Zaenudin, KM Ibnu Shina
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Journal : Rechtsvinding

Development and Evolution of Indonesian Law from the Perspective of Development Law Theory Risnandar, Aep; Zaenudin, KM Ibnu Shina
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.893

Abstract

This research examines the development of Indonesian law from the perspective of the Theory of Development Law proposed by Mochtar Kusumaatmadja, emphasizing the role of law as a proactive agent in social transformation. Using a normative-juridical approach, the analysis focuses on strategic regulations such as the Investment Law and the Job Creation Law, which, despite aiming to boost economic growth, still fail to fundamentally address social inequality. This paper also explores the challenges of the digital age, particularly digital inclusion, data protection, and algorithmic fairness, which are becoming increasingly crucial in legal systems. The research results indicate that the current development of Indonesian law is more focused on economic growth, but is not yet effective enough in addressing social and economic inequality. The law needs to be reformed to be more just and inclusive, providing real protection for marginalized groups, and developing law theory must adapt to the digital era and the data economy. Digital regulation is important for data protection and inclusion, as well as leveraging technology to ensure justice and equitable access in technology-based development. These findings propose more inclusive and just legal reforms, focusing on strengthening legal institutions and culture to protect marginalized groups and ensure equal and transparent legal access for all members of society, and digital regulations must be developed to guarantee the protection of personal data, digital inclusion, and transparency using the latest technologies, so that the benefits of digital transformation can be felt equally without creating new disparities.
Reinterpretation of the Principle of Family, Chapter 33 of the 1945 Constitution of the Republic of Indonesia in the Era of Platform Capitalism within the Framework of the Modern Economy of the 21st Century Zaenudin, KM Ibnu Shina; Nurhayati, Rika; Bakar, Bakar
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1404

Abstract

The modern economy, which relies on Big Data architecture and sophisticated algorithms, presents a disturbing information loop in today's development landscape. This research uses a normative-empirical legal research method (socio-legal research) with a contextual and comparative approach. Philosophically, the principle of kinship in Chapter 33 of the 1945 Constitution of the Republic of Indonesia rejects the liberal anthropological view that views humans solely as rational, selfish, profit-seeking creatures. In relation to the implementation of the contemporary social function of the digital economy, this demands a bold regulatory strategy to counter the concentration of power in the digital oligarchy. The first strategy is to redefine data ownership through the establishment of Data Cooperatives or Data Trusts. By making workers the owners of the platform, profits no longer flow abroad or to a handful of investors but circulate back into the worker community itself, creating a healthy and equitable economic circulation as mandated by Article 33 of the 1945 Constitution of the Republic of Indonesia.