Vivi Ayudya Permatasari
Southwest University of Political Science and Law

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Barbarian Digital Society: A Legal Philosophy Perspective on Efforts to Overcome the Moral Degradation of Indonesian Netizens Ferry Irawan Febriansyah; Aldo Redho Syam; Vivi Ayudya Permatasari
NOVUM : JURNAL HUKUM Vol. 11 No. 04 (2024): Law at the Crossroads of Protection, Participation, and Institutional Integri
Publisher : Universitas Negeri Surabaya

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Abstract

The "Digital Barbarian Society" phenomenon occurs when Indonesian society suffers moral degradation in its activities on social media. Contradicts Indonesian society's culture, which highly values politeness and moderation. This normative legal research emphasizes philosophical, conceptual, and legislative approaches. The research findings confirm that the phenomenon of "Digital Barbarian Society" in Indonesia, particularly on social media, is triggered by a combination of factors such as the rapid development of digital technology without adequate digital literacy and ethics, the digital access gap, socio-psychological pressure, and the widespread dissemination of misinformation and hoaxes that lead to rudeness and chaos in cyberspace. From a legal philosophy perspective, the effort to regulate must go beyond mere punishment by emphasizing the formation of ethical awareness and the internalization of digital civility values rooted in society's legal culture. The ratification of the new Criminal Code and the revision of the ITE Law provide a more relevant and responsive legal basis for digital dynamics by balancing freedom of expression and the protection of public rights. Legal philosophy serves as the moral and social foundation that guides the application of digital law to achieve comprehensive digital justice and ethics
Privacy Protection Against Forced Wirebreaking Attempt by Law Enforcement Officials Bagus Oktafian Abrianto; Dharma Setiawan Negara; Samuel Dharma Putra Nainggolan; Vivi Ayudya Permatasari
Realism: Law Review Vol. 3 No. 3 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i3.99

Abstract

The law permits coercive measures in law enforcement, one of which is telephone tapping. Initially, telephone tapping was closely linked to the protection of privacy as a human right; however, such protection can be limited when necessary and is regulated by law. In Indonesia, regulations governing telephone tapping remain fragmented, as several law enforcement agencies authorized to conduct telephone tapping regulate the mechanism independently through different legal frameworks. This situation has the potential to create legal uncertainty and raise concerns about the protection of citizens' privacy rights. This study uses normative legal research with a legal and conceptual approach. This study aims to analyze the authority of several state institutions to conduct telephone tapping and to examine the mechanisms governing telephone tapping to ensure the protection of the right to privacy as a human right in the law enforcement process
The Guardian of Stamp Duty: Judicial Evasion and Procedural Hyper-Formalism in the Indonesian Constitutional Court Sherly Putri Nurhayati; Febrian Indar Surya Kusuma; Vivi Ayudya Permatasari
Constitutionale Vol 7 No 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v7i1.5646

Abstract

This article examines judicial evasion and procedural hyper-formalism in Indonesia’s Constitutional Court through Case No. 30/PUU-XXIV/2026, in which a petition challenging internet quota expiration was dismissed solely for lacking valid stamp duty. Using normative-juridical and socio-legal approaches, it conceptualizes the dismissal as procedural weaponization: the instrumental use of a minor fiscal requirement to avoid adjudicating a public interest claim involving IDR 63 trillion. Drawing on theories of passive virtues, repeat-player asymmetry, and dual legitimation, the article demonstrates how rigid procedural formalism reinforces corporate advantages and restricts ordinary citizens’ access to constitutional justice. Substantively, purchased internet quota qualifies as constitutionally protected property, while retaining payments for undelivered capacity constitutes unjust enrichment. The article proposes two remedies: a doctrine of procedural leniency for public interest litigation and a conditional constitutionality ruling requiring operators to allow unused data quotas to roll over.