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Journal : sasi

Protection of Public Services Personal Data in The Delivery of Public Services: Comparative Study in Indonesia and Malaysia Tan, Winsherly; Karo Karo, Rizky Pratama Putra; Situmeang, Ampuan; Rusdiana, Shelvi; Razak, Siti Suraya Abd
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2415

Abstract

Introduction: Public service is essential in serving and engaging with the community. It is fundamental for building strong, resilient communities and ensuring a functioning democracy. However, the exposure of personal data in public service is worrying, as data breaches have affected the public's privacy.Purposes of the Research: This study examines the extent to which personal data is protected in the provision of public services in Indonesia and Malaysia. It also investigates how the Indonesian government can learn from Malaysia to improve its data protection in public services.Methods of the Research: This study employed a normative juridical approach. Secondary data was used in this study: the 1945 Constitution, Law Number 25 of 2009 concerning Public Services, Presidential Instruction Number 3 of 2003 concerning National Policy, Strategy for E-Government Development, and the Malaysian Personal Data Protection Act 2010.Results Main Findings of the Research: This study shows many data protection breaches in Indonesia. Additionally, no existing law protects personal data in Indonesia. It is recommended that Indonesia establish a law to protect the personal data of its citizens. Malaysia’s Personal Data Protection Act 2010 can be modelled to establish the law.
Harmonizing Legal Positivism and Natural Law for Social Engineering: Addressing Child Marriage in Indonesian Indigenous Communities Tan, Winsherly; Kalita, Manashi; Rusdiana, Shelvi; Situmeang, Ampuan; Seroja, Triana Dewi
SASI Volume 32 Issue 3, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i3.3829

Abstract

Introduction: This article examines the normative tension between state law and customary law in regulating child marriage practices within indigenous communities. In the Indonesian legal system, marriage is regulated through a formal legal framework emphasizing legal certainty and protection, while customary practices are rooted in communal values, traditions, and unwritten norms. Within the perspective of legal pluralism, the coexistence of these legal systems often creates challenges in terms of effectiveness, compliance, and social legitimacy. Purposes of the Research: The purpose of this research is to analyze the application of legal positivism and natural law theory in social engineering toward child marriage practices in indigenous communities, as well as to formulate an appropriate approach for addressing such practices within the framework of Indonesian law. Methods of the Research: This research employs a normative juridical method using statute and conceptual approaches. Legal materials consist of primary sources such as legislation and secondary sources including legal doctrines and scholarly writings related to customary law, marriage law, and legal theory. Results of the Research: The findings reveal that the persistence of child marriage in indigenous communities reflects a normative tension between the formal validity of state law and the moral legitimacy of customary law. Neither legal positivism nor natural law independently provides an adequate solution. Instead, an integrative approach based on Roscoe Pound's concept of law as social engineering, supported by legal positivism and natural law, offers a more effective framework for promoting legal reform while respecting indigenous cultural values. This study contributes to the literature by proposing an integrated analytical framework that bridges legal certainty, moral legitimacy, and participatory social transformation in legally pluralistic societies.