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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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Challenges and Solutions in Implementing the Anti-Terrorism Law in Indonesia Noviya, Anis
Journal of Adat Recht Vol. 2 No. 1 (2025): MAY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/4m1wct64

Abstract

Counterterrorism is a top priority for Indonesia's national security, as regulated in Law No. 5 of 2018 on the Eradication of Criminal Acts of Terrorism. Although this law provides a comprehensive legal framework for dealing with terrorism, its implementation in the field faces significant challenges. This study aims to explore the main challenges in the implementation of the Anti-Terrorism Law and identify potential solutions to address these problems. The method used in this study is a qualitative approach, with data collection techniques through in-depth interviews with legal practitioners, analysis of legal and policy documents, and case studies of several terrorism incidents in Indonesia. The results of the study indicate that the main challenges include lack of coordination between institutions, limited resources and training, and issues related to human rights. This study also found that potential solutions include increasing cooperation between institutions, providing better training, and strengthening oversight mechanisms to ensure that law enforcement does not violate basic rights. These findings are expected to provide valuable insights for policymakers and legal practitioners in improving the effectiveness of the implementation of the anti-terrorism law in Indonesia.
The Effectiveness of Restorative Legal Approach in Handling Organized Crime in Indonesia Noviya, Anis
Journal of Strafvordering Indonesian Vol. 1 No. 4 (2024): JOSI-SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/jye5fh61

Abstract

ABSTRACT The restorative legal approach is an alternative method in handling crime that focuses on restoring relationships between perpetrators, victims, and the community, and prioritizes rehabilitation rather than punitive punishment. In Indonesia, where organized crime often involves complex networks and broad social impacts, this approach offers the potential to overcome challenges that exist in the conventional criminal justice system. This study aims to evaluate the effectiveness of the restorative legal approach in the context of handling organized crime in Indonesia. The research method used is qualitative, with data collection techniques through in-depth interviews with legal practitioners, law enforcement officials, and representatives of rehabilitation institutions, as well as document analysis and case studies related to the implementation of the restorative approach. The results of the study indicate that although the restorative legal approach can provide a more humanistic and constructive solution in some cases, significant challenges include resistance to change from the existing legal system, the need for training and a deeper understanding of this approach, and effective integration between restorative law and the existing criminal law system. This study suggests that in order to increase the effectiveness of this approach, there is a need for systemic reform, increased training, and the development of policies that support the implementation of restorative law in handling organized crime
Corruption in Infrastructure Projects: Case Studies and Juridical Analysis Noviya, Anis; Samsidar, Samsidar; Romdoni, Muhamad
Journal of Strafvordering Indonesian Vol. 2 No. 2 (2025): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/gzfyp749

Abstract

The infrastructure sector in Indonesia is one of the most vulnerable arenas to corruption because of its capital-intensive, complex, and multi-year characteristics. Projects such as the construction of toll roads, bridges, and other public facilities are often abused through budget mark-ups, fictitious procurement, and collusion in auctions. This study aims to analyze the application of Article 2 and Article 3 of Law Number 20 of 2001 in tackling corruption in infrastructure projects. Using a normative juridical approach and case studies, this study highlights that corruption in infrastructure projects is systemic, involves many actors, and is difficult to dismantle due to weaknesses in the procurement, oversight, and legal proofing systems. The results of the study show that the effectiveness of these articles is greatly influenced by the context of implementation in the field, including the understanding of law enforcement officials of the project corruption modus operandi. In addition, weak surveillance systems, low transparency, and technical and political obstacles exacerbate the situation. Therefore, legal reform is not enough if it is not accompanied by institutional reform and digitalization of accountable procurement. In conclusion, the eradication of infrastructure corruption must be carried out through a comprehensive, interdisciplinary, and adaptive legal approach to the complexity of project governance in the public sector.
Education for Sustainable Development in Southeast Asia: Focus on Initiatives in Indonesia Noviya, Anis
EduTech Journal Vol. 1 No. 2 (2024): JET-SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/yazwnb37

Abstract

Education plays a critical role in achieving the Sustainable Development Goals (SDGs), particularly in Southeast Asia, which is undergoing rapid social and economic transformation. This article explores education initiatives for sustainable development in Indonesia, highlighting efforts to improve access to and quality of education and their impact on social and environmental sustainability. The main focus is on innovative programs oriented towards strengthening local skills, increasing environmental awareness, and integrating SDG principles into educational curricula. By analyzing initiatives from various sectors, this article provides insights into the challenges and opportunities in implementing sustainable education in Indonesia and its relevance for Southeast Asia as a whole.
Challenges in the Implementation of Criminal Law for Sexual Crime Cases in Indonesia Noviya, Anis
Journal of Adat Recht Vol. 1 No. 5 (2025): JANUARI-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5gwqwh28

