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All Journal PALAR (Pakuan Law review) Abdimas Indonesian Journal International Journal of Community Service (IJCS) Jurnal Smart Hukum (JSH) Kurnia Mengabdi (jurnal Pengabdian Kepada Masyarakat)
Suryani Intan Pratiwi Puwa
Universitas Negeri Gorontalo
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GAGASAN IDEAL PENGATURAN PERLINDUNGAN DATA PRIBADI SEBAGAI BENTUK HAK PRIVASI DI INDONESIA Suryani Intan Pratiwi Puwa; Fenty Puluhulawa; Erman Rahim
PALAR (Pakuan Law review) Vol 9, No 2 (2023): Volume 9, Nomor 2 April-Juni 2023
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v9i2.7939

Abstract

AbstrakTujuan penelitian ini adalah untuk mengetahui dan menganalisis pengaturan perlindungan data pribadi sebagai bentuk hak privasi di Indonesia dan  menganalisis dan mengkonstruksikan gagasan ideal pengaturan perlindungan data pribadi sebagai bentuk hak privasi di Indonesia. Jenis penelitian yang digunakan adalah penelitian Hukum Normatif, menggunakan pendekatan pendekatan perundang-undangan “statute approach”, pendekatan komparasi “comparative approach”, dan pendekatan konseptual “conceptual approach”. Selanjutnya disusun secara sistematis untuk diperoleh gambaran yang utuh dan peneliti mengolahnya dengan menggunakan teknik deskriptif analitis.  Hasil penelitian ini menunjukkan bahwa dalam Undang-Undang Nomor 27 Tahun 2022 tentang Perlindungan Data Pribadi terdapat pengecualian hak subjek data pribadi yang meliputi untuk kepentingan pertahanan dan keamanan nasional; kepentingan proses penegakan hukum; kepentingan umum dalam rangka penyelenggaraan negara; kepentingan pengawasan sektor jasa keuangan, moneter, sistem pembayaran, dan stabilitas sistem keuangan yang dilakukan dalam rangka penyelenggaraan negara; atau kepentingan statistik dan penelitian ilmiah. Kelemahanya, pengecualian tersebut tidak dijabarkan secara detail mengenai batasan dan mekanismenya, sehingga potensi yang terjadi ialah penyalahgunaan wewenang (abuse of power) dalam pelaksanaannya. Adapun perihal transfer data transfer Data Pribadi di luar wilayah hukum Negara Republik Indonesia yang tidak mencantumkan persetujuan subyek data sehingga mengakibatkan hak privasi pemilik data pribadi diabaikan dan tidak memiliki nilai tambah bagi perlidungan data pribadi, baik di dalam negeri maupun di negara lain.  Kata Kunci : Perlindungan; Data Pribadi; Hak Privasi. AbstractThe purpose of this study is to identify and analyze personal data protection arrangements as a form of privacy rights in Indonesia and to analyze and construct the ideal idea of personal data protection arrangements as a form of privacy rights in Indonesia. The type of research used is Normative Law research, using a statutory approach "statute approach", a comparative approach "comparative approach", and a conceptual approach "conceptual approach". Furthermore, it is arranged systematically to obtain a complete picture and the researcher processes it using analytical descriptive techniques. The results of this study indicate that in Law Number 27 of 2022 concerning Protection of Personal Data there are exceptions to the rights of personal data subjects which include the interests of national defense and security; the interests of the law enforcement process; public interest in the context of administering the state; the interest of supervising the financial services sector, monetary, payment systems, and financial system stability carried out in the context of administering the state; or statistical interests and scientific research. The weakness is that these exceptions are not spelled out in detail regarding the limitations and mechanisms, so that the potential for what occurs is abuse of power in its implementation. As for data transfers, transfers of personal data outside the jurisdiction of the Republic of Indonesia do not include data subject consent, resulting in the privacy rights of owners of personal data being ignored and having no added value for the protection of personal data, both domestically and in other countries.  Keyword : Protection; Personal data; Privacy Rights .
The Role of Legal Aid Institutions in Supporting Access to Justice for Underprivileged Communities Flora, Henny Saida; Hasnia, Hasnia; Lubis, Arief Fahmi; Sarjono, Anastasia; Puwa, Suryani Intan Pratiwi
Abdimas Indonesian Journal Vol. 4 No. 2 (2024)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/aij.v4i2.398

