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All Journal JIHAD : Jurnal Ilmu Hukum dan Administrasi
Paskaries, Rudolf
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Law, Crime, Criminology & Criminal Justice

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Cyber Legal Responsibility for Personal Data Leaks from the Perspective of Substantive Justice in Indonesia Dede Taufik, Hariang; Apandi, Haerul; Paskaries, Rudolf; Aritonang, Hariyanto; Haruman, Andi; Pranadita, Nugraha
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 8, No 1 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v8i1.10350

Abstract

Digital transformation has increased the use of personal data as a strategic asset in various sectors, but it has also given rise to the risk of data leaks that cause material and immaterial losses to society. This study aims to analyse cyber legal liability for personal data leaks in Indonesia using a substantive justice perspective. The method used is descriptive qualitative through a literature study of regulations, legal doctrines, and data protection practices to obtain a comprehensive understanding of legal responsibility in the digital ecosystem. The results of the study show that cyber legal responsibility still faces challenges of cross-border jurisdiction, weak implementation of the responsibility of digital corporations as legal subjects, and suboptimal restoration of victims' rights. A damage-based jurisdiction approach is needed to reach global digital actors, while strengthening corporate accountability is key to preventing avoidance of responsibility. From a substantive justice perspective, the legal system needs to be oriented towards the effective restoration of victims' rights through compensation, ongoing protection, and system improvements. This study emphasises that strengthening an adaptive, accountable, and victim-oriented cyber legal framework is an important prerequisite for realising fair personal data protection and increasing public trust. 
Metamorphosis Of Justice And Benefit: A Critical Evaluation Of The Application Of The Hedonic Calculus Principle In The Standardisation Of Punishments In The 2023 Criminal Code Apandi, Haerul; Dede Taufik, Hariang; Paskaries, Rudolf; Aritonang, Hariyanto; Haruman, Andi; Durahman, Dani
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 8, No 1 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v8i1.10351

Abstract

Criminal law reform through the 2023 Criminal Code shows a paradigm shift in criminal punishment in Indonesia from a retributive approach to a more humanistic and benefit-oriented approach. This study aims to evaluate the application of the principle of *hedonic calculus* as a utilitarian instrument in the standardization of punishment, namely assessing legal policies based on their ability to maximize happiness and minimize suffering through indicators such as intensity, duration, certainty, and extent of impact (Bentham, 1789). Using descriptive methods and a qualitative approach through literature studies and analysis of the 2023 Criminal Code, the results of the study show that sentencing standards have accommodated a utility orientation through alternative punishments, an emphasis on offender rehabilitation, and attention to the social impact of sentencing. This approach has the potential to improve crime prevention and social reintegration, but it still faces challenges in maintaining a balance between social utility, the protection of individual rights, and a sense of justice for victims. Therefore, its implementation must be carried out proportionally while upholding human rights and substantive justice.
Co-Authors Apandi, Haerul Aritonang, Hariyanto Dani Durahman Dede Taufik, Hariang Haruman, Andi Pranadita, Nugraha