The Impact of Digitalization on Indonesian’s Living Law and

Demographic Bonuses

Handojo Dhanudibroto and Tuti Widyaningrum

University 17 August 1945 Jakarta, Indonesia

Keywords: Customary Law, Digitalization, Living Law, Enforcing Law.

Abstract: Customary law is not a legacy of the past, but it is still relevant in the modern era. Modernization is made

possible by advances in technology, globalization, and global free trade. Indonesia is expected to receive a

demographic bonus in 2020-2035, with the majority of the population in the productive age group. The growth

of demographic bonuses in this era of digitalization, poses threats, such as manipulation of data and weakening

of the social order which also threatens the living law in Indonesia. Despite the decline of legal centralization,

customary law must adapt to the digital era, ensuring decisions are rooted in the values of the Indonesian

nation. Balancing customary law with digitalization is crucial for the country's prosperity. Digitalization poses

challenges to customary law, including cultural erosion, intellectual property rights, privacy, and data

protection. The productive ages in Indonesia are also a fragile sub-group that must be concerned and protected

in the shifting culture from traditional to digitalization by taking steps to enforce the living law, enriching the

knowledge of digitalization, strengthening legal frameworks, promoting digital literacy, and collaborating

with technology companies and creating deterrent punishment for those who create hoaxes, scam, and other

digital manipulation makings. Finally, the courts play a crucial role in istinguishing between hoaxes and

truths, ensuring impartial evaluation and application of the law.

1 BACKGROUND

Some people argue that customary law is a legacy of

the past so it is less suited to modern life as it is now,

which is entering the era of modernization. This

opinion, perhaps, is not wrong but it is also not

entirely correct. It is said to be true because it is

recognized that customary law is traditional, while

life in the current era demands everything modern.

This is not entirely true, because it turns out that

several statutory regulations were introduced from

customary law. Apart from that, customary law is also

dynamic in accordance with the dynamics of humans

who adhere to customary law. Modernization is

generally understood by people as a process in human

life towards a society that covers all of the world

(Abdulrahman, 1984).

This process is made possible and made easier by

advances in technology, especially open

communication and transportation technology and the

globalization of the role of markets, investment and

production processes of transnational companies,

which are then strengthened by ideology and a new

world trade order under a rule set by the organization.

global free trade.

Population experts predict that Indonesia will

receive a demographic bonus in 2020-2035, in other

words, the majority of the population will be in the

productive age group, compared to the relatively

small proportion of children and the elderly. The

percentage of Indonesia's population of working age,

or those aged between 15 and 64 years, is very

important for the continuity of society, the state, and

the country. In 2035, when the proportion of the

productive workforce will reach 64% of the total

population, projections will benefit from

demographic changes. At that time, Generation Z and

Millennials aged between 8 and 25 years made up the

majority of the population in Indonesia. Every year it

is estimated that there will be 2 million people of

working age aged 39 years or older. Improving the

quality of human resources is very important if we

want to take advantage of the potential benefits of this

demographic.

The potential for demographic bonuses is very

large, but in this age range, the threats in this

population subgroup are also big, where the threat

that often causes shocks are the negative effects of

486

Dhanudibroto, H. and Widyaningrum, T.

The Impact of Digitalization on Indonesian’s Living Law and Demographic Bonuses.

DOI: 10.5220/0012582800003821

Paper published under CC license (CC BY-NC-ND 4.0)

In Proceedings of the 4th Inter national Seminar and Call for Paper (ISCP UTA ’45 JAKARTA 2023), pages 486-497

ISBN: 978-989-758-691-0; ISSN: 2828-853X

digitalization, such as the ability of digitalization to

manipulate to create hoaxes and scams. In the field of

customary law and national law, digitalization also

has a role in carrying out threats to the legal system,

even the theory of truth testing, which has been

adhered to for decades by law enforcers, social

scientists, and experts, can fail if digitalization carries

out manipulations that are not countered.

2 FORMULATION OF THE

PROBLEMS: DAS SEIN

a. Demographic bonuses are advantages that

Indonesia needs to be grateful for, but in this

digital era, this situation must be aware of the

threats and potential threats that will occur.

b. The productive age is the age that is literate in

using digital technology but is often the target of

the spread of hoaxes and scams that have

occurred in Indonesia.

c. Digitalization can manipulate data and facts,

where this manipulation can weaken the social

order and living law legal system in Indonesia.

Das Sollen:

a) How living law in Indonesia can work in

positive synergy with digitalization to produce

positive conditions for Indonesian society?

b) How demographic bonuses are not threatened

by the negative effects of digitalization?

c) What steps must be prepared in the legal system

in Indonesia to deal with the negative threats of

digitalization?

3 RESEARCH METHODS

The research used in the research is library research.

A literature study is any effort made by researchers to

collect information that is relevant to the topic or

problem that will be or is being researched. The

advantages or roles of library research are as follows:

1) the researcher knows the limits of the scope

of the problem.

2) researchers can put things in perspective.

