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INDONESIA
Journal of Digital Law and Policy
Published by Yayasan Sinergi Widya Nusantara
ISSN : 28083652     EISSN : 28083458     DOI : https://doi.org/10.58982/jdlp
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal of Digital Law and Policy cover issues regarding law and policy in realm of digitalization. To seek any legal analysis and case reports to academics, legislators, professionals and industries in the following scope : Intellectual Property Right Consumer Protection Law Electronic Transactions Technology Policy National Information Security Internet Ethics Cyber Crime Competition Law Transnational Digital Crime/Law Data Protection Human Rights E-Commerce Regulation Digital Policy Online Blasphemy Digital Piracy
Arjuna Subject : Ilmu Sosial - Hukum
Articles 40 Documents
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Impact of Internet Culture on Indonesian Values and Moral Decision Making Basthian A Laoebela; Gerald Aldytia Bunga; Nanny Mayasari; Unggul Sagena
Journal of Digital Law and Policy Vol. 2 No. 2 (2023): Journal of Digital Law and Policy - January 2023
Publisher : Catuspata

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (553.574 KB) | DOI: 10.58982/jdlp.v2i2.310

Abstract

As internet usage has grown, so has the influence of internet culture on Indonesian values and moral decision making. The internet provides a platform for the exchange of ideas and perspectives, and it has the potential to shape and transform social and cultural norms and values. For example, internet culture may promote the spread of liberal and progressive ideas, and it may provide a voice to marginalized and underrepresented groups. Exposure to internet culture can influence Indonesian values and moral decision making in a number of ways. One of the key ways is through the exposure to a wider range of ideas, perspectives, and behaviors, which can challenge and broaden existing cultural norms and values. For example, internet culture may expose individuals to more liberal and progressive ideas, promoting greater tolerance and inclusiveness. This study aims to find out how the impact of the internet for Indonesia, especially values and moral decision making. Based on the literature study conducted in this study, it is known that the internet has both positive and negative impacts on Indonesian values and moral decision-making. To minimize negative impacts, strategies such as content filtering, media and digital literacy programs, promoting responsible online behavior, and enforcing online regulations could be implemented. A proactive and multi-faceted approach that considers the specific context and needs of Indonesian society could help to maximize the internet's positive benefits while minimizing its negative impacts.
Indonesian National Security During Pandemic Ni Kadek Nita Noviani Pande; Ayu Gde Chrisna Udayanie
Journal of Digital Law and Policy Vol. 2 No. 2 (2023): Journal of Digital Law and Policy - January 2023
Publisher : Catuspata

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.178 KB) | DOI: 10.58982/jdlp.v2i2.311

Abstract

The background of this article is based on national security issues during the Covid-19 pandemic. Coronavirus diseases-2019 or known as COVID-19 originated in the city of Wuhan, Hubei Province, China. The virus first appeared at the end of 2019. Its spread is very fast and has plagued almost all countries in the world, including Indonesia. COVID-19 has an impact on all sectors, the economy, the tourism industry, agriculture, education, health services, security and defense, and many more. The research method used in this study using qualitative research. Data was obtained through previous research in the form of books, journals, scientific articles, and news from official websites. The results of this study indicate that the concept of national security contained in the state constitution is urgent to be presented.
Legal Challenges for Digital Startup Development in Indonesia I Nyoman Hendra Laksmana; I Putu Hendika Permana
Journal of Digital Law and Policy Vol. 2 No. 2 (2023): Journal of Digital Law and Policy - January 2023
Publisher : Catuspata

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (384.28 KB) | DOI: 10.58982/jdlp.v2i2.312

Abstract

The high level of internet usage in Indonesia will certainly be in line with the growth of businesses that use the internet as their main part. Companies working on the Internet are known as digital startups. Digital Startup is a group of people who form an organization as a start-up company that produces products in the technology sector. Startups in Indonesia have been on the rise for at least the last decade. This phenomenon is also seen in Gojek and Tokopedia which are popular among Indonesians. With the rapid growth of startups, of course there are challenges to start and grow, one of which is legal challenges. From a legal point of view, in general startups experience problems such as employment relations, company forms, company names, licensing, intellectual property issues and, contracts. Before starting a business, startup business people must thoroughly study the Indonesian laws and regulations governing startup businesses, as well as study the obstacles that will be faced when starting and running their business activities. So that the risk of failure in running a startup business can be minimized. So in this study the researchers analyzed the legal challenges that need to be prepared to be able to build a digital startup. In this study, researchers used a qualitative approach to collect data and utilize all the information on the subject matter. so that 7 important legal challenges can be found and need to be prepared to be able to build a digital startup. The 7 challenges include: Regulations, Legal Entities or Business Entities, Licensing, Protection of Business Competition, Financial Transactions, Crowdfunding, and Venture Capital.
State Defense: Challenges Towards Digitalization Ni Ketut Tri Srilaksmi; Bernika Irnadianis; Dwi Estiningtyas; Maria Delareiza; Sulistiowati Sulistiowati; Ajeng Nilam
Journal of Digital Law and Policy Vol. 2 No. 2 (2023): Journal of Digital Law and Policy - January 2023
Publisher : Catuspata

