Launched in 2022, the Journal of Human Rights Law Review seeks to increase awareness, knowledge, and discussion of legal issues and human rights policy. Academically focused, the Review also appeals to the wider human rights community, including those in government, intergovernmental and non-governmental circles concerned with law, policy, and fieldwork. Review of original published articles on human rights issues in their global or national context, considered from an international or comparative legal perspective.
Analysis of Criminal Liability for Personal Data Violations: Case Studies of the General Elections Commission and E-Commerce from the Perspective of the ITE Law and the PDP Law 2023–2024
This study examines criminal liability for personal data violations in Indonesia through a normative juridical analysis of case studies involving the General Elections Commission (KPU) and e-commerce platforms during the 2023–2024 period. The research focuses on the intersection between the Electronic Information and Transactions Law (ITE Law) and the Personal Data Protection Law (PDP Law) to determine how these regulations govern the protection of personal data and the imposition of criminal sanctions. Findings reveal that while the ITE Law provides a legal foundation for addressing electronic crimes, it lacks specificity in handling cases of institutional negligence and corporate responsibility. In contrast, the PDP Law introduces comprehensive provisions, including criminal sanctions for both intentional and negligent violations, but faces enforcement challenges due to limited institutional capacity and overlapping jurisdictions. Analysis of the KPU and e-commerce data breaches shows weak legal enforcement, lack of accountability, and insufficient public awareness. The study concludes that effective personal data protection in Indonesia requires legal harmonization between the ITE and PDP Laws, establishment of a dedicated supervisory authority, and enhancement of institutional and public capacity to ensure compliance and accountability.
Copyright (c) 2025 Ilmi Firdaus Aliyah, Novandi Dwi Putra https://creativecommons.org/licenses/by-sa/4.0
Legal Review of the Settlement of Sharia Mortgage Defaults Based on DSN-MUI Fatwa No. 17/DSN-MUI/IX/2000
This study examines the legal framework governing the handling of defaults in Sharia mortgage contracts, focusing on the interpretation and application of DSN-MUI Fatwa No. 17/DSN-MUI/IX/2000. Using a normative juridical approach, the research analyzes how Islamic financial institutions address customer defaults (wanprestasi) in a manner consistent with Sharia principles and national banking regulations. The study explores the fatwa’s relevance in regulating sanctions, ensuring fairness, and preventing elements of riba while maintaining the stability of the Islamic financial system. The findings reveal that DSN-MUI Fatwa No. 17 provides clear moral and legal guidance for handling defaults through non-ribawi sanctions, such as fines dedicated to social purposes. However, discrepancies still exist between the fatwa’s moral prescriptions and its implementation due to the lack of detailed operational procedures within national law. The study concludes that better integration between Sharia norms, DSN-MUI fatwas, and Indonesian financial regulations is necessary to enhance the effectiveness, justice, and legal certainty in handling Sharia mortgage defaults.
Copyright (c) 2025 Emmi Rahmiwita Nasution, Muhamad Ammar Muhtadi, Rani Eka Arini https://creativecommons.org/licenses/by-sa/4.0
The South Kalimantan Provincial Election Commission's Strategy to Increase First-Time Voters in the 2024 South Kalimantan Gubernatorial Election
This study examines the strategy of the General Elections Commission (KPU) of South Kalimantan Province in increasing the participation of first-time voters in the 2024 South Kalimantan Gubernatorial Election (Pilgub). The study used a descriptive qualitative approach with data collection techniques through in-depth interviews with KPU South Kalimantan commissioners and data obtained from official KPU South Kalimantan reports. The results show that the KPU South Kalimantan implemented a multidimensional political communication strategy through educational, participatory, and digital approaches. Several main programs carried out included the Election Procession activities, the launch of the "Bekantan" mascot, outreach at universities, and collaboration with mass media and youth organizations. The use of social media such as Instagram, YouTube, and X (Twitter) was also carried out interactively through quizzes with prizes to attract the attention of first-time voters. This effort proved effective with an increase in the number of first-time voters from 277,777 in the 2020 Pilgub to 702,500 in the 2024 Pilgub. However, the KPU South Kalimantan still faces obstacles, such as limited budget for outreach and the lack of grouping of voter data by age category. This research emphasizes the importance of sustainable, data-driven, and inclusive political communication strategies to strengthen youth participation in local democracy.