3) researchers can limit questions and

determine study concepts that are closely

related to the problem.

4) researchers can find out and assess the

results of similar studies which may

contradict each other.

5) researchers can determine the right choice of

method to solve problems.

6) literature studies can prevent or reduce less

useful replication with research that has been

conducted by other researchers.

7) researchers are more confident in

interpreting the results of the research they

wish to conduct.

Literature study or theoretical basis is very

important in research; therefore the weakness is that

a researcher cannot develop a problem if he does not

have a theoretical basis as a reference. The literature

study aims to find answers to the existence of

customary law in the era of digitalization and the

demographic bonus in 2023.

4 DISCUSSION

4.1 Understanding Customary Law

In the Big Indonesian Dictionary, customs are rules

(actions) that have been commonly followed or

carried out since time immemorial, methods

(behavior) that have become habits; a form of cultural

ideas consisting of cultural values, norms, laws and

rules which are related to each other to form a system.

Customs are cultural ideas consisting of cultural

values, norms, habits, institutions, and customary

laws that are commonly practiced in an area. Several

figures expressed their opinions regarding the

meaning of customary law, including: Van Vollen

Hoven explained that customary law is unwritten law

which does not originate from regulations made by

the former Dutch East Indies government or other

instruments of power held by the former Dutch

authorities themselves (Hadikusuma, 2014).

Soepomo formulated customary law as a synonym

for a law that is not written in legislative regulations

(statutory law), a law that lives as a convention in

state legal bodies (Parliament, Provincial Council,

and so on), a law that lives as customary regulations

maintained in social life, both in cities and in villages.

Ter Haar explains that customary law is the totality of

regulations that are manifested in the decisions of

legal functionaries (in the broadest sense) who have

authority and influence and which in their

implementation apply immediately and are obeyed

wholeheartedly.

From the opinion of the experts above, customary

law is a law that regulates human behavior and

relationships with each other, customs or morals that

live in community life that are maintained and have

sanctions for violations stipulated in the decisions of

The Impact of Digitalization on Indonesian’s Living Law and Demographic Bonuses

487

traditional authorities. The term customary law was

first introduced by Snouck Hurgronje in 1883 in his

book De Atjehnese. In that book, he introduced the

term Adatrecht (customary law), namely the law that

applied to bumi putera (indigenous Indonesians) and

foreign easterners during the Dutch East Indies era.

Customary law only had a technical, juridical

meaning after C. Van Vollenhoven released his book

entitled Adatrecht. He was the first to state that

customary law is the law that applies to indigenous

Indonesian people and made it an object of positive

legal science and made it a separate subject. He also

appointed customary law as the law that must be

applied by gubernatorial judges.

4.2 Styles and Characteristics of

Customary Law

Customary Law in Indonesia has distinctive

characteristics that are different from other laws,

there are four general features or characteristics of

customary law that form unity, as follows

(Abdulrahman, Hukum Adat Menurut Perundang-

undangan Republik Indonesia, 1984):

4.3 Religious Magic (Magisch –

Religieus)

This characteristic is defined as a mindset based on

religiosity, namely people's belief in the existence of

something sacred. Before indigenous peoples knew

religion, this religious nature was manifested in

illogical ways of thinking, animism and belief in

supernatural things.

4.4 Communal

According to the view of Indigenous Law, every

individual, member of society is an integral part of

society as a whole. The relationship between one

community member and another is based on a sense

of togetherness, kinship, mutual help and

cooperation. The customary law community believes

that every individual's interests should be adjusted to

the interests of the community because no individual

is separated from their community.

4.5 Concrete (Visual)

Concrete nature means clear, real, tangible and visual,

meaning it can be seen, visible, open, not hidden. This

means that every legal relationship that occurs in

society is not carried out secretly. Examples of buying

and selling always show a real action, namely the

transfer of the object of the agreement. This is

different from Western law which recognizes the

difference between movable and immovable objects,

where in a sale and purchase agreement,

responsibility for an item has shifted to the buyer,

even though the item is still in the hands of the seller.

4.6 Cash

This characteristic means that an action is always

surrounded by a concrete atmosphere, especially in

terms of fulfilling achievements. That every

achievement is always accompanied by a counter-

achievement which is given immediately.

Achievements and counter-achievements are carried

out together at that time. In Indigenous Law,

everything that happens before and after the cash

consideration is outside the legal consequences, the

legal action is completed immediately.

Besides the four styles of customary law, it has

also some characteristics which are typical of it

(Abdulrahman, Hukum Adat Menurut Perundang-

undangan Republik Indonesia, 1984):

4.6.1 Traditional

This characteristic shows that traditional

communities are hereditary, from the time of their

ancestors down to their descendants today, the

situation is still valid and maintained by the

community concerned. - continuously. Violation of

something received from the ancestors is believed to

bring disaster to society. The traditional style which

is still maintained today can be seen in the Batak

community where marriage within the same family

name is not permitted.

