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JUDICIAL DEFIANCE UNMASKED: SEMA 3/2023 vs MK 34/2013 Fransiscus Nanga Roka; Yovita Arie Mangesti; Erny Herlin Setyorini
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 10 No. 4 (2025): November
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

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This research aims to explore whether SEMA NO. 3/2023 indeed functions as a legal constitutional dialogue or an administrative constitutional defiance against binding MK Decision NO. 34/2013. The research problem is twofold, drawn doctrinal: is the reintroduction of PK limitation through SEMA an administrable implementation doctrinally applicable, or it reverses the similar administrative reversibility of constitutional content determined by the Court? Conceptual disambiguation is performed based on a normative juridical method, combined with a doctrinal comparative method. Systematic document study with constitutional text extraction and hierarchical norm-testing are instrumentalized in determining whether the problem is interpretive disagreement or bureaucratic contravention. The results of the research paper found that SEMA3/2023 does not operate as hermeneutic interpretation but as operational bureaucratic command in MK jurisprudence bypassance, and consequently produces constitutional consequence without constitutional adjudication. The key-findings of the research procure found that the normative effect of SEMA 3/2023 doctrinally functions as an administrative constitutional reversal since it reopens the legal path that the Constitution Court has already closed. Comparative analysis with Germany, Italy, and Singapore indicates that civil-law jurisdictions in their design structurally bar administrative constitutional re-constitution of established constitutional meaning. The research thus concludes that SEMA 3/2023 is not a judicial dialogue but an administrative constitutional sabotage in the dual apex configuration formalism of Indonesia.

E-Sanction Policy In Online Learning In Universities Based On Cyber Education Service System Yana Indawati; Hervina Puspitosari; Yovita Arie Mangesti
International Journal of Educational Research & Social Sciences Vol. 2 No. 4 (2021): August 2021
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v2i4.124

The rapid globalization of technology, coupled with the pace of technological development, has become an online learning facility that makes it easier to meet face-to-face virtually in the current learning system. Online learning expects students to gain soft skills in the current digital era, especially supported by various Merdeka Campus programs. The E-Sanction policy is a product that is needed with the shift in education in today's digital era. Improvement of the education system based on cyber- service system services. This research is collaborative research between the lecturers of the Universitas Pembangunan Nasional “Veteran” Jawa Timur and the Universitas 17 Agustus 1945 as a higher education institution where researchers teach who have also responsively eliminated face-to-face teaching and learning on campus since the Covid 19 pandemic to suppress the growth of exposure to the Corona 19 virus that becomes a global problem. From the results of this study, it is possible to obtain an overview of the effectiveness of online learning and obtain an e-sanction policy model that can be applied to students so that lectures can run in an orderly manner. Every university has a code of ethics that applies to students and along with online learning conditions, it is necessary to set a code of ethics policy for students in participating in the online learning process. The need for e-sanction applicateions as a means of providing sanctions for violations of the student code of ethics.

Ethico-Legal Aspects Of Personal Data Protection In Indonesia Yovita Arie Mangesti; Slamet Suhartono; Ahmad Mahyani
International Journal of Educational Research & Social Sciences Vol. 2 No. 5 (2021): October 2021
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v2i5.160

Protection of personal data is a manifestation of the state's role in protecting human rights. The use of electronic data on the one hand provides convenience, especially in terms of accessibility of public services, but on the other hand electronic data leakage is a violation of ethics and law. This paper is a normative legal research that examines the ethical aspects of personal data protection in Indonesia with a statutory approach and a conceptual approach. There is an ethical and legal correlation that should be the legal ratio of personal data protection, so that in order to provide legal protection not only through the formation of laws but also the efforts of the information commission agency to educate the public that ethically the misuse of one's personal data for commodities is a non-legal act. ethical behavior that exploits and demeans human dignity, which must be accounted for. Protection of personal data is realized by making crimes against personal data a common offense, and providing public accessibility to obtain advocacy whenpersonal data is misused in order to achieve the value of justice and legal protection.

Ethico-Legal Aspects Of Personal Data Protection In Indonesia Yovita Arie Mangesti; Slamet Suhartono; Ahmad Mahyani
International Journal of Educational Research & Social Sciences Vol. 2 No. 5 (2021): October 2021
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v2i5.180

Protection of personal data is a manifestation of the state's role in protecting human rights. The use of electronic data on the one hand provides convenience, especially in terms of accessibility of public services, but on the other hand electronic data leakage is a violation of ethics and law. This paper is a normative legal research that examines the ethical aspects of personal data protection in Indonesia with a statutory approach and a conceptual approach. There is an ethical and legal correlation that should be the legal ratio of personal data protection, so that in order to provide legal protection not only through the formation of laws but also the efforts of the information commission agency to educate the public that ethically the misuse of one's personal data for commodities is a non-legal act. ethical behavior that exploits and demeans human dignity, which must be accounted for. Protection of personal data is realized by making crimes against personal data a common offense, and providing public accessibility to obtain advocacy whenpersonal data is misused in order to achieve the value of justice and legal protection.

Bridging the Epistemic Gap: Reconstructing the Regulation of Scientific Evidence in Indonesia’s Anti Corruption Judiciary Nanga Roka, Fransiscus; Yovita Arie Mangesti
DiH: Jurnal Ilmu Hukum Volume 22 Nomor 1 Februari 2026
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.vi.132640

This research concerns about the epistemic cleavage of legal doctrine and scientific methodology in Indonesia’s anti-corruption judiciary through discussing non-existence formal concept of scientific evidence. The study seeks to provide a re-construction of the concept of legal recognition with respect to scientific evidence as an independent category in Indonesian procedural law so that there could be certainity and justice. Applying a normative juridical approach with statutory, conceptual and comparative studies, this article examines existing regulations between KUHAP and anti-corruption law as well as compared to other legal systems which considered foreign models of the United States, the United Kingdom, Germany or others. The verdicts also expose a gap and a lack of uniformity in terms of the admissibility and assessment of forensic as well as digital evidence in cases related to corruption, creating confusion and eroding judicial authority. The originality of this study is to offer multidimensional reconstruction paradigm, combining with epistemic reliability, chain of custody standards, and judges′ gatekeeping responsibilities, enlightened by other jurisdictions but retains civil law tradition in Indonesia. The proposed forensic model focuses on method validation, ISO-oriented certification and judicial education to enhance evidence assessment. That reconstruction should be expected to improve the transparency of the judiciary, foster forensic accountability, and bring Indonesia in line with international best practices on corruption.

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