Copyright (c) 2025 Mustafa Ramadani https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis of Red Notices in the Handling of Wanted Persons (DPO) Cases in Indonesia: A Study Based on Law No. 1 of 1979 on Extradition (Articles 2, 3, 4, 5), and Police Regulation No. 1 of 2020 on the Functions of the NCB -Interpol Indonesia, with the Case of Fugitive Former Investree CEO Adrian Gunadi as the Focus
This study examines the legal framework and implementation of Red Notices in handling fugitive cases (Daftar Pencarian Orang – DPO) in Indonesia, with a particular focus on the case of the former CEO of Investree, Adrian Gunadi. Using a normative legal analysis, the research explores the application of Law Number 1 of 1979 concerning Extradition (Articles 2, 3, 4, and 5) and Police Regulation Number 1 of 2020 concerning the Functions of the NCB–Interpol Indonesia. The findings reveal that the Red Notice serves as a crucial tool for international law enforcement cooperation but lacks the status of a binding arrest warrant under Indonesian law. Its execution depends on the harmonization between national legal sovereignty and international obligations. The study also identifies legal and institutional challenges, such as procedural inconsistencies, limited inter-agency coordination, and inadequate bilateral extradition treaties, which hinder effective implementation. The case of Adrian Gunadi highlights these weaknesses, demonstrating the need for stronger regulatory mechanisms, enhanced cooperation between NCB–Interpol Indonesia and foreign counterparts, and policy reforms to ensure due process and accountability. Overall, this research underscores the importance of integrating Red Notice practices into Indonesia’s legal framework to improve the pursuit and extradition of fugitives within the boundaries of both domestic and international law.
Copyright (c) 2025 Nabain Idrus, Ilham Akbar Bunyamin, Paramita Andiani https://creativecommons.org/licenses/by-sa/4.0
The Impact of Supreme Court Decision Number 5851 K/Pid.Sus LH/2024 on Legal Certainty in Illegal Mining Cases
This study analyzes Supreme Court Decision Number 5851 K/Pid.Sus LH/2024 and its impact on legal certainty in illegal mining cases in Indonesia through a normative juridical approach. The decision marks an important milestone in the enforcement of environmental criminal law, particularly in addressing unlicensed mining activities that cause ecological damage. By examining statutory regulations, judicial precedents, and doctrinal principles, this study reveals that the Supreme Court consistently applies the principles of strict liability and lex certa, emphasizing that illegal mining constitutes a criminal offense regardless of intent. The Court’s interpretation aligns with environmental protection objectives under Law Number 32 of 2009 and the Mining Law, promoting judicial consistency and strengthening environmental governance. The findings indicate that the decision enhances legal certainty by clarifying criminal liability standards, unifying judicial interpretation, and reinforcing the deterrent effect of environmental law. However, practical challenges remain in ensuring consistent enforcement, improving community awareness, and coordinating between central and regional authorities. Overall, this decision contributes significantly to the development of environmental jurisprudence and the realization of sustainable justice in Indonesia’s legal system.
Copyright (c) 2025 Evy Febryani, Rival Pahrijal, Agung Zulfikri https://creativecommons.org/licenses/by-sa/4.0
Bibliometric Analysis of Environmental Law Research: Identification of Thematic Focuses and Global Collaboration Networks
This study does a thorough bibliometric analysis of environmental legal research to ascertain its topic foci, intellectual framework, and global collaboration networks. The study utilizes data from Scopus and Web of Science, employing VOSviewer and Bibliometrix tools to examine publication patterns, keyword co-occurrences, and collaborations among institutions and countries from 2000 to 2025. The findings indicate three primary topic clusters: (1) environmental law and governance, (2) regulation and enforcement, and (3) climate change and sustainable development. The United States, China, and the Netherlands are the primary influential donors, while burgeoning collaborations from Asia and Latin America signify an increasing diversification of worldwide research involvement. Author and institutional networks, including prominent individuals like Heyvaert, Sands, and Peel, exemplify the international and interdisciplinary characteristics of the area. The study highlights the evolution of environmental law into a worldwide and integrated field, integrating legal theory, policy, and sustainable practices. It provides strategic ideas for enhancing collaboration, capacity development, and evidence-based policymaking in environmental governance.
Copyright (c) 2025 Loso Judijanto https://creativecommons.org/licenses/by-sa/4.0
Bibliometric Mapping of Constitutional Law Research: Global Trends and Indonesian Context (2000–2024)
This study performs a bibliometric analysis of international constitutional law research from 2000 to 2024 utilizing data from the Scopus database. The study utilizes VOSviewer and Bibliometrix to delineate author collaboration networks, institutional connections, and theme progression. Results demonstrate that constitutional law, human rights, jurisprudence, and constitutional courts represent the field's most significant themes, indicating a transition from conventional doctrinal discussions to multidisciplinary and global viewpoints. The United States, United Kingdom, Germany, Italy, and Spain lead in publishing production and international collaboration. The results underscore the globalization of constitutional study and its alignment with governance, rights, and transnational legality challenges. This research enhances comprehension of the intellectual framework, collaboration dynamics, and developing trends in constitutional law, providing valuable insights for scholars, institutions, and governments aiming to bolster academic connectedness and comparative discourse.