4.6.2 Dynamic

Customary Law can change according to

circumstances of time and place. Every development

in the legal community will always adapt according

to developments that occur.

4.6.3 Open Characteristic

Customary Law has an open nature. This means that

the law can accept other legal systems as long as the

community concerned considers that the other legal

system is appropriate or appropriate and simple. This

means that the customary law community is simple,

uncomplicated, unadministered, unwritten, easy to

understand, and implemented based on mutual trust.

This can be seen in transactions that are only carried

out verbally, including in cases of inheritance

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distribution, which are rarely done in writing.

4.6.4 Deliberation and Consensus

This means that the Law Communities prioritize

deliberation and consensus. In resolving disputes,

harmonious and peaceful resolution through

deliberation and consensus is always prioritized.

The Existence of customary law is the values that

live and develop in the society of a region. Even

though most of the customary laws are not written,

they have a strong binding force in society. There are

separate sanctions from the community if they violate

the law‘s rules. The customary laws that live in this

society for people whose original culture is still

strong will be very pronounced. The application of

the law in everyday life is also often applied by the

community. Even a judge, if he faces a case and

cannot find it in written law, must be able to find the

law in the rules that exist in society. This means that

judges must also understand the law.

The existence of customary law has become

stronger with the UN declaration on the rights of

indigenous peoples which states, among other things;

Recognize and reaffirms that indigenous peoples are

recognized, without distinction, in all human rights

recognized in international law, and that indigenous

peoples have collective rights that are indispensable

to their life and existence and their integral

development as community groups. Indigenous

Peoples have the right to maintain and strengthen

their distinct characteristics in the fields of political,

legal, economic, social, and cultural institutions,

while retaining their right to participate fully, if they

wish, in political, economic, social life, and country

culture. Therefore, in an effort to carry out legal

reform in Indonesia, there are values that grow in

indigenous communities that are recognized

constitutionally and in the UN declaration (Pide,

2015).

The UN Declaration is certainly inseparable from

indications that in many parts of the world,

indigenous peoples cannot enjoy their human rights

on an equal basis with other residents in the countries

where they live, and that the laws, values, customs,

and viewpoints have often been eroded. In the 1989

convention on customary law communities, it is also

stated that indigenous law communities in

independent countries are considered indigenous

because they are descendants of the population that

inhabited the country concerned, or based on the

geographical area where the country concerned was

located, at the time of conquest or colonization. or the

establishment of the current boundaries of countries

which, regardless of their legal status, retain some or

all their own social, economic, cultural, and political

institutions. This means that in the future the

existence of customary law will not only be a concern

for national legal development but will also become a

consideration in international relations. (ibid)

In particular, with the increasingly rapid demands

of legal globalization, which sometimes, even today,

appears to be growing in the scale of economic

relations interests that reduce the legal sovereignty of

national states. The impact will of course be heavier

on customary law. Therefore, in developing national

law, the government must provide a place for the

growth and development of indigenous law properly.

With the 1989 declaration of customary law

communities, it actually becomes a tool for a country,

including Indonesia, in suppressing international

penetration, at a time when national law may not be

able to resist strong international pressure. In fact, the

convention on customary law communities

emphasizes that the government has the responsibility

to develop, with the participation of the customary

law communities concerned, coordinated and

systematic actions to protect the rights of these

customary law communities and to ensure that their

integrity is respected. In such a perspective, there is

no reason to take the position that state law and/or

legal globalization in the name of globalization

interests is more important than customary law. (Pide,

Hukum Adat Dahulu, Kini dan Akan Datang, 2015)

On the other hand, with the involvement of the

international community in maintaining the existence

of indigenous law communities, the ideology of legal

centralization, where state law must be enforced,

seems to have experienced degradation and has

become an issue that cannot be ignored in legal

development in Indonesia. Although on the other

hand it does not make indigenous law narrow the

space for state (national) law.

This is in line with the affirmation of the 1989

Customary Law Community Convention, which in

article 8 states that in applying national legislation to

the indigenous law community concerned, their

customs or customary law provisions must be heeded

as appropriate. How are the agreements stipulated in

the 1945 Constitution and confirmed in the 1989

indegenous law community convention implemented

in Indonesia? Customary law whenever there is a

formation of legislation, even when legal

development in Indonesia is still a sub-system of

political development, the law is perceived as tending

to be a tool of power. The birth of Law No. 10 of 2004

concerning the Formation of Legislative Regulations

at least provides a guarantee that the values contained

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489

in indigenous law communities or traditional

customary law will be maintained in Indonesia. (Pide,

Hukum Adat Dahulu, Kini dan Akan Datang, 2015)

5 THE ROLES OF CUSTOMARY

LAW IN THE DIGITAL ERA

Recognition of the existence of Indigenous Peoples is

actually stated in the 1945 Constitution, Article 18B

paragraph (2), which states that "The State recognizes

and respects traditional law community units and their

traditional rights as long as they are still alive."

