific legal norms to regulate online prostitution service users. This causes service users to often escape the law, even though their activities clearly violate social and moral norms. A normative juridical approach was used in this research, involving the analysis of relevant legislation and legal doctrine. The results show that existing regulations have not effectively addressed online prostitution, often excluding service users as criminal subjects. This study recommends revising and strengthening regulations to close legal loopholes, improve law enforcement, and protect vulnerable groups against sexual exploitation, ultimately ensuring justice and legal certainty for all parties concerned.
Convergence and Divergence: Strategies for Proving Digital Evidence in Common Law and Indonesian Law Systems Rommy Hardyansah; Rio Saputra
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i1.51432

Abstract

This literature study conducts a normative comparative analysis of digital evidence adduction strategies in Indonesian civil law and United States common law systems. The research examines the legal construction of authentication, integrity assessment, and the strategic challenges and opportunities in utilizing various digital evidence types, such as chats, emails, CCTV footage, blockchain data, and metadata. Using a qualitative library research method with content and comparative analysis, the study finds that Indonesia's approach is codification-based, placing the judge as an active seeker of material truth who evaluates digital evidence against formal and material requirements stipulated in the Electronic Information and Transactions Law and its implementing regulations. In contrast, the U.S. common law system employs a rigorous adversarial strategy, where digital evidence is tested through extensive discovery and cross-examination, with the judge acting as a procedural gatekeeper under the Federal Rules of Evidence. The core difference lies in the locus of substantive evaluation: Indonesian judges assess probative value directly, while common law juries do so after judicial admissibility screening. The study concludes that both systems are converging on the necessity of technical expertise but recommends that Indonesia enhance judicial digital literacy and consider limited e-discovery mechanisms to strengthen its evidentiary framework.
Co-Authors Boby Eka Chandra Nugraha Didit Darmawan Novritsar Hasitongan Pakpahan Rommy Hardyansah Yusuf Fahrizal Mujisulistyo