Abstract

One of the factors that should be considered in the legal protection of the poor is the equal position of citizens before the law. In a just society, there should be no gap between the people and those who have money and positions that afford them the same status as citizens in accordance with the legal system. It is imperative that legal aid be made available to impoverished individuals and communities in a criminal justice system that has yet to achieve comprehensive integration. The objective of this research is to ascertain the role of consultation and legal aid institutions in providing legal assistance and community empowerment for economically disadvantaged individuals. This research employs an empirical juridical approach to examine the activities of the Consultation and Legal Aid in fulfilling its role. The findings indicate that the Institute for Consultation and Legal Aid is obliged to provide assistance to legal aid providers free of charge. However, information regarding the provision of free or low-cost legal aid has not been widely disseminated, resulting in a significant number of defendants or suspects who are dealing with the law and do not receive assistance from legal aid providers. This lack of access to legal aid services leaves individuals without the means to effectively navigate accusations, suspicions, or charges from the state, thereby exacerbating their vulnerability.
The Role of Community Service in Promoting Access to Justice: A Case Study of Free Legal Services in Region E Flora, Henny Saida; Aiman, Muhammad; Lubis, Arief Fahmi; Puwa, Suryani Intan Pratiwi; Dewi, Putri Maha
International Journal of Community Service (IJCS) Vol. 4 No. 1 (2025): January-June
Publisher : PT Inovasi Pratama Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/ijcs.v4i1.1385

Abstract

This qualitative study explores the role of community service in enhancing access to justice through free legal aid programs in Region E, an area marked by socioeconomic disparities and limited legal resources. Using semi-structured interviews with 15 legal practitioners and 20 beneficiaries, along with documentary analysis of program reports from 2020 to 2025, the research investigates how these initiatives empower marginalized populations and address systemic barriers. The findings reveal three key themes: (1) empowerment through increased legal literacy, enabling beneficiaries to better understand and assert their rights; (2) building trust between communities and formal legal institutions by providing accessible, culturally sensitive services; and (3) persistent challenges including funding shortages, staffing limitations, and infrastructural constraints such as poor internet connectivity. The study highlights that free legal services not only resolve individual legal issues but also contribute to broader social awareness and collective empowerment. However, the sustainability and scalability of these programs depend on stronger institutional support and innovative approaches, such as digital outreach and partnerships with local authorities. This research contributes to the discourse on grassroots legal empowerment by providing empirical insights from a rural context often underrepresented in justice studies. The findings offer practical recommendations for policymakers, NGOs, and legal professionals aiming to improve justice accessibility through community-driven efforts. Ultimately, the study underscores the critical importance of community service initiatives in bridging justice gaps and fostering inclusive legal systems.
Formalizing the Informal: A Critical Examination of Indonesia's Land Certification Program (PTSL) and Its Implications for Tenure Security and Social Equity Henny Saida Flora; Seno Wibowo Gumbira2; Jimmy Nasroen; Dwi Nurahman; Suryani Intan Pratiwi Puwa
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.1889

