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Begawan Abioso
Published by Universitas Krisnadwipayana
ISSN : 18582990     EISSN : 28100727     DOI : https://doi.org/10.37893/abioso
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Begawan Abioso journal publish by Master of Law Universitas Krisnadwipayana. Our academic journal contains several studies and reviews from selected disciplines in several branches of legal studies. Begawan Abioso journal covers legal disciplines, including criminal law, civil law or business law, agrarian law, and constitutional law. In addition, the journal also contains several legal studies in a broader sense. This journal is published regularly twice every year, namely in June and December. Articles that have been approved and are ready to be published will be published regularly on the website which can be downloaded for free and a printed version will be circulated at the end of each period.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 63 Documents
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The Evolution of Cyber Mercenaries: Criminal Responsibility of Non-State Actors under International Law in Cyber Conflict Femas Adi Saputra; Vieta Imelda Cornelis; Dedi Wardana Nasoetion; Muhammad Yustino Aribawa
Begawan Abioso Vol. 17 No. 2 (2026): Begawan Abioso (In press)
Publisher : Magister Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/abioso.v17i2.1405

Abstract

The rapid advancement of information and communication technologies in the twenty-first century has fundamentally transformed the landscape of modern warfare, giving rise to cyberspace as a new domain of armed conflict. This transformation has been accompanied by the emergence of non-state actors operating as proxies or cyber mercenaries employed by states to conduct strategic cyber operations while maintaining plausible deniability. This study aims to examine the evolution and legal status of cyber mercenaries within the framework of International Humanitarian Law and to evaluate the extent to which criminal responsibility may be imposed on these actors under the Rome Statute and the jurisdiction of the International Criminal Court (ICC). Employing a normative juridical legal research method with conceptual and statutory approaches, the study finds that the traditional definition of mercenaries under Article 47 of Additional Protocol I to the Geneva Conventions is ill-suited to the realities of cyber proxies, thereby creating a significant legal gap. Furthermore, although the Rome Statute does not explicitly regulate cyber crimes, a consequences-based approach allows cyber mercenaries to be prosecuted for war crimes when cyber operations result in physical damage or the loss of functionality of civilian infrastructure equivalent to that caused by kinetic attacks. The study concludes that existing legal instruments require reinterpretation, supported by proactive policies within the framework of international criminal justice, to ensure individual criminal accountability for increasingly destructive contemporary cyber conflicts.
Combating Digital Transnational Organized Crime: Assessing the Effectiveness of Mutual Legal Assistance for Indonesia Gusti Rafi Muhammad; Siti Marwiyah; Vallencia Nandya Paramitha; Fathul Hamdani
Begawan Abioso Vol. 17 No. 2 (2026): Begawan Abioso (In press)
Publisher : Magister Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/abioso.v17i2.1430

Abstract

Transnational Organized Crime (TOC) in the digital era has evolved into an increasingly complex global threat, characterized by the convergence of cyber fraud, underground banking, and virtual asset-based money laundering. In Indonesia, such criminal activities have resulted in substantial economic losses by exploiting cross-border jurisdictional gaps and weaknesses in domestic regulatory frameworks. This study examines the effectiveness of Mutual Legal Assistance (MLA) mechanisms under Law Number 1 of 2006 in addressing transnational cybercrime and evaluates the urgency of international legal harmonization. The novelty of this study lies in its specific examination of the structural incompatibility between Indonesia’s traditional MLA mechanisms and the ontological characteristics of contemporary cybercrime involving cloud computing ecosystems, virtual asset-based underground banking, and the malware-as-a-service phenomenon. Employing a normative juridical method based on statutory and conceptual approaches, the study finds that conventional MLA mechanisms are no longer effective. This ineffectiveness fundamentally stems from a temporal asymmetry between lengthy MLA bureaucratic procedures, which may take months to complete, and the operational speed of digital crime, which can occur within seconds. Moreover, the rigidity of the dual criminality principle and the volatility of electronic evidence across jurisdictions further impede effective law enforcement. At the regional level, the ASEAN Mutual Legal Assistance Treaty is similarly constrained by the principle of non-interference and the absence of mechanisms for the immediate preservation of digital data. The study concludes that Indonesia urgently needs to accede to the Budapest Convention on Cybercrime. Such accession is crucial for overcoming jurisdictional barriers, facilitating the immediate exchange of digital evidence through the 24/7 Network, and curbing jurisdictional arbitrage by transnational criminal syndicates.
Realizing Post-Divorce Enforcement Justice through Progressive Law Enforcement within the Framework of Risalah al-Qadha Fikri Ahmad Islami; Martoyo Martoyo; Busriyanti Busriyanti
Begawan Abioso Vol. 17 No. 2 (2026): Begawan Abioso (In press)
Publisher : Magister Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/abioso.v17i2.1540

Abstract

This study aims to analyze the integration of Risalah al-Qada’ values and progressive law in realizing executorial justice post-divorce in the Religious Courts. Employing a normative legal research method with a qualitative interpretative-conceptual approach, data were gathered through a literature review of progressive law, Risalah al-Qada’, and court decisions. Data validity was ensured through critical reading and literature triangulation. The findings reveal that the integration of these two paradigms is capable of dismantling the executorial deadlock trapped in positivist formalism, by encouraging judges to engage in judicial activism and legal discovery (rechtsvinding) that favors vulnerable groups. However, structural challenges such as patriarchal culture, institutional passivity, and reliance on the ex-wife’s initiative remain critical obstacles that perpetuate the execution gap. Ultimately, this research demonstrates that the implementation of Risalah al-Qada’ values not only provides a prophetic-ethical foundation for judicial activism but also actualizes the principles of Maqasid al-Shari’ah through the substantive protection of life, lineage, and wealth (hifz al-nafs, hifz al-nasl, hifz al-mal) for ex-wives and children.

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