HARMONISASI HUKUM PERDAGANGAN INTERNASIONAL DAN PERATURAN HUKUM PIDANA DALAM PENANGANAN KEJAHATAN SIBER DI ERA EKONOMI DIGITAL Rivaldhy N. Muhammad, Andri Sutrisno, Abdul Mutalib
Universitas Terbuka, Jakarta, Indonesia. Institute of Business Law and Management, Jakarta, Indonesia. Institut Agama Islam Negeri Ternate, Maluku Utara, Indonesia.
Abstract
Abstract
The rapid development of digital economy has created new challenges in law enforcement, particularly in addressing cyber crimes that transcend national boundaries. This study examined the harmonization between international trade law and criminal law regulations in combating cyber crimes in the digital economy era. Using a normative legal research approach with comparative legal analysis, this research analyzed existing legal frameworks, identified gaps in current regulations, and proposed harmonization strategies. The study found significant disconnection between international trade law provisions and criminal law enforcement mechanisms, creating legal uncertainties for businesses and challenges for law enforcement agencies. Key findings revealed that current regulatory frameworks lack comprehensive coordination between commercial and criminal aspects of cyber crimes, resulting in ineffective prevention and prosecution mechanisms. The research identified three critical areas requiring immediate harmonization: jurisdictional clarity, evidence collection procedures, and cross-border enforcement cooperation. The study concluded that establishing integrated regulatory framework combining trade law principles with criminal law enforcement mechanisms is essential for effective cyber crime prevention in digital economy. The proposed harmonization model includes unified legal definitions, streamlined reporting mechanisms, and enhanced international cooperation protocols. These findings contribute to the development of more effective legal frameworks for digital economy governance and cyber security enforcement.
Keywords: cyber crime, digital economy, harmonization, international trade law, regulatory framework.
Topic: Legal Frameworks for Inclusive Digital Transformation
