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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i International Journal of Social Service and Research Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Indonesian Journal of Multidisciplinary Science Journal Evidence Of Law PENA LAW: International Journal of Law Jurnal Indonesia Sosial Sains Sinergi International Journal of Law Advances In Social Humanities Research AKSIOMA : Jurnal Sains Ekonomi dan Edukasi Asian Journal of Social and Humanities
Suganda, Atma
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DATA PRIVACY AND CONSTITUTIONAL RIGHTS IN INDONESIA: DATA PRIVACY AND CONSTITUTIONAL RIGHTS IN INDONESIA Widodo, Junaidi Eko; Suganda, Atma; Tubagus Achmad Darodjat
PENA LAW: International Journal of Law Vol. 2 No. 2 (2024): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i2.187

Abstract

This article explores the connection between data privacy and constitutional rights in Indonesia, particularly within the framework of a democratic rule of law. The 1945 Constitution of Indonesia guarantees citizens' fundamental rights, including security and privacy. However, the rapid advancement of information technology has introduced new challenges for personal data protection. Currently, Indonesia's regulations, such as the Electronic Information and Transaction Law (ITE Law), lack comprehensive measures to safeguard data privacy rights, as they are sectoral and fragmented. This article highlights the necessity of enacting the Personal Data Protection Bill (RUU PDP) as a crucial step in strengthening the legal framework for data privacy protection in Indonesia. Additionally, it compares international regulations like the General Data Protection Regulation (GDPR) in the European Union, as well as data protection laws in neighboring countries like Singapore and Malaysia. The article underscores that prioritizing the protection of personal data privacy rights is essential for safeguarding constitutional rights and individual dignity, as well as for fostering a secure and trustworthy digital ecosystem in Indonesia.
THE APPLICATION OF DEMOCRATIC PRINCIPLES IN INDONESIA'S ELECTORAL SYSTEM: THE APPLICATION OF DEMOCRATIC PRINCIPLES IN INDONESIA'S ELECTORAL SYSTEM Irawan, Taufik; Suganda, Atma; Rattanapun, Supot
PENA LAW: International Journal of Law Vol. 2 No. 3 (2025): JANUARY
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i3.200

Abstract

This research examines the application of democratic principles in the General Election system in Indonesia, focusing on aspects of popular sovereignty, equal suffrage, freedom of choice, and transparency and accountability. Based on a normative juridical approach, this research finds that although the Indonesian electoral system has adopted the principle of LUBER JURDIL and is regulated by various regulations that support democracy, its implementation still faces serious challenges. The practices of money politics, identity politics, and the spread of hoaxes still threaten the quality of elections and damage their integrity. This research provides recommendations that election supervision be strengthened, political education be expanded, and law enforcement against election violations be sharpened to improve the quality of democracy in Indonesia.
Legal Certainty of the Meaning of the Parties' Agreement on the Authorized Capital of a Limited Liability Company Wirawan, Helex; Yusuf Hasibuan, Fauzie; Suganda, Atma
Asian Journal of Social and Humanities Vol. 3 No. 1 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i1.415

Abstract

The impact of changing the amount of PT capital to an agreement between the parties has led to a lack of legal certainty for the involved parties. A significant legal conflict exists between Article 32 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies and Article 109 paragraph (1) of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation. The changes allow the amount of PT capital to be determined based on the agreement of the company's founders, leading to ambiguity in legal certainty. This research aims to examine and analyze the legal consequences of these regulations on the basic capital requirements for Limited Liability Companies in Indonesia, and to assess the legal certainty surrounding the agreement between parties regarding PT capital. The research employs a normative juridical method, utilizing statutory, comparative, and conceptual approaches. The analysis is grounded in the Theory of Legal Certainty (Grand Theory), Development Law Theory (Middle Range Theory), and the Theory of Good Corporate Governance (Applied Theory). The research found that changes in the regulation of basic capital, following the enactment of Law No. 6 of 2023, have contributed to legal uncertainty. This study aims to provide legal clarity on the consequences of these regulatory changes and their impact on corporate governance and legal compliance in Indonesia.
The Role of Corporate Accountability in Reducing State Revenue Losses Due to Tax Avoidance and Tax Evasion Suryaman, David Harmaen; Hasibuan, Fauzie Yusuf; Suganda, Atma
Advances In Social Humanities Research Vol. 3 No. 10 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i10.486