Execution Delay and Its Impact on the Psychological Suffering of Death Row Inmates in the Indonesian Criminal Law System
This study analyzes the issue of execution delays and their impact on the psychological suffering of death row inmates in Indonesia's criminal law system. Using a normative juridical approach, the research identifies a significant normative gap, as Indonesian positive law lacks explicit regulations governing the time limit for carrying out executions after a verdict becomes final. This legal vacuum leads to prolonged uncertainty for inmates, resulting in extreme psychological distress known as the death row phenomenon. This condition is argued to constitute cruel, inhuman, or degrading treatment, violating both international human rights principles, such as those in the ICCPR, and Indonesia's constitutional guarantees of humane treatment and legal certainty. The analysis reveals a fundamental tension between retributive justice and substantive humanity. The study concludes by emphasizing the urgent need for legal reform to establish clear execution time limits and robust oversight mechanisms. This is crucial to align Indonesia's penal system with the principles of substantive justice, human dignity, and the rule of law.
Copyright (c) 2025 Padlillah Padlillah, Heri Heriyanto https://creativecommons.org/licenses/by-sa/4.0
Iphone 13 Pro Max Intellectual Property Rights Legal Protection
This study's goal is to investigate how the iPhone 13 Pro Max's intellectual property rights are protected. The secondary data type being used in this study is primary and secondary legal resources, and one form of data collection is library studies. The methodology employed in this study is a normative juridical approach. The data analysis method is based on qualitative methods to generate descriptive-analytical information. Article 40 paragraph (1) letter f and s, Article 59 paragraph (1) letter e of the Copyright Law, Article 3 paragraph (1) of the Patent Law, Article 1 Number 1 of the Industrial Design Law, Article 1 Number 1 and Article 2 paragraph (3) of the Trademark Law, and Article 1 Numbers 1 and 2 of the Layout Designs of Integrated Circuits all provide some protection for the findings of the study on the legal protection of intellectual property rights pertaining to the iPhone 13 Pro Max.
Copyright (c) 2025 Nanda Aza Vahleza, Tashya Panji Nugraha, Fahmi Fairuzzaman https://creativecommons.org/licenses/by-sa/4.0
Progressive Steps to Maximize the Payment of Substitute Money in Corruption Crimes
Although there is a punishment for compensating for state losses brought on by corruption, laws and illegal compensation-paying activities have not been able to efficiently and optimally restore state losses. The study aims to investigate the reasons behind the suboptimal recovery of state losses attributable to corruption through compensation payments, and to identify progressive legislative measures that might enhance the effectiveness of compensation in rectifying these losses. This study employs a normative research methodology, utilizing secondary data derived from legal texts. Techniques for acquiring legal information through literature review. The research results suggest that: 1. The punishment for paying substitute money does not provide the best return of state losses resulting from corruption because: a) there are unclear criminal arrangements for paying substitute money, and b) there are no rules pertaining to the crime of paying substitute money, c) Confiscation Constraints for Payment of Substitute Money, d) Individual Convicts Prefer Subsidiary Prison Instead of Paying Substitute Money, Interpretation of the Purpose of Criminal Application of Substitute Payment Penalties, and f) PERMA Number 5 of 2014's shortcomings in relation to the charge of using extra replacement money in corruption-related activities. 2. To guarantee that the criminal payment of compensation in corruption may most effectively recoup state losses, the following progressive legislative steps are required: a) Subsidies are not included in the penalty for paying compensation, b) The existence of the Law on Confiscation and Forfeiture in Corruption Crimes, c) Return of state losses through compensation money taking into account the value of interest, d) Return of state losses through Bankruptcy Efforts or PKPU of Corrupt Corporations, and e) Corrupt Corporations are restored to Survive and Pay Obligations.
