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Jurnal Hukum Siber dan Regulasi Teknologi
ISSN : -     EISSN : 31238114     DOI : -
Core Subject :
Jurnal Hukum Siber dan Regulasi Teknologi (JHSRT) is a peer-reviewed academic journal dedicated to the study of law in general, with a particular focus on cyber law, digital regulation, and technological governance. The journal aims to provide a scholarly platform for critical and analytical discussions on the interaction between law, technology, and society in contemporary legal systems. JHSRT publishes original research articles, conceptual papers, and empirical studies that address both traditional legal disciplines—such as constitutional law, criminal law, civil law, administrative law, and international law—and emerging legal challenges arising from technological development, digital transformation, and cyberspace. The scope of the journal includes, but is not limited to, cybercrime, data protection and privacy, digital governance, artificial intelligence regulation, fintech and digital economy, e-government, legal theory, normative legal studies, and comparative as well as interdisciplinary approaches to law and technology. JHSRT welcomes contributions from academics, researchers, legal practitioners, and policymakers, and seeks to promote rigorous legal scholarship that contributes to the development of responsive, adaptive, and just legal frameworks in the digital era.
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Articles 10 Documents
Perlindungan Data Pribadi dalam Marketplace Foto Berbasis Kecerdasan Buatan pada Platform FotoYu Nada Ulya Qinvi; Ridho Sa'dillah Ahmad; Hasmia Wahyunisa
Jurnal Hukum Siber dan Regulasi Teknologi Vol. 1 No. 1 (2026): January 2026
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This study examines personal data protection in the practice of an artificial intelligence–based photo marketplace on the FotoYu platform, which utilizes facial recognition technology for photo processing and commercialization. The research focuses on the extent to which the processing of facial biometric data by the photo marketplace platform provides adequate legal protection for data subjects in accordance with the Personal Data Protection Law. The study adopts a normative juridical method, employing a statutory approach and a conceptual approach through the analysis of legal norms, principles, and doctrines of personal data protection. The findings indicate that personal data processing in AI-based photo marketplaces has not fully complied with the principles of explicit consent, purpose limitation, transparency, and the fulfillment of data subject rights. Indirect consent mechanisms and the complexity of AI-driven processing may create a gap between legal norms and practical implementation. The study concludes that personal data protection in photo marketplace practices still requires strengthening, both in terms of regulation and implementation. Therefore, more specific implementing regulations and enhanced platform responsibility and accountability are necessary to ensure effective protection of data subject rights in the digital economy era.
Etika dan Regulasi Penggunaan Large Language Models dalam Praktik Hukum di Indonesia Ayun Hapsari; Mawardi
Jurnal Hukum Siber dan Regulasi Teknologi Vol. 1 No. 1 (2026): January 2026
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The use of Large Language Models in legal practice in Indonesia is increasing in line with the digitalization of legal services and the development of artificial intelligence. The main issues that arise relate to the compatibility of such technology use with the ethical principles of the legal profession, as well as the adequacy of the national regulatory framework in governing it. This study employs a normative juridical method with a statutory approach and a conceptual approach through analysis of legal norms, artificial-intelligence ethics policies, and legal doctrine. The findings show that Large Language Models offer benefits in improving efficiency and access to legal information, but also pose ethical risks in the form of algorithmic bias, misinterpretation of norms, and potential violations of confidentiality and data protection. The existing regulatory framework remains general in nature and has not yet specifically regulated the use of Large Language Models in legal practice. Therefore, strengthening regulations and developing specific ethical guidelines are necessary to ensure that the use of Large Language Models remains aligned with professional responsibility, the principle of prudence, and justice in legal practice in Indonesia.
