Realism: Law Review

The Deterrence Dilemma: Assessing Criminal Liability Standards for Emerging Digital Offenses in the AI Era

2025-12-22T00:54:13+00:00

The exponential growth of artificial intelligence technology has presented unprecedented challenges to traditional criminal accountability frameworks, particularly in dealing with AI-based digital crimes that operate beyond conventional mens rea doctrines. This study examines the adequacy of Indonesia's criminal law provisions in regulating autonomous AI systems and proposes comprehensive accountability standards to achieve optimal deterrence while ensuring legal certainty. Using normative juridical methodology with legislative, conceptual, and comparative approaches, this study analyzes primary legal materials including Law Number 1 of 2023 concerning the Criminal Code and Law Number 19 of 2016 concerning ITE, complemented by contemporary academic literature on AI criminality and international cybercrime instruments. The findings reveal critical gaps in the current regulatory framework, suggesting that existing provisions are inadequate to address the complexities of AI-based crimes such as deepfake fraud, automated hacking, and algorithmic manipulation. The study proposes a hybrid liability model that integrates the principles of strict liability, negligence-based liability, and vicarious liability adjusted to AI risk categories. The study concludes that effective deterrence requires reconceptualization beyond punitive sanctions to include preventive mechanisms, while legal certainty demands risk-based differentiated standards and capacity building of digital forensics supported by international cooperation frameworks.

Keywords: artificial intelligence; criminal liability; digital crime; prevention theory; legal certainty.

The Phenomenon of Autocratic Legalism in the Formation of Laws and Regulations in Indonesia

2026-01-17T04:44:25+00:00

The autocratic phenomenon of legalism in the formation of laws and regulations in Indonesia refers to the use of legal instruments to consolidate authoritarian power through a process that seems legal, but is contrary to democratic principles. This study aims to analyze how this practice occurs in the legislative process, as well as its impact on the Indonesian constitutional system. Through a qualitative approach with literature studies and case analysis. This study found that autocratic legalism is manifested through executive dominance in law-making, weakening of public participation, and the use of law as a tool of repression. Concrete examples include the hasty passage of the Job Creation Law and the revision of the KPK Law that reduces the independence of anti-corruption agencies. As a result, there has been a narrowing of the democratic space, inequality in law enforcement, and a weakening of the legislative oversight function. This study concludes that a more transparent and participatory reform of the legislative process is needed to prevent the degradation of constitutional democracy in Indonesia.

Parental Misconduct in Child Education: A Legal Perspective on Parents’ Reactions to School Discipline in Indonesia

2026-02-03T02:05:56+00:00

This article examines parental misconduct in the context of child education, specifically focusing on legal perspectives regarding parents’ reactions to school discipline in Indonesia. The study seeks to analyze how parental interventions, whether excessive or lacking, can disrupt the effectiveness of school disciplinary processes, potentially contravening principles enshrined in national child protection laws. By reviewing statutory regulations such as Law No. 35/2014 on Child Protection and corresponding Ministerial Regulations, this research explores the boundaries of parental rights and responsibilities when responding to disciplinary measures imposed by schools. The methods applied center on normative legal analysis and comparative studies of recent case examples in Indonesian schools. The results reveal ongoing tension between parental authority and school autonomy, highlighting frequent legal ambiguities that complicate child-friendly disciplinary enforcement. The article concludes that balanced cooperation between schools and parents, rooted in legal clarity and mutual respect, is essential for effective child discipline and educational safety in Indonesia.