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All Journal Jurnal Dinamika Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Ilmiah Edunomika (JIE) International Journal of Business, Law, and Education The Es Economics and Entrepreneurship The Easta Journal Law and Human Rights West Science Law and Human Rights West Science Journal Economic and Entrepreneurship West Science Interdisciplinary Studies Rechtsnormen Journal of Law West Science Interdisciplinary Studies West Science Social and Humanities Studies Jurnal Hukum dan Keadilan Management Studies and Business Journal Accounting Studies and Tax Journal Economics Studies and Banking Journal Ipso Jure Nomico SASI Journal of Adat Recht Ipso Jure
Khuan, Hendri
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Humanities Chemistry Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Public Health Social Sciences Other

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Legal Construction in Indonesia's Right to Economic Self-Determination (RESD) of the Bilateral Investment Treaty (BIT) Rahman, Irsan; Khuan, Hendri; Riana, Ana; Sari, Patma; Hidaya, Wahab Aznul; Nurikah, Nurikah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4371

Abstract

The study employs descriptive-analytical methods to examine the relevant laws and enforcement practices. It views the RESD as an emerging norm through a constructivist lens, influencing both the host countries and the global normative framework. The research finds a growing momentum to revise BIT clauses to better reflect dynamic RESD principles and social responsibility. This involves moving away from focusing solely on unilateral power. The study proposes a new model for RESD, aimed at promoting good governance and fairness in administrative processes. This model will be vital for renegotiating or redesigning BIT provisions, particularly for countries like Indonesia. By explaining the acronyms and simplifying the sentences, the key points become clearer: the need for a balanced approach in BIT negotiations, the role of RESD in this balance, and the potential for revised treaty clauses to better align with principles of social justice and fairness.
The Perspective of Dignified Justice and Human Rights in Business Law Agreements: Towards Ethical and Fair Contracts Khuan, Hendri; Ishwara, Ade Sathya Sanathana; Paminto, Saptaning Ruju
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5637

Abstract

The application of the principles of dignified justice and Human Rights (HAM) in business contract law in Indonesia has a very important role in creating economic growth that brings prosperity to all parties. Dignified justice must be carried out by the parties to the agreement so that the objectives of the agreed agreement can be achieved properly. The increasingly complex business contracts often reveal an imbalance in the fulfillment of rights between the parties involved. This situation can result in violations of the principles of justice and human rights, especially for parties whose position is weaker in an agreement, resulting in quite a few business disputes resulting from business agreements that have been made. Therefore, business law has a very important role in safeguarding and protecting the interests of the parties in business agreements. This journal aims to explain the importance of the principle of dignified justice in creating balance between the parties to an agreement, explain the role of human rights as a basis for protecting the fundamental rights of the parties to an agreement, and to identify challenges in implementing the principles of dignified justice and human rights in improving the quality of business agreements in Indonesia
The Dispute Resolution Revolution: A Civil Law Analysis of Online Dispute Resolution (ODR) Mechanisms Khuan, Hendri; Fitrian, Achmad; Judijanto, Loso; Polontoh, Herry M
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rfr3fg70

Abstract

The development of information technology and digitalization has encouraged the emergence of Online Dispute Resolution (ODR) as an alternative dispute resolution that is more efficient and adaptive to the dynamics of electronic transactions. ODR, supported by Law No. 11/2008 on Electronic Information and Transactions (ITE Law) and its amendments, offers a faster and more affordable solution than traditional mechanisms such as litigation or arbitration. However, the implementation of ODR in Indonesia still faces significant challenges, including the lack of clear regulations regarding the recognition and execution of judgments, as well as the protection of personal data. The ITE Law provides a legal foundation for electronic transactions, but further adjustments are needed to ensure ODR can be legally recognized and accounted for, especially in the context of cross-border disputes. In addition, aspects of transparency, accountability, and data security must be prioritized in the implementation of ODR. This research uses a normative juridical method to analyze the application of ODR in the Indonesian civil law system, assess the suitability of existing regulations, and identify challenges and opportunities faced. Comprehensive regulatory harmonization is needed to ensure ODR can function effectively, fairly, and safely for all parties, and become an integral part of a more modern and relevant Indonesian legal system in the digital era.
Cybercrime and Law Enforcement Challenges in the Society 5.0 Era: A Modern Criminal Law Perspective Khuan, Hendri; Paminto, Saptaning Ruju; Salmon , Harly Clifford Jonas
Ipso Jure Vol. 2 No. 4 (2025): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6kj9p298