Indigenous law, which has a tendency towards

collective justice, ultimately, whether we like it or not,

has to face the era of modernization. An era

characterized by innovation in technological

development, the results of which were later proven to

be capable of creating automation in various areas of

life. Technological innovation is something that cannot

be stopped by anyone in this era, because it is a

fundamental need for every country in the world,

including Indonesia as a developing country. In fact,

instead of avoiding it, everyone in the world is actually

competing to carry out continuous innovation in order

to become a superior country in this field. However,

innovation or technological development by each

country, especially developed countries, sometimes

without paying attention to the negative excesses that

can arise from its implementation. This is perhaps

normal, because every technological development will

have an impact on the social sector, and can even

slowly change the structure of society in a country

(Wignjosoebroto, 2008).

Therefore, technological development carried out

without paying attention to the social impact on

society may have the ultimate consequence of

changing individual behavior patterns that are not

well organized. As the foundation of national agrarian

law, customary law currently cannot avoid the

presence of modernization and technology.

Customary law is currently being tested for its ability

to resolve legal issues related to modernization and

technological development. For customary law, this

is certainly not easy because in principle customary

law focuses more on a sense of collective justice in

society so it sometimes conflicts with the aims of

applying technology.

Customary law has this balancing function. In this

law, there is a principle that if a dispute or conflict

occurs, every component of society moves and

adapts. This adaptation is carried out so that harmony

and balance in society are maintained in accordance

with the reflection of the Indonesian nation's

volkgeist. Therefore, whenever there is influence

from outside, the law can provide a just solution to a

dispute or conflict with the principle of balance so

that the resulting decision on a legal problem cannot

be separated from the values and character of the

Indonesian nation.

6 REVITALIZING CUSTOMARY

LAW TO MAKE IT RELEVANT

TO CURRENT

DEVELOPMENTS

Indonesia is a large and sovereign country. UU no. 23

of 2014 concerning regional government has

regulated the authority of regional governments to

manage their residents autonomously. Each region is

given the right and freedom to develop and advance

its territory for the greatest prosperity of the people.

Through a demographic approach, it is necessary for

local governments, both provincial and district, to be

sensitive to national issues. For example, the issue of

the demographic bonus. Noor, M mentioned

population development policies and the

demographic bonus where the basic assumption for

understanding the demographic bonus is that the

composition of the productive age population (15 - 64

years) is greater than the non-productive age

population (under 15 and over 65 years) in a certain

time period. Furthermore, policymakers need to

realize the importance of issuing policies that can

support the use of the demographic bonus so that the

potential of the productive age population is optimal

and maximized. The hope is that awareness will

emerge of the strategic role of the productive age

population, especially young people, as the 'motors'

of the nation. (Falikhah, 2017)

Each region will enter a demographic bonus

according to changes in its respective age structure.

There are provinces that have entered the

demographic bonus before the national level. Meita,

et al (2016) stated that development needs to be based

on population realities in a sustainable manner. The

demographic bonus occurs because the population of

productive age (15-64 years) in a region is much

greater than the population of non-productive age (0-

14 years and 65 years and over). The population

structure in East Java Province is dominated by

people of productive age in the 2010-2020 period.

Rimbawan (2014) discusses the demographic bonus

in Bali Province. Bali is projected to experience a

peak demographic bonus for the period 2020 to 2030,

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with a dependency ratio of between 42.2 to 43.3

percent (Acitya).

The revitalization of customary law is an

interesting issue to discuss when the country begins

to enter the era of digitalization, especially with the

demographic bonus in 2030. This issue is important

because the law as living law in Indonesia is currently

starting to be cornered by the presence of modern law.

Modern law has begun to erode the customary legal

system with a new legal system by presenting the

most prominent characteristic of a clear separation

between law-forming institutions, separate from

implementing institutions (the government) and

enforcement institutions. Native Indonesian law or

customary law in general in Indonesia does not

recognize this kind of classification, these forms of

power are based on one customary institution which

has the role of forming, implementing, and deciding.

Even though its existence is starting to be displaced

by the modern legal system, for the Indonesian

people, especially for legislators, indigenous law still

has an important meaning for the lives of Indonesian

people. This can be seen from various laws and

regulations which use customary law as the basis for

their formation (L, 2013).

One of the laws and regulations that still uses

customary law as its main basis is Law Number 5 of

1960 concerning Basic Agrarian Principles

(hereinafter referred to as the Basic Agrarian Law)

which later became the basis for other natural

resource laws and regulations such as Law Number 3

of 2020 concerning Amendments to Law Number 4

of 2009 concerning Coal Mineral Mining, Law

Number 17 of 2019 concerning Water Resources,

Law Number 41 of 1999 concerning Forestry, as well

as other statutory regulations related to natural

resources. In its regulation, Article 5 of the Basic

Agrarian Law confirms that the agrarian law that

applies to earth, water, and space in Indonesia is the

customary law. (L, 2013)

