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Legal Gaps in Personal Data Protection: Reforming Indonesia’s Population Administration Law Triyanti, Ninuk; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.6177

This study critically examines the existing legal framework for personal data protection within Indonesia’s population administration system. Through a normative legal research approach, it identifies significant regulatory gaps that leave personal information vulnerable to misuse and breaches. The results show that the current legal policies remain insufficient, as numerous aspects of personal data protection have yet to be explicitly regulated in the Population Administration Law. Despite the enactment of a national personal data protection law, its effectiveness is undermined by the lack of comprehensive integration into the Population Administration Law. This research proposes reconstructing the legal framework to address essential aspects of data management—such as collection, utilization, safeguarding, exchange, and misuse prevention—while establishing clear access rights, prohibitions on unauthorized activities, and a structured system of proportional sanctions. By incorporating specialized legal provisions and aligning with international best practices, these reforms would strengthen Indonesia’s data protection framework, enhance public trust, and reinforce the government’s role in safeguarding citizens’ personal information.

Data Protection Laws in Indonesia: Navigating Privacy in the Digital Age Prasetyo, Budi; Handayani, I Gusti Ayu Ketut Rachmi; Sulistiyono, Adi
Side: Scientific Development Journal Vol. 2 No. 1 (2025): Side: Scientific Development Journal
Publisher : Arbain Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/petfxv64

The rapid expansion of digital technologies in Indonesia has brought significant challenges regarding data protection and privacy. With the increasing use of online services, e-commerce, and digital transactions, concerns over personal data security have intensified. In response, the Indonesian government enacted the Personal Data Protection Law (PDP Law) in 2022, marking a significant milestone in the country’s legal framework for data privacy. This study explores the implementation and effectiveness of data protection laws in Indonesia using a qualitative research approach. Through in-depth interviews with legal experts, government officials, and digital rights advocates, this research examines the extent to which current regulations align with global standards and whether they adequately address data security threats. The findings indicate that while the PDP Law represents progress, challenges remain in enforcement, compliance, and public awareness. Many organizations, particularly in the private sector, struggle to adapt to the new regulatory environment, and law enforcement agencies face difficulties in overseeing compliance due to resource limitations. Additionally, a lack of digital literacy among Indonesian citizens poses risks, as individuals are often unaware of their data protection rights. Comparisons with international best practices, such as the European General Data Protection Regulation (GDPR), reveal gaps in Indonesia’s approach, particularly in enforcement mechanisms and penalties for data breaches. This study highlights the need for greater government oversight, stronger institutional capacity, and enhanced public education programs to ensure that Indonesia’s data protection laws effectively safeguard digital privacy in the evolving digital landscape.

Integrating justice-based tax education in Pancasila education: Strategies, challenges, and future directions towards fiscal independence in Indonesia Sari, Chandra Dewi Puspita; Sulistiyono, Adi -; Handayani, I Gusti Ayu Ketut Rachmi
Jurnal Cakrawala Pendidikan Vol. 44 No. 2 (2025): Cakrawala Pendidikan (June 2025)
Publisher : LPMPP Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/cp.v44i2.76438

The present study aims to investigate the integration of justice-based tax education within the Pancasila Education curriculum, with particular attention to strategies, challenges, and future directions for achieving fiscal independence in Indonesia. Adopting a mixed-methods survey design, the research combined quantitative and qualitative techniques to obtain an in-depth understanding of the phenomenon. Specifically, data were collected from students enrolled in Pancasila Education courses at Universitas Negeri Yogyakarta during the even semester of 2023. The sample was selected using a proportionate stratified random sampling technique, which stratified the Faculty of Engineering, Faculty of Mathematics and Natural Sciences, and Faculty of Vocational Studies, to ensure adequate representation across academic disciplines. The results indicate that implementing justice-based tax education constitutes a critical component of Pancasila Education. Triangulation of data from various approaches reinforced the findings that the main challenges included low awareness of the importance of taxes among students and the general public, as well as difficulties in implementing a curriculum relevant to justice values in tax education. The study recommended several strategic measures, including the development of an inclusive tax education infrastructure, comprehensive training for Pancasila education teachers, refinement of the Pancasila education curriculum to better integrate tax justice aspects, and cross-sector collaboration to ensure the success of such integration. Continuous evaluation of justice-based tax education within Pancasila Education is also emphasised as essential to ensuring the sustainability and effectiveness of this program in increasing public understanding and participation in a fair and sustainable tax system.

