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Journal Customary Law
Published by Indonesian Journal Publisher
ISSN : 3026460X     EISSN : 3026460X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal Customary Law is an international legal journal that publishes research and theoretical articles related to various legal fields. The journal aims to provide scholarly and authoritative articles that discuss legal issues of current importance to both academic research and legal practice. JCL has a national and international readership and publishes refereed contributions from authors around the world. The journal also publishes review articles, but only for selected or invited authors, containing critical notices of recently published books. JCL addresses specific issues on private law, criminal justice, constitutional law, human rights, administrative law, international law, and Islamic law. JCL publishes peer-reviewed articles to increase the efficiency of the process and ensure the quality of published articles. JCL extends its warm welcome for authors to submit their research or theoretical articles that contribute to the development of legal knowledge in these fields. The journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Umum - Umum
Articles 166 Documents
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The Indonesian National Police's Strategy in Combating Artificial Intelligence-Based Digital Content Manipulation as a Means of Political Crime and Cyber Fraud in Indonesia Adrian Batubara; Vita Mayastinasari; Kif Aminanto
Journal Customary Law Vol. 3 No. 3.2 (2026): AICOPS 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.2.6329

Abstract

The development of Artificial Intelligence has given rise to new forms of cybercrime through deepfake-based digital content manipulation, voice cloning, synthetic media, and AI-generated content, which are used as a means of political crime and cyber fraud in Indonesia. This study aims to analyze problems in law enforcement, weaknesses in the Indonesian National Police’s strategy, and legal reforms in addressing artificial intelligence (AI)-based digital content manipulation through strengthening smart policing and cyber resilience. This study employs a normative juridical method with a legislative and conceptual approach, through the analysis of various regulations, legal theories, and doctrines related to cybercrime, artificial intelligence, and national cybersecurity. The results reveal that law enforcement against AI-based digital content manipulation still faces several weaknesses, including the absence of specific legal norms related to AI crimes and political deepfakes, limited capacity in cyber policing and digital forensics, weak coordination between institutions, and low public digital literacy. The Indonesian National Police's strategy is still reactive and has not been optimal in implementing artificial intelligence-based predictive policing. Therefore, legal reform is needed through the establishment of specific regulations for Artificial Intelligence Crime, strengthening AI forensic and cyber intelligence units, developing an integrated cybersecurity system, and developing smart policing and cyber resilience to create an adaptive, responsive, and sustainable cyber law enforcement system in the era of digital transformation.
Restorative Justice Mechanisms at The Preliminary Inquiry Stage in The Indonesian Criminal Justice System: Strengthening The Role of The Police in The Reform of The Criminal Procedure Code Illian Deta Arta Sari; Yenni Meilina Lie; Zahra Kamila; Ade Irma
Journal Customary Law Vol. 3 No. 3.2 (2026): AICOPS 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.2.6332

Abstract

This study found that, to date, there are no comprehensive regulations regarding the authority of preliminary inquiry officers to actively implement restorative justice. The relevant regulations remain piecemeal, linked to Article 18 of Law – Law No. 2 of 2002 on the National Police of the Republic of Indonesia and its amendments, which essentially stipulate that, in the public interest, National Police officers of the Republic of Indonesia may, in carrying out their duties and exercising their authority, act according to their own judgment while observing the laws and regulations and the Code of Ethics of the National Police of the Republic of Indonesia. This study is a normative legal research aimed at identifying an ideal model for the Restorative Justice Mechanism during the preliminary inquiry stage in the revision of the Criminal Procedure Code (KUHAP). The conclusion of this study is that there is a fundamental difference between the provisions in effect since the enactment of Article 79(5) of Law No. 20 of 2025 on the Criminal Procedure Code and the previous regulations, which stipulate: “Once all agreements have been fulfilled, the case must be discontinued and a court ruling must be sought.” This has led to multiple interpretations among preliminary inquiry officers, as the draft Government Regulation on Restorative Justice—which is intended to be a derivative of the new Criminal Procedure Code—has not yet been enacted. Consequently, current practices create a legal vacuum (Rechtvacuum) for law enforcement officials, particularly investigators, in implementing Restorative Justice at the preliminary inquiry stage.
Medical Data Leakage in Healthcare: A Systematic Literature Review of Cybersecurity, Legal Issues, and Patient Privacy Ade Netra Kartika; Ahmad Redi
Journal Customary Law Vol. 3 No. 3.2 (2026): AICOPS 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.2.6333

Abstract

Medical data leakage has become one of the most critical challenges facing healthcare organizations as digital health technologies, electronic health records (EHRs), artificial intelligence, cloud computing, and interconnected medical devices continue to expand. Beyond compromising sensitive patient information, data leakage threatens patient safety, institutional trust, and regulatory compliance. This study systematically reviews the existing literature to examine the causes, consequences, legal implications, and prevention strategies of medical data leakage in healthcare. A Systematic Literature Review (SLR) following the PRISMA 2020 guidelines was conducted. The literature was identified from Scopus, PubMed, and Web of Science, complemented by backward and forward snowballing. Fourteen peer-reviewed studies that met the preliminary eligibility criteria were included in the thematic synthesis. The retrieved studies were analyzed using evidence mapping, thematic coding, and narrative synthesis. Three major themes emerged from the analysis: (1) healthcare cybersecurity vulnerabilities, (2) medical data leakage and patient privacy, and (3) legal protection and healthcare governance. The findings indicate that medical data leakage is not solely a technical cybersecurity issue but results from the interaction of technological vulnerabilities, human behavior, organizational governance, and regulatory implementation. The review proposes an integrated thematic synthesis framework linking cybersecurity vulnerabilities, medical data leakage pathways, legal protection, and governance responses to strengthen healthcare cyber resilience. The findings provide practical implications for healthcare organizations, policymakers, and researchers in developing comprehensive strategies for protecting medical information in an increasingly digital healthcare environment.
Reconstruction of the Legal Standing of Pretrial Applicants Regarding Postponement of Case Handling Without Legitimate Reasons under the New Criminal Procedure Code Indra Setiawan; Sigid Suseno; Somawijaya Somawijaya
Journal Customary Law Vol. 3 No. 3.2 (2026): AICOPS 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.2.6338