7 GETTING ALONG WITH

CUSTOMARY LAW IN THE

DIGITALIZATION ERA

Getting along between customary law and

digitalization requires a delicate balance that respects

the cultural values and traditions of indigenous

communities while embracing the opportunities and

challenges brought by digitalization. Here are some

considerations:

a) Cultural Sensitivity: It is crucial to approach

digitalization in a culturally sensitive manner

that respects the traditions, customs, and laws of

indigenous communities. Engage in meaningful

consultations and collaborations with

indigenous leaders and communities to

understand their unique perspectives and needs.

b) Customization of Digital Solutions: Recognize

that indigenous communities may have specific

requirements and preferences when it comes to

digital technologies. Involve indigenous

communities in the design and development of

digital solutions that align with their cultural

values, languages, and ways of life. This can

include incorporating indigenous languages,

symbols, and storytelling methods into digital

platforms.

c) Education and Digital Literacy: Promote digital

literacy programs tailored to indigenous

communities to ensure that they have the

necessary skills and knowledge to navigate the

digital world. This can help indigenous

individuals make informed decisions, protect

their rights, and engage meaningfully with

digital technologies.

d) Privacy and Data Protection: Indigenous

communities often have unique concerns

regarding privacy and the protection of their

traditional knowledge, cultural expressions, and

intellectual property. Establish legal

frameworks and policies that safeguard

indigenous rights and interests in the digital

realm,

ensuring that their data and cultural heritage are

respected and protected.

e) Access to Digital Infrastructure: Address the

digital divide by ensuring equitable access to

digital infrastructure, including internet

connectivity, in remote indigenous

communities. Bridging this gap can empower

indigenous communities to participate fully in

the digital age and access the benefits it offers.

f) Recognition of Indigenous Jurisdiction: Respect

and recognize the jurisdiction of Indigenous law

within the digital realm. Provide mechanisms

for indigenous communities to govern and

regulate digital activities within their territories,

ensuring that their legal systems are

acknowledged and integrated where

appropriate.

Remember, finding common ground between

indigenous law and digitalization requires a

collaborative and inclusive approach that values

indigenous knowledge and cultural diversity.

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8 THE NEGATIVE IMPACTS OF

DIGITALIZATION ON

CUSTOMARY LAW

Digitalization can bring negative impacts on

customary law. Here are some of the challenges

indigenous communities may face:

a) Cultural Erosion: Digitalization can lead to the

erosion of indigenous cultural practices and

traditions. The widespread availability of digital

content and platforms may promote mainstream

cultures and languages, potentially

overshadowing indigenous languages and

cultural expressions. This can result in a loss of

cultural diversity and identity.

b) Intellectual Property Rights: Indigenous

communities possess a wealth of traditional

knowledge and cultural expressions that may be

susceptible to misappropriation and exploitation

in the digital realm. Digital platforms make it

easier for unauthorized use, appropriation, and

commercialization of indigenous intellectual

property without proper consent or benefit-

sharing mechanisms.

c) Privacy and Data Protection: Indigenous

communities often have unique concerns

regarding privacy and data protection. Digital

technologies can collect and store vast amounts

of personal and community data. If not

adequately protected, this data can be misused,

leading to privacy breaches and potential harm

to indigenous individuals and communities.

d) Access and Connectivity: Indigenous

communities, particularly those in remote areas,

may face limited access to digital Infrastructure

and connectivity. This digital divide can further

marginalize indigenous communities, hindering

their participation in the digital world and

limiting their access to information, services,

and opportunities.

e) Legal Recognition and Jurisdiction:

Digitalization may pose challenges to the

recognition and application of customary law.

Existing legal frameworks often do not fully

acknowledge or accommodate indigenous legal

systems, leading to conflicts and inconsistencies

when indigenous communities seek to apply

their laws in the digital realm.

f) Inequality and Power Imbalances: The digital

divide and limited access to technology can

exacerbate existing inequalities, widening the

gap between indigenous communities and the

rest of society.

Power imbalances between indigenous

communities and external actors, such as

governments or corporations, may be amplified in the

digital context, potentially undermining indigenous

self-determination and decision-making processes.

Addressing these negative impacts requires a

multi-faceted approach that involves recognizing and

respecting indigenous rights, promoting digital

inclusion, ensuring data protection, and fostering

meaningful partnerships with indigenous

communities.

9 PROTECTING THE

PRODUCTIVE AGE FROM

UNEXPECTED

DIGITALIZATION’S EXCESS

It is imperative to defend the population's productive

age against scams produced by digitization for a

number of reasons:

a) Economic Impact: People in the productive age

group are often those who are actively engaged

in the labor force, generating economic growth,

and advancing society as a whole. Hoaxes might

cause this group to lose production since time

and resources are squandered on misleading

information when they fall prey to them. We

make sure that their attention and efforts are

focused on successful endeavors by protecting

them against scams.

b) Decision-making: Hoaxes can have an impact

on decision-making at both the individual and

societal levels. People might be misled by

inaccurate information when making crucial

decisions about their professions, investments,

health, and other aspects of their lives. By

shielding the productive age group from hoaxes,

we give them access to reliable information and

empower them to make decisions that will

improve both their lives and the lives of others

around them.

c) Social Cohesion: Hoaxes can sow division,

stoke conflict, and spread mistrust in society.

