Garuda - Garba Rujukan Digital

Transparency and Consent for the Use of Data Analytics in Indonesia Disemadi, Hari Sutra; Hutauruk, Rufinus Hotmaulana; Silviani, Ninne Zahara; Tan, David
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol 18, No 1 (2024): ADLIYA: JURNAL HUKUM DAN KEMANUSIAAN
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v18i1.43758

Abstract The digital economy era has driven the use of technology that relies on data utilization to support various economic activities, such as the use of data analytics. The use of data analytics to provide more relevant features and ads to users of various online platforms has legal implications that must be supported by a legal framework for personal data protection in Indonesia. This study is done to analyze the gap in the development of legal framework in Indonesia in regards to the use of data analytics. Using normative legal research, this study explains the legal implications and outlines the legal issues related to the use of data analytics and the risks faced by online platform users as data owners. The analysis using the statutory approach in this research found that there are several legal issues and normative limitations that make it difficult to implement the concept of transparency and consent in efforts to protect personal data of online platform users, which is the main target of the use of data analytics. The findings of this study also indicate that the use of more complex technical terms is not found in regulations governing the protection of personal data, and hinders further normative exploration related to the use of data analytics that distinguish the types of data used into more complex terms and classifications.

Criminal Law and Civil Law Accountability for the Spread of Fake News in the Digital Era Julvina, Julvina; Hutauruk, Rufinus Hotmaulana; Sudirman, Lu
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2352

Introduction: Freedom of expression in the digital era without any restrictions indirectly triggers the spread of fake news. The freedom to spread news or broadcasts often transcends legal, cultural and religious boundaries. Therefore, fake news is used as a tool to attack honor and bring down the good name of a person or group.Purposes of the Research: This research aims to analyze criminal and civil law regulations related to the spread of fake news in the digital era in Indonesia.Methods of the Research: Through normative legal research methods, this study examines various relevant regulations, including the Criminal Code, Civil Code, and Electronic Information and Transaction Law.Results Main Findings of the Research: The results of the study show that both criminal and civil laws already have mechanisms to overcome the spread of fake news. In the criminal realm, sanctions are given to perpetrators who spread fake news with a wide impact, such as inciting riots or violating human rights. Related articles in the Criminal Code and the Electronic Information and Transaction Law, such as Article 160 of the Criminal Code and Article 28 paragraph (3) jo. Article 45A paragraph (3) of the Electronic Information and Transaction Law, provides a strong legal basis. Meanwhile, civil law allows aggrieved individuals to claim compensation through the concept of unlawful acts in the Civil Code. A comparison between criminal and civil law shows that these two systems are complementary: criminal law focuses on providing a deterrent effect and protecting the public interest, while civil law places more emphasis on the recovery of individual losses. While existing regulations are adequate to deal with the spread of fake news, increased legal awareness in the community, stronger law enforcement, and more effective prevention mechanisms are needed to deal with the challenges in this digital age.

The Ethical Challenges in Copyright AI Creativity: Tantangan Etis dalam Kreativitas AI Hak Cipta Putri, Tasya Raehan Annisa; Disemadi, Hari Sutra; Hutauruk, Rufinus Hotmaulana
Jurnal Media Hukum Vol. 13 No. 1 (2025): Jurnal Media Hukum (JMH)
Publisher : Fakultas Hukum Universitas Tompotika Luwuk Banggai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59414/jmh.v13i1.756

In this era of rapid technological advancement, marked by the emergence of Artificial Intelligence (AI), the legal status surrounding AI-generated works sparks considerable debate. The question arises: do these creations warrant legal protection? This study employs a normative legal research method, drawing upon statutory regulations. Findings indicate that AI cannot be deemed a legal subject with rights and obligations, as it is a product of human-made technology. Consequently, AI-generated works do not meet the criteria for copyright protection, namely fixation, originality, and minimal creativity. Indonesia addresses copyright protection under Law Number 28 of 2014, stipulating that AI-generated works can be protected through registration, provided they meet standards of originality and human creative contribution. This essentially renders AI creations ineligible for legal protection, as they originate from machine intervention. However, legal protection for AI can be circumvented by directing it towards the owner and creator of the AI itself, rather than its resultant works.

Transparency and Consent for the Use of Data Analytics in Indonesia Disemadi, Hari Sutra; Hutauruk, Rufinus Hotmaulana; Silviani, Ninne Zahara; Tan, David
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 18 No. 1 (2024): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v18i1.43758

Abstract The digital economy era has driven the use of technology that relies on data utilization to support various economic activities, such as the use of data analytics. The use of data analytics to provide more relevant features and ads to users of various online platforms has legal implications that must be supported by a legal framework for personal data protection in Indonesia. This study is done to analyze the gap in the development of legal framework in Indonesia in regards to the use of data analytics. Using normative legal research, this study explains the legal implications and outlines the legal issues related to the use of data analytics and the risks faced by online platform users as data owners. The analysis using the statutory approach in this research found that there are several legal issues and normative limitations that make it difficult to implement the concept of transparency and consent in efforts to protect personal data of online platform users, which is the main target of the use of data analytics. The findings of this study also indicate that the use of more complex technical terms is not found in regulations governing the protection of personal data, and hinders further normative exploration related to the use of data analytics that distinguish the types of data used into more complex terms and classifications.

