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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Journal of Indonesian Constitutional Law
Maheran Makhtar
Faculty of Law and International Relations, Universiti Sultan Zainal Abidin, Malaysia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Complexity of Notarial Law in Indonesia: Application of the Concordance Principle Satrio Abdillah; Norhasliza Ghapa; Maheran Makhtar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3490

Abstract

This research aims to examine the urgency of implementing the concordance principle in the complex practice of notarial practice in Indonesia. The research method uses a thematic analysis approach, which is carried out by carefully examining a number of previous research documents and other relevant sources of information. To facilitate in-depth analysis, this study used Nvivo 12 Plus data analysis software. This research reveals that the application of the concordance principle in notarial practice in Indonesia has a significant impact. This principle creates legal certainty, protects public interests, increases efficiency, and supports harmonization with international standards. This also helps prevent legal conflicts, improve notary professionalism, and establish a strong and fair notarial system. By integrating diverse legal sources, the concordance principle maintains the continuity of quality notarial practice in Indonesia while enabling the country to remain in harmony with the demands of the international community in the areas of law and human rights.
An Analysis of the Legal and Human Rights Protection for Cyberbullying for Athletes in Malaysia Thieveeya Krishnan; Yamunaa Nyanasekaran; Maheran Makhtar
Journal of Indonesian Constitutional Law Vol. 3 No. 2 (2026): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v3i2.234

Abstract

This study critically evaluates the efficacy of Malaysia’s statutory and human rights frameworks in safeguarding athletes against the rising tide of cyberbullying and online abuse. Operating within a high-performance environment where performative toxicity and performance-triggered vitriol are prevalent, athlete protection remains severely hindered by statutory fragmentation, legislative ambiguity, and inadequate procedural mechanisms. The primary catalyst for this research stems from critical legislative gaps, specifically, the lack of explicit statutory definitions for the terms bullying and cyberbullying, combined with inadequate penal sanctions and fragmented procedural mechanisms. Employing a mixed doctrinal and qualitative empirical methodology comprising statutory critique, comparative legal analysis against statutory models in Singapore and Australia, and semi-structured interviews with 16 national athletes, this paper exposes major structural defects in existing Malaysian legislation, including the Communications and Multimedia Act (CMA) 1998, Penal Code, Minor Offenses Act 1955, Defamation Act 1957 and Evidence Act 1950. Singapore and Australia were selected as comparative jurisdictions due to their advanced, purpose-built legal frameworks governing cyberbullying and digital harm... The findings demonstrate that Malaysia’s existing legal framework remains inadequate in addressing the complex realities of cyberbullying, with empirical evidence from 16 national athletes revealing significant emotional, psychological, and professional consequences arising from digital harassment, thereby highlighting the urgent need for a more coherent and rights-based regulatory framework.
Co-Authors Norhasliza Ghapa Satrio Abdillah Thieveeya Krishnan Yamunaa Nyanasekaran