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All Journal JOELS: Journal of Election and Leadership Journal of Law, Poliitic and Humanities Eduvest - Journal of Universal Studies Advances In Social Humanities Research
Wibowo, Basuki Rekso
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Aerospace Engineering Humanities Computer Science & IT Engineering Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences

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Digitalization as a Concept for Prevention of Criminal Acts of Corruption in Indonesia Against Vulnerability in Innovation Implementation at the Regional Level Ismail, Audaraziq; Mutiara Nelson, Febby; Wibowo, Basuki Rekso; Riyanta, Stanislaus
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1104

Abstract

This investigation aims to explore digitalization as a tool to prevent corruption at the local government level in Indonesia. A normative legal approach was used in this investigation, which analyzed secondary data, such as laws, regulations, and academic studies. This study indicated that digitalization had the potential to reduce the vulnerability to corruption by increasing transparency, accountability, and integrity in local government governance. By integrating e-catalogs and local government information systems, the government can create a tighter oversight mechanism for procuring goods and services. Several limitations in implementation are still to be found, including differences in infrastructure and technological readiness in various regions, which hinder the effectiveness of implementing digital policies in preventing corruption. This study concludes that a comprehensive and consistent digitalization strategy across all regions is essential to strengthening law enforcement and reducing corruption in Indonesia.
Criminal Law and Freedom of Opinion in the Era of Digital Democracy (Case Study in Indonesia) Advitama, Dave; Wibowo, Basuki Rekso; Christiawan, Rio; Widjaja, Gunawan
Eduvest - Journal of Universal Studies Vol. 5 No. 5 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i5.51145

Abstract

Freedom of opinion in Indonesia, constitutionally guaranteed as a human right, faces challenges in the digital era due to the ambiguous enforcement of the ITE Law, which initially targeted cybercrimes but expanded to regulate online speech, risking democratic expression. This study analyzes the ITE Law’s evolution (2008–2024) to assess its impact on freedom of expression in digital democracy, focusing on legal shifts and enforcement practices. Using normative juridical research, the study examines secondary legal materials through qualitative analysis, including legislation, court decisions, and scholarly works. The 2024 revisions reduce penalties and limit complaints to directly affected individuals, aiming to curb repression. However, ambiguities persist in defamation provisions, and enforcement biases threaten free speech. The study underscores the need for clearer legal standards, digital literacy programs, and alternative dispute mechanisms to align the ITE Law with democratic principles. Future research should explore comparative models and the law’s societal impact post-revision.
Reconstruction of Business Competition Law Policy Against Well-Meaning Perpetrators in Cartel Cases: A Substantive Justice And Proportionality Approach Sutrisno, Sutrisno; Wibowo, Basuki Rekso; Hasibuan, Fauzie Yusuf
Advances In Social Humanities Research Vol. 3 No. 5 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i5.439

Abstract

Law enforcement against cartel practices in Indonesia continues to face challenges in upholding substantive justice. The prevailing per se illegal approach tends to treat all business actors involved in a cartel structure equally, without considering their intent, position, or degree of involvement. This results in disproportionate sanctions being imposed on business actors who lack malicious intent or who are merely performing administrative functions. This study aims to analyze the form of legal protection for good-faith business actors involved in cartel cases and to formulate the direction of a more just and proportional competition law policy. The research employs a normative juridical approach, using literature review, analysis of statutory regulations, decisions from the Indonesian Business Competition Supervisory Commission (KPPU), and comparative studies with other jurisdictions. The findings reveal the necessity of distinguishing between principal and passive actors, applying a tiered liability system, and providing legal defenses based on intent and actual contribution. This reconstruction is expected to enhance the legitimacy of competition law enforcement and foster a fair and balanced business climate.
Guaranteeing the Protection of Citizens' Voting Rights in accordance with the Constitution in the Pancasila State in the 2024 Presidential Election Dave Advitama; Wibowo, Basuki Rekso; Christiawan, Rio; Widjaja, Gunawan
JOELS: Journal of Election and Leadership Vol. 6 No. 1 (2025): JOELS: Journal of Election and Leadership
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/02pqaz60

Abstract

Elections as a process of changing national leadership are reflected in the 2024 presidential general election which will elect the president for the next five years. In the 2024 presidential election there will be guarantees and protection for human rights, including political rights, especially the right to vote and be elected through a process of political contestation. But in practice, there are many violations of politics, especially people's right to vote. This research aims to see to what extent the legal rules in the 2024 presidential election guarantee and protect citizens' voting rights in accordance with the constitution in the Pancasila country. This research method is literature study. The results of the research are that there are several legal regulations that protect citizens' voting rights, including Article 27 paragraph (1) of the 1945 Constitution, Article 28D paragraph (1) of the 1945 Constitution, Article 28I paragraph (2) of the 1945 Constitution, Constitutional Court Decision Number: 011-017/ PUU-I/2003, Constitutional Court Decision Number: 102/PUU-VII/2009, article 43 of Law Number 39 of 1999 concerning Human Rights (HAM) and Law Number 7 of 2017 concerning General Elections. The conclusion of the research is that existing legal regulations seek to guarantee and provide protection to citizens so that they can channel their voting rights properly as a form of channeling citizens' political rights and citizens' rights in providing strong legitimacy to the president and vice president of the Republic of Indonesia 2024-2024.
Co-Authors Advitama, Dave Christiawan, Rio Dave Advitama Gunawan Widjaja Hasibuan, Fauzie Yusuf Ismail, Audaraziq Mutiara Nelson, Febby Stanislaus Riyanta Sutrisno, Sutrisno