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Wahab Aznul Hidaya
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INDONESIA
Journal of Law Justice
Published by Universitas Muhammadiyah Sorong
ISSN : -     EISSN : 3025972X     DOI : DOI: https://doi.org/10.33506/jlj
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Social Sciences Other
Journal of Law Justice (JLJ) is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law. All papers are peer-reviewed by at least two referees
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 53 Documents
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Hate Speech Crimes Through Social Media as Cyber Crimes Sijabat, Donson; Hidaya, Wahab Aznul; A. Sakti R.S. Rakia
Journal of Law Justice (JLJ) Vol 4 No 1 (2026): Journal of Law Justice (Inpress)
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v4i1.4838

Abstract

This study aims to analyze the application of criminal law in addressing hate speech on social media and to identify the effectiveness of Law Number 11 of 2008 on Electronic Information and Transactions. This study uses a normative juridical approach with qualitative methods, in which data is collected through the analysis of legal documents such as the ITE Law, the Criminal Code, and case jurisprudence from 2020-2023, as well as a literature study of scientific journals, research reports, and comparative data from other countries. The novelty of this research lies in its integrative approach, which combines normative legal analysis with a cybercriminology perspective, resulting in a comprehensive model for handling digital hate speech. Unlike previous studies, which tended to be partial, this study presents a new theoretical framework that explains the unique characteristics of hate speech as a cybercrime and proposes transformative strategies based on the synergy of regulation, technology, and community participation. The results of the study show that the application of criminal law in addressing hate speech on social media faces complex challenges, especially those related to the viral and cross-jurisdictional nature of digital content. Although Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) has provided a legal basis, its effectiveness is still hampered by several factors, including difficulties in proving cases, limited understanding among law enforcement officials, and the rapid dynamics of technological developments. In conclusion, handling hate speech as a cybercrime requires regulatory reform, increased law enforcement capacity, and public education. Prevention efforts should focus on strengthening digital literacy, while law enforcement needs to be optimized through the application of technology and international cooperation.
Marriage Validation and Child Marriage: Analysis of the Effectiveness of Law Number 16 of 2019 Kasim, Muhammad; Muhammad Ali; Hasriyanti Hasriyanti
Journal of Law Justice (JLJ) Vol 4 No 1 (2026): Journal of Law Justice (Inpress)
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v4i1.4948

Abstract

This study aims to determine the mechanism of itsbat nikah (marriage validation) for underage marriages conducted without a marriage dispensation based on Law Number 16 of 2019 and to formulate effective and implementable legal solutions in handling cases of child marriage without dispensation through the itsbat nikah mechanism. Method This research was conducted using an empirical juridical approach, which combines various legal sources and materials. The primary legal sources used include interview results and statutory provisions. Meanwhile, secondary legal sources were obtained from relevant scientific articles. Data was collected through interviews and then analyzed qualitatively to gain a deeper understanding of the legal issues under review. The novelty of this research is that it analyzes the mechanism of isbat nikah without dispensation and underage marriage without dispensation. The results of the study show that even though underage marriage without dispensation is a violation of laws and regulations, the court still provides room for marriage validation under certain conditions. The conclusion of the study is that more massive legal socialization from the government and the active role of all parties are needed to prevent the practice of child marriage that does not comply with procedures.
Analysis of Legal Protection for Tokopedia Consumer Data in Data Leakage Cases in Indonesia La Sirajuddin; Dwi Pratiwi Markus
Journal of Law Justice (JLJ) Vol 4 No 1 (2026): Journal of Law Justice (Inpress)
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v4i1.5199

Abstract

The aim of this study is to examine the strength of legal protection for Tokopedia customers' personal data following the leak of 91 million accounts in May 2020, as well as to explain Tokopedia's obligations and responsibilities as a data controller under PDP Law 27/2022, UUPK 8/1999, ITE Law 11/2008, PP 71/2019, and the breach of contract provisions of Article 1234 of the Civil Code. This study uses a normative legal approach, which involves examining written regulations through laws, scientific journals, and official reports from the Ministry of Communication and Information Technology, then analyzing them conceptually and comparing them to assess legal certainty, fairness, and benefits for the community. The novelty of this research lies in combining classical civil law (breach of contract in the Civil Code) with new regulations in the PDP Law to assess Tokopedia's responsibility as a private PSE in the case of the leak of 91 million accounts, something that is still rarely discussed comprehensively in Indonesian literature. The results of the study show that the rules on personal data protection are actually quite strong on paper, but their implementation is still weak because Tokopedia has not maximized its assessment of data protection, encryption, and incident reporting; the public's level of understanding of their personal data rights is still low; and the government's response has only been in the form of warnings, so there is still the possibility of administrative sanctions, fines, or criminal penalties being imposed based on the PDP Law and the ITE Law. The conclusion of the study emphasizes the need to strengthen personal data protection through mandatory information security standards such as ISO 27001, the application of the principle of privacy by design from the outset of system design, the provision of features (dashboards) for rapid data deletion, increased public education, and better coordination between Kominfo, OJK, and the PDP Council so that e-commerce transactions in Indonesia are safer for hundreds of millions of users.

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