Copyright (c) 2025 Muhammad Yasir https://creativecommons.org/licenses/by-sa/4.0
Review of Law Number 11 of 2020 on Job Creation: Constitutionality Test Based on Constitutional Court Decision Number 91/PUU-XVIII/2020
This study conducts a normative legal analysis of Law Number 11 of 2020 on Job Creation (commonly referred to as the Omnibus Law), focusing on its constitutionality as assessed in Constitutional Court Decision Number 91/PUU-XVIII/2020. The research examines the legal and procedural foundations of the law's formation and evaluates whether it adhered to the standards set by the 1945 Constitution of the Republic of Indonesia. The Constitutional Court declared the law "conditionally unconstitutional," citing procedural violations such as insufficient public participation, lack of transparency, and post-ratification changes. This paper discusses the legal reasoning behind the Court’s decision, the legislative implications of using the omnibus method, and the broader impact on Indonesia's legal and democratic processes. The findings emphasize the importance of constitutional compliance, legislative discipline, and meaningful public involvement in lawmaking to ensure legal certainty and democratic accountability
Copyright (c) 2025 Ahmad Burhanuddin, Yana Priyana https://creativecommons.org/licenses/by-sa/4.0
An Analysis of the Legal Responsibility of Team Physicians for ACL Injuries Among Indonesian Liga 1 Players in Light of Law Number 17 of 2023 on Health
This study analyzes the legal liability of team doctors in cases of Anterior Cruciate Ligament (ACL) injuries in Indonesian League 1 players, reviewed from Law Number 17 of 2023 concerning Health. The background of this study is based on the high risk of ACL injury in professional football athletes and the complexity of applying medical care standards in the context of sports. The method used is normative legal research with statute, conceptual, and case approaches, utilizing primary materials (Law 17/2023, Criminal Code, PSSI/LIB regulations), secondary (health law journals, sports medicine books), and tertiary (legal dictionaries). The results of the study show that the responsibility of team doctors includes civil, criminal, ethical, and administrative dimensions; Law 17/2023 strengthens the accountability framework through Article 440 concerning criminal sanctions for medical negligence, as well as the rights and obligations of patients-athletes. However, it is evident that there is a gap in the qualification standards of Liga 1 team doctors and the absence of specific protocols for handling ACL injuries, which makes it difficult to prove negligence. The main recommendations include improving medical qualifications, drafting detailed protocols, and socializing obligations based on Law 17/2023 to clarify treatment standards and strengthen athletes' legal protection.
Copyright (c) 2025 Putu Yudi Pradnyana, Ni Luh Gede Astariyani, I Wayan Budiasa https://creativecommons.org/licenses/by-sa/4.0
Legal Aspects of Occupational Health and Safety in Healthcare Facilities
Occupational Health and Safety (OHS) is a fundamental legal and ethical mandate designed to protect workers, especially in high-risk environments such as healthcare facilities. Despite the existence of a solid legal framework in Indonesia—including Law No. 1 of 1970 and Ministry of Health Regulations No. 66/2016 and No. 52/2018—national data reveal a continued rise in workplace accidents and occupational diseases, with needlestick injuries (NSIs) representing a prominent and alarming hazard. This study investigates the legal and ethical dimensions of OHS implementation in healthcare service facilities, analyzing systemic gaps between regulatory provisions and practical enforcement. Factors such as high workload, lack of safety-engineered devices, underreporting of incidents, and inadequate regulatory oversight contribute to persistent occupational risks. Ethically, the ongoing prevalence of avoidable incidents like NSIs raises serious questions about the institutional responsibility to uphold principles of non-maleficence, justice, and professional duty of care. The study concludes with legal and ethical recommendations to enhance enforcement mechanisms, bridge compliance gaps, and build a holistic safety culture in healthcare settings.
Copyright (c) 2025 Ketut Suparna https://creativecommons.org/licenses/by-sa/4.0
Juridical Review of the Inconsistencies in Medical Practice Licensing in the Implementation of Telemedicine from the Perspective of Indonesian Health Law
This study aims to identify and analyze the legal inconsistencies in medical practice licensing within the implementation of telemedicine services in Indonesia. As the use of telemedicine continues to grow as an alternative means of delivering remote healthcare, various legal challenges have emerged, particularly concerning the validity of medical practice licenses across different jurisdictions, violations of standard operating procedures, and potential misuse of patient data. This research provides a comprehensive examination of the legal implications that may affect three key entities: doctors, other healthcare professionals, and telemedicine service providers. The analysis is conducted through the lens of civil, criminal, and administrative malpractice frameworks. The study also reviews relevant national regulations governing telemedicine practices, including the Medical Practice Law, the Health Law, Ministry of Health Regulations (Permenkes), and the Electronic Information and Transactions Law (ITE Law). The findings reveal significant legal gaps, especially in the recognition of practice licenses across regional boundaries, patient data security, and accountability in digital health services. This research offers legal policy recommendations, such as regulatory harmonization, strengthened oversight mechanisms, and enhanced legal capacity-building for healthcare professionals involved in telemedicine practices.