Abstract

Indonesia’s Complete Systematic Land Registration Program (Pendaftaran Tanah Sistematis Lengkap, PTSL) has been heralded as a transformative initiative in the Global South’s land governance landscape. Launched in 2017 with the ambitious goal of registering all 126 million land parcels by 2025, the program has achieved a 94.4% registration rate. Despite this quantitative success, the program’s qualitative impacts on tenure security and social equity remain contested. This article critically examines PTSL through a qualitative, socio-legal lens, drawing on policy document analysis, semi-structured interviews with institutional actors, and case studies from three Indonesian provinces. The findings reveal a paradoxical outcome: while PTSL has significantly accelerated formal land registration, its procedural architecture ironically reproduces, rather than rectifies, pre-existing structural inequalities. Informal land tenure practices—customary ownership, inherited but undocumented rights, and gendered access—are systematically marginalized within the program’s bureaucratic framework. The certification process imposes financial burdens through BPHTB taxes that disproportionately exclude low-income households, while weak verification mechanisms have enabled land-grabbing by elite actors. Consequently, the program’s formalization agenda risks extinguishing long-standing customary tenure arrangements and reinforcing social stratification. The article argues that the technocratic focus on target attainment has fundamentally overshadowed substantive tenure security and distributive justice. It concludes by proposing a rights-based, community-centered model of land certification that recognizes legal pluralism, integrates gender-responsive mechanisms, and prioritizes protection of vulnerable groups
The Paradox of Judicial Power: The Indonesian Constitutional Court’s Activism in the Post‑Ahok Era and Its Impact on Electoral Democracy Christopher Panal Lumban Gaol; Samuel Frans Boris Situmorang; Seno Wibowo Gumbira; Irsyad Sudirman; Suryani Intan Pratiwi Puwa
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1957

Abstract

This study investigates the paradoxical role of the Indonesian Constitutional Court (Mahkamah Konstitusi, MK) in shaping electoral democracy after the 2017 Jakarta gubernatorial election that convicted Basuki Tjahaja Purnama (Ahok) for blasphemy. While judicial activism is generally seen as a mechanism to defend constitutional rights, the post‑Ahok period witnessed a surge in MK rulings that override electoral commissions and construct new legal norms, often with majoritarian and exclusionary undertones. Employing a panel fixed‑effects regression on 34 Indonesian provinces from 2014 to 2023, this research quantitatively examines the relationship between MK activism in electoral disputes and provincial electoral democracy scores. The independent variable, a novel Judicial Activism Index (JAI), captures annual counts of MK decisions that annulled KPU determinations or introduced expansive interpretations in pemilu and pilkada cases. The results reveal a significant negative interaction effect between the JAI and the Post‑Ahok dummy (2017–2023) on the Provincial Electoral Democracy Score. In the post‑Ahok period, a one‑unit increase in activist rulings is associated with a 1.8‑point decline in democratic quality, controlling for economic and political covariates. The findings unveil a paradox: a court empowered to guard democracy can, under conditions of heightened identity politics, become a vehicle for democratic regression. The study calls for recalibrating the MK’s self‑restraint doctrine to prevent judicial overreach from undermining electoral pluralism
Legal Assitance and Legal Literacy Enhancement for Victims of Termination of Employment in Efforts to Expand Access to Justice Irene Mariane; Henny Saida Flora; Suryani Intan Pratiwi Puwa; Asnal Hafiz; Dwi Nurahman
International Journal of Community Service (IJCS) Vol. 5 No. 1 (2026): January-June
Publisher : PT Inovasi Pratama Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/ijcs.v5i1.1872

Abstract

Termination of Employment (PHK) in Indonesia has escalated significantly, with over 88,519 cases recorded in 2025 alone, yet many victims remain unaware of their legal rights and are unable to navigate complex dispute resolution mechanisms. This study examines the role of legal assistance programs and legal literacy enhancement initiatives in expanding access to justice for PHK victims within a specific Indonesian district. Employing a qualitative socio-legal research methodology, this study conducted in-depth interviews with twenty-five (25) PHK victims, ten (10) legal aid providers, five (5) government officials from the local Manpower Office, and three (3) trade union representatives, complemented by document analysis and observation of mediation proceedings. The findings reveal that a significant majority of PHK victims (84%) possessed low to moderate levels of legal literacy regarding their statutory entitlements, including severance pay (pesangon), long-service awards (UPMK), and compensation for rights (UPH). Furthermore, 92% of respondents encountered substantial barriers to accessing justice, including prohibitive legal costs, procedural complexity, and geographic isolation from Industrial Relations Courts. Legal assistance provided by Legal Aid Institutions (LBH) and university legal clinics demonstrably improved the likelihood of PHK victims securing their rights, with assisted victims being 3.2 times more likely to obtain a favorable settlement or court ruling. However, the study also identifies critical challenges, including the limited capacity of legal aid organizations and persistent issues of weak law enforcement against recalcitrant employers. The research concludes that a synergistic approach, combining the provision of pro bono legal assistance with targeted community-based legal literacy programs, is essential for addressing the justice gap experienced by PHK victims. The study recommends the formal establishment of a District-Level Legal Aid Task Force for Employment Disputes and the integration of labor rights education into local community development programs.
Legal Assistance for Micro, Small, and Medium Enterprises (MSMEs) in Drafting Fair Digital Contracts in the Digital Economy Era Henny Saida Flora; Wulandari Wulandari; Grenaldo Ginting; Anastasia Sarjono; Suryani Intan Pratiwi Puwa
International Journal of Community Service (IJCS) Vol. 5 No. 2 (2026): July-December
Publisher : PT Inovasi Pratama Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/ijcs.v5i2.2020