Keabsahan Alat Bukti Digital Berbasis Internet of Things dalam Hukum Acara Pidana Menurut Undang-Undang Nomor 20 Tahun 2025 Moh. Mujibur Rohman; Andes Robensyah; Ludfi; Jamaludin
Jurnal Hukum Siber dan Regulasi Teknologi Vol. 1 No. 1 (2026): January 2026
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The utilization of Internet of Things (IoT) devices in everyday social life has generated digital data that is increasingly used as evidence in criminal cases. This development raises legal issues concerning the status and validity of IoT-based digital evidence within the Indonesian criminal procedure system following the enactment of Law Number 20 of 2025 on the Criminal Procedure Code. This study focuses on analyzing the legal validity of IoT-based digital evidence and its implications for the protection of suspects’ rights in the criminal evidentiary process. The research employs a normative juridical method by examining statutory provisions, principles of criminal evidence law, and relevant legal doctrines. The findings indicate that IoT-based digital evidence is recognized as legally valid provided that it is obtained lawfully, meets the requirements of data authenticity and integrity, and is supported by digital forensic examination and expert testimony. However, the use of such evidence also poses risks to the right to privacy and the principle of due process of law if it is not accompanied by clear and proportionate procedures. Therefore, strengthening technical and procedural regulations, as well as enhancing the capacity of law enforcement authorities, is necessary to ensure that the use of IoT evidence operates fairly and in balance within the criminal justice system.
State Digital Sovereignty in the Regulation of Global Social Media Platforms Adhe Ismail Ananda; Ayun Hapsari
Jurnal Hukum Siber dan Regulasi Teknologi Vol. 1 No. 1 (2026): January 2026
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The globalization of digital space and the dominance of global social media platforms have created new challenges for states in maintaining sovereignty in cyberspace. Communication activities, information distribution, and the management of citizens’ data now largely take place on cross-border platforms controlled by global corporations. This situation raises questions regarding the limits of state authority in regulating social media platforms and its implications for freedom of expression, data protection, and national interests. This study employs a normative juridical approach by examining Indonesian legislation, principles of international law, and the doctrine of digital sovereignty. The findings show that state digital sovereignty represents an adaptation of the classical concept of sovereignty, emphasizing the state’s authority to regulate digital activities that affect its citizens and the public interest. The regulation of global social media platforms has a dual implication: it strengthens the protection of national interests while at the same time potentially restricting freedom of expression if not implemented proportionally. In addition, the strengthening of digital sovereignty poses the risk of internet fragmentation if it is not accompanied by a harmonious approach aligned with the principles of global openness. Therefore, a model of digital sovereignty regulation is required that balances state authority, the protection of human rights, and the need for international cooperation in order to build a fair and sustainable digital governance framework.
Penggunaan Biometrik dalam Layanan Publik dan Risiko Pelanggaran Privasi Abid Nurhuda; Nuri Safitri
Jurnal Hukum Siber dan Regulasi Teknologi Vol. 1 No. 1 (2026): January 2026
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The use of biometric technology in public services in Indonesia has expanded significantly in line with the digitalization of government administration and the need for accurate identification systems. The processing of biometric data such as fingerprints, facial features, and iris scans offers benefits in improving efficiency and preventing identity misuse; however, it simultaneously poses serious risks to the protection of citizens’ privacy. The main issues examined concern the legal basis for the use of biometrics in public services, the potential privacy violations that may arise, and the adequacy of the existing legal safeguards. This study adopts a normative juridical approach by examining Indonesian laws and regulations, particularly Law Number 27 of 2022 on Personal Data Protection, as well as regulations governing the provision of public services and electronic systems. The findings indicate that biometric data are classified as specific personal data that require a higher level of protection. Although a legal framework is already in place, the implementation of privacy protection in public service practices still faces challenges, including the risk of data breaches, limitations in oversight mechanisms, and weak fulfillment of data subject rights. Therefore, it is necessary to strengthen technical regulations, enhance state accountability mechanisms, and consistently apply privacy protection principles to ensure that the use of biometrics in public services does not compromise citizens’ right to privacy.