Abstract

Corporate tax avoidance and evasion significantly undermine state revenue. In Indonesia, although corporations are legally recognized as criminal subjects, enforcement remains weak, as liability is often imposed on individual executives rather than on the corporation itself. This study aims to analyze forms of corporate accountability in cases of tax avoidance and evasion and to assess the effectiveness of its application in reducing state revenue losses. This study employs a juridical-normative approach combined with comparative and empirical analysis. National and international legal sources, academic literature, judicial decisions, and data from the Directorate General of Taxes are examined to assess the effectiveness of corporate liability in reducing the tax gap. Findings reveal that weak enforcement encourages corporations to treat tax non-compliance as a rational cost-benefit decision. In contrast, experiences in the UK and Australia show that robust liability regimes, including Deferred Prosecution Agreements and reputational sanctions, significantly improve corporate tax compliance. The study contributes academically by strengthening the discourse on corporate criminal liability in taxation, and practically by offering policy recommendations to enhance Indonesia’s fiscal regime through proportional sanctions, reputational mechanisms, and stronger inter-agency coordination.
Legal Certainty in Investor Liability for Environmental Rehabilitation: The Role of Environmental Cost Allocation in the Coal Mining Sector Galenso, Vidi; Suganda, Atma; Achmad Darodjat, Tubagus
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1445

Abstract

The coal mining sector contributes significantly to the Indonesian economy, but also leaves serious environmental impacts. This research aims to examine the legal certainty of investor responsibility in environmental restoration through an environmental costing mechanism. The research method used is normative juridical with statutory and conceptual approaches. The results show that there are discrepancies between legal norms and their implementation in the field. Investor responsibility is often not carried out substantially, and there is no binding long-term accountability system after the expiry of the mining licence. This research provides novelty by proposing regulatory reconstruction based on the principles of strict liability, environmental justice, and digital-based transparency. In conclusion, it is necessary to strengthen the environmental law system that is more substantial and oriented towards ecological sustainability and intergenerational justice.
Citizenship, Statelessness, and the Constitution: A Critical Study of Legal Reform and International Obligations Taufiqurrahman, Taufiqurrahman; Suganda, Atma; Ariyamang, Watcharee
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1595

Abstract

The phenomenon of statelessness is a serious challenge for national and international legal systems, especially when a country's constitution is unable to guarantee effective protection of the right to nationality. This article aims to explore the tension between constitutional sovereignty and international obligations in addressing statelessness, as well as analyze how domestic legal frameworks can be reformulated to be more inclusive. Using a normative legal method and a comparative approach, this study examines three jurisdictions—Indonesia, Myanmar, and Latvia—and identifies three patterns of state failure: legitimized legal exclusion, transitional ambiguity, and administrative neglect. The findings suggest that constitutions should be positioned as dynamic legal instruments capable of internalizing international human rights principles, rather than mere expressions of state sovereignty. Through a transformative constitutionalism approach, this article emphasizes the importance of citizenship law reform involving the establishment of independent adjudicative mechanisms and the harmonization of legislation with international conventions. The main contribution of this research is the development of a typological model of state failure and the formulation of a multilevel reform agenda as a foundation for the formulation of more just and accountable legal policies for stateless individuals.
Reconstructing Legal Responsibility for Digital Signatures: A Socio-Semiotic Perspective in Indonesian Cyber Law Kadriah, Ayyub; Hasibuan, Faizie Yusuf; Suganda, Atma
Sinergi International Journal of Law Vol. 3 No. 4 (2025): November 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i4.813