Hoaxes can undermine interpersonal trust and

social harmony by focusing on the productive

age group. By defending this age group from

hoaxes, we can guarantee that they have access

to trustworthy information, promoting a more

unified and cohesive community.

d) Mental Health: Hoaxes can negatively impact

mental health by inducing tension, anxiety, and

worry. Due to the impact of hoaxes, the

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productive age group, which is in the forefront

of society's responsibilities, may feel more

strain and stress. By defending them from

scams, we encourage mental health and a more

productive workforce.

e) Education and skill development: Hoaxes can

prevent people from learning the things they

need to in order to advance personally and

professionally. By protecting the productive age

group from scams, we foster a culture that

encourages ongoing education, critical thinking,

and the acquisition of skills necessary for the

digital age.

Overall, it is crucial for economic productivity,

informed decision-making, social cohesion, mental

health, and the overall development of people and

society to safeguard the productive age of the

population against hoaxes produced by digitalization.

10 THE LAW TURBULENCE ON

LIVING LAW AND

DIGITALIZATION IN

REACHING DEMOGRAPHIC

BONUSES

It must be realized that negative impacts have already

occurred and have the potential to occur, in the

Indonesian legal system, including criminal law, civil

law, constitutional law and state administrative law,

which the author calls as law turbulence which will

be identified as follows:

a) Technological Divide: Digitalization may

exacerbate the existing technological divide

within societies. Access to digital technologies

and the internet is not evenly distributed, and

those who lack access may face difficulties in

accessing and participating in the legal system.

This can lead to unequal access to justice and

hinder the development of living law.

b) Privacy and Data Protection: With the

increasing reliance on digital technologies, the

collection and processing of personal data

become more prevalent. This raises concerns

about privacy and data protection. The misuse

or mishandling of personal data can undermine

trust in the legal system and pose risks to

individuals' rights.

c) Legal Uncertainty: Rapid advancements in

technology often outpace the development of

legal frameworks. This can result in legal

uncertainty and gaps in addressing emerging

issues related to digitalization. Living law may

struggle to keep up with the complexities of

digital technologies, leading to outdated or

inadequate legal responses.

d) Cybersecurity Risks: Digitalization brings

about new risks, such as cyber threats and data

breaches. These risks can compromise the

integrity and security of legal systems,

potentially impacting the trust and confidence

in living law. Ensuring robust cybersecurity

measures becomes crucial in maintaining the

effectiveness of the legal system.

e) Social and Ethical Implications: Digitalization

can impact societal values and ethical

considerations. The use of artificial

intelligence, automation, and algorithms in

decision-making processes raises questions

about accountability, fairness, and

transparency. The evolution of living law

should address these concerns and ensure that

legal systems adapt to societal changes while

upholding fundamental principles.

To mitigate these negative impacts, it is essential

for policymakers, legal professionals, and society as

a whole to actively engage in discussions and

reforms. Adapting legal frameworks to accommodate

digitalization, promoting equal access to digital

technologies, and addressing privacy and security

concerns are vital steps in nurturing living law in the

digital age.

11 THE THREATS OF THE

THEORIES IN THE TRUTH OF

LAW

Besides these five negative impacts above, some

theories in the evidence of law should also be

questioned for their validities in digitalization.

a) Theory of correspondency in truth: The theory

of correspondence in truth is a philosophical

concept that suggests that the truth of a

statement or belief is determined by its

correspondence or agreement with reality.

According to this theory, a statement is

considered true if it accurately represents the

facts or states of affairs in the world.

b) Theory of coherency in truth: The theory of

coherence in truth is a philosophical concept that

suggests that the truth of a statement or belief is

determined by its coherence or consistency with

other beliefs or statements within a system.

According to this theory, a statement is

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considered true if it fits harmoniously with other

beliefs or propositions in a logical and coherent

manner.

12 HOW DIGITALIZATION

THREATS THE EXISTENCE OF

THE TRUTH THEORIES IN

LAW

a) Manipulation and Deepfakes: Digital

technology allows for the creation of

manipulated media, such as deepfakes, which

can deceive and mislead people. This poses a

challenge to the theory of correspondence, as the

authenticity and correspondence of digital

content may be compromised.

b) Speed and Accuracy: Digitalization has

accelerated the speed at which information is

shared and consumed. While this can be

beneficial, it also increases the risk of spreading

unverified or inaccurate information before its

correspondence with reality can be thoroughly

assessed.

c) Trust and Verification: The theory of

correspondence relies on trust in the accuracy

and reliability of sources. However, in the

digital realm, it can be challenging to verify the

credibility and trustworthiness of online

sources, leading to potential doubts about the

correspondence of information.

Since the two theories above are often used in legal

disputes in criminal, civil, governmental, and state

administrative justice, the ability of digitalization in

terms of affecting the legal system in Indonesia, must

be cautious, in this case, counter to this should be done

in the same way that by forming a legal doctrine based

on the discipline of algorithms.