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (404.251 KB) | DOI: 10.58982/jdlp.v2i2.313

Abstract

Indonesia's national resilience is a dynamic condition of a nation or Indonesia which includes all integrated national life containing tenacity and resilience which contains the ability to develop national strength in facing and overcoming all challenges, threats, obstacles and disturbances, both coming from within and from outside, to ensure identity and integrity. Thus, national resilience is the ability of a nation to maintain its unity and integrity, strengthen its life support capacity, face all forms of threats it faces so that it is able to carry on its life in achieving the welfare of the nation in this digital era. National Resilience is abbreviated as Tannas (Ketahanan Nasional). Efforts to organize national resilience can be realized by defending the state. State defense is the attitude and behavior of citizens who are inspired by their love for the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution in establishing the survival of the nation and state as a whole. Every citizen has the right and is obliged to participate in the defense of the state and the conditions for defense are regulated by law. Awareness of defending the country is essentially a willingness to serve the country and a willingness to sacrifice to defend the country.
The Role of INSTIKI Students in Preventing Cyberbullying Among Teenagers Ade Putri Intan Sari; Marshanda Cindy Mirela; Happy Budyana Sari
Journal of Digital Law and Policy Vol. 2 No. 2 (2023): Journal of Digital Law and Policy - January 2023
Publisher : Catuspata

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (487.248 KB) | DOI: 10.58982/jdlp.v2i2.314

Abstract

Nowadays, the rapid development of information technology can have both good and bad effects on society, including teenagers. Technological advances allow many people to access the internet quickly, share information, and exchange information between one person and another without having to meet each other face to face. The freedom to use social media can lead to various social media cases of abuse. Cyberbullying is one of the misuses of social media that has recently been encountered. Cyberbullying is one example of the negative impacts arising from rapid technological development. Cyberbullying is a disgraceful behavior committed by individuals repeatedly to others via the internet. The relevant articles of the Criminal Code regulating this cyberbullying offense are those listed in Chapter XVI concerning Insults, specifically Article 310 paragraphs (1) and (2), and the ITE Law article 27 paragraphs (3) of the ITE Law. If there is no action to prevent or stop cyberbullying, then it could be that this action will increase and be very detrimental, especially for victims. This study aims to determine the role of INSTIKI students in preventing cyberbullying that occurs among teenagers. This research uses a mixed method, a combined method between quantitative and qualitative with the help of questionnaires in data collection. In this study, researchers distributed questionnaires online via a Google form. From the results of the questionnaire conducted, it shows that students play a role in preventing cyberbullying among teenagers, in this role, not a few students agree that holding socialization (seminars or counseling) is one of the best ways to prevent cyberbullying among teenagers. Socialization is given to teenagers to increase their understanding of the dangers and impacts of cyberbullying.
The Right to Privacy Based on the Law of the Republic of Indonesia Number 27 of 2022 Evelyn Angelita Pinondang Manurung
Journal of Digital Law and Policy Vol. 2 No. 3 (2023): Journal of Digital Law and Policy - May 2023
Publisher : Catuspata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58982/jdlp.v2i3.287

Abstract

The impact of technological advances and digital activities in society today affects a person's right to privacy. Potential threats and violations of a person's privacy rights containing important personal information are increasingly prevalent. Almost unrestricted digital access activities pose a threat of violating one's right to privacy. Personal data containing important information may be accessed by the Data Controller and potentially disseminated freely and irresponsibly. The right to privacy is part of the human right to obtain protection for oneself based on Article 28 Letter G section (1) The 1945 Constitution of The Republic of Indonesia. The purpose of this study is to analyze the protection of the right to privacy of personal data. This research uses normative juridical research methods by exploring legal sources. With the passing of Law Number 27 of 2022, it is hoped that it will increase understanding of the right to privacy of personal data of every citizen to be able to maintain and be responsible for the right to privacy of personal data and become a legal umbrella for the Indonesian nation in upholding justice and providing legal protection in accordance with applicable regulations.
Protection of Medical Record Data as a Form of Legal Protection of Health Data through the Personal Data Protection Act Ni Putu Yuliana Kemalasari; I Putu Harry Suandana Putra
Journal of Digital Law and Policy Vol. 2 No. 3 (2023): Journal of Digital Law and Policy - May 2023
Publisher : Catuspata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58982/jdlp.v2i3.338