Abstract

Digital signatures play a vital role in facilitating electronic legal transactions. Despite being regulated by various Indonesian laws, their effective implementation remains limited due to gaps in legal culture, institutional readiness, and technical validation. This study addresses two core questions: (1) How is the legal basis for digital signature protection situated within Indonesia’s digital legal culture? and (2) How can a fair legal accountability model be developed? The study offers a novel interdisciplinary perspective by combining legal protection theory, social change theory, legal responsibility theory, and legal semiotics. It frames digital signatures as legal symbols whose meaning has yet to be fully internalized by legal institutions and society. Using a normative-critical and qualitative approach, the study gathers insights from legal practitioners, regulators, academics, and digital signature users through semi-structured interviews. The data are thematically analyzed to identify institutional gaps and social perceptions. Findings indicate that digital signature protection in Indonesia remains overly formalistic. In judicial practice, they are not consistently accepted as legitimate legal evidence. Moreover, there is no strong accountability framework for misuse or digital identity fraud. The study concludes that digital signature protection must go beyond statutory recognition. It requires building legal meaning within society through increased public awareness, technological integration, and institutional reform. The state must develop an inclusive, adaptive framework that unites law, technology, and legal culture to ensure justice and trust in digital legal interactions.
Judicial Exile and International Judicial Reform: Rethinking the Independence of the Judiciary in a Global Context: Judicial Exile and International Judicial Reform: Rethinking the Independence of the Judiciary in a Global Context Muzakki, Fauzan; Suganda, Atma; Akkapin, Supaphorn
PENA LAW: International Journal of Law Vol. 3 No. 2 (2025): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i2.245

Abstract

Judicial independence is widely recognized as a cornerstone of justice, yet its realization in the international sphere faces increasing challenges from political pressures and global power asymmetries. This study introduces the concept of judicial alienation to capture the growing disconnection between the normative ideals of international courts and their perceived legitimacy. Using a qualitative design with a normative legal and comparative approach, the research examines primary legal instruments, including the Rome Statute, the UN Charter, and selected judgments of the International Criminal Court (ICC), the International Court of Justice (ICJ), and the World Trade Organization Dispute Settlement Body (WTO DSB), complemented by secondary academic sources. Findings indicate three interrelated patterns: uneven jurisdiction, particularly the ICC’s disproportionate focus on African cases; legitimacy crises, reflected in recurring resistance to ICJ jurisdiction; and the limited scope of reforms, which tend to be procedural rather than structural. Comparative analysis further reveals that while the WTO DSB benefits from broader acceptance through its consensus-based mechanism, the ICC and ICJ remain vulnerable to contestation due to their direct engagement with state sovereignty. The discussion argues that judicial independence should be reconceptualized not only as a normative principle but also as a socio-political practice embedded in global governance. The study contributes theoretically by advancing an interdisciplinary framework and practically by offering reform-oriented recommendations for more inclusive, transparent, and sustainable international judicial institutions.
Implikasi Dan Implementasi Putusan Mahkamah Konstitusi Nomor 91/Puu-Xviii/2020 Terhadap Proses Pembentukan Peraturan Perundang-Undangan Di Indonesia Saputro, Julianto Dimas; Sinaulan, Ramlani Lina; Suganda, Atma
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 9 No. 6 (2022)
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v9i6.28924

