JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN

Journal Information
ISSN / EISSN : 1410-7724 / 2655-7479
Published by: Universitas Surabaya (10.24123)
Total articles ≅ 40
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Hamdan Mustameer
Jurnal Yustika: Media Hukum Dan Keadilan, Volume 25, pp 40-53; https://doi.org/10.24123/yustika.v25i01.5090

Abstract:
The era of Society 5.0 is a condition of society that is required to solve various challenges and social problems by utilizing various innovations that were born in the era of the Industrial Revolution 4.0 such as the Internet on Things, Big Data, Artificial Intelligence, and robots to improve the quality of human life. The new things in Era Society 5.0 should not change law enforcement based on decision-making, the freedom of legal institutions in deciding cases, the professionalism of the apparatus, and public transparency. The rapidity of this era in entering the country during the Covid-19 pandemic, triggering cybercrimes that use new tools such as virus spread, and cracking. One of the crimes that the state is vulnerable to is Cyber Espionage. This crime is an act of espionage that takes advantage of advances in technology and information. As a state of law, Indonesia is required to have policies that regulate Cyber Espionage actions while still paying attention to aspects of international law so that law enforcement in Indonesia can run smoothly. To find out the readiness of Indonesian law in facing the threat of Cyber Espionage, we write this article with a normative juridical research with three approaches, conceptual approach, statutory approach, and comparative approach. The results of our research show that the national legal instruments in Indonesia are still limited to the Electronic Information and Transaction Law (ITE), Government Regulations regarding its implementation, Presidential Regulations on National Defense (Perpreshanneg), and the absence of policies that specifically regulate cyber crimes.
Muhammad Deckri Algamar, Aliya Ilysia Irfana Ampri
Jurnal Yustika: Media Hukum Dan Keadilan, Volume 25, pp 25-39; https://doi.org/10.24123/yustika.v25i01.5091

Abstract:
Child celebrities coming from Youtube, TikTok, and other social media are at high risk of being exploited and sexualized over their content. As Youtuber parents nonchalantly record their children without worries about exposing their privacy to the internet, predators lurk while seeking to exploit the minors at any moment’s notice. The loss of privacy experienced by child celebrities may contribute to the loss of self-ownership, even leading to cases of depersonalization where children become unable to separate their authentic identity from their celebrity persona. Furthermore, another concerning issue on disseminating child sexual abuse materials depicting child celebrities further threatening minors on the internet.Where regulations have been put in place to protect children in conventional manners, it is being challenged when facing the new Deepfake technology that can create artificially generated pornographic content using the child’s face. Through literary review over materials related to child celebrity’s privacy and the rampant use of Deepfake. This paper proposed that a crossover between Pornography Law, ITE Law, and Child Protection Law is required in adapting to these unconventional circumstances. Specifically, this paper explores the option to utilize “Hak Untuk Dilupakan” as stipulated under Article 26 of UU ITE to protect children’s privacy and prevent certain content from being further disseminated, either by delisting or through a take-down mechanism under court orders.
Ahmad Habib Al Fikry
Jurnal Yustika: Media Hukum Dan Keadilan, Volume 25, pp 11-24; https://doi.org/10.24123/yustika.v25i01.5076

Abstract:
Today, online gender-based violent crime is a global crisis phenomenon. This crime that takes human rights is spreading like cancer cells because it is in line with the development of the world which is closely related to advances in information and communication technology. This condition then places humans to have an attachment to these entities in everyday life. The coherence is the increasing incidence of these crimes that have transcended the scale of the crisis through the dimensions of cyberspace that give rise to complexity. Therefore, it is necessary to strengthen the legal system that focuses on victims of online gender-based violence. The aims of this paper are: (i) to explain online gender-based violence as a crime in cyberspace; and (ii) describe the framework for strengthening the legal system to combat online gender-based violence in Indonesia. The author uses a normative juridical writing method. The results show that: (i) online gender-based violence is part of crime in cyberspace; and (ii) the framework for strengthening the legal system is carried out through a 3-point approach, including aspects of the system, legal culture, and access to justice. These three aspects are carried out as a form of preventive and repressive efforts so that online gender-based violent crime law enforcement can work effectively. In addition to empowering women and reducing the number of crime cases, through this comprehensive framework, crime victims can obtain legal protection so that their rights can be fulfilled.
Bhanu Prakash Nunna, Gerd Ferdinand Kirchhoff, Manjushree Palit
Jurnal Yustika: Media Hukum Dan Keadilan, Volume 25, pp 54-64; https://doi.org/10.24123/yustika.v25i01.5110

