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All Journal Jurnal Pranata Hukum FIAT JUSTISIA: Jurnal Ilmu Hukum JURNAL PREAVIA JURNAL KONSTITUSI MONOGRAF Jambura Law Review Cepalo Jurnal Pengabdian Dharma Wacana Constitutionale
Yulia Neta .
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Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Education Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences

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Journal : Constitutionale

 1 
THE URGENCY OF INDEPENDENT SUPERVISORY AUTHORITY TOWARDS INDONESIA’S PERSONAL DATA PROTECTION Yulia Neta; Agsel Awanisa; Melisa Melisa
Constitutionale Vol. 3 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i1.2535

Abstract

In the Working Committee Meeting of the Draft Law on Personal Data Protection, there was a proposal to establish an Independent Supervisory Authority in the protection of personal data. With the existence of an independent supervisory authority, it is hoped that it will create impartial and optimal independence in its supervision and enforcement. The purpose of this study is to analyze the urgency of the Independent Supervisory Authority in the protection of personal data and the ideal concept of the Independent Supervisory Authority in the protection of personal data in Indonesia based on comparisons in other countries. This study uses a normative legal research method using a statutory approach, a conceptual approach, and a comparative approach. The results of this study indicate that the existence of an Independent Supervisory Authority in Indonesia in enforcing the protection of personal data is very important given the considerations of independence, adequacy, checks and balances, and socialization. Regarding the concept of establishing an Independent Supervisory Authority, there are two choices that can be made in Indonesia, namely by establishing it specifically as a separate institution, such as Hong Kong and South Korea, or embedding and adding to the authority of existing institutions such as in Singapore and the United States. With consideration of efficiency and effectiveness, in Indonesia this can be done by attaching an Independent Supervisory Authority with other related institutions such as the Information Commission with the obligation to change the existing institutional structure as an adjustment.
The Decision of The Constitutional Court on Verification of Political Parties Yusuf Mulya Kharismawan; Yulia Neta; Muhtadi Muhtadi
Constitutionale Vol. 4 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v4i1.2789

Abstract

Political parties are the political suprastructure in a democratic country as a means for citizens to occupy political positions through general elections. The requirements for verifying political parties participating in an election are always contained in every election law making it difficult for political parties to pass verification as well as excluding several political parties that have met certain verification requirements so that they are immediately declared as participants in the next elections. This exception is not in accordance with several Constitutional Court Decisions which have the same substance which consistently declares unconstitutional, except for the Constitutional Court Decision Number 55/PUU-XVIII/2020. The research method used is normative juridical regarding laws and regulations, namely Law Number 7 of 2017 concerning Elections, accompanied by comparative study of jurisprudence  Constitutional Court's decision regarding an application for judicial review of political party verification accompanied by literature studies. The research analysis uses a qualitative approach to understand more deeply the legal phenomena that occur and examines the substance to obtain specific conclusions on what is studied. That decision based on a discussion of this research is inconsistent because the arguments and materials of the 1945 Constitution used are different and the Constitutional Court is not required to use jurisprudence as a basis for consideration even though there are similarities in substance.
Co-Authors Agsel Awanisa Budiyono Budiyono Candra Perbawati Dian Kagungan Erna Sari, Erna Feni Rosalia Firmansyah, Ade Arif Malicia Evendia Melisa Melisa Muhtadi Muhtadi Yusuf Mulya Kharismawan