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All Journal Awang Long Law Review Sinergi International Journal of Law Mawaddah: Jurnal Hukum Keluarga Islam Legalis : Journal of Law Review
Watofa, Yohana
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice

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Planning your dream home safely: Understanding Regulations and Avoiding Public Housing Savings Breaches Salabay, Rosita; Watofa, Yohana; Mansawan, Isak
Sinergi International Journal of Law Vol. 2 No. 3 (2024): August 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i3.174

Abstract

The reality is that having a decent home is still the dream of most people, especially those with middle to lower income. The scarcity between the need and availability of houses is still an unresolved problem, so access to decent and affordable housing is still very limited. This study investigates Government Regulation Number 25 of 2020 and Law Number 4 of 2016, which respectively regulate the operation of the Public Housing Savings Fund (Tapera). The purpose of this study is to understand the Tapera regulations and identify administrative violations that may occur. This research method uses a descriptive approach to understand regulations and identify forms of administrative violations and sanctions in the implementation of Tapera. The results show that to ensure the continuity of the program, the management of Tapera funds must be carried out in a transparent and accountable manner. The government and financial institutions must ensure that fund management is carried out with high transparency and accountability. Administrative sanctions imposed for violations of the provisions of this law are very important to ensure the stability and sustainability of the Tapera program.
Legal Frameworks and Land Acquisition: A Study of Infrastructure Development in Decentralized Manokwari Ullo, Epidika; Watofa, Yohana; Bernhard, Jefry
Legalis : Journal of Law Review Vol. 2 No. 3 (2024): July 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i3.269

Abstract

This research discusses land acquisition to promote infrastructure in Manokwari, West Papua Province. Infrastructure development in this city, as the capital of the province, has significant challenges related to land acquisition, dispute resolution, legal protection, community participation, and project sustainability. Civil law plays a crucial role in regulating these aspects, which include land acquisition regulations, civil conflict resolution, protection of individual rights, and public participation. The research used a qualitative approach to analyze primary and secondary data, including interviews and Focus Group Discussions (Focus Group Discussion  (FGDS), to identify challenges and solutions in civil law implementation. The results show that while there is a clear legal framework, effective implementation requires improved coordination, transparency, and public participation to ensure sustainable infrastructure development that benefits the people of Manokwari.
Inheritance Rights Of Unmarried Children In Indonesian Civil Law: A Normative And Comparative Study Mayangsari, Nur; Watofa, Yohana; Sassan, Jonhi
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 2 (2024): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i2.44

Abstract

Amidst the increasing trend of pre-marital relationships and infidelity in Indonesia, The number of children born outside of marriage has also risen. However, ironically, these children are often marginalized by social stigma and discrimination, and experience uncertainty about their legal rights, including inheritance rights. This study examines the normative and comparative aspects of the inheritance rights of children born out of wedlock in Indonesian civil law. Rights of inheritance of children born out of wedlock are restricted to the estates of their mother and the mother's family, according to Indonesian legal tradition, as laid out in the Civil Code (KUHPerdata). But with the Constitutional Court's ruling No. 46/PUU-XIV/2017, which expanded their right to inherit from their biological father under some circumstances, a breath of fresh air arrived. Using a qualitative normative and comparative approach, this study examines the Constitutional Court's ruling, the Civil Code, and the Collection of Islamic Law (KHI).  A comparison of the inheritance rights of out-of-wedlock children in Indonesia with other countries is also conducted. The research findings show that although extramarital children were initially excluded from their father's inheritance, they are now recognized as having such rights under certain conditions. However, the implementation of this decision is still hindered by social stigma and lack of public awareness. To ensure efficient execution and handle ongoing socioeconomic difficulties, Indonesia's inheritance rights for children born out of wedlock are a complex and dynamic matter that requires ongoing work.
ANALYSIS OF THE RESPONSIBILITIES OF THE ORGANIZER OF THE ELECTRONIC SYSTEM IN CASE OF DATA BREACH Rumbruren, Anthon; Watofa, Yohana
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1549

Abstract

The cases of data breaches in Indonesia have been increasing over the past few years, raising serious concerns regarding the protection of users' personal data in electronic systems. This research aims to analyze the legal responsibilities of electronic system organizers (PSE) in data breach cases from the perspective of Indonesian law. The analysis focuses on the applicable regulatory framework, forms of responsibility, and the effectiveness of its implementation. This study employs a normative juridical method with a legislative approach and case studies. Primary data is obtained through an analysis of the ITE Law, Government Regulation 71/2019, and regulations related to data protection, while secondary data is collected from significant case studies of data breaches that have occurred in Indonesia. The research findings indicate that the legal responsibilities of PSE in data breaches encompass civil, administrative, and criminal aspects. Although the PDP Law has been enacted, Indonesian regulations remain less comprehensive, particularly concerning mandatory security standards and breach notification mechanisms. Law enforcement faces challenges such as proof difficulties, the complexity of foreign PSE jurisdiction, and limited sanctions. Compared to the EU's GDPR, Indonesian regulations are not as strict and progressive in proactive obligations and strong penalties. The study recommends strengthening regulations with a strict liability principle, establishing minimum security standards, clear notification mechanisms, and refining proportional administrative and criminal sanctions.
Co-Authors Bernhard, Jefry Mansawan, Isak Mayangsari, Nur Rumbruren, Anthon Salabay, Rosita Sassan, Jonhi Ullo, Epidika