JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–13
Dionisius Yudi Christiano, Sutrisno Sutrisno, Kif Aminanto
This study aims to analyze and reconstruct the mandatory rehabilitation policy for drug abusers in the Indonesian legal system to reduce recidivism of drug crimes. The study employs a normative juridical method with a statutory and conceptual approach, by examining the provisions of Law Number 35 of 2009 concerning Narcotics, specifically Articles 54, 103, and 127, and their relationship to Law Number 22 of 2022 concerning Corrections and Law Number 17 of 2023 concerning Health. The results of the study indicate inconsistencies in norms and the dominance of a criminal approach in practice, which is exacerbated by the weak implementation of integrated assessments and disharmony between the legal and health sectors, resulting in overcrowding of correctional institutions and high recidivism rates. Therefore, this study proposes a reconstruction of rehabilitation policy based on integrated assessments by strengthening the position of assessment results as a binding basis, limiting the discretion of law enforcement officers, and integrating penal and non-penal approaches into a coherent system. The reconstruction is expected to create a more effective, equitable, and recovery-oriented drug abuse management system.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–15
Mario Pangihutan Sirait, Yundini Husni, Kif Aminanto
Transnational narcotics trafficking is a form of transnational organized crime that continues to grow and exploits weaknesses in border surveillance and limited coordination between countries in the law enforcement system. This study aims to analyze the effectiveness of legal regulations on cross-border cooperation and joint intelligence in stemming the circulation of narcotics from abroad to Indonesia and to formulate an ideal legal policy reconstruction in strengthening the transnational narcotics law enforcement system. This study employs a normative juridical method with a legislative approach and a conceptual approach through a study of Law Number 35 of 2009 concerning Narcotics, Law Number 17 of 2011 concerning State Intelligence, Law Number 1 of 2006 concerning Mutual Assistance in Criminal Matters, as well as the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988, and various other international legal instruments. The research concludes that legal regulations governing cross-border cooperation and joint intelligence are already in place, yet their implementation remains ineffective due to regulatory fragmentation, weak inter-agency coordination, limited intelligence-sharing systems, sectorial interests, and inadequate border surveillance. Therefore, legal policy reconstruction is needed through harmonization of national and international regulations, strengthening cross-sectorial institutions and coordination, establishing a technology-based integrated intelligence system, and enhancing cross-border operational cooperation to create a more effective, adaptive, and responsive narcotics law enforcement system to address developments in transnational narcotics crime.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–13
Gilang Indra Friyana Rahmat, Tagor Hutapea, Kif Aminanto
Student brawls are a form of juvenile delinquency that has developed into a public safety and order problem and has the potential to lead to legal violations. Sukabumi Regency still faces the problem of student brawls influenced by family factors, social environment, schools, and the use of social media. This study aims to analyze the factors that cause student brawls, evaluate the implementation of police policies for handling them, and formulate an effective Problem-Oriented Policing model for application in Sukabumi Regency. The study employs a normative juridical method with legislative and conceptual approaches. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results show that the policies for handling student brawls that have been implemented are still dominated by a repressive approach and therefore have not been able to address the root of the problem comprehensively. The application of Problem-Oriented Policing through the Scanning, Analysis, Response, Assessment (SARA) model is considered more effective because it focuses on identifying, analyzing, and resolving the factors causing brawls. This model should be integrated with child protection approaches, restorative justice, and collaboration among the police, schools, families, local governments, and the broader community to ensure sustainable prevention of brawls.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–14
Giovanni Ruben Siregar, Yopik Gani, Kif Aminanto
This study seeks to examine weaknesses in the police intelligence legal framework in detecting and making decisions related to transnational crimes, as well as to reconstruct the system by introducing predictive policing and an integrated criminal intelligence approach that ensures fairness and legal certainty. The research employs a normative juridical method with statutory and conceptual approaches, analyzing the 1945 Constitution of the Republic of Indonesia, Law Number 2 of 2002 on the Indonesian National Police, Law Number 17 of 2011 on State Intelligence, and other relevant regulations concerning transnational crime and police intelligence. The findings show that the shortcomings of police intelligence in addressing transnational crime stem from regulatory inconsistencies, weak integration of intelligence data, limited inter-agency coordination, unclear decision-making procedures, and insufficient oversight and human rights safeguards. These conditions indicate that conventional law enforcement methods are increasingly inadequate in responding to transnational crimes that are cross-border, organized, and technologically advanced. This research proposes a reconstruction of the police intelligence legal system through regulatory reform, the development of an integrated criminal intelligence system, the strengthening of predictive policing based on artificial intelligence and big data analytics, the establishment of an independent oversight mechanism, and the strengthening of international cooperation to create a modern, preventative, predictive, accountable, and equitable police intelligence system for combating transnational crime.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–16
