<![CDATA[Digital transformation has led to the development of cybercrime that is cross-border, dynamic, decentralized, and increasingly complex, so criminal policies cannot rely solely on criminalization and punishment. This research aims to analyze the construction of criminal policies against cybercrime in Indonesia and Australia and to formulate a reconstruction of Indonesian criminal policies through penal and non-penal approaches that are adaptive to technological developments while ensuring legal certainty and the protection of fundamental rights. This research uses normative legal research methods with legislative, comparative, and conceptual approaches. The research results show that both Indonesia and Australia integrate criminalization, digital investigation, electronic evidence, jurisdiction, and rights protection in combating cybercrime. However, Indonesia still faces issues of regulatory fragmentation between the National Criminal Code, the ITE Law, the PDP Law, and related instruments, while Australia builds a more systematic connection between computer offenses, investigative authority, and data access within the federal legal framework. The reconstruction of Indonesia's criminal policy needs to be directed toward an integrative model through the harmonization of criminalization based on lex certa and lex stricta, strengthening controlled criminal accountability and digital investigations, as well as the development of non-penal policies through cybersecurity, digital literacy, digital forensic capability, public-private cooperation, and cross-jurisdictional coordination. The novelty of the research lies in the construction of cybercrime criminal policies that integrate penal and non-penal approaches within an adaptive, preventive, and rights-based framework to balance law enforcement effectiveness, legal certainty, digital security, and privacy protection]]>
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