National Legal Frameworks for the Protection of Critical Digital Infrastructure in the Age of Global Cyber Threats Dybio Asih; Jona Tarigan; Ririn Berutu
Jurnal Hukum Siber dan Regulasi Teknologi Vol. 1 No. 2 (2026): May 2026
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The rapid escalation of global cyber threats has placed critical digital infrastructure at the center of national security concerns. Critical digital infrastructure - including financial systems, energy networks, telecommunications, healthcare platforms, and government information systems - has become increasingly vulnerable to sophisticated cyber attacks that transcend national borders. This study was undertaken to examine the adequacy of national legal frameworks in protecting critical digital infrastructure in the contemporary cyber threat environment. The research addresses a significant legal problem: the growing gap between the pace of technological advancement and the capacity of existing legal regimes to effectively prevent, mitigate, and respond to large-scale cyber threats. By building upon existing scholarship on cybersecurity law and critical infrastructure protection, this study seeks to provide a systematic legal analysis of national strategies and regulatory approaches in the digital era. This research employs a normative juridical method combined with a doctrinal legal analysis. Primary legal materials include national cybersecurity statutes, regulations on critical infrastructure protection, data protection laws, and relevant international legal instruments. Secondary materials consist of academic literature, policy reports, and comparative legal studies on cybersecurity governance. A comparative approach is used to examine selected national legal frameworks and identify common regulatory patterns, institutional arrangements, and enforcement mechanisms. The study also analyzes policy documents and official guidelines to assess how legal norms are translated into operational cybersecurity strategies. The findings indicate that while many states have adopted legal frameworks recognizing critical digital infrastructure as a strategic national asset, significant inconsistencies remain in regulatory scope, institutional coordination, and enforcement capacity. Most national frameworks emphasize preventive measures, such as risk assessment and incident reporting obligations, but lack comprehensive legal mechanisms for cross-sector coordination and international cooperation. The research confirms that existing laws partially address cybersecurity risks but are often reactive rather than anticipatory, limiting their effectiveness against rapidly evolving global cyber threats. The originality of this study lies in its integrated legal analysis of national cybersecurity frameworks through the lens of critical digital infrastructure protection. By linking legal norms, institutional design, and strategic objectives, the research contributes to a deeper understanding of how law can function as a proactive instrument of cyber resilience. The findings offer practical insights for policymakers and legal scholars and suggest future research directions, including the harmonization of national laws and the development of transnational legal mechanisms for critical infrastructure protection
Cybercrime and Data Protection: A Comparative Analysis of Indonesian and International Regulations Muhammad Ruslan Afandi Afandi
Jurnal Hukum Siber dan Regulasi Teknologi Vol. 1 No. 2 (2026): May 2026
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This article examines the development, structure, and remaining weaknesses of Indonesian cybercrime and personal data protection law in comparison with selected international regulatory standards. The urgency of the study arises from the rapid growth of digital services, cross-border electronic evidence, data breaches, online fraud, phishing, and AI-enabled cybercrime, while Indonesia's regulatory framework is still distributed across the Electronic Information and Transactions Law, the Personal Data Protection Law, electronic system regulations, and institutional cybersecurity mandates. Using a normative juridical method supported by systematic legal literature review and comparative legal analysis, the study evaluates Indonesian law against the GDPR, the Budapest Convention, the NIS 2 Directive, ASEAN cybersecurity cooperation instruments, and comparative models from Singapore and Australia. The findings show that Indonesia has moved beyond a legal vacuum, especially after Law Number 27 of 2022 and Law Number 1 of 2024, but still faces gaps in institutional independence, cyber incident reporting, cross-border cooperation, digital evidence procedures, risk-based obligations, and integrated supervision. The article argues that reform should prioritize harmonization among cybercrime, data protection, and cybersecurity governance instruments; establishment of a strong personal data protection authority; clearer incident-reporting duties; and structured international cooperation for electronic evidence and transnational enforcement. The novelty of the study lies in integrating cybercrime enforcement and data protection analysis into one regulatory-harmonization framework rather than treating them as separate legal regimes.