Maulana Al Qurthubi, Albertus Wahyurudhanto, Kif Aminanto
This study aims to examine the legal challenges in preventing cyber radicalism through social media among the younger generation and to propose legal reforms by optimizing social media as a tool to strengthen national defense awareness in the digital era. The development of information technology has shifted the pattern of radicalism from conventional forms to digital radicalism, which utilizes social media as a medium for spreading extreme ideological propaganda quickly, anonymously, and across national borders. This condition has led to various legal issues, including weak normative regulation of digital radicalism, limited penal approaches, inadequate supervision of social media platforms, and low levels of digital literacy and legal awareness among the younger generation. This study employs a normative juridical research method using both a statutory and conceptual approach, analyzing the 1945 Constitution of the Republic of Indonesia, the Electronic Information and Transactions Law, the Law on the Eradication of Criminal Acts of Terrorism, and relevant regulations on national defense and cybersecurity. The results indicate that policies to combat cyber radicalism in Indonesia are still repressive and have not been able to accommodate the development of digital ideological threats in a preventive and participatory manner. Therefore, legal reform is needed through strengthening social media regulations, developing an integrated digital monitoring system, integrating national defense education and digital literacy, and developing a digital counter-narrative based on Pancasila values to shape a younger generation with national defense awareness and ideological resilience in the digital age.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–15
Riyan Permana Putra, Zulkarnein Koto, Kif Aminanto
This study aims to analyze the minimal reporting of victims of violence against women and children in the legal protection system in Indonesia and to formulate legal reforms to the reporting system based on access to justice and a victim-centered approach. The research problem stems from the high number of violence against women and children that is not proportional to the number of reports received by law enforcement officials due to weak victim protection, a culture of victim blaming, victim trauma, power relations, low gender sensitivity of officials, and a reporting system that is not yet integrated and not based on a trauma-informed approach. This study uses a normative juridical method with a legislative approach and a conceptual approach through a study of the 1945 Constitution of the Republic of Indonesia, the Law on the Crime of Sexual Violence, the Child Protection Law, the Law on the Elimination of Domestic Violence, the Law on the Protection of Witnesses and Victims, and various international legal instruments such as CEDAW and CRC. The results of the study indicate that the Indonesian criminal law system still tends to be offender-oriented, with victims not recognized as the primary subjects of legal protection. Therefore, legal reform is needed through the development of an integrated victim protection mechanism based on a digital reporting system, a trauma-informed reporting system, automated identity protection, mandatory legal and psychological assistance, strengthening the Women's Empowerment and Child Protection Unit (PPA) and the Witness and Victim Protection Agency (LPSK), and the implementation of victim-centered justice to create a reporting system that is more responsive, safe, inclusive, and oriented toward victim recovery and human rights protection.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–16
Widya Bhakti Dira, Syafruddin Syafruddin, Kif Aminanto
This study aims to analyze the legal issues of police crisis communication strategies in managing public opinion in the era of information disruption and formulate legal reforms based on digital transparency and institutional accountability to strengthen public trust in law enforcement institutions. The study employs a normative juridical method with a statutory and conceptual approach through an analysis of Law Number 2 of 2002 concerning the Indonesian National Police, the Law on Public Information Disclosure, the Law on Information and Electronic Transactions, Law Number 25 of 2009 concerning Public Services, as well as various public communication regulations and police professional codes of ethics. The study discovers that police crisis communication strategies in Indonesia continue to exhibit both normative and empirical weaknesses, including slow responses to viral issues, inconsistent information among officials, limited digital transparency, suboptimal media monitoring and digital intelligence, and the lack of comprehensive regulations governing law enforcement digital crisis communication. These conditions have led to increased disinformation, trial by social media, and a decline in the legitimacy of police institutions in the community. Therefore, legal reform is needed through the development of an integrated digital crisis governance model, including the establishment of a National Police Crisis Command Center, the implementation of artificial intelligence sentiment analysis, an early warning system, a rapid digital clarification mechanism, and the standardization of national crisis communications based on digital transparency, human rights protection, and due process of law. These legal reforms are expected to create a police public communications system that is adaptive, accountable, humanistic, and responsive to developments in information technology, in order to strengthen public trust, institutional legitimacy, and the effectiveness of law enforcement in Indonesia's digital democracy.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–16