Abstract

Sexual crimes are one of the most serious crimes and deeply affect the victims. In Indonesia, although there are various laws regulating the handling of sexual crimes, the implementation of criminal law in these cases faces various challenges. This study aims to explore and analyze the main challenges in the application of criminal law to cases of sexual crimes in Indonesia, using a qualitative approach. This research method includes in-depth interviews with legal practitioners, including police officers, prosecutors, judges, and non-governmental organizations that focus on sexual crime issues. In addition, this study also conducted an analysis of relevant case studies and legal documents. The data collected were analyzed using thematic analysis techniques to identify and categorize the main challenges faced in the implementation of criminal law. The results of the study indicate that the main challenges in the implementation of criminal law for cases of sexual crimes. This study concludes that in order to improve the effectiveness of the implementation of criminal law in cases of sexual crimes, reforms are needed that include increased coordination between institutions, special training for law enforcers, and changes in social perceptions of victims of sexual crimes. These recommendations are expected to help create a more responsive and fair criminal justice system for victims of sexual crimes in Indonesia
Constitutional Complaint Sebagai Instrumen Perlindungan Hak Konstitusional: Perbandingan Indonesia, Jerman, dan Korea Selatan Noviya, Anis; Yarni, Meri; Arfa'i
PUSKAPSI Law Review Vol. 5 No. 2 (2025): Desember 2025 (On Progress)
Publisher : Pusat Pengkajian Pancasila dan Konstitusi (PUSKAPSI) FH UNEJ

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/puskapsi.v5i2.53829

Abstract

Penelitian ini mengkaji urgensi pengaturan constitutional complaint sebagai mekanisme perlindungan hak konstitusional warga negara dalam sistem ketatanegaraan Indonesia. Selama ini, belum tersedia instrumen hukum yang memungkinkan warga negara mengajukan pengaduan langsung atas pelanggaran hak konstitusional oleh tindakan negara, sehingga menimbulkan kekosongan mekanisme perlindungan hak yang efektif. Kondisi tersebut juga menunjukkan keterbatasan peran Mahkamah Konstitusi dalam memberikan jaminan keadilan konstitusional secara menyeluruh. Penelitian ini bertujuan untuk menganalisis konsep, landasan normatif, serta kemungkinan penerapan constitutional complaint di Indonesia, dengan membandingkannya terhadap praktik yang telah diterapkan di Jerman dan Korea Selatan. Metode yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan, konseptual, dan perbandingan, serta menggunakan bahan hukum primer dan sekunder yang relevan. Hasil penelitian menunjukkan bahwa penerapan constitutional complaint di Jerman dan Korea Selatan telah terbukti efektif dalam menegakkan prinsip supremacy of constitution dan memperkuat perlindungan hak warga negara. Oleh karena itu, Indonesia perlu mempertimbangkan penerapan mekanisme serupa yang disesuaikan dengan karakteristik sistem hukumnya untuk mewujudkan perlindungan hak konstitusional yang lebih komprehensif dan berkeadilan.
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.
Implications of the Implementation of the New Indonesian Penal Code in 2026 on Legal Certainty and Human Rights Arianti, Fitri; Noviya, Anis
Jurnal Hukum dan Keadilan Vol. 3 No. 2 (2026): JHK - February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i2.549

Abstract

The reform of national criminal law through Law Number 1 of 2023 concerning the Criminal Code marks a paradigm shift from a colonial legacy to a codification oriented toward Pancasila values ​​and the protection of human rights. Its full enactment in 2026 raises fundamental questions regarding its implications for legal certainty and the guarantee of citizens' constitutional rights. This study aims to analyze the consistency of the principle of legality, the lex certa principle, and their compliance with human rights standards, including the International Covenant on Civil and Political Rights. The method used is normative legal research with a statutory, conceptual, and analytical-prescriptive approach, through a review of primary and secondary legal materials and grammatical, systematic, and teleological interpretations. The results show that the new Criminal Code normatively strengthens the national codification and integrates more humanistic and restorative criminal goals. However, the expansion of material legality through the recognition of living law in society and the existence of several formulations of crimes with the potential for multiple interpretations poses the risk of legal uncertainty and disproportionate restrictions on rights. Therefore, the success of the Criminal Code reform depends heavily on the consistency of constitutional interpretation, strengthening of due process of law, and the mechanism for testing norms to ensure a balance between legal certainty and the protection of human 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 Faradina, Anggia Firayani, Firayani I Nengah Simpen Judijanto, Loso Marudut Hasugian Meri Meri Yarni Merung , Arteurt Yoseph Muhamad Romdoni Mulyanti, Dwi Retno Nurwijayanti Rahmat Purnomo, Rahmat Rosalia, Olyvia Sagena, Unggul Said, Sadly Ashari Siddiqi, M. Siyamsih, Dwi Susianto, Tri Endar Tasya, Amalia Wijaya, Ismed