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All Journal Diponegoro Law Review Mulawarman Law Review Jurnal Dinamika Hukum
Devty, Stephanie
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Law, Crime, Criminology & Criminal Justice

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Are there International Labour Standards? Case of Migrant Workers’ Exploitation in Italy Gunawan, Yordan; Ansar, Muhammad Arya; Fathi, Muhammad; Devty, Stephanie; Irrynta, Dwilani
Jurnal Mulawarman Law Review Vol 7 No 2: Mulawarman Law Review - December 2022
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v7i2.905

Abstract

The increasingly fierce competition in the world of work has an impact on people getting jobs. The condition makes most people become migrants by traveling to other countries to find a job for a decent life in the future. However, the work that migrant workers get is often not as expected, so the rights of migrants are often not fulfilled. The amount of violence in the world of work and the non-fulfillment of the rights of migrant workers in Italy is an act that violates human rights. Therefore, the authors wrote this article by using normative legal research method to analyze migrant workers in Italy who are exploited by forced labor and the lack of protection regarding the minimum wage for migrant workers and also aims to analyze the role of the International Labour Organization as an organization that protects the rights of migrant workers, including protection from violence and protection of the minimum wage for migrant workers in Italy. The result shows that there is an urgency for Italy to ratify the Minimum Wage Convention on the grounds that it diminishes the exploitation of migrant workers and provides binding legal force for the sake of migrant workers.
SECURING PERSONAL DATA IN E-KYC: VITAL FOR DIGITAL ECONOMY GROWTH Fitriyanti, Fadia; Devty, Stephanie; Putri, Syahmilian; Thora, Reyhan Edgarda
Diponegoro Law Review Vol 9, No 1 (2024): Diponegoro Law Review April 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.1.2024.104-120

Abstract

As the world enters the era of Industrial Revolution 4.0, Indonesia's creative industry has tremendous potential for economic growth. During this transformation, the digital economy of financial services, such as e-KYC (electronic Know Your Customer), has emerged as a crucial element for authenticating banking and financial technology customers. To safeguard consumer data, e-KYC procedures typically employ electronic methods, such as facial recognition and biometric scanning. In addition to qualitative analysis and secondary data, this research employs legal methodology to evaluate the protection of consumers’ personal dataThis study also aims to better understand the impact of the Personal Data Protection Law on the e-KYC process and its function in driving the growth of the digital economy. This study contributes to a deeper understanding of Indonesia’s evolving digital landscape and economic outlook by emphasizing the legal framework governing consumer data protection. The results of this study indicate that customer personal data in the implementation of e-KYC are already protected by the newly enacted Personal Data Protection Law No. 27 of 2022.
Comparative Analysis of Juvenile Criminal Liability: The Indonesian and Malaysian Approaches to Defence of Infancy Susila, Muh Endriyo; Devty, Stephanie
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.16062

Abstract

The minimum age at which children can be held criminally liable is a central issue in juvenile criminal justice because it reflects how the law defines childhood, liability, and the state’s obligations toward child offenders. This study examines how Indonesia and Malaysia design and apply the defence of infancy and how these choices influence the treatment of children in conflict with the law. The study aims to analyse the conceptual foundations, mechanisms, and practical consequences of the minimum age for establishing criminal liability in both jurisdictions. This study relies entirely on secondary data drawn from legislation, judicial decisions, academic literature, and official documents. Indonesian materials include the Juvenile Justice System Law of 2012 and several illustrative judgments, such as Decision Number 23/Pid.Sus-Anak/2025/PN Lbp, Decision Number 127/Pid.Sus/2012/PN.Bi, and Decision Number 1/Pid.Sus-Anak/2022/PN.Sbr. Malaysian sources include the Child Act of 2001, the Malaysian Penal Code, and case law such as Child v Public Prosecutor [2020] MLJU 13944. The findings show that Indonesia adopts a fixed statutory minimum age of twelve accompanied by diversion and restorative justice mechanisms, while Malaysia applies the doctrine of doli incapax, granting absolute immunity to children under ten and a rebuttable presumption for those aged ten to twelve, with greater reliance on institutional rehabilitation. These differences shape how liability is assessed and how children are processed, rehabilitated, and reintegrated into society. Based on these observations, the study suggests that Malaysia could benefit from expanding restorative practices, while Indonesia requires stronger and more consistent implementation of its existing restorative framework.
Co-Authors Ansar, Muhammad Arya Fathi, Muhammad Fitriyanti, Fadia Irrynta, Dwilani Putri, Syahmilian Susila, Muh Endriyo Thora, Reyhan Edgarda Yordan Gunawan