Abstract:
The crime victim frequently suffers psychological/emotional damages along with physical, financial, and social damages. Understanding the damages victims suffer is essential in complex victim care. Individuals, criminal justice institutions, and victim support organizations attending to a victim post-victimization must be mindful of these damages to assist better and avoid further emotional damage in the form of secondary victimization. We accept the Criminal Justice System (CJS) as a given solution to criminalizable situations in society. There are enough indicators that challenge its effectiveness and use. In fact, our belief in its function is not based on any facts. In this paper, we examine where we fundamentally went wrong in our concepts of the criminal justice system; from crime to punishment and rehabilitation of offenders, from victimization to justice, and victim support. Furthermore, the article identifies some of the challenges that professionals in CJS and victim support face, including a fundamental belief that “victims are revengeful”, professional language use, and scientific knowledge limitations.
Angeline Danica, Novita Aristyana, Charine Elsina Natalia Tahapary, Ramadhanis Samadi
Jurnal Yustika: Media Hukum Dan Keadilan, Volume 25, pp 1-10; https://doi.org/10.24123/yustika.v25i01.4808

Abstract:
Generally, marriage is a moment of happiness, but it cannot deny that when marriage occurs, it brings misery in it such as Domestic Violence. There are several causes of Domestic Violence which split into various aspects, and one of them is sexual violence. This often makes the wife in a weak position or has a more inferior position, making her victim of her husband. The marital status that binds the wife as the victim and the husband as the perpetrator should not abolish the woman's rights over her body. The wife's position as a victim causes her physical and psychological traumatization, making the community also take responsibility by providing moral support. Not necessarily blaming the victim and justifying the behaviour of the perpetrator because it is still considered forbidden for the community to interfere in household matters. Any form of violence and its occurrence is not something that can be accepted and justified in the rule of law in each country. Therefore, the purpose of this paper is to discuss acts related to sexual harassment without the victim's consent even in a marriage bond, known as marital rape. In Indonesia, the criminal act of domestic violence is regulated in Act No. 23 of 2004, which concerns the elimination of domestic violence, requires a clear and firm implementation, because the law must provide protection to victims and the accountability of perpetrators of such violence must be adjusted to the applied laws and regulations.
Candya Upavata Kutey Karta Negara, Daeli Subrianty, Kamelia Desi Awaliah
Published: 21 February 2022
Jurnal Yustika: Media Hukum Dan Keadilan, Volume 24, pp 103-118; https://doi.org/10.24123/yustika.v24i02.4597

Abstract:
The education quality in Indonesia occupied 72nd in every 79 countries according to the programme for international student assessment (PISA) survey in 2018. With literacy, mathematics, and science, Indonesia is still below average. For 18 years of assessment, the scores of students' abilities in Indonesia always under the world standard score. Remote learning carried out by the Covid-19 pandemic provided a paradigm shift for Indonesian education toward digitization. This is rising a new learning concept called hybrid learning. In order to achieve a sustainable hybrid learning to improve the quality of education in Indonesia, there are several legal questions about disharmonizing regulations in Indonesia's education sector. This study purposed to know the application of the hybrid learning as a digital transformation of sustainable education in Indonesia also reconstruction of the laws in Indonesian education through the cognate bills methods in order to promote hybrid learning in Indonesia. This study using the normative legal study that uses secondary and tertiary data sources as support data. Data analysis using statute approach, conceptual approach, and analytical approach. Studies indicate that: (1) hybrid learning integrating an interface learning system with online learning as a support tool implemented in Indonesian education systems; (2) the reconstruction of legislation o n the education system in Indonesia through the cognate bills method of accommodating the concept of hybrid learning can be a progressive solution in education transformation. Therefore, with emphasis and centralized effort on the education sector, it is expected to improve the quality of education in Indonesia.
Igam Arya Wada
Published: 21 February 2022
Jurnal Yustika: Media Hukum Dan Keadilan, Volume 24, pp 91-102; https://doi.org/10.24123/yustika.v24i02.4779

