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All Journal LAW REFORM Jambura Law Review Journal of Strafvodering Indonesian
Sukma, Ahmad Novindri Aji
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Law, Crime, Criminology & Criminal Justice Other

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Electronic Criminal Justice in Indonesia: Challenges and the Future Measures Barlian, Aristo Evandy A.; Latipulhayat, Atip; Rusmiati, Elis; Wulandari, Widati; Sukma, Ahmad Novindri Aji
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27805

Abstract

Electronic trials represent a radical innovation within the judicial system, viewed as a means to simplify and facilitate access to justice for those seeking it. However, electronic criminal trials continue to present both legal and technical challenges. This writing aims to explore the development of electronic criminal trials in Indonesia and compare them with several other countries. It also outlines the issues and challenges involved, while proposing future measures to ensure electronic trials function as intended. The approach used in this paper is based on statutory and comparative methods. The findings indicate that radical innovations, particularly in electronic trials, highlight the need for sustainability, but also reveal legal and technical challenges. The legal aspect concerns the level of regulation within the Supreme Court Regulations, which ideally should be elevated to the level of the Criminal Procedure Code. There is also ambiguity regarding the criteria for implementing electronic criminal trials. Compared to the United States, where clear criteria are established, Indonesia lacks such clarity. On the technical aspect, challenges such as unequal access to the internet, network disparities, and limited human resources need to be addressed. For the future success of electronic criminal trials, it is necessary to establish clear regulations at the level of the Criminal Procedure Code; provide equal network access to ensure electronic trials can be conducted in all courts across Indonesia; improve the quality of electronic trial services, especially for vulnerable groups (such as the elderly and people with disabilities); and enhance data security systems to protect personal information, as demonstrated by Kyrgyzstan.
Digital Government Post-Reform in Indonesia: Normative Developments and Implementation by State Organizing Institutions Setyawan, Yhannu; Erliyana, Anna; Makarim, Edmon; Sjarif, Fitriani Ahlan; Dewi, Lia Riesta; Sukma, Ahmad Novindri Aji
LAW REFORM Vol 21, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i1.68556

Abstract

Digital development has had a positive impact on public services; however, it has also introduced various legal challenges. This study aims to examine the direction of policy, legal preparedness in Indonesia, and the participatory role of Indonesian society in the digital sphere, particularly in relation to the development and implementation of Digital Government in Indonesia since the post-1998 reform era. This research employs a normative legal methodology, focusing primarily on secondary legal sources.The analysis reveals that the implementation of Digital Government in Indonesia following the reform period remains hindered by sectoral egos, leading to a lack of integration among state institutions in enhancing public services through the Digital Government framework. The study concludes that there is an urgent need for the establishment of a dedicated law on Digital Government, as well as the creation of a specialized state institution responsible for regulating, implementing, and evaluating Digital Government initiatives in Indonesia. Such measures are essential to ensure that public services are delivered in an efficient, accountable, transparent, fast, accessible, and cost-effective manner.
Juridical Review of Taxpayer Data Protection in Cases of Misuse of Digital Tax System Access Judijanto, Loso; Sukma, Ahmad Novindri Aji
Journal of Strafvordering Indonesian Vol. 2 No. 4 (2025): JOSI - SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/jmp85v50

Abstract

The development of information technology has driven a significant transformation in the tax administration system in Indonesia through the digitization of services such as e-filing, e-billing, and the integration of NIK as an NPWP. This modernization aims to increase efficiency, transparency, and compliance, but at the same time poses serious risks in the form of leakage and misuse of taxpayers' personal data. Tax data is very sensitive because it includes identity, financial information, economic transactions, and compliance records, which in Law No. 27 of 2022 concerning Personal Data Protection (PDP Law) is categorized as specific data with high protection standards. In the legal context, the protection of taxpayer data is strengthened by Article 28G paragraph (1) of the 1945 Constitution and Article 34 of the KUP Law which requires tax officials to maintain confidentiality. The Directorate General of Taxes (DGT) as a data controller has the obligation to manage data in a legal, proportionate, and secure manner by implementing encryption, access control, and incident notification mechanisms. Failure to carry out these obligations can have administrative, civil, and criminal consequences. This study uses a normative juridical method with a statutory and conceptual approach to assess the effectiveness of taxpayer legal protection in digitalization. The results of the study emphasized the importance of harmonizing the PDP Law and the KUP Law as well as strengthening the DGT institution so that legal protection is more comprehensive, transparent, and able to maintain public trust in the digital tax system.
Co-Authors Anna Erliyana Atip Latipulhayat Barlian, Aristo Evandy A. Dewi, Lia Riesta Edmon Makarim Judijanto, Loso Rusmiati, Elis Setyawan, Yhannu Sjarif, Fitriani Ahlan Widati Wulandari