Copyright (c) 2025 Novita Andrayani Susanti, Sagung Putri M. E. Purwani , I Gusti Agung Mas Rwa Jayantiari https://creativecommons.org/licenses/by-sa/4.0
The Digitization of Islamic Philanthropy: Legal Accountability of Amil Zakat Institutions in Zakat Management via E-Commerce
The digitalization of Islamic philanthropy has compelled amil zakat institutions to adapt to technological advancements, including through partnership with e-commerce platforms such as Shopee. While this collaboration facilitates muzakki in fulfilling their zakat obligations, it raises legal questions concerning the accountability of zakat institutions in managing digital zakat funds. This study aims to examine the practice of digital zakat management via e-commerce platforms, the legal relationships among the involved parties, and the form of accountability borne by amil zakat institutions in distributing zakat through digital means. This research employs a normative legal methodology, utilizing statutory and conceptual approaches. The findings indicate that, despite the absence of specific regulations governing zakat through e-commerce, zakat institutions remain fully legally accountable under Law No. 23 of 2011 and Government Regulation No. 14 of 2014. Such accountability encompasses administrative, moral, and social responsibilities. The lack of technical regulations concerning digital zakat transaction mechanisms and standardized reporting indicates weak institutional accountability, potentially undermining public trust in digital zakat practices. Therefore, a regulatory framework is urgently needed one that accomodates digital innovation while ensuring transparency and accountability in accordance with sharia principle.
Copyright (c) 2025 Utiyafina Mardhati Hazhin, Yosefina Elinda Sunur https://creativecommons.org/licenses/by-sa/4.0
Handling of Missing Persons Reports Suspected of Victims of Crimes and Problems in Uncovering the Truth of the Case by the Salaman Sector Police
The development of society and globalization have made crimes such as kidnapping, murder, and rape more diverse. In Indonesia, missing persons reports are often the beginning of the revelation of criminal acts, but the handling by the police is still slow and not uniform. Some reports are only processed after 1x24 hours, even though time is crucial. At the Salaman Police Station, 32 cases of missing persons in 2021-2025 led to criminal acts, showing the need for improvement. Handling must be fast, precise, and uniform without administrative delay, in accordance with the provisions of the Criminal Procedure Code and police regulations that require immediate service and victim protection. Standard regulations are needed that regulate the operational standards for handling missing persons reports, especially if they contain suspected criminal acts. This research uses a normative juridical method with a legal approach and a conceptual approach. To strengthen the argument, an interview was conducted with the Head of the Criminal Investigation Unit of the Salaman Police in a structured manner. This research uses a normative-empirical type of research. The approaches used in this study are the laws and regulations approach, and the case approach. Normative-empirical research uses primary data and is supported by secondary data. The results of the study concluded that the action taken by the Salaman Sector Police of Magelang Regency when there is a report of a missing person suspected of being a victim of a crime is to follow up in accordance with the SOP for the Acceptance of Police Reports and the SOP for Public Visits in accordance with Article 7 letters c and d of the Regulation of the National Police of the Republic of Indonesia Number 7 of 2022 concerning the Professional Code of Ethics and the Commission of the Code of Ethics of the National Police of the Republic of Indonesia, and Article 1 number 4 of the Regulation of the Chief of the National Police of the Republic of Indonesia Number 6 of 2019 concerning Criminal Investigation. The Salaman Police directly followed up on missing person complaints without following the 1 x 24-hour waiting mechanism, and followed up on missing person complaints in the same way by following up on reports of suspected criminal acts. The reason is that missing person complaints can develop into reports of alleged criminal acts, as well as problems in uncovering the truth of the case of handling missing persons reports in the Salaman Sector Police, Magelang Regency is based on the theory of factors that affect law enforcement by Soerjono Soekanto, namely regarding community factors and cultural factors.
Copyright (c) 2025 Oka Putra Nugrahanto, Basri, Yulia Kurniaty https://creativecommons.org/licenses/by-sa/4.0
Police Authority and the Role of Traffic Infrastructure in Law Enforcement Against Traffic Violations in Badung District
Police authority and the role of traffic infrastructure are very important in law enforcement against traffic violations in Badung Regency. The police act as law enforcers in charge of regulating, guarding, escorting, and patrolling traffic. Traffic infrastructure, such as signs, road markings, and traffic lights, support the police in regulating and controlling traffic flow. Obstacles to Law Enforcement Against Traffic Violations in the Badung Resort Police, including: a. lack of cars available to conduct traffic patrols. b. lack of traffic police personnel. c. lack of traffic patrol hours. d. lack of cooperation from the community to realize the condition of the traffic. lack of cooperation from the community to realize orderly, safe and smooth traffic conditions, including: a) Riders who run away at high speed during traffic operations b) Riders never feel deterrent even though they have repeatedly committed traffic violations c) The number of people who inform information about traffic operations to other motorists so that other motorists are reluctant to pass through roads that are being held traffic operations. d) Always abuse the position of parents, family and relatives when conducting traffic operations.