Tito Laragatra, Ilham Prisgunanto, Kif Aminanto
Human trafficking is an organized transnational crime that not only violates criminal law but also constitutes a form of human rights violation because it eliminates the freedom, security, and dignity of victims through sexual exploitation, forced labor, child trafficking, digital exploitation, and various other forms of exploitation. This study aims to analyze the weaknesses in regulations and implementation of legal protection for victims of human trafficking in Indonesia and to formulate a reconstruction of legal reform based on access to justice in fulfilling the rights of restitution and rehabilitation of victims. This study employs a normative juridical method with a legislative approach and a conceptual approach through an analysis of Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking, Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, and various international legal instruments such as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, the Convention on the Elimination of All Forms of Discrimination Against Women, and the Convention on the Rights of the Child. The research findings indicate that the protection of human trafficking victims in Indonesia still faces various weaknesses, including the difficulty of implementing restitution, the absence of state compensation funds, weak multidisciplinary rehabilitation, limited legal aid, victim blaming, and a lack of integration of the national victim protection system. Therefore, legal reform is needed through strengthening state compensation mechanisms, establishing an integrated victim protection system, a digital victim monitoring system, strengthening the role of the Witness and Victim Protection Agency, multidisciplinary rehabilitation, and harmonizing national law with international law to achieve more humane, effective, and equitable protection for human trafficking victims based on victim-centered justice.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–16
M. Aditya Perdana, Benyamin Lufpi, Kif Aminanto
Vigilante action (eigenrichting) is a social phenomenon that signals a crisis of public trust in the criminal justice system and the limited legitimacy of law enforcement institutions in delivering justice in society. The study aims to analyze the factors causing eigenrichting, the weaknesses of legal policies and police strategies in preventing it, and formulate a reconstruction of police legal policies based on strengthening public trust and a preventive approach. The study employs a normative juridical research method under legislative and conceptual approaches through various regulations, legal theories, and doctrines relevant to the criminal justice system and police functions. The results reveal that the rise of vigilantism is influenced by low public trust in law enforcement officers, slow law enforcement processes, weak transparency in case handling, low public legal literacy, and social media, which triggers social vigilantism and instant punishment. In addition, legal policies and police strategies in dealing with eigenrichting are still repressive and have not been optimal in developing a preventive-participatory approach through community policing, digital policing, restorative justice, and an early detection system for social conflict. Therefore, a reconstruction of police legal policy is needed by strengthening transparency in law enforcement, optimizing community policing, developing cyber patrols, enhancing public legal education, and establishing a technology-based social conflict prevention system to realize a humanistic, responsive, and human rights-oriented law enforcement system within a democratic state based on the rule of law.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–16
Arham Gusdiar, Ekawati Ekawati, Kif Aminanto
The development of digital technology has led to an increase in cross-border, anonymous, and electronically based online fraud crimes, giving rise to various legal issues in the investigation process, particularly when the victim is located outside the jurisdiction of the police authority where the perpetrator committed the crime. This study aims to analyze the legal provisions governing the investigation of cross-provincial online fraud crimes within the Indonesian legal system, examine the empirical and juridical problems encountered in investigative practices, and formulate a reconstruction of an integrated online investigation legal policy based on legal certainty and digital technology. This study employs a normative legal method with a statutory and conceptual approach through an analysis of the Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), the Electronic Information and Transactions Law (UU Informasi dan Transaksi Elektronik), the Law on the Indonesian National Police (Polri), and various regulations related to handling cybercrime. The results show that the applicable investigative system is still oriented towards the conventional crime paradigm and is therefore unable to accommodate the rapid, cross-border, and digital technology-based character of cybercrime. The key problems include difficulties in determining the locus delicti and tempus delicti, overlapping authority between police regions, weak investigative coordination, limited digital forensics, slow account blocking, and poor integration of the national cyber case database. Therefore, legal policy reconstruction is needed through the establishment of an integrated cyber investigation system based on real-time investigations, strengthening cyber jurisdiction, integrating the national cyber case database, strengthening inter-agency interoperability, and legitimizing the use of artificial intelligence, cyber patrols, and digital tracking in the investigation process to create a modern, effective, and adaptive law enforcement system capable of providing legal certainty and optimal protection for victims of online fraud across provinces in Indonesia.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–16
