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All Journal Pandecta Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI JOURNAL OF PRIVATE AND COMMERCIAL LAW Law Research Review Quarterly Indonesian State Law Review (ISLRev) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Nomos : Jurnal Penelitian Ilmu Hukum Annual Review of Legal Studies Journal of Law and Legal Reform Indonesian Journal of Advocacy and Legal Services Semarang State University Undergraduate Law and Society Review Law Research Review Quarterly Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang Kertha Semaya : Journal Ilmu Hukum Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Mahalini: Journal of Business Law Indonesian Court and Justice Review Indonesian Minority Justice Review Indonesian Economic Justice Review
Ratih Damayanti
Universitas Negeri Semarang
Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Judicial Precedents on Privacy Rights: Court Rulings in the Digital Era Ratih Damayanti; Duhita Driyah Suprapti; Rohmat Rohmat
Indonesian Court and Justice Review Vol. 1 No. 4 (2024): November, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/j5xmja79

Abstract

As digital technologies become increasingly embedded in everyday life, courts in Indonesia are increasingly required to define the scope and limits of privacy rights. This study examines judicial precedents that address privacy in the context of surveillance, data protection, and digital expression, particularly in light of the absence of a comprehensive data protection law until recently. Using qualitative content analysis of Constitutional Court and Supreme Court decisions, this research investigates how Indonesian courts have interpreted privacy within constitutional and statutory frameworks. The findings show a growing recognition of privacy as a fundamental right, though judicial reasoning remains inconsistent and often lacks a clear doctrinal foundation. In several landmark cases, courts have acknowledged the importance of protecting personal data and private communications, but have struggled to balance privacy with competing state interests such as national security or public morality. This study highlights the urgent need for a coherent judicial approach to privacy, especially as digital surveillance and data misuse become more prevalent. The novelty of this research lies in mapping the evolving jurisprudence on privacy and proposing a normative framework for more consistent judicial protection. By critically analyzing court practices, the study contributes to ongoing discussions about constitutional rights in the digital age and the role of judicial precedents in shaping data governance.
Redesigning Legislation in the Era of Industry 4.0: Toward a Technology-Responsive Regulatory Framework in Indonesia Rahmat Dwi Putranto; Indah Sri Utari; Ratih Damayanti; Salman Alfarisi; Umar Mubdi
Journal of Law and Legal Reform Vol. 7 No. 4 (2026): October, 2026 (In Press)
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i4.63944

Abstract

The rapid development of Industry 4.0 technologies, including artificial intelligence, big data, the Internet of Things, automation, blockchain, and digital platforms, has fundamentally transformed social, economic, and governmental activities and generated increasingly complex regulatory challenges. These technological transformations require legislation to move beyond conventional and predominantly reactive approaches toward a more adaptive, anticipatory, and technology-responsive regulatory design. In Indonesia, significant reforms have been introduced to improve the legislative process, including recognizing electronic law-making and strengthening meaningful public participation. Nevertheless, the existing legislative framework remains insufficiently responsive to the speed, complexity, uncertainty, and cross-sectoral nature of technological change. The central problem is therefore not merely the absence of technology-related regulation, but the inadequacy of the existing legislative design to anticipate technological developments, maintain regulatory coherence, incorporate technological expertise, and ensure continuous public participation and regulatory evaluation. This study examines the need to redesign legislation in the era of Industry 4.0 and to formulate a technology-responsive regulatory framework for Indonesia. Using a socio-legal approach, the study examines legislation, regulatory policies, institutional practices, and the interaction between technological transformation and legal development. The findings show that Indonesia needs to shift from a reactive legislative model to an adaptive, anticipatory model characterized by technological foresight, evidence-based lawmaking, regulatory coherence, interdisciplinary expertise, meaningful digital participation, regulatory experimentation, and continuous monitoring and evaluation. Accordingly, this study proposes a technology-responsive legislative framework that integrates technological assessment into the legislative cycle, strengthens institutional and expert capacity, facilitates inclusive digital participation, and establishes mechanisms for periodic regulatory review. The proposed framework supports a more adaptive, coherent, participatory, and future-oriented legislative system that can respond to technological transformation while safeguarding legal certainty, accountability, public interests, and fundamental rights.
The Right to Be Heard: Minority Participation and Procedural Justice in Indonesian Public Policy-Making Rodiyah Rodiyah; Ratih Damayanti
Indonesian Minority Justice Review Vol. 3 No. 2 (2026): April, 2026
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/r297v361

