Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal PENA LAW: International Journal of Law
Ardhy Gumilar
Doctor of Law Studies Program, Postgraduate Program - Jayabaya University, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Digital Constitutionalism and Human Rights: A Comparative Constitutional Response to Global Technological Challenges: Digital Constitutionalism and Human Rights: A Comparative Constitutional Response to Global Technological Challenges Ardhy Gumilar; Abdul Latif; Supaphorn Akkapin
PENA LAW: International Journal of Law Vol. 4 No. 1 (2026): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v4i1.300

Abstract

The rapid growth of digital technologies has reshaped communication, governance, and the interpretation of constitutional rights. This study examines how constitutionalism, traditionally designed to limit state power, must adapt to new digital challenges such as surveillance, data exploitation, algorithmic governance, and restrictions on online expression. Using a normative-comparative approach, this study examines constitutional texts, landmark decisions, and regulatory frameworks from Germany, India, South Africa, and Indonesia, alongside international instruments such as the ICCPR and the GDPR. Findings highlight three main patterns. First, privacy and data protection are increasingly recognized as constitutional rights, although this recognition is inconsistent across jurisdictions. Second, digital freedom of expression remains a contested issue, with some courts applying proportionality while others rely on administrative controls. Third, responses to state surveillance reveal a global trend toward stronger safeguards; yet, significant gaps persist in developing contexts, such as Indonesia. This article advances the concept of digital constitutionalism as a paradigm shift extending constitutional protections beyond the state to powerful technology corporations. Theoretically, it reframes constitutionalism in the digital era; practically, it offers normative guidance for courts and policymakers to reinforce digital rights. Ultimately, digital constitutionalism is vital not only for protecting individual rights but also for sustaining democracy in the digital age.
Digital Constitutionalism and Human Rights: A Comparative Constitutional Response to Global Technological Challenges: Digital Constitutionalism and Human Rights: A Comparative Constitutional Response to Global Technological Challenges Ardhy Gumilar; Abdul Latif; Supaphorn Akkapin
PENA LAW: International Journal of Law Vol. 4 No. 1 (2026): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v4i1.304

Abstract

The rapid growth of digital technologies has reshaped communication, governance, and the interpretation of constitutional rights. This study examines how constitutionalism, traditionally designed to limit state power, must adapt to new digital challenges such as surveillance, data exploitation, algorithmic governance, and restrictions on online expression. Using a normative-comparative approach, this study examines constitutional texts, landmark decisions, and regulatory frameworks from Germany, India, South Africa, and Indonesia, alongside international instruments such as the ICCPR and the GDPR. Findings highlight three main patterns. First, privacy and data protection are increasingly recognized as constitutional rights, although this recognition is inconsistent across jurisdictions. Second, digital freedom of expression remains a contested issue, with some courts applying proportionality while others rely on administrative controls. Third, responses to state surveillance reveal a global trend toward stronger safeguards; yet, significant gaps persist in developing contexts, such as Indonesia. This article advances the concept of digital constitutionalism as a paradigm shift extending constitutional protections beyond the state to powerful technology corporations. Theoretically, it reframes constitutionalism in the digital era; practically, it offers normative guidance for courts and policymakers to reinforce digital rights. Ultimately, digital constitutionalism is vital not only for protecting individual rights but also for sustaining democracy in the digital age.
Co-Authors Abdul Latif Supaphorn Akkapin