Criminal Liability of Digital Platforms for Cybercrimes Committed Through Electronic Systems

The development of digital platforms has created new challenges in determining criminal liability for cybercrimes committed through electronic systems. This study aims to analyze the construction and limits of criminal liability of digital platforms based on Indonesian criminal law. The research uses normative legal research methods with legislative, conceptual, and case approaches. The results of the study show that digital platforms cannot be criminally accounted for just because criminal acts are committed through the system they manage. Accountability must be based on the existence of legal obligations, violations of obligations, mistakes, levels of control, knowledge or ability to estimate risks, ability to prevent or respond, and causal relationships with criminal acts. Thus, clear parameters are needed to distinguish platforms that are neutral from platforms that legally contribute to the occurrence of criminal acts. This construction is important to create a balance between legal certainty for platforms and legal protection for victims of cybercrimes.

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Publication Details

Journal
Contemporary Journal of Applied Sciences
Published
2026-10-31
DOI
https://doi.org/10.55927/cjas.v4i10.18
Primary Topic
Cybercrime and Law Enforcement Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Criminal Liability of Digital Platforms for Cybercrimes Committed Through Electronic Systems

Jefri Simanjuntak, Nurhilmiyah
1 links
Contemporary Journal of Applied Sciences
Cybercrime and Law Enforcement Studies
article

Criminal Liability of Digital Platforms for Cybercrimes Committed Through Electronic Systems

Jefri Simanjuntak, Nurhilmiyah
article en

Abstract

The development of digital platforms has created new challenges in determining criminal liability for cybercrimes committed through electronic systems. This study aims to analyze the construction and limits of criminal liability of digital platforms based on Indonesian criminal law. The research uses normative legal research methods with legislative, conceptual, and case approaches. The results of the study show that digital platforms cannot be criminally accounted for just because criminal acts are committed through the system they manage. Accountability must be based on the existence of legal obligations, violations of obligations, mistakes, levels of control, knowledge or ability to estimate risks, ability to prevent or respond, and causal relationships with criminal acts. Thus, clear parameters are needed to distinguish platforms that are neutral from platforms that legally contribute to the occurrence of criminal acts. This construction is important to create a balance between legal certainty for platforms and legal protection for victims of cybercrimes.

Contemporary Journal of Applied SciencesVol. 4(10)
Universitas Muhammadiyah Sumatera Utara (ID)
Peace, justice, and strong institutions
Openalex Percentile: Top 6%
Cybercrime and Law Enforcement Studies
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Criminal Liability of Digital Platforms for Cybercrimes Committed Through Electronic Systems — Jefri Simanjuntak, Nurhilmiyah · Contemporary Journal of Applied Sciences (2026) | TGRS Research Map | TGRS