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Neo-Digitalism in the Legal System: Adapting Law to Technological Developments

Tarantang, JefryPelu, Ibnu Elmi A.S.
Jurnal Ilmu Hukum Tambun Bungai (Sinta 4)Vol. 0 No. 031 Desember 2024
DOI10.61394/jihtb.v9i2.495

Abstrak

This article discusses the application of neo-digitalism in the legal system, focusing on how digital technology can change the way law is applied, accessed, and understood. The process of digitization in the judiciary, such as e-courts, the use of electronic documents, and virtual trials, has enhanced the efficiency, transparency, and accessibility of legal services. Additionally, technologies like artificial intelligence (AI) and big data offer great potential to improve justice and the accuracy of legal decision-making. However, the application of these technologies also presents serious challenges, such as data security and privacy, as well as the increasing threat of cybercrime, which requires legal adjustments to address cross-border issues. Countries in the European Union, for example, have implemented the General Data Protection Regulation (GDPR) to regulate personal data protection, but they still face challenges in harmonizing regulations across member states. In Southeast Asia, countries like Singapore have adopted e-courts and blockchain-based smart contracts, but still need to address cybercrime issues and the digital divide between urban and rural areas, particularly in countries like Indonesia and the Philippines. Meanwhile, in China, although the adoption of digital technology in the judiciary has advanced with the use of AI and e-courts, challenges related to surveillance and privacy protection remain a significant issue due to the strict control by the government. India is also working to digitize its legal system, but is constrained by infrastructure and accessibility in rural areas, which leads to inequality in legal services. In Indonesia, although efforts to digitize the judiciary through e-court programs have begun, the digital divide between urban and rural areas and issues related to personal data protection remain major challenges.

Kata Kunci

neo-digitalism, legal system, development, technology, GDPR

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