Abstract

The rapid expansion of Indonesia’s digital economy has compelled micro, small, and medium enterprises (MSMEs) to enter digital contracts—often standardized agreements imposed by platforms or larger counterparties. These contracts frequently contain unfair terms that disadvantage MSMEs due to their limited legal literacy and bargaining power. This study examines a legal assistance program that aimed to empower MSMEs in Yogyakarta to draft and negotiate fairer digital contracts. Employing a qualitative case study design, data were gathered through in‑depth interviews with 30 MSME owners and five legal assistants, focus group discussions, and comparative document analysis of 60 digital contracts (pre‑ and post‑assistance). Thematic analysis revealed that before assistance, contracts were dominated by clauses unilaterally limiting liability, granting vendors unfettered amendment rights, and imposing burdensome dispute resolution mechanisms. Through a structured mentoring process—comprising legal literacy workshops, clause‑by‑clause review, collaborative redrafting, and negotiation simulations—MSMEs shifted from passive acceptance to active negotiation. Post‑assistance contracts demonstrated significant improvements in fairness indicators such as clarity, balance of obligations, and accessibility of remedies. The study also identified persistent challenges, including the reluctance of dominant platforms to alter standard terms and the need for sustained legal support. The findings underscore the transformative potential of community‑based legal assistance in fostering contractual justice within the digital economy. Policy recommendations include the development of government‑endorsed fair‑contract templates, integration of legal design principles into e‑commerce platforms, and institutionalization of accessible legal aid for MSMEs.
Counseling and Facilitation of Testament Deed Preparation for Older Adults and Low-Income Urban Families to Prevent Inheritance Disputes Henny Saida Flora; Dwi Nurahman; Suryani Intan Pratiwi Puwa; Anstasia Sarjono; Ahmad Yani
Kurnia Mengabdi: Jurnal Pengabdian kepada Masyarakat Vol. 3 No. 2 (2026): Kurnia Mengabdi: Jurnal Pengabdian kepada Masyarakat
Publisher : CV. Kurnia Grup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61476/bkmtq496

Abstract

This community service article examines a legal counseling and facilitation program on testament deed preparation for older adults and low-income urban families in an urban Indonesian setting. The program was designed in response to the continuing vulnerability of families who possess limited legal literacy, fragmented family communication, and inadequate access to formal legal assistance in inheritance matters. Indonesian civil law recognizes inheritance by testament, while the Civil Code also preserves mandatory portions for certain heirs and places formal requirements on valid wills, making legal understanding essential for prevention of future disputes. Using a qualitative research design embedded in community service, data were collected through observation, semi-structured interviews, focus group discussions, field notes, and document review during counseling, screening, and facilitation stages. Program participants consisted of 40 individuals, including older adults, family members, community cadres, and neighborhood leaders. The findings indicate that counseling improved participants’ legal understanding, reduced hesitation to discuss end-of-life property planning, and clarified the distinction between testamentary freedom and legal limitations under Indonesian inheritance law. Facilitation further revealed that the main barriers were fear of family conflict, incomplete civil documentation, low confidence in approaching a notary, and misconceptions that wills are relevant only for wealthy households. The article argues that community-based legal outreach can function as an early dispute-prevention strategy by combining legal education, family mediation, and referral pathways to formal legal services.
Enhancing Digital Legal Literacy: Guidance in Formulating Privacy Policies and Terms & Conditions for Micro and Small Enterprises (MSEs) in the Platform Economy Era Henny Saida Flora; Yudha Ginanjar; Mohamad Ali Syaifudin; Dodi Rusmana; Suryani Intan Pratiwi Puwa
Jurnal Smart Hukum (JSH) Vol. 4 No. 2 (2026): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i2.1705