13 HOW TO OVERCOME

HOAXES CREATED BY

DIGITALIZATION IN THE

CONTEXT OF LAW

To overcome hoaxes created by digitalization in the

context of law, here are some strategies that can be

implemented:

a) Strengthen Legal Frameworks: Governments

can enact and enforce laws that specifically

address the spread of misinformation and

hoaxes online. These laws should outline

penalties for those who intentionally create and

spread false information, thereby holding

individuals accountable for their actions.

b) Promote Digital Literacy: Educating the public

about digital literacy is crucial in combating

hoaxes. By teaching people how to critically

evaluate information, fact-check sources, and

identify red flags of misinformation, individuals

can become more discerning consumers of

online content.

c) Collaborate with Technology Companies:

Collaboration with technology companies is

essential in fighting hoaxes. Platforms can

develop and implement algorithms and tools to

detect and flag false information. They can also

partner with fact-checking organizations to

provide accurate information and debunk

hoaxes.

d) Encourage Media Responsibility: Media outlets

play a significant role in disseminating

information. Encouraging responsible

journalism and fact-checking practices is

crucial. Media organizations can prioritize

accuracy, verify information before publishing,

and provide corrections or retractions if

necessary.

e) Foster International Cooperation: Hoaxes often

transcend national boundaries, making

international cooperation necessary.

Governments and organizations can collaborate

to share best practices, coordinate efforts, and

develop strategies to combat hoaxes

collectively.

f) Empower Citizens: Empowering citizens to be

critical thinkers and responsible information

sharers is vital. Promote media literacy

programs, workshops, and campaigns that teach

individuals how to navigate the digital

landscape and identify and report hoaxes.

Battling hoaxes in the internet age necessitates a

multifaceted strategy comprising disciplinary

action, public awareness campaigns, teamwork,

and individual accountability, can reduce the

impact of hoaxes and advance an environment

online that is more informed and trustworthy.

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14 THE ABSOLUTE

REQUIREMENTS FOR THE

COURTS’ ABILITIES TO

DISTINGUISH HOAX AND

TRUTH

Courts are the destination of people seeking justice,

so they are crucial in the Indonesian law system.

Courts must also be focused on the enrichment of the

judges about the sophisticated improvements of

manipulation created by digitalizations which hoaxes

and truths, sometimes, are seen and evaluated blurry.

In distinguishing between hoaxes and truth, courts

rely on various legal principles, evidence, and

procedures. Here are some key considerations:

a) Burden of Proof: The burden of proof rests on the

party making the claim. The court examines the

evidence presented by both parties and determines

if the burden has been met. The party making the

hoax claim must provide sufficient evidence to

demonstrate that the information in question is

false and intentionally misleading.

b) Admissible Evidence: Courts consider admissible

evidence, such as witness testimonies, expert

opinions, documents, and other relevant

materials. The credibility and reliability of the

evidence play a crucial role in determining the

truthfulness of the information presented.

c) Fact-Checking and Expert Testimony: Courts

may rely on fact-checking organizations or expert

witnesses to assess the accuracy and authenticity

of the information in question. These experts

provide their professional opinions based on their

knowledge, skills, and experience in the relevant

field.

d) Legal Standards: Courts follow legal standards

and principles to evaluate the credibility and

veracity of the information. These standards may

include the preponderance of evidence (civil

cases) or proof beyond a reasonable doubt

(criminal cases), depending on the jurisdiction.

e) Cross-examination: Parties have the opportunity

to cross-examine witnesses, challenge evidence,

and present counterarguments. This process

allows the court to critically analyze the claims

made and determine their validity.

f) Legal Precedents: Courts also consider legal

precedents and case law to guide their decision-

making process. Previous court decisions related

to hoaxes or similar cases can provide guidance

on how to assess the truthfulness of the

information presented.

g) It's important to note that the court's role is to

impartially evaluate the evidence and apply the

law. The court's determination of what constitutes

a hoax or truth is based on legal principles and the

specific facts and circumstances of each case.

15 DETTERENT EFFECTS FOR

HOAX CREATORS

The creator of the hoax can be trapped in criminal

cases where the false news can cause loss, and trouble

and be a tool of proof in the trial. Hoax creators can

be charged under articles UU ITE article 28 paragraph

"Every person intentionally and without right spreads

false and misleading news which results in consumer

losses in electronic transactions." (11, 2008)

Paragraph 2: "Every person intentionally and without

right disseminates information aimed at creating

feelings of hatred or hostility towards certain

individuals and/or groups of society based on

ethnicity, religion, race and intergroup” (11, 2008)

In criminal law, hoax creators can be charged by

article 263 KUHP Paragraph and (2)

(1) "Any person who makes a forged document

or falsifies a document which may give rise

to a right, obligation or discharge of debt, or

which is intended as proof of something with

the intention of using or ordering another

person to use the document as if its contents

were true and not falsified. , is threatened if

such use can cause harm, due to falsification

of documents, with a maximum prison

sentence of 6 years." (Criminal code)

(2) "Surely subject to the same punishment is

anyone who deliberately uses a fake or

falsified document as if it were genuine, if

the use of the document could cause harm."

