POTENTIAL TECHNOLOGICAL INTERVENTIONS IN TRANSNATIONAL CRIME FROM THE PERSPECTIVE OF CRIMINAL LAW IN INDONESIA

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HERNAWATI RAS, NUGRAHA PRANADITA, IMAS ROSIDAWATI WIRADIRJA

Abstract

Any crime can essentially become a transnational crime, as long as it contains foreign elements. Transnational crimes can also occur in all countries around the world. Therefore, transnational crime is a common problem of nations around the world, and one of the mechanisms that can be used to address it is through international conventions and treaties. The era of the fourth industrial revolution is a knowledge-based era, where various alternatives for fulfilling human needs are more knowledge-based. It is an era characterized by massive utilization of digital technology and artificial intelligence in various aspects of human life. The dark side of the fourth industrial revolution era is that the rapid development of science and technology is not only utilized for improving human quality of life and happiness, but also misused to commit crimes. The problem of this research is whether the criminal law in Indonesia is able to solve legal problems related to transnational crimes committed using advanced science and technology.
This research is normative juridical research, using secondary data which is then categorized into primary, secondary, and tertiary legal materials, which are then analysed qualitatively. The research approach used is a combination of legal and conceptual approaches.
The results of this research are that Indonesian criminal law is only able to enforce criminal law within the jurisdiction of Indonesia. Although assisted by international conventions and treaties, Indonesian criminal law has not been able to enforce the law against transnational criminals who are outside the jurisdiction of any country. Indonesian criminal law can only enforce the law against conventional legal subjects (individuals or corporations), but cannot enforce the law against contemporary legal subjects created by science and technology, such as artificial intelligence, even if such artificial intelligence has clearly committed a criminal act.

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Criminal Law