Supeno Supeno
Faculty of Law, Universitas Batanghari, Indonesia

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Personal Data Protection in Review of Legal Theories and Principles Supeno Supeno; Rosmidah Rosmidah; Syed Mohd Uzair Iqbal
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.10252

Abstract

The abuse of personal data for certain interests and causing harm to other parties is often occur so that this raises concerns as a large community in conducting online transactions, in 2022 the President together with the Indonesian Parliament has enacted Law Number 27 of 2022 on Personal Data Protection (PDP) which aims to provide legal protection for the community against their personal data, this provides good hope to ward off various kinds of acts of misuse of personal data, the purpose of this study is to reveal the legal protection of customer data in online transactions after the legalization of personal data protection law seen from legal theory and how the personal data dispute resolution model is in line with the ultimum remidium principle. The type of research used is juridical-normative law using normative and theoretical approaches. The results showed that the protection of one’s privacy rights in online transactions is an embodiment of absolute right theory because the protection of privacy rights is a basic right that everyone must respect, the utilization of one’s privacy rights without the approval of the right owner is a violation of the law, the personal data dispute resolution model in the personal data protection law is not in following with the ultimum remidium principle, the personal data dispute by special organ with like such as the General Data Protection Regulation (GDPR) in the European Union, because it can resolve cross-border personal data cases.
Reconstructing Land Acquisition Law for Indonesia’s National Strategic Projects Rosmidah Rosmidah; Supeno Supeno; Sitta Saraya Sitta Saraya; Rian Saputra Rian Saputra; Seguito Monteiro Seguito Monteiro
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i2.1952

Abstract

National Strategic Projects have accelerated infrastructure development but have also exposed a structural tension between development imperatives, state authority, and the constitutional protection of affected communities. Existing land acquisition governance tends to treat project designation and procedural compliance as sufficient grounds for acquisition, while substantive scrutiny of public interest, indigenous rights, participation, compensation, and socio-ecological consequences remains fragmented. This study aims to reconstruct the legal framework of land acquisition for NationalStrategic Projects (PSN) by establishing a constitutionally grounded model that reconciles development with social justice and rights protection. Using normative legal research with statutory, conceptual, and case approaches, the study applies systematic, conceptual, and teleological legal interpretation. The principal novelty of this study is the Constitutional Justice-Based Land Acquisition Model, which seeks to redesign the legitimacy framework of land acquisition rather than merely improve existing procedures. The model introduces a Constitutional Public Interest Test as a substantive threshold; mandatory Indigenous Rights Screening; meaningful participation and Free-Prior-and Informed-Consent (FPIC); replacement-cost compensation and livelihood restoration; integrated social-ecological assessment; effective remedies from the outset; independent review; and post-acquisition restoration monitoring. Critically, PSN status is reconceptualized as creating a rebuttable presumption of public interest rather than serving as conclusive justification for compulsory land acquisition. The model therefore transforms land acquisition from a project-oriented land delivery mechanism into a form of constitutional, rights-based, and sustainable land governance.