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All Journal Diponegoro Law Review Jurnal Konstitusi Jurnal Hukum dan Peradilan
Eka Merdekawati Djafar, Eka Merdekawati
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Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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Journal : Diponegoro Law Review

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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.
GUARDIAN OF THE CONSTITUTION: REVIEWING THE ROLE OF THE CONSTITUTIONAL COURT Mukhlis, Muhammad Mutawalli; Masum, Ahmad; Maskun, Maskun; Arowosaiye, Yusuf Ibrahim; Djafar, Eka Merdekawati
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025 (in progress)
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.217-233

Abstract

The Constitutional Court of Indonesia is entrusted with safeguarding constitutional supremacy within Indonesia’s constitutional order, yet it does not possess the authority to review amendments to the 1945 Constitution. This institutional limitation creates a structural gap because constitutional amendments, despite their far reaching consequences, remain beyond judicial scrutiny. This study examines the constitutional feasibility of granting the Court authority to conduct procedural and substantive review of constitutional amendments. Using doctrinal legal research supported by comparative constitutional analysis, the article draws on Hans Kelsen’s theory of the hierarchy of norms and the Basic Structure Doctrine as developed in India and Germany to construct an evaluative framework suitable for the Indonesian context. The analysis demonstrates that the absence of judicial oversight over constitutional amendments weakens constitutional supremacy and increases the risk of democratic erosion through formally valid political processes. The article proposes a structured model of limited amendment review grounded in Indonesia’s constitutional identity, particularly the foundational principles embodied in Pancasila and the commitment to the rule of law. By articulating a contextually grounded doctrinal framework, this study contributes to contemporary debates on unconstitutional constitutional amendments and offers a normative pathway for strengthening constitutional guardianship in Indonesia.
Co-Authors Aminuddin Ilmar Arisaputra, Muh. Ilham Bakar, Dian Utami Mas Hakim, Muhammad Zulfan Haris, A. Nuril Zamharir Maskun Masum, Ahmad Muhammad Ashri, Muhammad Mukhlis, Muhammad Mutawalli Mustafa Bola, Mustafa Pan Mohamad Faiz Rohman, Aditya Dwi Romi Librayanto, Romi Sari, Sonia Sekar Widayanti, Tri Fenny Yusuf Ibrahim Arowosaiye Zulkifli Aspan, Zulkifli