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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Academia Open
Efendy, Chelsea Shine
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Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Public Health

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The Faceless Face: The Paradox of Bureaucratic Digitization in Indonesia: Wajah Tanpa Nama: Paradoks Digitalisasi Birokrasi di Indonesia Efendy, Chelsea Shine; Santoso, Cornelia Editha; Thiolla, Victoria Gledie; Josephine, Anastasia Mandy
Academia Open Vol. 11 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.11.2026.14074

Abstract

General Background The digitization of bureaucracy in Indonesia is promoted to improve efficiency, transparency, and integration in public administration. Specific Background In practice, digital systems increasingly determine administrative recognition, as illustrated by the absence of valid mining permits in national databases despite their continued legal validity. Knowledge Gap Existing discussions have insufficiently addressed how digitalization reshapes the conceptual foundation of administrative law, particularly the notion of Administrative Decisions (KTUN) and the locus of accountability. Aims This study analyzes the implications of administrative depersonalization on the concept of KTUN, judicial review in administrative courts, and the protection of citizens’ rights. Results The findings reveal a paradox in which reliance on automated systems produces administrative deadlock, dualism between normative legality and digital administrative validity, and ambiguity in determining accountable actors. The study also identifies difficulties in defining dispute objects and tracing decision-making processes in system-generated outputs. Novelty This research offers a conceptual reconstruction of administrative law by situating digital systems as instruments rather than substitutes for legal subjects, emphasizing the continued centrality of human discretion and responsibility. Implications The study underscores the necessity of integrating digital governance within constitutional principles, ensuring that efficiency-driven systems do not undermine legal certainty, justice, and human dignity in administrative practices. Highlights: Automated administrative systems generate dual validity between legal recognition and database status. Judicial examination becomes complex due to system-based outputs lacking clear decision-makers. Human discretion remains essential to maintain accountability and protect citizens’ rights. Keywords: Digital Bureaucracy, Administrative Depersonalization, Administrative Decisions, E-Government, Legal Accountability
National Legal Frameworks and International Challenges of Netflix Regulation: Censorship, Taxation, Cross-Border Licensing Kusuma, Bambang Priyatna; Efendy, Chelsea Shine; Santoso, Cornelia Editha
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.7278

Abstract

This research examines the regulatory challenges of Over-The-Top (OTT) platforms like Netflix within the context of Indonesian law and global comparisons. The national content censorship system managed by the Film Censorship Institute (LSF) and the Ministry of Communication and Information Technology (Kominfo) still employs a pre-censorship paradigm that is both preventive and normative. This approach creates tension with the self-regulation principle implemented by Netflix globally, thus creating legal uncertainty and limited content access for users in Indonesia. In the fiscal aspect, the Value Added Tax (VAT) policy on foreign digital services has been implemented to ensure fiscal fairness, but the implementation of Income Tax (PPh) still faces obstacles due to the lack of a physical presence (Permanent Establishment) and the non-implementation of the Significant Economic Presence (SEP) concept. On the other hand, the issue of cross-border licensing emphasizes the complexity of copyright protection and cross-border content distribution, where Indonesia still emphasizes territorial restrictions as per the Berne Convention and does not yet have regional harmonization like the Audiovisual Media Services Directive (AVMSD) model in the European Union. This study concludes that Indonesia needs to develop a co-regulation mechanism and strengthen an adaptive digital legal framework to be able to maintain the sovereignty of cultural values ​​without hindering freedom of expression and the competitiveness of the national digital economy.
Co-Authors Josephine, Anastasia Mandy Kusuma, Bambang Priyatna Santoso, Cornelia Editha Thiolla, Victoria Gledie