Laksanto Utomo
Universitas Bhayangkara Jakarta Raya, Jakarta, Indonesia

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The Urgency of Enacting The Valuer Law: Supporting Land Acquisition for National Strategic Projects Effendry Rais; Laksanto Utomo; Amalia Syauket; Adi Nur Rohman
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.v3i2.323

Abstract

Land acquisition for public purposes, particularly toll road development as part of National Strategic Projects (PSN), cannot be separated from the mandate of Article 33 paragraph (3) of the 1945 Constitution, which affirms state control over natural resources for the prosperity of the people. In this process, the valuer profession holds a strategic position since valuation results serve as the legal basis for determining compensation, ensuring the principle of justice for affected communities. However, the regulation of valuers in Indonesia remains partial and limited to ministerial regulations. In the legal hierarchy, this position is lower than a law, thus providing insufficient legal certainty, opening space for multiple interpretations, and weakening protection for both valuers and service users. This situation contrasts with other countries such as Malaysia, Thailand, Japan, and Australia, which have placed the valuer profession within a statutory framework. The absence of a dedicated Valuer Law in Indonesia results in weak enforcement of the code of ethics, limited legal protection, and potential interventions that undermine valuers’ independence. Therefore, the enactment of a Valuer Law is an urgent necessity. Its presence will strengthen professionalism, accountability, and transparency in valuation, thereby enhancing public trust and ensuring the success of land acquisition for PSN in line with good governance principles and constitutional mandates.
Hidden Exploitation in The Gig Economy: Reconstructing Fairness in Digital Affiliate Partnerships with E-Commerce Platforms Yuni Maharani Nur Fahmi; Laksanto Utomo; Endang Hadrian
Siber International Journal of Advanced Law (SIJAL) Vol. 4 No. 1 (2026): Siber International Journal of Advanced Law (July - September 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v4i1.416

Abstract

Affiliate marketing has become part of platform-based commerce, yet its contractual architecture may transfer disproportionate economic and procedural risks to affiliates. This article examines the legal position of Indonesian digital affiliates who promote products through e-commerce platforms under standard electronic partnership agreements. It asks whether valid adhesion clauses can remain binding when platforms reserve unilateral authority to modify commissions, alter algorithmic attribution, suspend accounts, or impose inaccessible dispute forums. Using normative-doctrinal legal research, the study analyses the Indonesian Civil Code, electronic-transactions regulation, consumer law, and electronic-commerce rules, supplemented by comparative scholarship on unfair terms, dependent contracting, algorithmic management, and online dispute resolution. The findings show that affiliates occupy a regulatory borderland: they are neither consumers nor readily classifiable employees, despite being economically dependent on platform-controlled infrastructure. Formal consent therefore cannot, by itself, establish substantive contractual legitimacy. The article proposes a functional category of platform-dependent affiliates and a proportionality-based fairness test examining transparency, legitimate purpose, necessity, risk allocation, and effective redress. It further recommends mandatory notice, auditable commission rules, reasoned decisions, human review, collective representation, and independent online dispute resolution. These measures would preserve commercial innovation while preventing contractual freedom from becoming an instrument of hidden exploitation in Indonesia’s digital economy.
Reconstructing Digital Sovereignty through State Resilience Legal Policy: Citizen Protection after the Cyberattack on Indonesia’s Temporary National Data Center Dian Priheryanti Havid; Laksanto Utomo; R. Lina Sinaulan
Siber International Journal of Advanced Law (SIJAL) Vol. 4 No. 2 (2026): Siber International Journal of Advanced Law (October - December 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v4i2.432

Abstract

The development of information technology and Artificial Intelligence (AI) has shifted the paradigm of state resilience away from protection oriented toward territorial areas and toward the protection of a borderless digital space. This shift presents new challenges for the state in protecting its citizens, as reflected in the cyberattack on Indonesia's Temporary National Data Center (PDNS) in 2024. Although Indonesia already has various regulations concerning information technology, cybersecurity, and personal data protection, national legal policy has not yet been fully able to build an integrated framework to respond to digital threats in the AI era. This research aims to analyze the legal policy of state resilience in protecting citizens through a case study of the cyberattack on PDNS, and to reconstruct legal policy based on Digital Sovereignty as a paradigm for strengthening state resilience. This research uses the normative legal research method with statutory, conceptual, and case approaches. The results show that the national legal framework remains sectoral in nature and has not been able to comprehensively integrate cybersecurity governance, data protection, and the use of AI. Therefore, this research offers a reconstruction of legal policy based on Digital Sovereignty, which places control over data, digital infrastructure, cybersecurity, and AI governance as a new foundation for strengthening state resilience while guaranteeing the protection of citizens' constitutional rights in the era of digital transformation. The proposed model integrates data sovereignty, infrastructure resilience, AI accountability, supply chain security, and digital human capacity through preventive, adaptive, rights based governance mechanisms for public institutions.