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All Journal Limbago: Journal of Constitutional Law PUSKAPSI Law Review Jurnal Hukum dan Keadilan Nomico Scientica Education Journal (SEJ) Maneggio Journal of Adat Recht Journal of Strafvodering Indonesian Leges Privatae Kamara Journal EduTech Journal Ipso Jure
Noviya, Anis
Unknown Affiliation
Humanities Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : Ipso Jure

 1 
Privacy, Surveillance, and Constitutional Rights in the Digital State Marudut Hasugian; Noviya, Anis
Ipso Jure Vol. 3 No. 1 (2026): Ipso Jure - February
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/1w6a2t71

Abstract

The transformation of Indonesia into a digital state has intensified the use of digital surveillance technologies, including big data analytics, biometric systems, and algorithmic monitoring, in the name of public administration, security, and governance efficiency. While these developments promise administrative effectiveness, they simultaneously pose serious constitutional challenges to the protection of privacy as a fundamental right. This article examines the normative position of privacy within Indonesia’s constitutional framework and analyzes the problem of normative ambiguity surrounding state surveillance in the digital era. Employing normative juridical research with statute, conceptual, and case approaches, this study identifies the absence of clear constitutional limits on surveillance authority, vague standards for public interest and national security justifications, and weak mechanisms of accountability and oversight. The findings demonstrate that such ambiguity risks legitimizing an over-surveillance state and undermines legal certainty and substantive constitutional protection. This article argues that privacy in the digital state must be reconstructed as a core constitutional safeguard through clear legal bases, proportionality requirements, mandatory judicial authorization, and independent supervisory mechanisms, ensuring a balanced relationship between state power and fundamental rights.
Legal Responsibility in Smart Contracts in Blockchain Transactions Aslina, Neri; Noviya, Anis
Ipso Jure Vol. 3 No. 1 (2026): Ipso Jure - February
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/d8kn5x96

Abstract

The development of blockchain technology has given rise to smart contracts as a self-executing, decentralized, code-based contractual mechanism. Their presence poses conceptual and normative challenges in the Indonesian contract law system, particularly regarding the legal standing and construction of the parties' responsibilities amidst a normative vacuum. This study aims to analyze the legal status of smart contracts from the perspective of Indonesian civil law and to formulate a relevant legal liability model for blockchain-based transactions. The research method used is normative legal research with statutory, conceptual, and analytical approaches. Primary legal materials include the Civil Code, the Electronic Transactions and Transactions Law, and regulations related to electronic transactions, while secondary legal materials include doctrine, liability theory, and literature on blockchain. The results show that smart contracts can be qualified as agreements as long as they meet the valid requirements of an agreement as stipulated in Article 1320 of the Civil Code. However, their immutable and automated nature creates tensions with the principles of freedom of contract and good faith. The identification of legal subjects in the blockchain ecosystem includes users, developers, validators, and platforms, with liability models that can be based on fault liability or the possibility of strict liability under certain conditions. The absence of norms has the potential to give rise to disparities in interpretation and legal uncertainty, so that a normative reconstruction is needed that is adaptive to the character of decentralization to ensure legal certainty, justice, and benefits.
Commercialization of Citizen Data by Digital Platforms: Between Legality and Exploitation Noviya, Anis; Sagena, Unggul
Ipso Jure Vol. 2 No. 11 (2025): Journal of Ipso Jure-December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/beqpfa97

Abstract

The commercialization of citizens’ personal data has become a core element of digital platform business models through profiling, targeted advertising, and data analytics. The legality of such practices is commonly justified through user consent as the legal basis for data processing. In practice, however, consent is often formalistic and reflects an imbalance of bargaining power between platforms and users. This condition raises legal questions regarding the boundary between lawful data management and digital exploitation of privacy rights. This study aims to analyze the legality of data commercialization by digital platforms and to examine whether such practices constitute exploitation under personal data protection law. Using a normative juridical method with statutory, conceptual, and limited comparative approaches, this study finds a normative conflict between personal data protection principles and data driven economic practices legitimized by consent. Formal compliance does not necessarily ensure substantive privacy protection. The study concludes that restrictive interpretation of consent and stronger platform accountability are required to prevent the normalization of data exploitation in the digital economy.
Co-Authors Amanda Amruddin, Amruddin Arfa'i Arianti, Fitri Aslina, Neri Christiaan, Pemy Dwi Retno Mulyanti Faradina, Anggia Firayani, Firayani I Nengah Simpen Judijanto, Loso Marudut Hasugian Meri Meri Yarni Merung , Arteurt Yoseph Muhamad Romdoni Nurwijayanti Rahmat Purnomo, Rahmat Rosalia, Olyvia Sagena, Unggul Said, Sadly Ashari Siddiqi, M. Siyamsih, Dwi Susianto, Tri Endar Tasya, Amalia Wijaya, Ismed