Abstract

Legal equality may remain incomplete when minority communities are excluded from decisions that directly affect their rights and interests. This article examines minority participation in Indonesian public policy-making through the perspective of procedural justice. The study investigates whether existing consultation mechanisms provide meaningful opportunities for minority communities to influence decisions or merely satisfy formal requirements of administrative procedure. Using a normative and socio-legal approach, the research analyzes constitutional principles, legislative procedures, administrative regulations, selected policy-making processes, and cases involving affected minority groups. The article employs procedural justice concepts including voice, neutrality, respect, and trustworthiness to evaluate the quality of participation. The analysis argues that formal consultation does not necessarily constitute meaningful participation when communities lack timely information, institutional access, adequate representation, or mechanisms through which their objections can influence final decisions. Minority participation may therefore become symbolic rather than substantive. The study proposes a participatory framework requiring early consultation, accessible information, representative engagement, reasoned responses to minority objections, and effective review mechanisms. It concludes that the right to be heard should be understood as a substantive component of equality and minority protection rather than merely an administrative formality. By connecting procedural justice with minority rights, the article demonstrates that fair outcomes depend not only on the content of governmental decisions but also on whether marginalized communities are treated as legitimate participants in the processes through which those decisions are produced.
The Impact of Indonesia’s Economic Policies on Labor Rights: A Critical Review Ratih Damayanti; Tri Sulistiyono; Windiahsari Windiahsari; Pratama Herry Herlambang; Ananya Radhika Reddy
Indonesian Economic Justice Review Vol. 1 No. 2 (2024): May, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/04my5v50

Abstract

This paper critically examines the impact of Indonesia’s economic policies on labor rights, with a focus on how policy decisions shape the working conditions and legal protections for laborers in various sectors. Despite substantial economic growth in recent decades, Indonesia’s labor market remains characterized by precarious work conditions, low wages, and a significant informal labor sector. The paper analyzes key policies such as the 2003 Manpower Law, the 2015 Omnibus Law, and the National Employment Policy, assessing how they address or exacerbate issues such as job security, workers’ rights to collective bargaining, and social protections. By reviewing government efforts to improve labor standards, such as the implementation of minimum wage policies and social security programs, the paper explores the limitations of these policies in tackling structural inequalities and ensuring fair labor practices. The study also investigates the role of trade unions, civil society, and international labor organizations in advocating for workers’ rights and influencing policy changes. The findings reveal that while there have been some improvements in labor conditions, Indonesia’s economic policies often prioritize economic growth and investment over labor rights, leading to the marginalization of vulnerable workers. The paper concludes by proposing recommendations for enhancing labor rights, including the strengthening of labor laws, better enforcement mechanisms, and more inclusive economic policies that prioritize workers' well-being.
The Omnibus Law and Economic Justice: A Critical Analysis of Its Impact on Labor Rights and Social Equity Ratih Damayanti; Andry Setiawan; Bima Wicaksono Nugroho
Indonesian Economic Justice Review Vol. 2 No. 2 (2025): May, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/1k8b7n05

Abstract

This paper critically examines Indonesia's controversial Omnibus Law, which was introduced as a major reform to streamline regulations, improve the business climate, and attract foreign investment. While the law is hailed for its potential to enhance economic growth, it has raised significant concerns regarding labor rights and social equity. This study explores the key provisions of the Omnibus Law, focusing on its impact on labor regulations, job security, and workers’ rights. The paper analyzes how the law’s deregulation of labor markets, particularly its relaxation of rules on minimum wages, severance pay, and outsourcing, affects income inequality and job quality, particularly for vulnerable workers in low-wage sectors. Furthermore, the study investigates how the law’s broader economic objectives—such as promoting foreign direct investment—might disproportionately benefit multinational corporations and wealthy elites, while exacerbating existing social and economic disparities. By examining both the legal provisions and the socio-economic outcomes of the Omnibus Law, the paper argues that while it may stimulate economic growth, it risks undermining social equity and labor justice. The paper concludes by suggesting policy reforms that balance economic development with the protection of workers’ rights and the promotion of inclusive growth.
Co-Authors Adinda Intan Cahyani Ahmad Gelora Mahardika Ananya Radhika Reddy Andry Setiawan Aprila Niravita, Aprila Aqila Acyuta Endrosava Arifah Mulyadina Aurelia Dinda Sasikirana Bayangsari Wedhatami Bima Wicaksono Nugroho Cindy Ayu Prasasi Danu Ibrahim Dhani Ardiansyah Duhita Driyah Suprapti Eko Mukminto Eva Rutnauli Sinaga Fadli Syahreza Fieldo Nurviyan Ferdinand Firdaus Mario Nathanael Indah Sri Utari Julinar Tyara Maharani Pasaribu Marshanda Aulia Putri Martitah Mega Mei Intan Sari Muhammad Azil Maskur Muhammad Pandhu Wicaksono Najma Kusumawardhani Mustika Putri Nayla Marwa Nur faizah Ningsih, Ayup Suran Nurul Fibrianti Pratama Herry Herlambang Putri Balqis Nuril Hakim Quinny Azalia Putri Rahmat Dwi Putranto Rakrian Ajar Legowo Rizqika Farah Isnugraheny Rodiyah - Rohmat Rohmat Salman Alfarisi Sang Ayu Putu Rahayu Shely Bersa Mustiana Syafana Hanifah de Vries Tri Sulistiyono Umar Mubdi Wahanani Leila Arfah Windiahsari Windiahsari