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All Journal Jurnal Hukum Adigama
Toendjoeng Herning Sitaboeana
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Law, Crime, Criminology & Criminal Justice

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ANALISIS HAK PRIVASI PERLINDUNGAN DATA PRIBADI MASYARAKAT DI INDONESIA Jennifer Claudia; Toendjoeng Herning Sitaboeana
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17138

Abstract

The more big and updated progress in technology, the more new challenges show up and that affects the protection of citizens' privacy and personal data, especially with the increasing practice of collection, use and dissemination of personal data or the problem known as the data misuse. Other than lack of specific regulations that may cause the weakness of privacy and personal data protection even more, especially when it comes to the use of technology. There is also known as the cloud computing technology which is a technology that uses the internet and central remote servers to maintain or manage user data. It allows users to use applications without installation such as via website, links, etc. so the personal data can be accessed anywhere and anytime through the internet access. But some legal issues in the world of technology are raised by cloud computing technology. The legal issue from cloud computing is very noticeable and dangerous because the personal data contains personal information such as full name, date of birth, id card number, etc. Which means if the provider or the third party, misused the personal data, it is a crime in the eye of law and it is wrong to human rights. As a country, Indonesia does have regulations that specifically protect the citizens from data abuse or known data misuse. But this is not how personal data is protected in Indonesia.
IMPLIKASI HUKUM TIDAK DILAKSANAKANNYA PUTUSAN MAHKAMAH KONSTITUSI DALAM PERKARA PENGUJIAN UNDANG-UNDANG Andre Suryadinata; Toendjoeng Herning Sitaboeana
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6906

Abstract

The Constitutional Court is one of the branches of judicial power that has authority to adjudicate at the first and last level whose decision is final to test the law against the Constitution as regulated in Article 24C paragraph (1) of the 1945 Constitution. The final nature of  decision of the constitutional court is binding on the entire community since it was said in the Open Plenary Session. Therefore, decision of constitutional court that invalidates the validity of a law must be followed up by legislators in the cumulative list open to the national legislation program. But in practice there are 2 (two) decisions that have not been followed up, namely Constitutional Court Decision Number 31 / PUU-XI / 2013 and Constitutional Court Decision Number 30 / PUU-XVI / 2018. Based on this description, it will be examined regarding the legal implications of not implementing the Constitutional Court Decision in case of judicial review? The author examines the problem using the method of normative legal research with the statutory approach. From the results of this study, it was found that the non-follow-up of the two decisions had violated the principle of rule of law in concept of the rule of law, and caused the loss of the decision-making power, and was a form of neglect of principle of legal awareness. So it is necessary to make changes in stages of the Constitutional Court Law and the House of Representatives' Regulations on Rules of Procedure.
Co-Authors Andre Suryadinata Jennifer Claudia