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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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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 Anam, Ach Dlofirul Andi Kurniawan Andriani , Eva Andriya Risdwiyanto Andry Mochamad Ramdan 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 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 Muafiqie, Humaidah Muhaimin Muhaimin Musran Munizu Nekky Rahmiyati Nurul Fadhilah Putra, Wira Pramana Raden Mohamad Herdian Bhakti 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 Sesario, Revi Setiawan, Zunan Sinaga, Herty Ramayanti Sintesa, Nika Sitorus, Rolib Sono, Mohammad Gifari Sopian sopian Sothy, Chak Supardi Supardi Suprianus Pian TA tapaningsih, weni indah doktri agus Thuong, Mac Thi Hoai Tia Tanjung Titiek Rachmawati Triyantoro, Andri Tungga Bhimadi Wahyudi, Fajar Satriyawan Wiartha, Nyoman Gede Mas Widyastuti Widyastuti Yenni Novita Wulandari Yogi Sugiarto Maulana Yusuf, Ramdan Zainal Arifin Zaki, Amin Zuwanda, Zulkham Sadat