The Omnibus Law Concept in the Job Creation Law and the Legal Consequences for Limited Liability Companies Dewinagara, Trisya Benazir; Handayani, I Gusti Ayu Ketut Rachmi; Purwadi, Hari
SASI Volume 28 Issue 2, June 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i2.963

Introduction: The concept of Omnibus Law is intended as a means to resolve conflicting norms between laws and regulations so that inconsistencies do not occur.Purposes of the Research: The study aimed to evaluate the concept of the Omnibus Law against the Job Creation Law (Undang-Undang Cipta Kerja) with a more specific focus on Limited Liability Company Regulations.Methods of the Research: Normative legal research (doctrinal study) on policies with a Conceptual Approached and Legislation (normative-juridical).Results of the Research: That many sectors of law grouped into the Omnibus Law, which was prone to causing inconsistencies, Lack of clarity in rules resulted in a lack of legal certainty, especially for Limited Liability Companies; the emergence of inconsistencies in the Job Creation Law against the UUPT due to a new concept regarding SMEs Limited Liability Companies or individual Limited Liability Companies which has legal consequences, the emergence of responsibility for piercing the corporate veil because there is only one shareholder; the absence of the role of a notary and an authentic deed of establishment; changed and dissolution of the RUPS SMEs Limited Liability Companies through an electronic statement letter will cause a lack of legal validity of the Limited Liability Company; absence of a minimum capital requirement could lead to vulnerabilities in providing third party payment guarantees; moreover, setting limits for the establishment of the founders of the SMEs company may only be once a year, creating the risk of branching creditors; and provide an opportunity of creating Limited Liability Companies to seek profits every year, based on a limited liability concept.

Strengthening Commercial Court Judges’ Knowledge in Handling Patent Claim Disputes: A Comparison Between Japan and Indonesia. Sulistyono, Joko; Hartiwiningsih, Hartiwiningsih; Handayani, I Gusti Ayu Ketut Rachmi; Katagiri, Kazuaki
Susbtantive Justice International Journal of Law Vol 8 No 1 (2025): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v8i1.320

This study aims to identify the substantive challenges that Commercial Court judges face when making decisions in patent claim disputes within the Indonesian Commercial Courts. These difficulties arise from the close link between patent claims and novel technological inventions. In Indonesia, However, the performance of Alternative Dispute Resolution mechanisms for patent disputes has been underwhelming, and they do not appear poised to become the primary resolution approach. The research primarily relies on a literature review, but also includes interviews with Commercial Court judges in Central Jakarta, and Japanese Judges in Japan IP Court, and patent Examiner in Japan Patent Office, to confirm the findings. From this study, Japan's system, which involves Court Researchers and an Expert Committee, has been found to provide judges with greater confidence and expertise in handling patent disputes. The Japanese model incorporates technical experts who assist the court in understanding the complexities of patent claims and novel technological inventions, which helps the judges make more informed decisions. This paper will explore the key features of the Japanese patent litigation system and examine how they could be adapted to address the challenges faced by the Indonesian Commercial Courts.

Portrait of Ulayat Land Conflicts in Minangkabau Customary Law Community: Alternative Resolutions Under Islamic Law Iswari, Fauzi; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.11066

This research aims to describe an overview of the existence of ulayat land in the Minangkabau customary law community, the characteristics of ulayat land conflicts that occur in the Minangkabau customary law community, and alternative solutions to conflict resolution of ulayat land in the Minangkabau customary law community according to Islamic law. This research is a normative legal research conducted using the comparative legal study approach method. The legal material used comes from library materials or secondary data, then the data is analysed qualitatively juridically. Based on the results of the research, it can be explained that the existence of ulayat land in customary law communities has been recognised in various laws and regulations. However, horizontal and vertical conflicts still occur in the community. Litigation settlement, it turns out, has not been able to bring justice to customary law communities. This is because the resolution of conflicts over ulayat rights tends to prioritise the aspect of formal legality alone. Therefore, in resolving various customary land conflicts that occur, it is a necessity for Minangkabau customary law communities that make Islam the only religion adopted to consider ways of dispute resolution based on Islamic law, such as through ishlah or peace. Thus, in the midst of legal pluralism that applies in Indonesia, in addition to State law, the provisions in Islamic law and customary law should also be used as a reference in resolving any ulayat land conflicts in the community.