Abstract

The postponement of criminal case handling without a valid reason constitutes a new issue in Indonesian criminal procedural law following the enactment of Law Number 20 of 2025 concerning the Criminal Procedure Code, which recognizes such postponement as one of the objects of pretrial proceedings under Article 158 letter e. The issue arises because the application of this provision is closely related to the legal standing of the applicant as regulated in Article 1 number 15, while the postponement of case handling may give rise to different legal interests among suspects, victims, reporters, family members, and parties acting under power. This study aims to analyze the construction of the legal standing of the pretrial applicant regarding the postponement of case handling without a valid reason and to formulate a reconstruction of legal standing that provides legal certainty. The study employs a normative juridical method with statutory and analytical approaches. The results of the study indicate that the applicable regulations have determined the category of applicant subjects, but have not provided adequate operational parameters regarding direct legal interests in its application to Article 158 letter e. Case Number 69/PUU-XXIV/2026 at the Constitutional Court shows the actuality of this problem. The reconstruction is directed at a legal standing model based on direct legal interests, with parameters including the applicant's legal relationship, the existence of a postponement, and the direct impact on the applicant's legal rights or interests.
Reconstruction of Criminal Responsibility for Crimes Committed Through Generative Artificial Intelligence Eva Berta Pattinasarany; Faisal Santiago
Journal Customary Law Vol. 3 No. 4 (2026): September 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i4.6257

Abstract

The development of generative Artificial Intelligence (AI) has changed the characteristics of criminal acts through its ability to produce text, images, sound, video, and program code that can be used to commit various forms of crime, such as deepfakes, voice cloning, digital document forgery, phishing, and malware distribution. These changes present new legal issues because the doctrine of criminal liability in Indonesian positive law is still based on the assumption that the perpetrator commits the act giving rise to legal consequences, whereas generative AI creates a relationship mediated by an algorithmic system. This study aims to analyze the construction of criminal liability for crimes committed through generative artificial intelligence, identify weaknesses in the applicable legal norms, and formulate a reconstruction of the concept of criminal liability that is more adaptive to technological developments. The study uses a normative juridical method with statutory, conceptual, and comparative approaches. Legal materials are obtained through literature studies and analyzed qualitatively using descriptive-analytical and prescriptive methods. The research found that Law Number 1 of 2023 concerning the Criminal Code, Law Number 11 of 2008 concerning Electronic Information and Transactions, as most recently amended by Law Number 1 of 2024, and Law Number 27 of 2022 concerning Personal Data Protection do not provide adequate regulations regarding the division of criminal liability among users, developers, platform providers, and corporations in the generative AI ecosystem. This gap creates uncertainty in determining perpetrators, proving fault, causal relationships, and inclusion. This research proposes a reconstruction of the doctrine of criminal liability through a Role-Based Criminal Liability model that integrates classical criminal law theory with the principles of AI Governance, Risk-Based Regulation, and Responsible AI. This model divides liability based on the level of control, the ability to prevent risks, and the predictability of consequences. It is hoped that it will provide legal certainty, protect the public, and support the responsible development of AI technology.
Reconstructing the Regulation of Virtual Legal Service Provision by Advocates in Indonesia Based on Legal Certainty and Client Protection Anggiat Tobing; Faisal Santiago
Journal Customary Law Vol. 3 No. 4 (2026): September 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i4.6258

Abstract

Digital transformation has driven a shift in the pattern of legal service delivery from conventional services to virtual legal services, namely the provision of legal services by advocates through electronic media without the physical presence of the advocate and client. This practice has grown rapidly in Indonesia through the use of video conferencing, electronic mail, instant messaging applications, cloud computing, electronic signatures, Artificial Intelligence, and various digital legal platforms. This development has not been accompanied by the establishment of adequate legal regulations, resulting in a normative vacuum regarding the provision of virtual legal services, protection of client confidentiality, digital identity verification, the use of electronic documents, the use of Artificial Intelligence, and legal accountability in the digital ecosystem. This study aims to analyze the regulatory issues surrounding virtual legal services in Indonesia and to formulate a legal framework grounded in the principles of legal certainty and client protection. It employs normative legal research, drawing on statutory, conceptual, philosophical, and comparative approaches. Legal materials are analyzed qualitatively through prescriptive analysis. The findings show that Law Number 18 of 2003 on Advocates and the Advocates' Code of Ethics do not adequately address virtual legal services, creating regulatory inconsistencies with laws on electronic transactions, personal data protection, electronic evidence, and electronic systems. The proposed reconstruction includes establishing norms regarding the provision of virtual legal services, client digital identity verification, electronic powers of attorney, protection of digital communication confidentiality, the use of Artificial Intelligence, regulation of digital legal platforms, legal and ethical accountability, and the development of a Digital Advocates' Code of Ethics integrated with amendments to the Advocates Law and harmonization of various related laws and regulations. This reconstruction is expected to create an adaptive digital legal services system, provide legal certainty, strengthen client protection, and maintain the independence of the legal profession in the era of digital transformation

Page 17 of 17 | Total Record : 166

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