Abstract:
In 2020, Indonesia is mandated by Law No. 10 of 2016 on the second amendment to Law No. 1 of 2015 on the Election of Governors, Regents, and Mayors to conduct simultaneous elections. But on the other hand, the Government of Indonesia also has a policy in an effort to control cases of the Covid-19 pandemic in Indonesia by limiting people to gather. This is a dilemma, that the key to the success of the election is one of them is seen from the level of participation of the people who attended to vote. However, this is doubtful considering that the public still has fears of being exposed to the covid-19 virus. Thus, this article aims to see the success of the implementation of the Sentak Election in 2020 judging from the aspect of democracy, especially public participation. In an effort to achieve this goal, this article was written with literature research that emphasizes the legislative approach and conceptual approach. Therefore, this article concludes that the implementation of simultaneous elections in 2020 still presents many problems in various aspects and still many received rejection from the public, so that it has an impact on the level of participation.
Stella Hita Arawinda
Published: 10 February 2022
Jurnal Yustika: Media Hukum Dan Keadilan, Volume 24, pp 76-90; https://doi.org/10.24123/yustika.v24i02.4599

Abstract:
Rapid development of science and technology has become an indicator of disruption era in which innovation and fundamental changes happens. Amidst COVID-19 pandemic enforced the government to limit social mobility and shift all offline activities to online since early 2020 and bring impact in escalating people's access to cyberspace. One of the logical implication is increasing cases of online gender-based violence towards Indonesian women. Referring to definition by the Broadband Commission for Digital Development, online gender-based violence is a technology-facilitated act of gender-based discriminative violence towards certain person and causing traumatic effects. The Annual Record of Violence Against Women issued by Indonesia’s National Commission on Violence Against Women in 2021 stated that the online gender-based violence rise significantly to 699 cases or up to 300% in the past 2 years (2019 until 2020). Based upon this urgency hence formulated a research comprise of: (1) The dynamics of violence against Indonesian women during the COVID-19; (2) Analysis and evaluation of RUU PKS and UU ITE as the legal basis to protect women as victims of online gender-based violence; (3) Optimization of the institution in protection for women as victims of online gender-based violence during pandemic. This research uses normative juridical method with literature study approach. The results are several weaknesses still founded in Indonesia’s legal instruments, especially in UU ITE as Indonesia’s Cyber Law to overcome online gender-based violence. However, RUU PKS will be useful when legalized. As for the existence of legal protection supporting institutions, still needs to be optimized.
Anisa Isti Briliany, Anajeng Esri Edhi Mahanani
Published: 10 February 2022
Jurnal Yustika: Media Hukum Dan Keadilan, Volume 24, pp 63-75; https://doi.org/10.24123/yustika.v24i02.4591

Abstract:
The industrial revolution 4.0 in Indonesia can be seen by the massive use of the internet in people's daily activities through electronic systems in the form of websites and applications for searching information, socializing and commercial activities. Access of applications become easier by installing on personal gadgets such as smartphones that are supported by one of the best known operating systems, which is Android with Google Play Store as digital application service provider. However, behind all the conveniences some applications demand a lot of user personal data such as detailed user financial information to continue transactions. It has the risk of violating the law that injures the rights of others due to violating laws and regulations, or violating the interests of others as specified in Article 1365 of the Civil Code. Through this research, it can be identified that there are forms of unlawful acts that occur for the misuse of personal data, namely vulnerabilities in data security, lack of transparency over the fate of data through notifications, and administrative defects in providing applications. The three types of unlawful acts are reviewed based on the applicable regulations including Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, Government Regulation Number 71 of 2019 concerning System Operations and Electronic Transactions, and Google Play Store regulations in the form of program developer policies and developer distribution agreements, in hope that a dispute resolution can finally be found either through litigation or non-litigation. Keywords : unlawful act, transparency, personal data
Nurharsya Khaer Hanafie, Fatimah Hidayahni Amin, Ririn N.
Published: 31 December 2021
Jurnal Yustika: Media Hukum Dan Keadilan, Volume 24, pp 119-130; https://doi.org/10.24123/yustika.v24i02.4775

Abstract:
Legal studies have two types of research, namely normative legal research and empirical legal research. According to Peter Mahmud Marzuki, normative legal research is a process to find a rule of law, legal principles, and legal doctrines to answer the legal problems faced. Normative legal research is carried out to produce new arguments, theories or concepts as prescriptions in solving problems at hand. The research of this article aims to find out the principles of contracting for professional football players so that professional sports players in entering into a business agreement can find the contract principles contained in contracts made by professional sports players. In theory, this article will examine the extent to which contracts in civil law that apply in general can be translated into contracts for professional sports players that will apply specifically or lex specialis because they contain elements of civil and business contracts in the form of a special contract that is characterized by a contract for Professional sports players, especially football.
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