Legal Gaps in Personal Data Protection: Reforming Indonesia’s Population Administration Law Triyanti, Ninuk; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.6177

This study critically examines the existing legal framework for personal data protection within Indonesia’s population administration system. Through a normative legal research approach, it identifies significant regulatory gaps that leave personal information vulnerable to misuse and breaches. The results show that the current legal policies remain insufficient, as numerous aspects of personal data protection have yet to be explicitly regulated in the Population Administration Law. Despite the enactment of a national personal data protection law, its effectiveness is undermined by the lack of comprehensive integration into the Population Administration Law. This research proposes reconstructing the legal framework to address essential aspects of data management—such as collection, utilization, safeguarding, exchange, and misuse prevention—while establishing clear access rights, prohibitions on unauthorized activities, and a structured system of proportional sanctions. By incorporating specialized legal provisions and aligning with international best practices, these reforms would strengthen Indonesia’s data protection framework, enhance public trust, and reinforce the government’s role in safeguarding citizens’ personal information.

Analysis of Land Rights Certificate Overlapping Occurrence Suryajaya, Jonathan Chandra; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 4 (2025): Siber International Journal of Advanced Law (April - June 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i4.170

Article 4 of the UUPA states that based on the right of control by the state, various types of land rights are determined that can be granted to individuals or groups. The purpose of this study is to determine To analyze and review the Legal Basis for the issuance of land title certificate. To analyze and review the Responsibility of the Land Office for the certificate that was canceled in the State Court Decision. The results of this study are that the cancellation of land title certificate can cause legal uncertainty for the community and require the government to increase supervision and improvements in the land system in order to prevent similar cases in the future. In addition, the responsibility of the Land Office in this case is in the spotlight, where there should be an increase in accuracy in data collection and better coordination between agencies so that there is no issuance of duplicate certificates.

Reconstructing the Environmental Licensing Law Based on Ecological Justice Muchsin, Achmad; Handayani, I Gusti Ayu Ketut Rachmi; Wartini, Sri; Arifin, Ridwan
Administrative and Environtmental Law Review Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i2.4222

This research examines the legal implications of changing the nomenclature from “environmental permits” to “environmental approvals” in Indonesia’s environmental licensing law. Moving beyond a conventional public law focus, it highlights the role of private law instruments in advancing climate change mitigation and adaptation. The core question addressed is whether this terminological shift aligns with the principles of ecological justice and how environmental licensing law should be reconstructed to uphold these values. Using a doctrinal legal research method, the analysis integrates statutory, conceptual, and philosophical perspectives, employing techniques of interpretation and construction. The findings indicate that while certain reforms under the Job Creation Law support ecological justice, others undermine it. The research concludes that the current framework requires comprehensive reconstruction to more effectively embody ecological justice and strengthen climate action.

Non-Muslims and Sharia-Based Regional Government; Comparison between Aceh, Indonesia and Selangor, Malaysia Harahap, Burhanudin; Handayani, I Gusti Ayu Ketut Rachmi; Lego Karjoko
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 2 (2023)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v18i2.10456

One plausible challenge that may emerge throughout the application of sharia law in Aceh, for instance, is the presence of interreligious disputes. The fact that not all members of communities are Muslims poses an inquiry. This research examines how Sharia law is enforced in Aceh; how legal protection for non-Muslims is affected by the enforcement, as well as, to the same topic, how the comparison between Aceh and of Selangor, Malaysia is. According to this empirical study, Qanun was created in Aceh to secure adherence to sharia law, so that Qanun Jinayat applies to community members identified as Muslim. In contrast, Malaysia is a multiethnic and multiracial nation governed by the supreme law, namely the Federal Constitution, which protects its diverse religion and communities. Sharia law applies exclusively to Muslims in Selangor, in stark contrast to jinayah law in Aceh which apply this to Aceh citizen. Hence, stakeholders in Aceh must collaborate to assess and fortify legal safeguards for non-Muslim inhabitants, extending beyond the freedom to select the form of justice they prefer. The objective is to guarantee the rights of each citizen in a manner that is devoid of violence or any indications of human rights violations.

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