law enforcement and the role of the police
Copyright (c) 2025 Made Andrey Dwipayana Putra, Erikson Sihotang, Mulyawan Subawa https://creativecommons.org/licenses/by-sa/4.0
Criminal Liability for the Perpetrator of Fraud with the Modus of Lending Motorized Vehicles
Fraud in the form of borrowing motor vehicles under false pretenses is a type of crime that exploits trust in social relationships and is often overlooked in legal discussions. This study aims to analyze the application of Article 378 of the Indonesian Criminal Code and judicial considerations in determining criminal liability in fraud cases using the case study of Decision Number 102/Pid.B/2024/PN Kotabumi. The research employs a normative juridical method using literature and document analysis to examine the legal framework and factual evidence. Findings indicate that the elements of fraud, both objective and subjective, were fulfilled convincingly. The court imposed a 2-year and 6-month prison sentence, considering both juridical and non-juridical aspects. This study highlights the importance of distinguishing fraud from civil disputes in cases involving personal relationships and emphasizes the necessity for consistent law enforcement to ensure justice and legal certainty.
Copyright (c) 2025 Enjelia Putri Agustina, Nisa Fadhilah https://creativecommons.org/licenses/by-sa/4.0
Analysis of Law Enforcement in the Perspective of Law Number 32 of 2009 concerning Illegal Mining and Environmental Damage
This study investigates the enforcement of Law Number 32 of 2009 concerning Environmental Protection and Management, with a specific focus on addressing the phenomenon of illegal mining and its contribution to environmental degradation in Indonesia. Through a normative juridical approach, the research analyzes legal provisions, regulatory structures, and institutional mechanisms that govern environmental law enforcement. The findings reveal that although the law provides comprehensive tools—including administrative, civil, and criminal sanctions—its enforcement is often hindered by institutional fragmentation, weak monitoring systems, limited public participation, and political interference. Illegal mining continues to thrive in various regions, causing severe environmental damage such as deforestation, water pollution, and soil erosion. The study highlights the urgent need for integrated law enforcement, inter-agency coordination, legal reform, and community empowerment. Strengthening these areas is critical to realizing environmental justice and sustainability through effective legal implementation.
Copyright (c) 2025 Muhamad Ammar Muhtadi, Mila Surahmi , Citra Dewi Saputra, Zaimah Husin, Emmi Rahmiwita Nasution https://creativecommons.org/licenses/by-sa/4.0
Discretionary Authority in Government Administration after Law Number 30 of 2014 concerning Government Administration
This study examines the regulation and implementation of discretionary authority in Indonesian government administration following the enactment of Law Number 30 of 2014 concerning Government Administration. Using a normative juridical approach, the research analyzes the legal framework, guiding principles, and mechanisms of accountability associated with the use of discretion by public officials. The law formally defines discretionary authority, outlines conditions for its application, and incorporates safeguards to ensure decisions align with legal norms and serve the public interest. The findings indicate that while the law improves legal certainty and promotes good governance, practical challenges remain in its application, including limited legal awareness among officials, fear of legal repercussions, and weak oversight mechanisms. The study concludes that strengthening institutional capacity and providing legal guidance are essential to ensure the responsible and effective use of discretion in public administration.
Copyright (c) 2025 Loso Judijanto, Hildawati https://creativecommons.org/licenses/by-sa/4.0
Analysis of Article 28I Paragraph (4) of the 1945 Constitution on the Protection of Minority Rights and the Principle of Non-Discrimination in the Indonesian Legal System
This paper examines Article 28I Paragraph (4) of the 1945 Constitution of the Republic of Indonesia from a normative juridical perspective, focusing on its role in protecting minority rights and upholding the principle of non-discrimination. As a constitutional provision, Article 28I (4) mandates the state—particularly the government—to ensure the protection, promotion, enforcement, and fulfillment of human rights. The study analyzes how this mandate is reflected in national laws, judicial decisions, and administrative practices, while also assessing Indonesia’s compliance with international human rights obligations. The findings reveal that despite strong constitutional commitments, the implementation remains inconsistent due to inadequate enforcement, the absence of a comprehensive anti-discrimination law, and the persistence of discriminatory local regulations. The study recommends legal harmonization, institutional strengthening, and the enactment of specific anti-discrimination legislation to ensure equal rights for all citizens, especially minorities. This research contributes to the development of a more inclusive and just legal framework in Indonesia.
