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Kerangka Kebijakan dan Reformasi Hukum untuk Kelancaran Perdagangan Secara Elektronik (E-commerce) di Indonesia Makarim, Edmon
Jurnal Hukum & Pembangunan Vol. 43 No. 3 (2026)
Publisher : UI Scholars Hub

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Kerangka Kebijakan Dan Reformasi Hukum Untuk Kelancaran Perdagangan Secara Elektronik (E-Commerce) Di Indonesia Makarim, Edmon
Jurnal Hukum & Pembangunan Vol. 44 No. 3 (2026)
Publisher : UI Scholars Hub

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Pertanggungjawaban Hukum Pemerintah Terhadap Insiden Siber Kebocoran Data Pribadi Syahrial, Shafira Meutia; Makarim, Edmon; Mahardika, Zahrashafa Putri; Anggraini, Ayu Galuh
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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The United Nations declared the internet a global facility. Over the past decade, the urgency of efforts to protect the safety and security of cyberspace has increased exponentially with numerous malicious cyber incidents impacting infrastructure that provides services to the public. The internet is a communication channel related to the lives of many people, so all countries have a role to protect the internet. The preamble to the 1945 Constitution mandates the formation of a government to protect the Indonesian nation. The government is responsible for state administration based on Article 40 of the ITE Law, particularly in the case of cyber incident involving PDNS personal data leak. This study analyzes the regulations regarding the Government's responsibility for maintaining cybersecurity in electronic public services, the Government's legal responsibility for cyber incident of personal data leak, and the public's legal remedies for losses suffered due to PDNS data leak. This study uses a doctrinal research method. The results of this study are able to clarify who the Government is in Article 40 of the ITE Law. The government in Article 40 of the ITE Law includes all agencies that have affairs and duties related to the security of electronic system. The first agency is the Ministry of Communication and Digital Affairs (Kemenkomdigi) related to electronic system governance and security based on the ITE Law, PP PSTE, Perpres SPBE, Perpres SDI, PDP Law, Perpres Percepatan Transformasi Digital, and Permenkomdigi PSE Lingkup Publik. The second agency is the BSSN related to cybersecurity based on Perpres BSSN, Perpres IIV, and Perpres Keamanan Siber. The third agency is the Indonesian National Police (Polri) related to law enforcement based on the Indonesian National Police Law, ITE Law, KUHP, and PDP Law. The fourth agency is the Ministry of Defense related to cyber defense based on the Minister of Defense Regulation on Cyber Defense Guidelines. The fifth agency is the State Intelligence Agency (BIN) related to cyber intelligence based on Perpres BIN. The sixth agency is the Ombudsman related to oversight of the implementation of public services based on the Ombudsman Law.

Legal Implications of Blockchain Technology for the Indonesian National Financial System and Monetary Authorities Edmon Makarim; Edmon Makarim
Journal of Central Banking Law and Institutions Vol. 5 No. 2 (2026)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v5i2.542

Bank Indonesia faces significant governance challenges as it integrates blockchain technology into the national financial infrastructure. While blockchain offers enhanced transparency and operational integrity, it also raises critical concerns about security, systemic vulnerabilities, and legal accountability. This doctrinal study examines blockchain deployment within the Indonesian financial system, focusing on data protection, technical risks, and the allocation of liability for system failures or breaches. Findings indicate that while decentralised architectures can bolster transactional trust, they are constrained by smart-contract vulnerabilities and interoperability issues. Legally, determining accountability in distributed networks remains problematic, especially where centralised control is absent. Consequently, the study advocates for a comprehensive, adaptive regulatory framework anchored in public institutional authority. Such a framework must align blockchain use with statutory obligations regarding data protection and payment system governance. Grounded in Indonesia’s legal structure and international standards, this approach provides a model for jurisdictions seeking to integrate blockchain into state-supervised financial systems.