Artificial Intelligence and Criminal Liability: The Incompatibility of Autonomous Decision-Making Systems with the Mens Rea Requirement Sonali Kumari Sonali; Usha Shree Parija
Jurnal Hukum Siber dan Regulasi Teknologi Vol. 1 No. 2 (2026): May 2026
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The increasing deployment of Artificial Intelligence (AI) in autonomous decision-making systems has generated complex challenges for criminal law. Traditional criminal liability is grounded in human agency, requiring the coexistence of actus reus and mens rea. However, AI systems now operate with varying degrees of autonomy, unpredictability, and opacity, raising the fundamental question: who should bear criminal responsibility when AI causes harm? This paper examines the doctrinal compatibility of AI-related harm with existing criminal law principles, particularly within the framework of the Bharatiya Nyaya Sanhita, 2023 (BNS). Using a qualitative doctrinal and analytical legal research methodology based exclusively on statutory interpretation, judicial precedent, and contemporary scholarly literature - without reliance on empirical or experimental data - the study evaluates whether AI can be treated as a subject of criminal liability or whether responsibility must remain exclusively human-centered. The findings demonstrate that AI lacks moral agency and legal personhood, thereby preventing direct criminal attribution. Instead, liability must be distributed among developers, deployers, corporations, and regulatory authorities through a layered accountability model structured around developer responsibility, corporate governance liability, operator oversight obligations, and negligence-based attribution under existing statutory provisions. The novelty of this paper lies in integrating responsibility-gap theory with a concrete doctrinal analysis of the Bharatiya Nyaya Sanhita, 2023. Unlike prior scholarship that primarily emphasizes ethical governance or regulatory policy frameworks, this study situates AI accountability within the punitive and blame-based structure of substantive criminal law, thereby offering a legally operational model for addressing AI-related harms
Ownership Disputes over Logos Generated by Artificial Intelligence from the Perspective of Indonesian Copyright and Trademark Law Ayun Hapsari; Magdalena Yoseva
Jurnal Hukum Siber dan Regulasi Teknologi Vol. 1 No. 2 (2026): May 2026
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The use of artificial intelligence to create logos has become increasingly common in digital business practice, especially among start-ups, micro and small enterprises, content creators, and marketplace sellers that need visual identity quickly and at low cost. Legal problems arise when an AI-generated logo is claimed by more than one party, registered as a trademark, used commercially, or alleged to resemble an earlier logo. This article examines ownership disputes over AI-generated logos from the perspective of Indonesian copyright and trademark law. The research uses a normative juridical method with statutory, conceptual, and comparative approaches. The analysis shows that Indonesian copyright law remains centered on human authorship, while trademark law focuses on distinctiveness, good faith, registration, and use of signs in trade. Therefore, disputes over AI-generated logos cannot be resolved through a single legal regime. Copyright protection depends on the existence of sufficient human creative contribution in designing, selecting, modifying, and finalizing the logo, whereas trademark protection depends on distinctiveness, absence of similarity with prior marks, good faith, and commercial use. This article proposes a layered dispute-resolution model that evaluates human contribution, AI service contracts, the origin of prompts and outputs, similarity risks, trademark examination, and evidence of commercial use.
The Urgency of Mandatory Labelling of Artificial Intelligence-Generated Content to Prevent Disinformation and Digital Fraud in Indonesia Muhammad Rizal Alief Ramadhan; Allya Putri Sukamto
Jurnal Hukum Siber dan Regulasi Teknologi Vol. 1 No. 2 (2026): May 2026
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Generative artificial intelligence enables ordinary users and organised actors to create text, images, audio, and video that can imitate real persons, institutions, and events at low cost. In Indonesia, this capability intersects with existing problems of hoaxes, impersonation, consumer deception, and personal-data misuse. This article argues that Indonesia needs a binding obligation to label AI-generated and AI-manipulated content, especially when such content is distributed to the public, used in electronic transactions, or capable of affecting public trust. The research uses a normative juridical method with statutory, conceptual, and comparative approaches. It examines the Electronic Information and Transactions Law, the Personal Data Protection Law, rules on electronic system providers, and Indonesia's AI ethics policy, then compares them with transparency models in the EU AI Act, C2PA provenance standards, NIST guidance, and Chinese synthetic-content labelling rules. The analysis finds that Indonesian law can sanction false information, fraud, and unlawful data processing after harm occurs, but it does not yet impose a clear ex ante duty to disclose synthetic origin. A labelling regime would close this gap without turning every synthetic work into prohibited content. The article proposes a layered model: creator-side disclosure, provider-side machine-readable provenance, platform-side label preservation, heightened duties for political and financial-risk content, and due-process safeguards for lawful expression. Mandatory labelling should therefore be framed as a transparency and consumer-protection obligation, not as a blanket restriction on innovation

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