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All Journal Indonesian Journal of Law and Policy Studies
Misno Misno
Universitas Muhammadiyah Tangerang
Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Construction of Fake Diploma Allegations: An Analysis of Electronic Data Integrity under the Personal Data Protection and Electronic Information Laws Rijal Ibnu Sani; Suartini Suartini; Tri Cahya Indra Permana; Ahmad Ahmad; Misno Misno
Indonesian Journal of Law and Policy Studies Vol. 5 No. 1 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i1.15923

Abstract

The discourse surrounding the validity of public officials’ diplomas in cyberspace is frequently entangled in the criminalization of defamation offenses. There exists a profound ambiguity in law enforcement practices that fail to distinguish between criticizing the validity of an electronic document and intending to attack an individual’s personal honor. This blurred boundary generates concern among citizens who seek to exercise social control over the integrity of educational data, yet are instead confronted with the excessive penal threats of the Electronic Information and Transactions (ITE) Law. This study aims to deconstruct the juridical status of diplomas as electronic data within the framework of the ITE Law and the Personal Data Protection (PDP) Law, and to examine the implications of Constitutional Court Decision No. 104/2024 for the legal protection of individuals who verify public data within the digital ecosystem. Method: This research employs a normative juridical method using statutory and case approaches to analyze the ratio decidendi of the Constitutional Court. Results: The findings demonstrate that, from a telematics law perspective, a diploma constitutes a set of electronic information characterized as an object of information or a digital asset. Based on the latest Constitutional Court ruling, a clear distinction is established whereby the object of defamation is limited to human beings as legal subjects possessing dignity and honor, rather than objects or documents. Conclusion: Juridically, questioning the integrity of diploma data cannot automatically be classified as defamation. As long as the statement focuses on the authentication and verification of the document, such conduct forms part of freedom of expression and the exercise of social control protected by law
Rethinking Concurrent Creditor Protection in Suspension of Debt Payment Obligations Rijal Ibnu Sani; Suartini Suartini; Ahmad Ahmad; Tri Cahya Indra Permana; Misno Misno
Indonesian Journal of Law and Policy Studies Vol. 5 No. 2 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i2.15932

Abstract

The current practice of Suspension of Debt Payment Obligations (PKPU) in Indonesia reveals a distributive justice anomaly that disadvantages petitioning creditors. A “free-rider” phenomenon has emerged, whereby passive creditors obtain equal or even more favorable treatment without bearing litigation costs or the substantial legal risks associated with initiating proceedings. This inequity is exacerbated by settlement schemes that tend to marginalize initiating creditors through excessive postponement of payment schedules. This study aims to deconstruct the application of the Pari Passu Pro Rata Parte principle when applied without regard to litigation cost contributions, and to formulate a more equitable framework of legal protection for petitioning creditors as initiators of the restructuring process. The research employs a normative juridical method, utilizing conceptual and statutory approaches to evaluate the consistency between bankruptcy procedures and the values of distributive justice. The findings indicate that the absence of a litigation cost recovery mechanism generates structural injustice within the PKPU framework. From a legal standpoint, the petitioner’s financial burden and procedural initiative should be recognized as prioritized costs within the settlement plan. In conclusion, the PKPU regime requires policy redefinition to ensure financial protection for petitioning creditors, prevent exploitation by passive creditors, and preserve the integrity of commercial law enforcement.
Progressive Law Analysis of Injustice in Asset Value Requirements for Construction Services Misno Misno; Ahmad Ahmad; Istiqomah Istiqomah; Aris Gumilar
Indonesian Journal of Law and Policy Studies Vol. 5 No. 2 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i2.15962

Abstract

The Minister of Public Works and Housing Regulation No. 8 of 2022 establishes an asset value requirement of IDR 5 billion for M2 qualification in the installation sector, consequently marginalizing 88% of small-scale construction service enterprises. This research employs qualitative methodologies incorporating juridical-normative and juridical-empirical approaches to analyze the regulatory injustice through the lens of Satjipto Rahardjo's Progressive Law Theory. Data were collected through in-depth interviews with 25 respondents representing diverse stakeholder categories. The findings demonstrate that asset value requirements lack adequate philosophical, juridical, and sociological foundations for the installation sector, which functions as a knowledge intensive industry. The regulatory implementation engenders distributive, procedural, and interactional injustice, contradicting the fundamental principle of "law for humanity." The regulation has resulted in the displacement of 131,000 employment positions and a 64.3% reduction in government project accessibility, without establishing any empirically validated correlation between asset value and technical competency. This study recommends an implementation moratorium and the development of competency-based qualification models more consonant with the installation industry's distinctive characteristics.
The Relevance of Pancasila as the Philosophical Foundation in Law Making in Indonesia Misno Misno; Ahmad Ahmad; Upik Mutiara
Indonesian Journal of Law and Policy Studies Vol. 4 No. 1 (2023): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v4i1.16080

Abstract

This research explores the relevance of Pancasila as a philosophical foundation in the formation of law in Indonesia. Despite its official recognition as the ideological basis of the state, the practical implementation of Pancasila's values in the legislative process often faces significant challenges. Through a normative empirical approach, this study identifies the gap between the ideal of Pancasila and its application in Indonesian law, particularly in the context of globalization and external pressures. The findings reveal that while Pancasila remains crucial, there is a need for comprehensive reform in the legislative process to ensure that laws genuinely reflect the principles of Pancasila. This research emphasizes the importance of strengthening Pancasila education among policymakers and integrating its values into all stages of law-making to preserve national identity and social justice
Co-Authors Ahmad Ahmad Aris Gumilar Istiqomah Istiqomah Rijal Ibnu Sani Suartini Suartini Suartini Tri Cahya Indra Permana Tri Cahya Indra Permana, Tri Cahya Indra Upik Mutiara