Legal Implications of Blockchain Technology for the Indonesian National Financial System and Monetary Authorities Edmon Makarim; Edmon Makarim
Journal of Central Banking Law and Institutions Vol. 5 No. 2 (2026)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v5i2.542

Bank Indonesia faces significant governance challenges as it integrates blockchain technology into the national financial infrastructure. While blockchain offers enhanced transparency and operational integrity, it also raises critical concerns about security, systemic vulnerabilities, and legal accountability. This doctrinal study examines blockchain deployment within the Indonesian financial system, focusing on data protection, technical risks, and the allocation of liability for system failures or breaches. Findings indicate that while decentralised architectures can bolster transactional trust, they are constrained by smart-contract vulnerabilities and interoperability issues. Legally, determining accountability in distributed networks remains problematic, especially where centralised control is absent. Consequently, the study advocates for a comprehensive, adaptive regulatory framework anchored in public institutional authority. Such a framework must align blockchain use with statutory obligations regarding data protection and payment system governance. Grounded in Indonesia’s legal structure and international standards, this approach provides a model for jurisdictions seeking to integrate blockchain into state-supervised financial systems.

Who Bears the Risk? Mapping the Legal Liability of Artificial Intelligence Providers in Indonesia’s Regulatory Landscape Ninik Zakiyah; Budi Santoso; Muh. Afif Mahfud; Edmon Makarim; Try Hardyanthi
Journal of Indonesian Legal Studies Vol. 11 No. 1 (2026): Contemporary Legal Responses to Technological, Economic, and Social Change
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v11i1.31133

The accelerating advancement of Artificial Intelligence (AI) presents complex legal concerns in Indonesia, particularly in determining liability for damages arising from autonomous systems characterized by algorithmic opacity. Existing legal frameworks, including the Copyright Law, the Electronic Information and Transactions Law, and the Government Regulation on Electronic System Providers, have yet to adequately capture the legal implications of AI-based decision-making processes. This study employs a normative legal approach to examine Indonesia’s regulatory landscape and argues that AI cannot be acknowledged as a legal entity, thereby placing primary responsibility on AI system providers. While civil liability may be grounded in Articles 1365–1367 of the Civil Code, fault-based frameworks encounter significant challenges because of AI’s “black box” characteristics. Accordingly, this article proposes a shift toward risk-based approaches, including strict liability, shifting of the burden of proof, and mandatory transparency obligations. Furthermore, it emphasizes the need to transform ethical principles, as reflected in the Ministerial Circular on AI Ethics, into enforceable legal norms. A comprehensive regulatory framework integrating accountability, human rights, and legal certainty is therefore essential for responsible AI governance in Indonesia.

Analysis of Legal and Sharī’ah Risks in Islamic Fintech Peer-To-Peer (P2P) Financing in Indonesia Karimah, Iffah; Wirdyaningsih; Kasri, Rahmatina A.; Makarim, Edmon; Widianto, Rahmadhani Nur; Syahrul, Achmad Sultan Richard; Ahmed, Habib
al-'adalah Vol 23 No 1 (2026): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v231.29640

The rapid growth of Islamic financial technology (fintech), particularly Sharī’ah-compliant peer-to-peer (P2P) financing, has played a significant role in promoting financial inclusion. Islamic fintech possesses unique characteristics and risks due to its compliance with Sharī’ah principles. Sharī’ah risk arises from non-compliance with Sharī’ah principles and is closely linked to legal risk, as such compliance is shaped by the applicable regulatory framework. Although previous studies have examined legal and Sharī’ah risks, limited attention has been paid to their interaction within the regulatory framework governing Islamic P2P financing. Therefore, this study aims to analyze the legal and Sharī’ah risks associated with Islamic fintech P2P financing and to examine the role of regulation in mitigating these risks. This study adopts a doctrinal legal research approach, using a case study of Sharī’ah-compliant P2P financing platforms in Indonesia and employing literature review, leximetric analysis, and content analysis. The findings identify several weaknesses in the existing regulatory framework that may undermine legal certainty and Sharī’ah compliance, and highlight the importance of strengthening regulation, supervisory mechanisms, and Sharī’ah governance as integrated risk-mitigation strategies for Islamic P2P financing. These findings contribute to the development of a regulatory governance framework for the Islamic fintech ecosystem

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