Kajian Normatif Pertanggungjawaban Pidana atas Pemalsuan Letter of Acceptance (LoA) dan Manipulasi Open Journal System (OJS) dalam Publikasi Ilmiah Digital: Perspektif Lex Lata dan Lex Ferenda

Abstrak

The development of digital scholarly publishing has created new forms of criminal misuse, particularly through the falsification of Letter of Acceptance and manipulation of Open Journal System. This study examines the legal qualification of such conduct, the criminal liability of perpetrators, and the reconstruction of criminal law policy from the perspectives of lex lata and lex ferenda. The study employs normative legal research with a prescriptive approach through statutory, conceptual, and analytical approaches. Legal materials are analyzed qualitatively through legal interpretation and juridical reasoning. The findings indicate that falsification of Letter of Acceptance may be qualified under Article 391 of Law Number 1 of 2023 concerning the Criminal Code when the statutory elements are fulfilled, while manipulation of Open Journal System may be subject to Article 35 of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions when electronic information or documents are manipulated to appear authentic. Criminal liability is determined individually based on the criminal act, fault, capacity for responsibility, and participation of each actor, including perpetrators involved in fake peer review, impersonation of editors or reviewers, journal account manipulation, and obtaining Article Processing Charge through fraudulent representations. The study concludes that lex lata provides a legal basis for prosecution but remains fragmented, requiring lex ferenda to strengthen protection of editorial integrity, professional identities, digital audit trails, and electronic evidence.