Komang Saptapramana, Zulkarnein Koto, Kif Aminanto
The development of digital technology has given rise to a transformation in the crime of human trafficking against Indonesian migrant workers through the mode of illegal digital job placement to Cambodia, integrated with cybercrime, scam centers, and online gambling. This study aims to analyze the crime of human trafficking under the guise of digital job placement against Indonesian migrant workers in Cambodia, examine the problems and weaknesses of legal policies in its prevention, and formulate the reconstruction and legal reform of the prevention model based on human rights protection. This study uses a normative juridical method with a legislative approach and a conceptual approach through an analysis of Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking, Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, the Law on Information and Electronic Transactions, and international legal instruments related to human trafficking and human rights. The results of the study indicate that the national legal system still faces various weaknesses in the form of regulatory disharmony, weak supervision of digital recruitment, suboptimal cross-agency coordination, minimal cyber surveillance, and the absence of a digital technology-based early warning system for trafficking. Therefore, legal reconstruction and reform are needed through strengthened cyber patrols, AI-based recruitment monitoring, cross-agency data integration, digital platform oversight, increased public digital literacy, and strengthened bilateral cooperation between Indonesia and Cambodia to create an adaptive, responsive, and human rights-based protection system for Indonesian migrant workers against the threat of modern digital human trafficking.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–16
M. Reza Pranata, Sutrisno Sutrisno, Kif Aminanto
Human trafficking through digital platforms has evolved into a modern transnational crime that utilizes social media, instant messaging applications, online job platforms, and digital technology to recruit and exploit victims across borders. This study aims to analyze police legal policies in preventing digital platform-based human trafficking crimes in Indonesia, identify regulatory weaknesses and empirical obstacles faced by the Indonesian National Police, and formulate a reconstruction of cyber-policing-based legal policies in preventing human trafficking as a transnational crime. This study employs a normative juridical method compared a legislative and a conceptual approaches through an analysis of various national regulations and international legal instruments related to human trafficking and digital law enforcement. The results show that applicable legal policies are not yet adaptive to the development of digital technology-based human trafficking because they are still oriented towards a repressive approach and do not specifically regulate digital trafficking, platform liability, cyber surveillance, and preventive cyber policing. In addition, the Indonesian National Police face structural, substantial, and technological obstacles such as limited digital forensics, the use of anonymous accounts and foreign servers, weak inter-agency coordination, and a suboptimal early detection system for human trafficking in cyberspace. Therefore, a reconstruction of police legal policy is needed through regulatory reformulation, strengthening cyber policing, establishing an integrated early warning system, utilizing artificial intelligence and big data, and strengthening international cooperation to create a more effective, adaptive, and human rights-oriented digital-based human trafficking prevention system in Indonesia.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–17
Yosua Farin Setiawan, Rahmadya T. Handayanto, Kif Aminanto
This study aims to analyze the dynamics of abuse of authority in law enforcement by the Indonesian National Police in the era of social media, examine the weaknesses in regulations on the use of social media as a means of independent control, and formulate a reconstruction of legal policies for oversight of law enforcement based on digital technology. The study uses a normative juridical method with a statutory and conceptual approach through an analysis of the 1945 Constitution of the Republic of Indonesia, Law Number 2 of 2002 concerning the Indonesian National Police, the Human Rights Law, the Law on Public Information Disclosure, the Law on Information and Electronic Transactions, and various legal doctrines and theories related to digital accountability and cyber policing. The results of the study indicate that social media has developed into an effective digital social control instrument in exposing various forms of abuse of authority by police officers, such as criminalization, wrongful arrest, excessive force, obstruction of justice, and human rights violations. However, the national legal system still experiences regulatory weaknesses, disharmony of norms, limited internal and external oversight, and the lack of adequate legal protection for citizen reporters and digital whistleblowers. Furthermore, the use of social media also gives rise to various problems such as trial by social media, cyber mob justice, hoaxes, and violations of the presumption of innocence, which have the potential to disrupt the due process of law. Therefore, legal policy reconstruction is needed by strengthening cyber accountability policing, establishing a national digital complaint system, strengthening the authority of the National Police Commission (Kompolnas), protecting digital reporters, validating citizen evidence, and developing a technology-based case handling transparency system to realize a transparent, participatory, democratic, and human rights-based law enforcement system in the digital era.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–13