Abstract

This study aimed at analyzing government’s efforts to provide protection for medical record data of patients as a form of legal protection for patient’s medical data. In the midst of the flurry cases of personal data leakage by hackers, it has raised concerns from various parties about the possibility of medical records leaking of someone’s medical history. Medical history or medical record contains confidential information about a person’s condition related to health and the history of health care that has been carried out. It becomes particularly serious when it records certain diseases of the patient that should not be spread out to the public. In Indonesia, several regulations regarding the protection of personal data which is a person’s privacy rights have been formed. However, this is not enough to deal with the development of digital technology to provide legal certainty for the protection of personal data including medical records as one of the objectives of the law, namely to provide legal certainty and protection. Therefore, this study examines how the legal protection of medical record data based on legal protection according to positive law and the Personal Data Protection Act.
Criminal Liability Of Disseminator’s Pornographic Content On Social Media Helmalia Verena Putri Kanci; Rudepel Petrus Leo; Heryanto Amalo
Journal of Digital Law and Policy Vol. 2 No. 3 (2023): Journal of Digital Law and Policy - May 2023
Publisher : Catuspata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58982/jdlp.v2i3.384

Abstract

Social media platforms have facilitated unprecedented access to and dissemination of various content, including material that violates societal norms, such as cyberporn, which falls under the realm of cybercrime. The objective of this research is two-fold: (1) to analyze the role of criminal law in addressing cases involving the distribution of pornographic content in terms of both substance and procedure and (2) to determine whether the individuals responsible for spreading such content can be held accountable for their actions. The author employs a normative legal research methodology, primarily relying on library research to explore relevant data, literature, and legal provisions pertaining to the raised legal issues. The results of this study indicate that criminal law plays a crucial role in assessing the dissemination of pornographic content as an offense, aligning with the provisions outlined in Law Number 44 of 2008 concerning Pornography. Additionally, the act of distributing pornographic content via platforms like WhatsApp and Line is deemed a violation of Law Number 11 of 2008 concerning Electronic Information and Transactions, which entails corresponding legal sanctions. Formally, this entails an expansion in the scope and types of admissible evidence beyond what is stipulated in Article 184 of the Code of Criminal Procedure, as well as modifications in the examination process. Regarding the perpetrator involved in the case of JA, who spread pornographic content on social media, they can indeed be held accountable. The perpetrator exhibited an intent to seek revenge against the victim through the dissemination of the pornographic video, thereby meeting the necessary criteria for legal responsibility.
Forms of Services, Effectiveness, and Obstacles in Conducting Digital- Based Land Registration in The Era of Digitalization at Lembata Regency Land Office, East Nusa Tenggara Province Sherly Anggriany De Haan
Journal of Digital Law and Policy Vol. 2 No. 3 (2023): Journal of Digital Law and Policy - May 2023
Publisher : Catuspata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58982/jdlp.v2i3.401

Abstract

Entering the digital era, the Ministry of Agrarian and Spatial Planning/National Land Agency (BPN) has launched land services electronically. The implementation of land registration is carried out electronically, this is stated in Article 2 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning / National Land Agency (ATR / BPN) Number 1 of 2021 concerning Electronic Certificates. This is a series of digital transformations that are rolling out at the Ministry of ATR / BPN. However, there are still many plots of land for which physical data and juridical data are not yet available. This study investigates digital-based land registration services at the Land Office of Lembata Regency, focusing on their various forms, effectiveness, and obstacles to successful implementation. The research method was empirical, involving the collection of primary and secondary data through interviews and descriptive analysis. The study identified three main forms of digital-based land registration services: Electronic Dependent Rights Services, Electronic Roya Services, and Certificate Checking. However, these services have not been fully effective due to obstacles such as incomplete data validation, lack of human resources, and inadequate socialization and communication about digital-based services.
The Role of the Financial Services Authority in Handling Online Money Loan Offers by Information Technology-Based Joint Funding Services (LPBBTI) Aurelia Natalia Wisung; Sukardan Aloysius; Yossie M.Y. Jacob; Darius Mauritsius
Journal of Digital Law and Policy Vol. 2 No. 3 (2023): Journal of Digital Law and Policy - May 2023
Publisher : Catuspata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58982/jdlp.v2i3.430

Abstract

The Financial Services Authority is a financial services supervisory institution that has the authority to regulate, supervise, examine, and investigate financial services institutions including online money loans by information technology-based joint funding services. The formulation of this research problem: (1) What is the role of the Financial Services Authority in handling online money loan offers by information technology- based joint funding services? (2) what efforts have the Financial Services Authority made in handling online money loan offers by information technology-based joint funding services? The research used is normative legal research using the descriptive analysis method. This research uses primary, secondary, and tertiary legal materials. The results of this study can be concluded: (1) The role of the Financial Services Authority in handling online money loan offers by information technology-based joint funding services is to issue regulations to regulate and supervise. (2) The efforts that have been made by the Financial Services Authority in handling online money loan offers by information technology-based joint funding services are conducting education, urging the public to always check the legality of online loans when receiving offers, issuing new services to improve consumer protection, namely Consumer Support Technology (CST) in the form of Chatbot CST and the Financial Services Authority together with 11 ministries coordinating to form the Investment Alert Task Force (SWI) to eradicate illegal online loans that are troubling and detrimental to the community.

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