ANALISIS HUKUM TERHADAP KONVENSI KEJAHATAN SIBER TENTANG PERLINDUNGAN MASYARAKAT ADAT: KETIDAKHADIRAN PRINSIP FREE, PRIOR, AND INFORMED CONSENT (FPIC) = LEGAL ANALYSIS OF THE CYBERCRIME CONVENTION ON THE PROTECTION OF INDIGENOUS PEOPLES: THE ABSENCE OF THE FREE, PRIOR, AND INFORMED CONSENT (FPIC) PRINCIPLE

Background: The codification of the UN Cybercrime Convention expands extraterritorial jurisdiction in accessing transnational electronic evidence. However, this state-centric instrument overlooks the collective rights of Indigenous Peoples over communal data governance. Objective: This research aims to analyze the existence of the principle of Free, Prior, and Informed Consent (FPIC) within the normative structure of the UN Cybercrime Convention, while outlining the juridical implications of its regulatory vacuum. Methods: This study employs normative legal research focusing its analysis on international legal instruments. Findings: (1) The UN Cybercrime Convention negates the FPIC principle, triggering a normative inconsistency with international human rights standards, specifically UNDRIP and ILO Convention No. 169; (2) The absence of the FPIC principle degrades the digital sovereignty of Indigenous Peoples, justifies communal data exploitation without consent, and triggers the risk of criminalizing customary practices due to the expansion of repressive state surveillance. Conclusion: The UN Cybercrime Convention creates a structural legal gap by eliminating the dimension of collective participation of Indigenous Peoples. Recommendations include the enactment of special safeguards within domestic legislation and the strengthening of autonomous indigenous data sovereignty protocols by the communities.