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Michelle Nabila Andaista Bangsu
Faculty of Law, Universitas Trisakti, Jakarta, Indonesia
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Freedom of Expression in The Digital Sphere: An Analysis of The Balance Between Constitutional Rights and The Interest of Public Order in Indonesia Michelle Nabila Andaista Bangsu
Advances in Community Services Research Vol. 4 No. 2 (2026): March - August
Publisher : Yayasan Pendidikan Bukhari Dwi Muslim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60079/acsr.v4i2.966

Abstract

Purpose: This study aims to analyze the protection of freedom of expression as a constitutional right in Indonesia’s digital space, the implementation of restrictions on that right under Law No. 1 of 2024 on Electronic Information and Transactions, and to formulate a model of constitutional balancing between freedom of expression and public order. Research Method: This study employs a normative legal methodology using legislative, conceptual, and case-based approaches through the analysis of legislation, legal doctrine, and the jurisprudence of the Constitutional Court. Results and Discussion: The results of the study indicate that Article 27A and Article 28(2) of Law No. 1 of 2024 protect different interests, thereby requiring interpretive criteria that distinguish between criticism, opinion, satire, factual allegations, defamation, and hate speech. Restrictions on freedom of expression can only be justified if they comply with the principles of legality, necessity, and proportionality. Implications: These findings provide guidance for policymakers and law enforcement officials to enforce the ITE Law more consistently. Originality: This study proposes the constitutional balancing model as an interpretive framework for assessing the constitutionality of restrictions on freedom of expression in the digital sphere.
Legal Protection for Occupational Safety and Health for Workers in the Informal Sector in Indonesia Michelle Nabila Andaista Bangsu; Dicky Ega Brahmanto; Alia Shifa
Advances in Community Services Research Vol. 4 No. 2 (2026): March - August
Publisher : Yayasan Pendidikan Bukhari Dwi Muslim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60079/acsr.v4i2.967

Abstract

Purpose: This study aims to analyze legal protections for occupational safety and health (OSH) for workers in the informal sector within the Indonesian legal system and to identify normative gaps in the relevant regulations. Research Method: This study employs a normative legal approach (doctrinal legal research) through legislative and conceptual analyses. The analysis was conducted through grammatical, systematic, and teleological interpretations of the 1945 Constitution, Law No. 1 of 1970, Law No. 13 of 2003 as amended by Law No. 6 of 2023, Law No. 24 of 2011, as well as relevant legal doctrines. Results and Discussion: The research findings indicate that occupational safety and health (OSH) protections have a strong constitutional and legal foundation, but harmonization among regulations is not yet optimal because the regulations remain focused on formal employment relationships. This situation has resulted in the ineffective implementation of protections for various categories of workers in the informal sector. Implications: These findings serve as the basis for regulatory harmonization, strengthening legal protection mechanisms, and expanding access to social security for workers in the informal sector. Originality: This study proposes a legal framework for occupational safety and health (OSH) protection based on the classification of informal-sector workers as a model for more inclusive regulatory harmonization.
Legal Protection of Personal Data in Indonesia Following the Enactment of Law No. 27 of 2022 on Personal Data Protection Michelle Nabila Andaista Bangsu; Dicky Ega Brahmanto; Alia Shifa
Advances in Community Services Research Vol. 4 No. 2 (2026): March - August
Publisher : Yayasan Pendidikan Bukhari Dwi Muslim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60079/acsr.v4i2.968

Abstract

Purpose: This study aims to analyze the legal framework for personal data protection in Indonesia following the enactment of Law No. 27 of 2022 on Personal Data Protection (PDP Law), as well as to identify the normative challenges in its implementation. Research Method: This study employs a normative legal methodology with legislative, conceptual, and comparative approaches through qualitative analysis of primary and secondary legal sources. Results and Discussion: The research findings indicate that the Personal Data Protection Act (PDP Act) has established a more comprehensive legal framework through provisions governing the rights of data subjects, the obligations of data controllers and processors, the principles of personal data processing, and mechanisms for administrative and criminal accountability. However, its implementation still requires harmonization with sector-specific regulations, strengthening supervisory institutions, refining regulations regarding AI-based data processing, profiling, and cross-border data transfers, as well as strengthening law enforcement mechanisms. Implications: These findings serve as the basis for refining policies and regulations that implement personal data protection in Indonesia. Originality: The novelty of this research lies in its doctrinal analysis, which integrates the normative framework of the Personal Data Protection Act, the harmonization of sector-specific regulations, and a comparative perspective with the GDPR.
Co-Authors Alia Shifa Dicky Ega Brahmanto