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Constitutional Implications of KPK Leadership Term Changes: Analysis of MK Decision No. 112/PUU-XX/2022 and Ruling Inconsistencies Prabowo, Romi Galih; Tinambunan, Wahyu Donri
Jurnal Hukum Volkgeist Vol. 8 No. 1 (2023): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v8i1.4652

Abstract

Constitutional Court Decision No. 112/PUU-XX/2022, issued on May 25, 2023, underwent an amendment involving an analysis of Article 29 letter e and Article 34 in Law No. 19 of 2019 concerning the Corruption Eradication Commission (UU KPK) in conjunction with Law No. 30 of 2002. This decision is deemed inconsistent with constitutional principles and has the potential to impact anti-corruption efforts in Indonesia. The amendment provides a comprehensive analysis of the effects of the change in the term of office of the KPK leadership on the stability and performance of the institution, as well as its implications for anti-corruption efforts in Indonesia. The research methodology employed is normative juridical legal research with qualitative analysis of the Constitutional Court Decision and relevant legislation. This study aims to delve into the impact of the change in the term of office of the Chairman of the Corruption Eradication Commission (KPK) through Constitutional Court Decision No. 112/PUU-XX/2022. The research findings indicate significant changes in Article 29 letter e and Article 34 of Law No. 19 of 2019 concerning the Corruption Eradication Commission (KPK). Inconsistencies are observed in the application of the open legal policy concept by the Constitutional Court, particularly regarding the assessment of numerical values in previous rulings. Additionally, the study highlights errors in applying the non-retroactive principle concerning the changes in the term of office for KPK leaders, leading to controversy over the retroactive aspect of legal amendments.
Problematika Perundingan Perjanjian Kerja Bersama Antara Pengusaha dengan Serikat Pekerja dalam Rangka Mewujudkan Kepastian Hukum (Ditinjau dari Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja) Suryanto, Tri; Santoso, Imam Budi; Tinambunan, Wahyu Donri
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1647

Abstract

The implementation of Law Number 6 of 2023, which pertains to Job Creation, has ushered in notable transformations within the employment landscape. The negotiation process for Collective Labor Agreements frequently embodies a complex interplay and conflict of interests between employers and labor unions. Following the implementation of the Job Creation Law, there has been a noticeable widening of disparities in the negotiation content for Collective Labor Agreements. Numerous instances have been observed where negotiations falter and fail to culminate in an agreement before the expiration of the deadline. This study is conducted using a normative juridical approach, focusing on legal analysis through the examination of library resources or secondary data. This study employs an analytical descriptive approach, aimed at offering a detailed examination of the subject matter through the analysis of collected data or samples. This method is particularly applied to explore the dynamics of Collective Labor Agreement negotiations involving employers and trade unions. The investigation took place at PT Astra Nippon Gasket Indonesia, located in Karawang Regency. What influences collective labor agreement negotiations to be hampered are internal factors (differences in interests, wages, termination of employment, inequality and discrimination, changes in policies or working conditions, and trade union membership) and external factors (company intervention, workload, laws and regulations). Consequences if the Collective Work Agreement negotiations are not completed by the agreed time limit and it turns out that no agreement (deadlock) has been reached regarding the substance of the new PKB (next period), then based on Article 123 paragraph (4) UUK by law the PKB currently in force remains in effect for a period of time. a maximum of 1 (one) year. PKB is not just an agreement (in the company), but in time it will become a norm and customary law in a certain scope (contractualist model). In this case, statutory regulations provide legitimacy (binding legal force) for a PKB to remain valid as a custom within the specified period.
Cyber law analysis of E-KTP data leakage: A case approach of 102 million KTP data allegedly leaked from the Ministry of Social Affairs to a hacker forum Sahatatua, Richart; Gusmaria, Yenrizka; Astawa, I Ketut; Suherman, Ade Maman; Setiady, Try; Tinambunan, Wahyu Donri
Journal of Multidisciplinary Academic and Practice Studies Vol. 2 No. 3 (2024): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jomaps.v2i3.2219

Abstract

Purpose: This study investigates the legal implications and cybersecurity vulnerabilities surrounding the leak of 102 million electronic identity (E-KTP) records allegedly originating from the Indonesian Ministry of Social Affairs. It highlights the urgency of improving data protection mechanisms in the era of digital governance. Research methodology: The research adopts a qualitative document analysis method, collecting and examining data from laws, government regulations, academic literature, credible news sources, and case studies related to cybercrime and information security. An interdisciplinary approach is applied, integrating perspectives from law, information technology, and cybersecurity. Results: The study reveals that the current regulatory framework is insufficient to fully address the growing risks of data breaches in public digital infrastructures. It identifies critical gaps in cybersecurity readiness, institutional accountability, and legal enforcement related to personal data protection. Conclusions: Strengthening personal data protection in Indonesia requires a combination of stricter regulatory enforcement, increased public awareness, technological investment, and cross-sector collaboration. The legal system must adapt more proactively to emerging digital threats. Limitations: This research is limited to secondary data sources and does not include interviews or empirical fieldwork, which may restrict the depth of analysis on institutional practices. Contribution: This paper contributes to the development of cyber law discourse in Indonesia by offering legal and policy recommendations aimed at enhancing data privacy, institutional responsibility, and public trust in digital identity systems.