Copyright (c) 2025 Yana Priyana, Sopian https://creativecommons.org/licenses/by-sa/4.0
Formulation of Notary's Right of Refusal In Criminal Case Examination Process
The notary is frequently a party to a dispute that occurs between the parties to the deed. For the parties, the notary drafts an official deed. Because of this requirement, the notary must have legal protection in the form of the right of renunciation. Law Number 30 of 2004 about the Notary Position (UUJN) and Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Notary Position (UUJN-P) (norm vacuum) do not, however, restrict the right of renunciation for notaries. This study employed normative legal research as its methodology. The findings of this dissertation research serve as the philosophical foundation for allowing a notary to decline to perform his duties in relation to notarial deed making as a public official, namely offering protection and assurances for the attainment of legal certainty. Adding guidelines for the legal protection of notaries in the UUJN is one way to standardize the notary's power of refusal in the course of law enforcement over notarial deeds pertaining to legal matters. Researchers provide a proposal with the formulation of norms that are made into additional paragraph (5) in Article 66 of the UUJN. According to the established norms, notaries who follow the law and ethical codes are protected from both civil and criminal prosecution while carrying out their official duties.
Copyright (c) 2025 I Nengah Nuarta, Mochamad Sukedi https://creativecommons.org/licenses/by-sa/4.0
Juridical Review of Witness Evidence in Criminal Case Trials Who Refuse to Take an Oath
Witness testimony holds a central position as a valid means of evidence under Article 184 of the Indonesian Criminal Procedure Code (KUHAP). However, the legitimacy of unsworn witness statements remains a contentious legal issue, particularly in cases involving victims of sexual violence, children, or individuals who refuse to take an oath due to psychological, religious, or personal reasons. Articles 160 and 185 of KUHAP mandate an oath as a formal requirement, with limited exceptions under Article 171. The absence of an operational definition for “legitimate reasons” for refusing to swear leads to inconsistent court decisions and legal uncertainty. This research adopts normative, case, and conceptual approaches using secondary data analyzed qualitatively. Findings reveal that most judges strictly interpret the validity of evidence, yet some adopt a progressive stance by accepting unsworn statements as supporting evidence when corroborated by other legal proofs. Reform of criminal procedure law is urgently needed to create a more adaptive system that accommodates substantive justice and the protection of vulnerable witnesses, while ensuring legal certainty and safeguarding human rights in the evidentiary process.
Copyright (c) 2025 Ni Made Cista Dewi, Ni Ketut Wiratny, Siti Nurmawan Damanik https://creativecommons.org/licenses/by-sa/4.0
The Status of Local Examination as a Consideration For Judges in the Settlement of Civil Disputes in the Tabanan District Court
Local examination is one of the procedural instruments in civil procedural law that serves as a means for judges to directly observe the disputed object. Although it is not formally classified as evidence under Article 1866 of the Indonesian Civil Code, local examination holds significant value in supporting the judge's conviction regarding material truth. This study aims to analyze the role of local examination and identify the obstacles in its implementation at the Tabanan District Court. The research method used is normative legal research with a statutory, conceptual, and case approach. The results show that local examination plays a vital role in the evidentiary process, especially in land disputes, and often becomes a key judicial consideration in civil case decisions. However, its implementation still faces several challenges, including limited budget, geographical access difficulties, and a lack of legal understanding among the litigating parties. Therefore, there is a need for regulatory reinforcement, increased operational support, and public legal education to ensure that local examination is carried out optimally in upholding justice and legal certainty.
Copyright (c) 2025 Ni Luh Gede Intan Virgayanti, Nurianto, Zuhro Nurindahwati https://creativecommons.org/licenses/by-sa/4.0
Personal Data Privacy in Social Media Platform: Governance, Ethics, an Regulatory Measures
This study explores the complexities of personal data privacy in the context of social media platforms, and existing regulatory frameworks. Trough a multidisciplinary analytical approach, this study evaluates the relationshipbetween users privacy rights, data management practies by platforms, and corporate legal liability. As a theoretical frameworks, the theory of privacy rights, data governance theory, and the concept of platforms responbilityare used toanalyze this problem. The results of the study revealed that there is a significant gap between the business model of platforms that rely on data extraction and user privacy expectations. Also identified are the limitations of current regulations in the face of rapid technological dynamics. This research contributes to the literature by introducing an integrated privacy governance model, which seeks to accommodate the needs of a more adaptive regulatory stakeholder. These findings have important implications for policy development, industry practices, and improved digital literacy for users.
Copyright (c) 2025 Aprilia Dwi Santoso Putri, Prasastyanti https://creativecommons.org/licenses/by-sa/4.0
The Right to Privacy in International Law: Evolving Standards for Personal Data Protection in the Digital Era
Privacy and personal data protection are increasingly important issues in today's digital era. This article highlights the importance of recognizing privacy as a fundamental human right that must be protected by the state in accordance with applicable human rights principles and the constitution. Protection of personal data is becoming increasingly crucial because it is often a target for irresponsible parties. International regulations, such as the Universal Declaration of Human Rights and the General Data Protection Regulation (GDPR) in the European Union, provide a framework for the protection of personal data. This article also highlights a key challenge to protecting privacy, namely finding a balance between the need for security and individual privacy. Efforts such as developing specific laws on personal data protection, increasing public awareness, and enhancing international cooperation are urgently needed. Keywords: privacy, data protection, human rights, regulations, challenges.