Abstract

Legal certainty is the foundation of a rule of law to clarify legal laws. Despite public debate about Omnibus laws, the Indonesian House of Representatives plenary session adopted the Draft Law on Job Creation in less than a year. The analysis uses descriptive and qualitative methodologies. Descriptive writing analyzes facts by precisely detailing events related to this legislation. This thesis examines the consequences and execution of the Constitutional Court Judgment Number 91/PUU-XVIII/2020 on the Process of Establishing Legislation in Indonesia, so it applies legal theory and concepts to the Court's decision. Constitution. Dogmatic or doctrinal research follows normative legal research. The Court decided that the Job Creation Law violated the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) and had no legal authority if "no modifications were made within two (two) years after the judgment was announced". Thus, the Job Creation Law applies until the status quo law is changed. If there is no improvement by the deadline, the Job Creation Law will be ruled unconstitutional permanently and all UUCK-altered or repealed laws would be reinstalled.Keywords: Constitutional Court Decision; Legal certainty; Job Creation Act AbstrakTerlepas dari segala Pro dan kontra masyarakat terhadap konsep Omnibus law, tidak butuh waktu lebih dari satu tahun Rancangan Undang-Undang Cipta Kerja disahkan dalam sidang paripurna DPR RI. Metode yang digunakan untuk menganalisis adalah metode deskriptif sekaligus kualitatif. Permasalahan yang akan diteliti pada penelitian ini adalah terkait Implikasi dan Implementasi Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 Terhadap Proses Pembentukan Peraturan Perundang-Undangan Di Indonesia sehingga penelitian dan penulisan tesis ini mengaitkan teori hukum dan konsep hukum terkait implikasi dan implementasi putusan Mahkamah Konstitusi. Mahkamah menyatakan bahwa UU Cipta Kerja bertentangan dengan UUD NRI 1945 dan tidak mempunyai kekuatan hukum mengikat sepanjang dimaknai “tidak dilakukan perbaikan dalam waktu 2 (dua) tahun sejak putusan diucapkan. Dalam kata lain, UU Cipta Kerja masih tetap berlaku sampai dengan tenggat waktu perbaikan UU a quo yang telah ditentukan. Apabila hingga tenggat waktu yang diberikan tidak dilakukan perbaikan, maka UU Cipta Kerja dinyatakan inkonstitusional secara permanen dan seluruh Undang-Undang yang diubah dan dicabut oleh UUCK dinyatakan berlaku kembali.Kata Kunci: Putusan Mahkamah Konstitusi; Kepastian Hukum; UU Cipta Kerja
Normative ideas legal protection to witness and victim in criminal case Suganda, Atma; Kristiawanto, Kristiawanto; Dewi, Ratna
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 11 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i11.945

Abstract

Legal protection of witnesses and victims in criminal cases is an important aspect of the Indonesian criminal justice system. This is due to the crucial role of witnesses and victims in assisting law enforcement and achieving justice for victims. However, legal protection for witnesses and victims in Indonesia still has weaknesses, with many cases remaining undisclosed due to a lack of adequate evidence. This study aims to analyze normative ideas regarding legal protection for witnesses and victims in criminal cases. The research method used is the normative juridical method. The data collection technique in this study involves a literature study. The data analysis used in normative law research is qualitative analysis. The results of the study show that normative ideas are needed to strengthen legal protection for witnesses and victims in criminal cases. These ideas include strengthening the legal foundation through expanding the scope of protection, strengthening protection institutions, increasing public awareness, reforming the criminal justice system that focuses on developing a victim-centered justice system, and the use of technology in legal protection for witnesses and victims. Through the strengthening of legal protection, it is hoped that witnesses can give important testimony without fear, which ultimately supports the creation of a fair legal system and provides effective legal protection for all Indonesian citizens.
Co-Authors Achmad Darodjat, Tubagus Akkapin, Supaphorn Appe, Appe Arief Pratomo, Mochamad Ariyamang, Watcharee Galenso, Vidi Hasibuan, Faizie Yusuf Hasibuan, Fauzie Yusuf Irawan, Taufik Ismail Ismail Kadriah, Ayyub Kristiawanto, Kristiawanto Mastorat Mastorat Mau, Hedwig A Muzakki, Fauzan Petra Ginting, Brianta Ratna Dewi Rattanapun, Supot Saputro, Julianto Dimas Shodiq, Md. Sinaulan, Ramlani Lina Soesatyo, Bambang Suasungnern, Sineerat Suriyanti, Lili Suryaman, David Harmaen Taufiqurrahman Taufiqurrahman Tubagus Achmad Darodjat Widodo, Junaidi Eko Wirawan, Helex Yusuf Hasibuan, Fauzie