(Criminal code)

Article 264 Paragraphs (1) and (2)

Paragraph (1)

1. Forgery of documents is punishable by a

maximum imprisonment of 8 years if committed

against:

2. authentic deeds;

3. debt securities or debt certificates from a state

or part thereof or from a public institution;

4. certificate of holding or debt or certificate of

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holding or debt from an association, foundation,

company or airline; talon, proof of dividends or

interest from one of the documents described in

2 and 3, or

5. proof issued as a replacement for the

documents;

6. letter of credit or trade letter for circulation.

(2) "The same penalty shall be imposed on anyone

who deliberately uses the letter referred to in the

first paragraph, the contents of which are not

genuine or which are falsified as if they were

true and not falsified if the falsification of the

letter could result in losses." (code)

Article 266 KUHP Paragraph:

(1) Any person who orders to insertion of false

information into an authentic deed regarding

something the truth of which must be stated by

the deed, with the intention of using or ordering

another person to use the deed as if the

information is in accordance with the truth, is

threatened, if such use can be causing harm,

with a maximum prison sentence of seven years;

(2) Anyone who intentionally uses a letter is

threatened with the same crime mentioned in the

first verse, the contents of which are not true or

are faked as if true and not falsified, if falsifying

the letter could cause losses (Criminal code)

Meanwhile, in civil law, article 1365 of the Civil

Code states "Every act that violates the law and

brings loss to another person, require the person who

caused the loss through his fault to compensate for

the loss" (law)

Article 1366 of the Civil Code of States:

"Every person is responsible, not only for losses

caused by actions but also for losses caused by

negligence or carelessness” (law)

16 CONCLUSION

Based on the explanation stated above, it can be stated

that the customary law system as part of the National

Legal system must be sought to receive protection in

accommodating the global legal system or in

implementing legal globalization in Indonesia.

Conclusion Customary law is a living law, strong and

established in society. (Pide, Hukum Adat Dahulu,

Kini dan Akan Datang, 2015)

The existence of customary law is in the form of

values that live in society even though they are not

written down so that even though customary law is

not stipulated by the state, it still applies in society.

Therefore, the law as applicable law does not

necessarily have to be seen from the application of

sanctions, but indigenous law is sufficiently declared

to be valid if there are statements expressed as

statements of a sense of justice in unsincere relations,

which are declared to be valid as an obligation so that

customary law better guarantees the sense of justice

that society needs. (Hadikusuma, 2014)

The use of technology basically functions as an

assessor or supporter in law, namely as a tool to help

create justice and not determine justice. Because it is

an assessor, its nature follows the law, namely

remaining as a supporting tool in creating balance in

society if a shock occurs. Based on this, whatever is

processed and produced by technology is not an

absolute reference in determining justice, but the

results must still be considered as a medium for

seeking justice.

Digitalization may get along with customary law,

and digitalization must be approached with cultural

sensitivity, involving consultations with indigenous

leaders to understand their unique perspectives.

Customizing digital solutions aligns with their

cultural values, languages, and ways of life.

Promoting digital literacy programs helps indigenous

individuals navigate the digital world. Addressing

privacy and data protection is crucial, ensuring

indigenous rights are protected. Addressing the

digital divide by ensuring equitable access to digital

infrastructure is essential. Recognizing indigenous

jurisdiction within the digital realm is crucial,

allowing indigenous communities to govern digital

activities. A collaborative and inclusive approach is

needed to find common ground between customary

law and digitalization.

Digitalization may also bring negative and

potential negative impacts on both society and the law

system such as; manipulative digital works which

may cause a blurred fact between hoaxes and truhths,

the threats of some theories of truths, societal

disturbance, and law system of justice.

To combat hoaxes in the digital age and protect

the demographic bonuses in Indonesia, strategies

include strengthening legal frameworks, promoting

digital literacy, collaborating with technology

companies, encouraging media responsibility,

fostering international cooperation, and empowering

citizens. These measures, combined with disciplinary

action, public awareness campaigns, and individual

accountability, aim to create a more informed and

trustworthy online environment.

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Courts play a crucial role in Indonesia's law

system, ensuring justice for individuals seeking

justice. They must be vigilant against the

manipulation of digitalization, which can blur the

lines between hoaxes and truths. Courts distinguish

between hoaxes and truths using legal principles,

evidence, and procedures. Key considerations include

the burden of proof, admissible evidence, fact-

checking, legal standards, cross- examination, and

legal precedents. The burden of proof is on the party

making the claim, while admissible evidence includes

witness testimonies, expert opinions, and documents.

Cross-examination allows the court to critically

analyze claims and determine their validity. Legal

precedents and case law guide the court's decision-

making process.

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