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Contact Name
Suyahman
Contact Email
suyahman.com@gmail.com
Phone
+6285155377406
Journal Mail Official
sahpublisher@gmail.com
Editorial Address
Jl. Pedan Karangdowo, Munggung, Karangdowo, Klaten, Central Java, Indonesia
Location
Kab. klaten,
Jawa tengah
INDONESIA
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.
Arjuna Subject : -
Articles 11 Documents
Pertanggungjawaban Pidana Pelaku Cybercrime Bermuatan Sara Pasca Berlakunya Kitab Undang-Undang Hukum Pidana Nasional Adhi Luhur Wicaksono; Muhammad Rifzal Alief Ramadhan; Farrah Eka Suryani
Jurnal Hukum Siber dan Regulasi Teknologi Vol. 1 No. 2 (2026): May 2026
Publisher : Sah Publisher

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Abstract

Digital expansion has broadened expression while heightening the risk of hate speech based on ethnicity, religion, race, and inter-group relations (SARA). The issue has grown more complex since the National Criminal Code (Law Number 1 of 2023) took effect on 2 January 2026, coexisting with the 2024 amendment to the Electronic Information and Transactions (ITE) Law. This article analyses the construction of the offence and criminal liability for SARA-related cyber crime, the relationship between Article 28(2) jo. Article 45A(2) of the ITE Law and Articles 242–243 of the National Criminal Code, and the limits set by Constitutional Court Decisions Number 105/PUU-XXII/2024 and 115/PUU-XXII/2024. Using normative juridical research with statutory, conceptual, and case approaches, the study draws on legislation, Constitutional Court decisions, and recent reputable journals. Findings show Article 28(2) is no longer complete upon mere distribution; Decision 105 requires substantive identity-based hatred, intent, public conduct, and a genuine risk of discrimination, hostility, or violence, while Article 243 governs technology-mediated statements against a group. Liability thus demands proof of intent, targeted identity, context, and genuine risk. The article proposes a harmonisation model based on narrow lex specialis, constitutional avoidance, and risk-based thresholds to prevent overcriminalisation while protecting targeted groups.

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