Abstract

The rapid digitalization of Indonesia's economy has created unprecedented opportunities for micro and small enterprises (MSEs) to participate in platform-based commerce. However, most MSEs operate without adequate understanding of legal obligations under Indonesia's Personal Data Protection Law (Law No. 27 of 2022) and e-commerce regulations, particularly regarding privacy policies and terms & conditions. This qualitative research examined the effectiveness of legal mentoring programs in enhancing digital legal literacy among 45 MSE operators in Jakarta and Yogyakarta. Through thematic analysis of semi-structured interviews, focus group discussions, and document review, the study identified critical knowledge gaps in data protection compliance, contractual obligations, and platform-specific legal requirements. The findings reveal that structured mentoring interventions focusing on policy documentation significantly improved participants' capacity to formulate legally compliant privacy policies and terms & conditions tailored to platform operations. The research proposes a community-based digital legal literacy framework that integrates state-led policy guidance, peer mentoring networks, and accessible legal resources. These mechanisms are essential for MSEs to navigate the complexities of the platform economy while protecting both consumer rights and business sustainability in Indonesia's evolving digital landscape
Preventive Legal Education as a Strategy for Empowering Women Victims of Domestic Violence (KDRT) in Accessing Legal and Psychological Services Ica Karina; Seno Wibowo Gumbira; Grenaldo Ginting; Nurifana Umar; Suryani Intan Pratiwi Puwa
Jurnal Smart Hukum (JSH) Vol. 4 No. 2 (2026): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i2.1707

Abstract

This article examines preventive legal education as a strategic mechanism for empowering women victims of domestic violence (Kekerasan Dalam Rumah Tangga/KDRT) in Indonesia, specifically focusing on their access to integrated legal and psychological services. Using qualitative phenomenological methodology through in-depth interviews and thematic analysis, this study explores how targeted legal awareness programs strengthen victim agency in navigating justice systems and psychological support mechanisms. The research involved interviews with 18 participants comprising female KDRT victims, legal aid providers, psychological counselors, and community advocates across three Indonesian provinces. Findings reveal that comprehensive legal education programs significantly enhance victim empowerment by demystifying legal processes, clarifying rights under Law Number 23 of 2004, and facilitating timely access to protective services. The implementation of preventive legal education demonstrates capacity to transform victim consciousness, shifting perspectives from self-blame to recognition of legal rights and entitlements. Participants reported increased willingness to report incidents after legal awareness interventions, with 72.2% of victims subsequently accessing formal legal assistance compared to 22.8% prior to education programs. The study identifies critical success factors including integration of psychological support with legal education, community-based delivery mechanisms, and trauma-informed facilitation approaches. However, significant barriers persist, including cultural stigma, limited accessibility in rural areas, and insufficient institutional capacity. This research contributes to evidence-based advocacy for mainstreaming preventive legal education within comprehensive victim support ecosystems in Indonesia, proposing a holistic empowerment model combining legal literacy, psychological recovery, and community mobilization to achieve sustainable gender justice.
Co-Authors Ahmad Yani Aiman, Muhammad Anastasia Sarjono Anstasia Sarjono Arief Fahmi Lubis Asnal Hafiz Christopher Panal Lumban Gaol Dodi Rusmana Dwi Nurahman Dwi Nurahman Erman I. Rahim Fenty U. puluhulawa Grenaldo Ginting Hasnia Hasnia Henny Saida Flora Ica Karina Irene Mariane Irsyad Sudirman Jimmy Nasroen Mohamad Ali Syaifudin Nurifana Umar Putri Maha Dewi, S.H., M.H Samuel Frans Boris Situmorang Sarjono, Anastasia Seno Wibowo Gumbira Seno Wibowo Gumbira2 Wulandari Wulandari Yudha Ginanjar