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DEMOCRATIC CHALLENGES OF INDONESIA IN THE SOCIAL MEDIA ERA Nunik Nurhayati; Rohmad Suryadi
Diponegoro Law Review Vol 2, No 2 (2017): Diponegoro Law Review October 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (448.019 KB) | DOI: 10.14710/dilrev.2.2.2017.105-114

Abstract

The era of social media today bring significant change to democracy in Indonesia. Social media can to bring the expansion of the public space in cyberspace, citizens can directly deliver aspirations regarding the state policy. However, on the other side, social media vulnerable to abuse because of many the anonymous account, which acts as the buzzer political influence public perceptions and to get political support but is not elegant way. This shows, social media provides a challenge to democracy, including Indonesia as a third largest country that has access to the social media in the world's. Based on it’s the problems, this research aims to identify the impact of the social media on democratic life, and how the challenges of democracy in Indonesia ahead in the social media today.This Research using qualitative methods. Data collection through the study of literature. Then analyzed with a critical discourse analysis. The results of the study showed that the impact of social media in Indonesia has brought problems such as hoax, which is currently a serious concern of the government. Attempts were made through the campaign against hoax and make regulation, Information and Electronic Transactions Law (ITE Law), which aims to regulate the use of social media and to prevent hoaxes. The life of democracy in Indonesia receive significant challenges,but of the repressive laws against users of social media may actually weaken the democratic life in Indonesia.
Legal Certainty of The Positive Fictive Policy In Business Licensing Through The Online Single Submission Risk-Based Approach System In Indonesia Nurhayati, Nunik; Giftian Fajri Rustyono; Achmad Miftah Farid; Rohmad Suryadi
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.12009

Abstract

This study aims to analyze the positive fictitious licensing policy under the Job Creation Law and assess its legal certainty using Gustav Radbruch’s philosophical framework. The background of this research arises from Indonesia’s legal reform agenda to streamline licensing through the OSS-RBA system. However, this reform raises concerns regarding legal certainty and institutional accountability. The urgency of this study lies in the regulatory ambiguity, lack of procedural safeguards, and removal of judicial oversight. Using a normative juridical method with statutory and conceptual approaches, the study finds that the current policy does not fully meet Radbruch’s four standards of legal certainty. Specifically, it suffers from unclear legal norms, insufficient factual grounding, unstable legal framework, and weak institutional implementation—such as the absence of a Presidential Regulation, undefined verifier responsibilities, and lack of integration between central and local systems. The study concludes that the positive fictitious mechanism needs substantial normative refinement to ensure fairness, transparency, and predictability. The novelty of this research lies in its philosophical approach to evaluating administrative legal reform, offering a deeper lens beyond procedural analysis. As a policy implication, the government should urgently issue implementing regulations, reestablish judicial review, and develop integrated technical guidelines to strengthen OSS-RBA's legal reliability and effectiveness.
State Authority In The Digital Society And E-Commerce Regulation Suryadi, Rohmad; Oktaviana, Lusi; Herwiyanto, Herwiyanto; Nurhayati, Nunik
Jurnal Hukum Volkgeist Vol. 9 No. 2 (2025): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v9i2.7457

Abstract

This study critically analyzes the role of the state in the digital society through e-commerce policy, focusing on Indonesia’s Minister of Trade Regulation No. 31 of 2023. Using a normative juridical method with regulatory inventory, systematic legal norm analysis, legal interpretation, and normative evaluation approaches, the research examines how this regulation addresses the transformation of trade activities in the digital era. The findings reveal that the regulation affirms the state's dual role as regulator and protector within the digital ecosystem by stipulating business licensing requirements for domestic and foreign actors, enforcing consumer protection, implementing affirmative policies for MSMEs, regulating electronic advertising, and strengthening law enforcement against violations. The study’s novelty lies in its integrative analysis combining juridical and public policy perspectives, highlighting that effective e-commerce governance requires synergy between digital law frameworks, business actors’ digital literacy, and strengthened institutional capacity of the state to ensure an inclusive, fair, and sustainable digital ecosystem. It recommends enhancing business actors' literacy on digital legal compliance and bolstering state institutional capacities in supervision and enforcement to maximize the strategic objectives of e-commerce policies, thereby supporting Indonesia's digital sovereignty and economic transformation.
Implementasi Tata Kelola Perusahaan Untuk Mereduksi Manajemen Laba Oktaviana, Lusi; Suryadi, Rohmad; Purnasari, Dewi; Handayani, Fitri
Economics and Digital Business Review Vol. 7 No. 1 (2025): Agustus - Januari
Publisher : STIE Amkop Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37531/ecotal.v7i1.3036

Abstract

The purpose of this study was to find outempirical evidence about the effect of managerial ownership, institutional ownership, public ownership, board of commissioners, independent board of commissioners, executive compensation on earnings management. Samples in the study were 106 manufacturing companies that had been selected by purposive sampling method. The analysis method uses multiple linear regression analysis techniques, proving that managerial ownership, institutional ownership, executive compensation does not effect earnings management. Public ownership, independent board of commissioners has negative effect earnings management and board of commissioners has positive effect earnings management.