Copyright (c) 2025 Lutfiah Sholikhatun Nafi’ah, Rina Arum Prastyanti https://creativecommons.org/licenses/by-sa/4.0
Digital Education and the Challenge of Personal Data Protection: An International Human Rights Law Perspective on State Obligations
There is currently a conflict between technological innovation and the preservation of privacy rights as a result of the increasing collection of students’ personal data caused by the digital transformation of education. Through the lens of international human rights law, this research seeks to understand states’ obligations to protect personal data in the context of digital education. This research examines three theoretical frameworks: the concept of International Due Dilligence, the interpretation of General Comment No. 16 of the UN Human Rights Committee, and Human Rights Protection Theory, using a normative legal methodology and doctrinal approach. The findings demonstrate significant weaknesses in traditional regulatory frameworks that prevent education data protection from incorporating a human rights perspective. In the context of digital education, this research shows that the state has three duties to uphold, defend and fulfill the right to data privacy. To assess the state’s compliance with its duties to prevent, address and remedy education data privacy violations, this research creates an evaluative model based on due diligence. The results are important for creating a human rights-based approach to regulating education data, providing a conceptual framework that strikes a balance between protecting fundamental rights and technological advancement, and increasing state accountability in digital education data governance.
Copyright (c) 2025 Vania Sokya Fausta, Rina Arum Prastyanti https://creativecommons.org/licenses/by-sa/4.0
Alignment of Indonesian Manpower Regulations with ILO Standards in Increasing the Participation of Persons with Disabilities in the World of Work
The protection of employment rights for persons with disabilities is an important part of efforts to realize equality and human dignity. This study aims to examine the legal framework in Indonesia related to employment for persons with disabilities by assessing its conformity to the standards set by the International Labour Organization (ILO). Using normative legal research methods, this study focuses on the analysis of relevant national regulations as well as international conventions that have been ratified by Indonesia, especially those related to the rights of persons with disabilities in the workplace. This study reviews whether existing legal provisions in Indonesia have adopted the principles outlined in the ILO standards, as well as provides a critical review of legal measures in Indonesia. The results of the study show that there is a conformity in several aspects between the Indonesian legal framework and ILO standards, but there are still some things that need to be improved in legislation to improve legal protection for persons with disabilities in Indonesia.
Copyright (c) 2025 E. Imma Indra Dewi, Shella Angelia https://creativecommons.org/licenses/by-sa/4.0
Inequality in Person Data Protection for Vulnerable Communitiesin the Digital
This study aims to analyze the inequality of personal data protection for vulnerable groups in Indonesia in the context of digital transformation. The scope includes communities with low digital literacy, remote areas, the elderly, and informal sector workers. The methods used are literature study, policy analysis, survey analysis, and case studies. Data were taken from 94 cases of personal data leaks from 2019–2023, with the majority coming from private electronic system organizers. The findings show that data protection tends to be a luxury item that is only enjoyed by empowered groups. According to the data, there were 35 cases of leaks in 2023 alone. This study also proposes a social justice-based governance model to address structural inequality for vulnerable groups.
Legal Protection of Data in Developing Countries
Copyright (c) 2025 Firman Nur Arifin, Rina Arum Prastyanti https://creativecommons.org/licenses/by-sa/4.0
From State Control to Societal Governance: Fostering Private Enterprise and Societal Autonomy in Vietnam's Administrative Reforms
Vietnam's transition from a centrally planned economy to a market-oriented system has necessitated fundamental changes in administrative governance structures. This paper examines the paradigm shift from direct state control toward societal governance models and analyzes how these reforms impact private enterprise development and societal autonomy. Through qualitative analysis of policy documents, legal frameworks, and expert perspectives, this research explores the mechanisms underlying Vietnam's transition from pre-emptive licensing (tiền kiểm) to post-audit supervision (hậu kiểm) while embracing a developmental state (nhà nước kiến tạo phát triển) approach. The study reveals that while significant progress has been made in reducing direct state intervention, the full realization of societal governance requires deeper institutionalization of participatory mechanisms, enhanced legal frameworks for self-regulation, and strengthened societal autonomy through diversified administrative law sources and robust freedom of association. The findings contribute to understanding state transformation in transitional economies and provide policy recommendations for balancing state guidance with societal self-governance in developing contexts.
Copyright (c) 2025 Chau Vu Minh https://creativecommons.org/licenses/by-sa/4.0