Kiki Kristanto
Dosen Fakultas Hukum Universitas Palangka Raya

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Exceptions to the Right to Be Forgotten in Relation to Press Freedom in the Digital Era Theon Charles; Kiki Kristanto; Rizki Setyowibowo Sangalang
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1467

Abstract

The rapid development of technology has significantly transformed the dissemination and accessibility of information in Indonesia. With 77% of the population being internet users in 2023, issues surrounding personal data protection and freedom of the press are becoming increasingly critical. The "Right to be Forgotten" (RTBF), inspired by the European Union's GDPR framework, has been incorporated into Indonesia's Personal Data Protection Act No. 27 of 2022. This legislation grants individuals the right to erase personal data under certain conditions. However, this right faces challenges when it intersects with press freedom, a cornerstone of democracy. The Indonesian law does not explicitly address the exemption of RTBF in the context of freedom of expression and public interest reporting, unlike the GDPR. This gap potentially poses a threat to journalistic activities, especially in reporting sensitive issues like legal proceedings or public figures' misconduct. This study employs a legal research method with statute, conceptual, and comparative approaches to analyze this intersection. The findings highlight the need for balanced regulations that protect personal privacy without undermining press freedom. As such, considering technological advancements and societal needs, is essential for ensuring the coexistence of these fundamental rights.
Embezzlement in the Private Sector: Legal Challenges and Regulatory Gaps in Corporate Governance Kiki Kristanto; Muhamad Adystia Sunggara; Mas Putra Zenno Januarsyah; Pita Permatasari; Vicko Taniady
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.24881

Abstract

This study critically examines the issue of embezzlement in the private sector, a form of white-collar crime that continues to pose significant threats to corporate integrity, investor trust, and economic stability. Despite its prevalence and damaging consequences, legal responses remain fragmented both at the level of national legislation and international legal harmonization. Using a normative legal method with statutory, conceptual, comparative, and futuristic approaches, this research systematically analyzes the underlying legal and institutional deficiencies and formulates reform-oriented recommendations. Drawing on statutes, case law, academic doctrines, and cross-jurisdictional practices, the study identifies key regulatory gaps: the absence of a consistent legal definition of private sector embezzlement, weak enforcement mechanisms, and insufficient corporate accountability provisions. Comparative insights from jurisdictions such as the United States, Germany, and Singapore highlight the effectiveness of integrated models combining criminal sanctions, internal compliance obligations, and external oversight. In light of these findings, the study proposes targeted reforms in Indonesian corporate law particularly to clarify corporate criminal liability, mandate real-time internal controls, and establish independent ethics committees. These proposals are intended to guide lawmakers, regulatory bodies, and corporate policymakers toward developing more effective enforcement mechanisms and corporate governance structures. Ultimately, the study underscores that embezzlement is not merely a legal infraction but a systemic governance failure requiring coordinated legal, institutional, and ethical responses across national and international levels.