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All Journal Greenation International Journal of Law and Social Sciences Siber International Journal of Advanced Law
Erwin Owan Hermansyah
Universitas Bhayangkara Jakarta Raya, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Comparison of Personal Data Protection in Indonesia and Thailand: Case Studies and Comparisons Afnan Rifai Sulistyo; Laksanto Utomo; Erwin Owan Hermansyah; Rahmat Saputra
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.539

Abstract

One of the objectives of the creation of Law Number 27 of 2022 concerning Personal Data Protection is for the public to understand Information about the clarity of identity, the basis of legal interests , the purpose of requests and use of Personal Data , and the accountability of parties requesting Personal Data. On the one hand, the presence of Law Number 27 of 2022 concerning Personal Data Protection in Indonesia is considered quite late with the quite rampant cases of misuse of personal data and personal data leaks . cases of misuse of personal data and personal data leaks are quite rampant in Indonesia, for example the problem of personal data leaks in the JKN application where as many as 279 million personal data of residents in BPJS Kesehatan were leaked due to failures in managing personal data security. In addition, there was the theft of consumer data of Tokopedia application users as much as ± 91 million user data, due to Tokopedia being hacked by hackers . From the description, it is known that the purpose of this study is to determine the legal protection model for personal data for JKN Mobile Application users from the perspective of Law No. 27 of 2022 concerning Personal Data Protection , and to encourage the immediate establishment of a Personal Data Protection Agency or Commission to address all issues of leaks and Illegal Access of Personal Data in Indonesia. The research method in this study is a normative juridical method using secondary data and descriptive analysis. The results show that both Indonesia and Thailand have demonstrated a commitment to protecting personal data by adopting a modern legal framework. Thailand's PDPA has advantages in terms of earlier implementation time and a more mature supervisory agency. Meanwhile, Indonesia's PDP Law is still in the early stages of implementation, with technical regulations being prepared, including the establishment of a special supervisory agency.  
Comparative Analysis of Child Protection Laws: Lessons for Indonesia in Safeguarding Children with Disabilities from Sexual Abuse Nur Afiyah; M.S. Tumanggor; Erwin Owan Hermansyah; Edi Saputra Hasibuan
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.541

Abstract

The issue of sexual abuse against children with disabilities remains a critical concern globally, with such children being more vulnerable than their peers without disabilities. This paper examines the gaps and challenges in child protection laws, with a particular focus on Indonesia, through a comparative analysis of international frameworks. While Indonesia has made progress through reforms like the 2016 Child Protection Law and the 2022 Sexual Violence Crime Law, it still faces challenges in addressing the specific needs of children with disabilities. These children often struggle with communication barriers, cognitive limitations, and societal stigma, which prevent them from reporting abuse and hinder justice. Drawing on the experiences of countries like the United Kingdom, Australia, and Canada, the paper identifies key lessons for strengthening Indonesia’s legal frameworks. The UK’s comprehensive approach to child protection, Australia’s rights-based system, and Canada’s integration of Indigenous perspectives provide valuable insights for Indonesia. The paper argues that Indonesia should expand its legal protections, enhance access to justice, and adopt a multidisciplinary approach to safeguarding children with disabilities. It emphasizes the importance of cultural sensitivity and the use of technology in improving child protection systems. Ultimately, the paper calls for a shift towards a rights-based model, ensuring that children with disabilities are empowered and protected in Indonesia and beyond.
Reconstruction of the Division of Governmental Affairs in Village Autonomy to Promote the Welfare of Rural Communities Mustarani; Lina Sinaulan; Erwin Owan Hermansyah
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 2 (2025): Siber International Journal of Advanced Law (October - December 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i2.326

Abstract

The implementation of village autonomy in Indonesia has become a cornerstone of decentralization aimed at realizing equitable development and community welfare. However, the division of governmental affairs between central, regional, and village governments remains fragmented, overlapping, and often inconsistent with the principles of subsidiarity and local empowerment. This article critically reconstructs the legal and institutional framework governing the division of governmental affairs in the context of village autonomy. Using a normative juridical research method supported by conceptual and statutory approaches, the study examines the coherence of existing regulations—particularly Law No. 6 of 2014 on Villages—with higher constitutional norms on local self-government. The findings reveal that excessive administrative control by higher levels of government has constrained the village’s autonomy to plan, execute, and finance its own development programs, thereby impeding the realization of welfare-oriented governance at the grassroots level. This paper proposes a reconstruction model that redefines the functional distribution of authority based on the principles of proportionality, subsidiarity, and participatory governance. Strengthening village autonomy through a clearer division of governmental affairs will enhance local accountability, encourage community-based innovation, and promote sustainable rural welfare as envisioned in the Indonesian Constitution.
Co-Authors Afnan Rifai Sulistyo Edi Saputra Hasibuan Laksanto Utomo Lina Sinaulan M.S. Tumanggor Mustarani Nur Afiyah Rahmat Saputra