Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
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This Author published in this journals
All Journal International Journal of Law and Society Journal of Law and Legal Reform
Pujiyono
Universitas Diponegoro, Indonesia
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Navigating the Legal Minefield: The Impact of Articles 27A and 27B of Indonesia's EIT Law on Freedom of Expression and the Path to Legal Reform Mikhael Feka; Pujiyono; R.B. Sularto; JT. Pareke
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.19116

Abstract

President Joko Widodo (Jokowi) officially approved the second revision of Law Number 1 of 2024 on the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions (EIT) on January 4, 2024, reflecting the government's effort to align regulations with the rapid development of information and communication technology. While this revision introduces significant changes, particularly Articles 27A and 27B regulate actions that attack a person's honor or reputation. The public views it as a missed opportunity to eliminate existing ambiguities and potential misuse. This research employs normative legal methods with statutory, conceptual and comparative approaches, adopting a descriptive-prescriptive nature. The analysis reveals that the unclear definitions and potential for multiple interpretations of Articles 27A and 27B negatively impact freedom of expression, creating fear and uncertainty among the public, journalists, and government critics. Furthermore, these provisions violate fundamental human rights principles and contradict the 1945 Constitution and the values of Pancasila, which uphold freedom of expression and social justice. Therefore, while this revision reflects an effort to address the challenges of the digital era, further revisions are necessary to ensure that the law not only meets the needs of law enforcement but also protects human rights, freedom of expression, and remains consistent with the 1945 Constitution and Pancasila. This will prevent the law from becoming a tool for suppressing critical voices and journalistic investigations, which are essential to a healthy democratic society.  
Foundation Governance, Patrimonial Legal Culture, and the Weakening of Asset Separation in a Family-Based Transitional Educational Foundation Kukuh Dwi Kurniawan; Pujiyono; Irma Cahyaningtyas
International Journal of Law and Society Vol 5 No 2 (2026): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v5i2.199

Abstract

This study examines how patrimonial legal culture relates to the weakening of asset separation in a family-based transitional educational foundation and applies the substance over form doctrine to a debt acknowledgment issued to the principal founder’s heirs. It combines a qualitative single-case study of a West Java foundation established in 1982 with juridical-dogmatic analysis of interviews, observation, and legal, financial, and land documents. The foundation did not amend its Articles of Association by 6 October 2008, and its organs came to be held by the principal founder’s lineal descendants, who in 2010 established a new foundation of the same name that took over its activities and assets without any transfer instrument. The 12-hectare land, separated from the founder’s wealth and certified in the old foundation’s name, was omitted from the new foundation’s audited statements. In 2024, the heirs, acting for the new foundation, acknowledged a debt to themselves equal to the land’s market value. Nine parameters reveal a related-party transaction in conflict of interest, without evidenced consideration, by a debtor that does not hold the land. Patrimonial legal culture offers a plausible but non-causal interpretation, while the transaction’s validity and the organs’ liability remain for judicial determination.
Co-Authors Irma Cahyaningtyas JT. Pareke Kukuh Dwi Kurniawan Mikhael Feka R.B. Sularto