Diamond Romansa Bangun, Supardi Hamid, Kif Aminanto
This study aims to analyze the weaknesses of the traffic law system in handling risky behavior of road users, examine risky behavior as a form of modern crime from a traffic criminology perspective, and formulate legal reconstruction and reform to reduce traffic accident fatalities in Indonesia. The study employs a normative juridical method with a statutory and conceptual approach through an analysis of Law Number 22 of 2009 concerning Traffic and Road Transportation, Law Number 2 of 2002 concerning the Indonesian National Police, as well as various criminological theories and behavioral regulation concepts. The results of the study indicate that the high fatality rate of traffic accidents is predominantly caused by risky behavior of road users, such as speeding, reckless driving, use of mobile phones while driving, illegal racing, underage drivers, and aggressive driving behavior, which is reinforced by the influence of social media and the development of digital technology. The traffic law system in Indonesia is still repressive and administrative in nature, so it has not been able to control dangerous behavior in a preventive and predictive manner. Therefore, legal reform is needed through strengthening the traffic criminology approach, reformulating legal norms based on risk levels, integrating digital surveillance and artificial intelligence, strengthening predictive policing, developing behavioral traffic regulations, and fostering a traffic safety culture based on protecting the right to life and public safety. These legal reforms are expected to create a more adaptive, effective road safety system oriented toward preventing traffic accident fatalities in Indonesia.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–17
Iwan Matthew Frans Kapojos, Yundini Husni, Kif Aminanto
The development of Indonesia's digital society has driven the transformation of conventional crime into modern cybercrime, one of which is online gambling, which has grown massively, anonymously, and transnationally through the use of information technology, social media, financial technology, cryptocurrency, and cross-border digital platforms. This study examines weaknesses in the legal framework and challenges in implementing cyber policing in the prevention and prosecution of online gambling in Indonesia. It also seeks to develop a reconstruction of cyber policing law through the integration of cyber surveillance and digital community protection. The research adopts a normative juridical method using statutory and conceptual approaches, analyzing various legal instruments, including the Criminal Code, the Electronic Information and Transactions Law, the Police Law, the Personal Data Protection Law, as well as relevant legal doctrines and theories. The results of the study indicate that the Indonesian legal system still has normative weaknesses, such as the absence of specific cyber policing regulations, weak regulations on cyber surveillance and digital evidence, limited cyber jurisdiction, and the suboptimal integration of digital transactions and cyberspace supervision between state institutions. The implementation of cyber policing also faces obstacles in the form of limited cyber investigators, minimal digital forensics infrastructure, weak cyber intelligence, and the low use of artificial intelligence in cyber surveillance. Therefore, a reconstruction of cyber policing law is needed through the establishment of comprehensive national regulations, strengthening of an integrated cyber monitoring system, the establishment of a national cyber command center, strengthening predictive policing based on artificial intelligence, harmonizing cross-sectoral regulations, and strengthening international cooperation to create a digital law enforcement system that is preventative, integrative, adaptive, and based on protecting the digital community in Indonesia.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–18
Zikri Muamar, Syafruddin Syafruddin, Kif Aminanto
The development of digital technology has shifted the pattern of human trafficking crimes from conventional methods to anonymous, rapid, and cross-border recruitment based on social media and online platforms. This study aims to analyze the weaknesses of the Indonesian legal system in addressing digital recruitment in human trafficking crimes, examine the problems of law enforcement by the Indonesian National Police, and formulate an ideal legal reconstruction and reform in dealing with digital-based human trafficking. This study employs a normative juridical method that combines legislative and conceptual approaches by analyzing various regulations related to human trafficking crimes, information technology, cyber law enforcement, and legal protection. The results of the study indicate that national regulations, such as Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking and the Law on Information and Electronic Transactions, do not specifically regulate the supervision of digital recruitment, digital platform accountability, cyber patrols, digital surveillance, and cross-border enforcement mechanisms. In addition, the Indonesian National Police still faces limitations in cyber policing, minimal digital forensic capacity, difficulties in tracking anonymous accounts, and weak inter-agency coordination in handling digital-based human trafficking. Therefore, legal reconstruction and reform are needed through strengthening cyber policing, integrating cyber patrols and digital intelligence, optimizing electronic evidence, regulating digital platform obligations, and strengthening international cooperation to build a law enforcement system that is responsive, preventative, and adaptive to developments in digital technology.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–16
