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p-Index From 2021 - 2026
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All Journal Indonesian Journal of Law and Justice Journal of Law and Humanity Studies
Simanjuntak, Jimmy
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Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Limitations and Scope of the Government's Role in Law Number 1 of 2024 concerning Electronic Information and Transactions Simanjuntak, Jimmy
Journal of Law and Humanity Studies Vol. 2 No. 2 (2025): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/3k5fqk05

Abstract

The government has an important role in maintaining digital space. This certainly cannot be denied by anyone regarding the role of the government in supervising the actions of the community. However, the community must also be active in supervising the role of the government in digital media. This action is part of the participation of the community and government in managing digital space based on applicable national laws. The government in carrying out supervision is prohibited from limiting the space for community freedom in digital space. The government's authority in digital space must be supervised as it should be, so that threats to public order are maintained. Telematics law in Indonesia with its development continues to increase government authority in digital space so that through this, the community must create boundaries regarding government efforts in enforcing the law and government actions that exceed the limits of its authority in digital space.
Juridical Analysis of Banking Authority In Blocking Accounts Indicated For Online Gambling: The Conflict Between The Prudential Principle and Customer Protection Simanjuntak, Jimmy
Indonesian Journal of Law and Justice Vol. 3 No. 3 (2026): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v3i3.5517

Abstract

This research examines the juridical clash between the mandatory authority of banks to block suspicious accounts and the constitutional rights of customers to legal certainty and property protection. Utilizing a normative legal research method with statutory and conceptual approaches, this study analyzes the implementation of Law Number 8 of 2010 and POJK Number 8 of 2023. The findings reveal that heavy reliance on automated Artificial Intelligence (AI) monitoring systems creates a significant risk of "false positive" identifications, which often lack transparent verification mechanisms. Although banks possess the legal basis for account blocking as an ex-officio obligation, the current "block first, verify later" procedure frequently ignores the prudential guarantees of the Banking Law and consumer protection principles. This research concludes that a reconstruction of internal banking regulations is essential to integrate a "Right to be Heard" mechanism, ensuring that preventive measures comply with the due process of law. Implementing standardized, transparent procedures and human oversight is crucial to balancing financial system stability with the protection of well-intentioned customers.
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