Abstract

Abstract The Society 5.0 era brings deep integration between the physical and digital worlds, supported by technologies such as artificial intelligence (AI), Internet of Things (IoT), and big data. Behind these innovations, a new threat emerges in the form of cybercrime that is increasingly complex, anonymous, cross-border, and difficult to track. Cybercrime in this context does not only target individuals, but also strategic infrastructure, with the potential to disrupt social and economic stability. Indonesia's criminal law system, especially through the ITE Law, has not been fully able to keep up with this dynamic. Many of the provisions are multi-interpreted and focus on cracking down on content, rather than strategic digital crimes such as hacking, cyberespionage, or ransomware attacks. The limitations of digital forensics, the lack of international cooperation, and the lack of optimal digital proof regulations aggravate law enforcement. The descriptive normative legal research method in this study shows the urgency of criminal law reform that is more adaptive, collaborative, and technology-based. A new approach is needed that prioritizes the principles of digital justice, good governance, and cyber ethics to answer the challenges of transnational cybercrime. Without these reforms, Indonesia risks experiencing a justice deficit and is increasingly lagging behind in the legal response to digital crime in the Society 5.0 era. Therefore, the renewal of the criminal law paradigm is a necessity to maintain national digital security and sovereignty.
The Urgency of Law Enforcement in the Case of Personal Data Leakage in Indonesia Khuan, Hendri; Diharjo, Nugroho Noto
Ipso Jure Vol. 2 No. 4 (2025): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/z5v9xv45

Abstract

This study discusses the weak law enforcement in the case of personal data leakage in Indonesia, even though normatively there has been recognition of data protection rights through Law No. 27 of 2022 concerning Personal Data Protection (PDP Law). The phenomenon of data leaks involving various sectors, including major cases such as BPJS Kesehatan, reflects the ineffectiveness of previous regulations and the suboptimal implementation of the PDP Law. The lack of a Personal Data Protection Authority (OPDP) has also exacerbated the disorder in handling data leaks which is often not transparent and unaccountable. This study uses a normative approach with doctrinal analysis of positive legal regulations and Islamic legal principles, especially related to the individual's right to privacy. The findings show that there is a serious gap between the law in the books and the law in action. The absence of a strong legal precedent, weak awareness of the authorities, and lack of coordination between institutions, cause violations of the right to privacy to often not be adequately acted upon. Therefore, systemic legal reforms, the establishment of independent supervisory bodies, and a progressive and evidence-based approach to law enforcement are needed, so that the protection of personal data truly functions as an instrument of social justice and human rights protection in the digital era.
Digital Platforms' Responsibility for the Security of Users' Personal Data: A Juridical Analysis Khuan, Hendri; Paminto, Saptaning Ruju; Fadhilah, Nurul
Ipso Jure Vol. 2 No. 4 (2025): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/y3z03058

Abstract

The rapid development of information technology has created a complex and widespread digital ecosystem, where digital platforms are becoming massive collectors of personal data. This phenomenon poses a risk of data leakage and misuse that threatens individual privacy. In Indonesia, even though Law No. 27 of 2022 concerning Personal Data Protection (PDP Law) has been passed, its implementation still faces significant challenges, especially related to infrastructure readiness, law enforcement, and public awareness. Existing regulations tend to be normative and have not been able to keep up with rapid technological innovation, so the responsibility of digital platforms in maintaining data security is still weak and formalistic. This study uses a normative juridical approach to examine the effectiveness of the PDP Law in regulating the legal responsibilities of digital platforms. The results of the analysis show the need to strengthen supervision mechanisms, firm law enforcement, and increase technical capacity and human resources. Lessons learned from international standards emphasize the importance of independent oversight bodies and the application of privacy by design principles. With the synergy of adaptive regulations, reliable technology, and collective awareness, personal data protection can be realized effectively to protect users' rights and security in the digital era.
The Existence of Smart Contracts in Electronic Agreements: A Civil Juridical Review Khuan, Hendri; Anam, Ach Dlofirul
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/2m5yv134