Ridwan Mohamad Faisal, Yopik Gani, Kif Aminanto
The digital economic transformation has changed the structure of the national financial system and given rise to various new forms of risks that have the potential to disrupt national macroeconomic stability, such as cyber attacks on the financial sector, digital bank runs, financial data leaks, digital asset volatility, and the dominance of global technology platforms in payment systems and economic transactions. This study aims to analyze the weaknesses of the legal framework for financial system stability supervision in Indonesia in the face of the risk of a digital crisis, examine the relationship between institutional resilience and state capacity on macroeconomic stability, and formulate a legal reformulation of financial system stability supervision based on digital risks towards Indonesia Emas 2045. This study employs a normative juridical method with legislative and conceptual approaches through an analysis of the Bank Indonesia Law, the Financial Services Authority Law, the Financial System Crisis Prevention and Management Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law. The results of the study indicate that the legal system for financial supervision in Indonesia still faces fragmentation of authority, weak institutional coordination, limited cyber resilience regulations, and the absence of integrated digital financial supervision capable of comprehensively anticipating digital threats. Therefore, legal reform is needed through strengthening cyber financial governance, establishing a digital crisis management framework, integrating a national early warning system, strengthening financial data protection, and developing an adaptive, responsive, and resilient digital financial oversight system to strengthen the state's capacity to maintain macroeconomic stability towards Indonesia Emas 2045.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–17
Bambang Yulianto, Albertus Wahyurudhanto, Kif Aminanto
The development of digital transformation has led to the emergence of digital radicalization or cyber radicalization as a new form of threat to national security that develops through social media, encrypted communication, artificial intelligence, and various cyberspace-based digital platforms. This study aims to discuss the threat of digital radicalization from a national legal perspective, examine the weaknesses of conventional cyber surveillance and law enforcement systems in Indonesia, and formulate a legal reconstruction of smart policing based on big data and cyber intelligence in preventing digital radicalization. This study employs a normative juridical method under legislative and conceptual approaches by analyzing various regulations related to cybersecurity, terrorism, personal data protection, and digital law enforcement. The results show that the Indonesian legal system still faces regulatory disharmony, weak integration of authority between institutions, limitations in cyber intelligence, and the absence of a comprehensive legal basis for cyber surveillance, predictive policing, and the use of artificial intelligence in cyberspace surveillance. Therefore, legal reform is needed through the establishment of national smart policing regulations, integration of big data for cybersecurity, strengthening cyber intelligence, institutional harmonization, and the development of an accountable digital surveillance system based on human rights protection. The legal reconstruction is expected to create an effective smart policing system to prevent the spread of digital radicalism while still ensuring the principles of the rule of law, constitutional democracy, and the protection of citizens' privacy rights in Indonesian cyberspace.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–16
Fani Asiah Pratidina, Vita Mayastinasari, Kif Aminanto
The development of social media and online games has transformed the pattern of radicalism, spreading from conventional methods to digital radicalism, which is more hidden, interactive, and difficult to monitor by conventional legal systems. Children are a vulnerable group to exposure to radical ideology due to the high intensity of digital space use, weak digital literacy, and the influence of social media algorithms and online game virtual communities that form echo chambers and soft radicalization. This study aims to analyze the legal problems in preventing and handling child victims of exposure to digital radicalism through social media and online games, and to formulate an ideal legal reconstruction and reform from the perspective of child protection in Indonesia. This study employs a normative juridical method with statutory and conceptual approaches through an analysis of various regulations related to child protection, cyber law, and the eradication of terrorism. The results show that the Indonesian legal system is still partial and does not have specific regulations regarding the protection of children from exposure to digital radicalism, including weak supervision of digital platforms, the absence of a national early detection system, and the dominance of a repressive approach in handling children exposed to radicalism. Therefore, legal reform is needed through reformulating digital-based child protection regulations, strengthening the legal responsibility of social media and online gaming platforms, establishing a national digital early warning system, harmonizing child protection laws with cyber and criminal law, and developing a child-specific deradicalization model based on psychological rehabilitation and social reintegration. These legal reforms are expected to build a child protection system that is preventive, rehabilitative, humane, and responsive to developments in digital technology in Indonesia.
JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–17
Adrian Batubara, Vita Mayastinasari, Kif Aminanto
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.