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The Role of Legal Digitization on Cybercrime Control in Indonesia Jenda Ingan Mahuli Faculty of Law, Universitas Pembinaan Masyarakat Indonesia, Medan, Indonesia
2023
Journal:  
Journal of International Trade, Logistics and Law
Author:  
Abstract:

The purpose of this research is to find out and analyze the extent of the efforts made by the Government and the DPR in overcoming the problems of articles that are multi-interpreted in several existing laws in Indonesia regarding the use of digital applications so that there is legal certainty, and bring up fair and transparent law enforcement. This research discusses the efforts made by the Government and the DPR in an effort to minimize the existing turmoil by doing various ways in order to overcome the problems associated with articles that are multi-interpreted in several existing laws in Indonesia regarding the use of digital applications, besides that in other studies only on the description of multi-interpreted articles and the explanation of the case, while in this research there is an addition on how to overcome problems to prevent turmoil in the community related to multi-interpreted articles that affect legal certainty and law enforcement.  The research method used is descriptive qualitative analysis with a literature research approach. From the results of existing research, the conclusion of this study is that there are several articles of multiple interpretations that exist in the laws and regulations in force in Indonesia, where the article is article 27 paragraph 2 and article 28 paragraph 2 of Law No. 11 of 2008 concerning ITE and Article 1 Paragraph 4 of Law No. 27 of 2022 concerning the protection of personal data that is detrimental to society, as has happened in several cases in Indonesia. In addition, from the results of the research, it can be seen that there are several ways to prevent this multi-interpretation article, namely by conducting restorative justice for handling cases related to digital use activities, the efforts of the community to conduct judicial reviews of articles that are multi-interpreted when using digital applications, and the Government's desire to revise several articles in the law relating to the use of digital applications. If the implementation of articles that are contrary to the conscience of the people, which are multi-interpretive and also not in accordance with what the community expects is continued, it will make the State lose its authority, and the law will not be dealt with properly, to the detriment of the community, where this article will erode public confidence in law enforcement in Indonesia which is currently being tested because of the incompetence of law enforcers in handling cases.

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Journal of International Trade, Logistics and Law

Field :   Hukuk; Sosyal, Beşeri ve İdari Bilimler

Journal Type :   Ulusal

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Article : 205
Cite : 75
2023 Impact : 0.062
Journal of International Trade, Logistics and Law