School Transfer to Support Reintegration of Juveniles Involved in Inappropriate Photo-Sharing Situmeang, Ampuan; Hutauruk, Rufinus Hotmaulana; Alhakim, Abdurrakhman; Febriyani, Emiliya
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25550

One the negative usages of digital technology is the sharing of inappropriate photo to someone online. However, as social media users are often the target of doxing, young persons who commit this offense can also be considered victims, leaving them vulnerable to bullying, especially in their own environment, such as school. Using normative legal research method and statutory approach, this research analyzes the potentials of school transfer as a post-criminal proceedings method for juveniles who commit sexual offense in the form of inappropriate photo-sharing, to first get them to an environment safe enough for them to be educated on their mistakes in another school, which is important for their growth. This study identifies normative gaps within the Juvenile Justice, Pornography, and Education Laws that hinder the reintegration of juveniles involved in online sexual offenses, proposing school transfer as a mitigative strategy against bullying and harassment. It emphasizes the need for further research to address implementation challenges, underscoring the importance of a holistic restorative justice approach.

Analysis of Judicial Considerations in the Case of Fake News Dissemination and Its Impact on Public Order Hutauruk, Rufinus Hotmaulana; Sudirman, Lu; Julvina, Julvina
Nomos : Jurnal Penelitian Ilmu Hukum Vol. 5 No. 1 (2025): Volume 5 Nomor 1 Tahun 2025
Publisher : Actual Insight

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56393/nomos.v5i1.2974

This research addresses the legal issues surrounding the dissemination of false news, particularly in the case of Decision Number 686/Pid.Sus/2021/PN JKT, which involves the spread of fabricated content on social media. The purpose of this study is to analyze judicial considerations in the legal handling of fake news and its implications on public order. The research employs a normative legal method, using secondary data from the court's decision and analyzing it through document analysis with a case-based and conceptual approach. The results highlight the court's focus on the intentionality of the defendants, their awareness of the false nature of the content, and the potential risks of public unrest. The study concludes that while media freedom is constitutionally protected, it must be exercised responsibly, especially in the digital age, to prevent harm to public order and societal harmony. This case underscores the need for greater media accountability and the balance between freedom of expression and public safety.

Rekonstruksi Hukum Perlindungan Lingkungan dan HAM dalam Konteks Climate Resilience Hutauruk, Rufinus Hotmaulana; Febriyani, Emiliya; Nurlaily, Nurlaily; Anwar, N.A.D. Pramesti; Fitri, Winda
Jurnal Pembangunan Hukum Indonesia Volume 7, Nomor 2, Tahun 2025
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i2.1-19

The increasing frequency and intensity of climate change impacts, coupled with alarming risks of natural disasters, have spurred a global urgency to strengthen climate resilience. This research critically examines the readiness of Indonesia's legal landscape to support initiatives for enhancing climate resilience and the protection of human rights (HAM) in the context of environmental issues, considering Indonesia's vulnerable geographical position. Employing normative legal research methods, this study reveals that the regulatory framework for environmental management and protection in Indonesia has not fully provided the necessary legal certainty for climate change adaptation and mitigation efforts, nor has it optimally integrated human rights principles in addressing climate threats. As a solution, this research proposes a legal reconstruction model aimed at overcoming these shortcomings by establishing more robust legal certainty for enhancing climate resilience, while simultaneously placing human rights protection as a fundamental pillar in all related policies and actions. The implementation of this legal model necessitates public policy updates through the revision or enactment of more comprehensive and human rights-oriented legislation.

Legalization of Public Documents Through Apostille: A Legal Reform in Public Services Tan, Winsherly; Patros, Asmin; Hutauruk, Rufinus Hotmaulana
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 3 (2023): November Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.385-398

Indonesia is a country that has the objective of ensuring the welfare of its citizens. One effective way to achieve prosperity for its citizens is by implementing excellent public services, especially when it comes to the fulfillment of rights concerning the legalization of public documents. Therefore, this study is aimed to analyze the application of the Apostille convention in the legalization of public documents, and to investigate the changes in the law of public services related to the legalization of documents after the Apostille enactment. This legal study is categorized as a type of doctrinal analysis. Specifically, it is descriptive and analytical. Juridical and theoretical foundations were used for data analysis and the theoretical basis employed was the Theory of Legal Reform. The finding is consistent with the principles of the Legal Reform Theory. Legalization of public documents has undergone legal reform because legalization of public documents can be done online and in a short time. This shows that law, as a means of reform, has been realized because it has met the needs of society for the public. Despite the enhancement of public services, several aspects require careful consideration and improvement. This includes establishing effective cooperation with the Regional Office of Law and Human Rights, which acted as a liaison for Apostille services at the regional level. Additionally, the Regional Office of Law and Human Rights assume a pivotal role in overseeing the printing of certificates to ensure accessibility for the public.

REALIGNING INDONESIAN WASTE-TO-ENERGY POLICIES WITH SDG 11: ANALYSIS OF LEGAL COMPLIANCE AND ITS IMPLICATIONS Sudirman, Lu; Hutauruk, Rufinus Hotmaulana; Alhakim, Abdurrakhman; Tan, Winsherly
Jurnal Pembaharuan Hukum Vol 11, No 2 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i2.36832

To date, Indonesia is still grappling with waste management issues, which is a significant obstacle to realizing Sustainable Development Goals (SDG) 11. One of the ways to deal with this issue is through the development of the waste-to-energy (WtE) system, which can be utilized to transform waste into precious energy resources. However, this system must also be supported with robust legal compliance to ensure that its development is not solely focused on generating profits through energy production but also meets its noble purpose of improving sustainability as conceptualized within SDG 11. This study utilizes the normative legal research method, along with a statutory approach. Analysis of this study finds that the current Indonesian legal framework is insufficient in providing a robust mechanism of compliance to ensure that the waste-to-energy system can contribute to the broader waste-management issues and their ramifications, specifically due to the lack of recognition of the unique intricacies of the development of WtE systems, along with the lack of normative implementation of SDG 11. The paper proposes a model of normative construction to cover these issues as a way of ensuring growth and environmental sustainability in Indonesia, particularly regarding waste management.

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