Abstract

The development of blockchain technology has given birth to smart contracts as a new instrument in electronic agreements that are executed automatically by computer programs based on agreed conditions. The autonomous, transparent, and irreversible characteristics of smart contracts present a challenge to the classical principles of Indonesian civil law, especially Article 1320 of the Civil Code which regulates the conditions for the validity of agreements. The main problem lies in the fulfillment of the elements of free will and agreement, especially when consent is given to a code that is not fully understood by parties without a technological background. Although Law Number 19 of 2016 concerning Electronic Information and Transactions (ITE Law) recognizes electronic documents as legal evidence, there are no explicit provisions governing the validity, legal responsibility, and dispute mechanisms related to smart contracts. This study uses a normative juridical method with a statutory and conceptual approach to examine the existence of smart contracts in the Indonesian legal system. It is necessary to reinterpret and harmonize civil law with technological developments so that smart contracts are not only legally valid, but also fair and provide adequate legal protection. Without regulatory reform, legal certainty and substantive justice in the use  of smart contracts have the potential to be neglected.
The Challenge of National Regulation Reform in Facing Legal Technology Disruption Khuan, Hendri
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/fa92p192

Abstract

The development of digital technology has brought significant disruption in the national legal system, giving rise to normative and institutional challenges that have not been fully anticipated by existing regulations. Innovations such as artificial intelligence (AI), blockchain-based smart contracts, and electronic court systems (e-courts) have structurally changed the way the law works, but at the same time have raised new issues related to legality, accountability, and procedural justice. Law Number 19 of 2016 as an amendment to the ITE Law and Law No. 27 of 2022 concerning Personal Data Protection has not been responsive enough in dealing with the ever-growing complexity of digital law. In addition to legal vacancies, multiple interpretations of norms, and regulatory fragmentation, the Indonesian legal system also faces limitations in harmonization with international legal standards such as GDPR, as well as low institutional capacity in implementation. Through a normative juridical approach with the analysis of primary and secondary legal materials, this study highlights the importance of legal reform based on regulatory foresight, legal harmonization, and institutional transformation. Digital legal reform in Indonesia must be anticipatory, adaptive, and interdisciplinary, in order to be able to ensure legal certainty, human rights protection, and the rule of law in the midst of increasingly intensive and disruptive digital globalization
Co-Authors Aisyah Solehati Ana Riana Anam, Ach Dlofirul Andi Kurniawan Andriani , Eva Andriya Risdwiyanto Anna Triwijayati Arief Fahmi Lubis Arief Yanto Rukmana Arjang, Arjang Arnes Yuli Vandika ARY SUBIYANTORO Aziz, Safiullah Badrudin , Rudy Bakri, Asri Ady Bambang Bambang Bambang Purwoko Diharjo, Nugroho Noto Eva Desembrianita Fitrian, Achmad Hana Rengganawati Hariyono Hariyono Heri Heriyanto Herry M. Polontoh Ikram Yakin Irdhayanti, Efa Irsan Rahman, Irsan Ishwara, Ade Sathya Sanathana Iwan Harsono Judijanto, Loso Juminawati, Sri Kalalo, Rieneke Ryke Kalempouw, Matiti Kalsum, Ummy Kristiurman Jaya Mendrofa Kurniawan, Ramdhan Lau, Elfreda Aplonia Lusianawati, Hayu Marlina, Milla Marnoto, Marnoto Mas Wiartha, Nyoman Gede Mochamad Ramdan, Andry Muafiqie, Humaidah Muhaimin Muhaimin Musran Munizu Nekky Rahmiyati Nurikah, Nurikah Nurul Fadhilah Putra, Wira Pramana Raden Mohamad Herdian Bhakti Rahmiyati , Nekky Raza, Amir Razak, Faizal Rizal R. Manullang Robertus Adi Nugroho Rohim, Mohamad Salmon , Harly Clifford Jonas Santi Diwyarthi, Ni Desak Made Saptaning Ruju Paminto Sardjana Orba Manullang Sari W, Irine Diana sari, Patma Sesario, Revi Setiawan, Zunan Sinaga, Herty Ramayanti Sintesa, Nika Sitorus, Rolib Sono, Mohammad Gifari Sopian sopian Sothy, Chak Sri Wahyuning Supardi Supardi Suprianus Pian TA tapaningsih, weni indah doktri agus Thuong, Mac Thi Hoai Tia Tanjung, Tia Titiek Rachmawati Triyantoro, Andri Tungga Bhimadi Wahyudi, Fajar Satriyawan Widyastuti Widyastuti Wulandari, Yenni Novita Yogi Sugiarto Maulana Yusuf, Ramdan Zainal Arifin Zaki, Amin Zuwanda, Zulkham Sadat