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All Journal Diponegoro Law Review Jurnal Konstitusi
Eka Merdekawati Djafar, Eka Merdekawati
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Humanities Law, Crime, Criminology & Criminal Justice

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Disregarding the Constitutional Court Decision Concerning the Prohibition of Concurrent Deputy Minister Positions: Pengabaian Putusan Mahkamah Konstitusi Terkait Larangan Rangkap Jabatan Wakil Menteri Sari, Sonia Sekar; Ilmar, Aminuddin; Djafar, Eka Merdekawati; Faiz, Pan Mohamad
Jurnal Konstitusi Vol. 20 No. 4 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2043

Abstract

The presence of the deputy minister position in the Indonesian government system has been a constitutional issue, both in its appointment and the issue of the prohibition of holding multiple positions. This article discusses Constitutional Court Decision Number 80/PUU-XVII/2019, which provides clarity on the constitutionality of the appointment of deputy ministers and the prohibition of holding multiple positions, including as commissioners or directors in state-owned or private companies. Despite this decision, the analysis indicates that the prohibition of holding multiple positions for deputy ministers is still disregarded, as some deputy ministers currently serve as Commissioners in State-Owned Enterprises (SOEs). This research uses a normative approach by analyzing secondary data. The result is that the Constitution is ignored because the Constitutional Court Decision regarding the prohibition of holding multiple positions for deputy ministers is not implemented. To address this non-compliance, if deputy ministers continue to hold positions as commissioners, the President should be able to dismiss them based on the State Ministry Law and Constitutional Court Decision, and impose sanctions in the form of an obligation to compensate the state’s financial loss incurred during the concurrent positions.
ENHANCING CYBERSECURITY AND LEGAL INTEGRATION: REFORMING INDONESIA'S CYBER LAW TO FOSTER SUSTAINABLE GROWTH IN THE DIGITAL ECONOMY Widayanti, Tri Fenny; Rohman, Aditya Dwi; Haris, A. Nuril Zamharir; Djafar, Eka Merdekawati; Hakim, Muhammad Zulfan
Diponegoro Law Review Vol 10, No 1 (2025): Diponegoro Law Review April 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.1.2025.105-119

Abstract

The rapid advancement of digital technologies has reshaped the global economy, with the digital economy becoming a key driver of growth and innovation. Indonesia, as the leader in Southeast Asia’s digital economy, has immense potential, with projected growth at 40% by 2018. However, the country’s digital economy remains hindered by an inadequate and fragmented cyber law framework. The existing laws are sector-specific, leading to overlapping institutional authority, weak enforcement, and a lack of clarity in jurisdiction, particularly regarding cross-border cyber threats. This fragmented legal landscape impedes the integration of Indonesia’s digital economy and undermines cybersecurity efforts. This study examines the challenges within Indonesia’s current cyber law and argues for comprehensive reforms to provide clear institutional authority, enhance inter-agency coordination, and create laws tailored to the digital economy and cybersecurity. Drawing insights from international frameworks, such as the European Union's General Data Protection Regulation (GDPR) and Australia's Critical Infrastructure Bill, the study advocates for a dual approach—ensuring both data privacy and critical infrastructure protection. Furthermore, the research highlights the need for collaboration between government, the private sector, and civil society, along with public education initiatives, to foster a secure and trustworthy digital ecosystem. By analyzing existing regulations and proposing targeted reforms, this study aims to contribute to improved cybersecurity governance, enabling sustainable digital transformation and economic growth in Indonesia.
Co-Authors Aminuddin Ilmar Arisaputra, Muh. Ilham Bakar, Dian Utami Mas Hakim, Muhammad Zulfan Haris, A. Nuril Zamharir Muhammad Ashri, Muhammad Mustafa Bola, Mustafa Pan Mohamad Faiz Rohman, Aditya Dwi Romi Librayanto, Romi Sari, Sonia Sekar Widayanti, Tri Fenny Zulkifli Aspan, Zulkifli