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All Journal Jurnal Hukum Lex Generalis Journal of Business, Management and Social Studies Journal of Mutidisciplinary Issues
Hamonangan, Marcellius Kirana
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Law as a Tool of Social Engineering in Indonesia: Revisiting Roscoe Pound Theory and Its Application to Legal Reform Rasji, Rasji; Chandra, William; Hamonangan, Marcellius Kirana
Journal of Business, Management, and Social Studies Vol. 4 No. 3 (2024): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v4i3.102

Abstract

This article examines the role of law as an instrument of social engineering within the framework of sociological jurisprudence, focusing on its application in the Indonesian legal system. The study employs a normative juridical approach with conceptual, historical, and comparative methods to analyze how legal structures can influence social transformation. Findings indicate that while the theoretical foundation aligns with Indonesia’s aspiration for justice and reform, practical implementation often lacks systemic integration and responsiveness to societal needs. By mapping these gaps, the research proposes a conceptual framework for enhancing the law’s role in achieving equitable and adaptive legal reform. This contribution bridges classical legal theory with the realities of Indonesia’s legal development, highlighting the importance of aligning philosophical ideals with practical governance.
Urgensi Kodifikasi Hukum Perdata Internasional (HPI) di Indonesia pada Era Digital: Kajian Yuridis-Empiris Terhadap Tantangan Lintas Negara dan Kebutuhan akan Kepastian Hukum Hamonangan, Marcellius Kirana; Lie, Gunardi
Journal of Multidisciplinary Issues Vol 5 No 2 (2025): Journal of Multidisciplinary Issues
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jmis.v5i2.74

Abstract

ABSTRACT Objective This study investigates the urgency of codifying Private International Law (PIL) in Indonesia as a strategic legal response to the rapid expansion of cross-border private legal interactions in the digital era. The research asks: What legal codification model can best address jurisdictional conflicts and legal uncertainties arising from transnational digital activities? Methodology Using a juridical-empirical approach, the study combines doctrinal analysis with comparative legal research. The analysis is supported by theoretical frameworks including social systems theory, responsive law, legal politics, and digital regulatory theory. Comparative evaluation is conducted across six countries—Germany, Japan, the Netherlands, Singapore, the UK, and Australia. Findings The research reveals that Indonesia’s current legal system lacks a coherent, codified framework for PIL. Legal uncertainty arises in handling transnational disputes, cross-border data breaches, and enforcement of foreign judgments. By contrast, civil and common law countries have adopted codified or flexible jurisprudential approaches to ensure clarity and adaptability. The study finds that Indonesia urgently needs a hybrid PIL codification model to align with the digital and global legal ecosystem. Novelty This study is among the first to position the codification of PIL as a legal-political and technological imperative, rather than a purely doctrinal concern. Its interdisciplinary framework integrates comparative insights and theories of digital law, offering a contextual roadmap for national legal reform. It proposes an adaptive hybrid codification model responsive to cross-border digital disputes and legal sovereignty concerns. Keywords: Private International Law; Conflict of Laws; Digital Jurisdiction; Legal Codification; Transnational Legal Protection
Hukum sebagai Alat Rekayasa Sosial: Gagasan Roscoe Pound dan Relevansinya Bagi Reformasi Hukum di Indonesia Rasji; Chandra, William; Hamonangan, Marcellius Kirana
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.989

Abstract

This article aims to examine the concept of law as a tool of social engineering based on Roscoe Pound’s theory and its relevance within the Indonesian legal system. The study employs a normative juridical approach, using conceptual, historical, and comparative methods. Findings show that although Indonesia adopts a civil law system with legalistic tendencies, social engineering through law is still possible via legislative reform and strengthening law as an agent of change. The adapted ideas of Pound by Mochtar Kusumaatmadja and Satjipto Rahardjo indicate that law must remain responsive and adaptive to social demands. This article emphasizes the importance of integrating legal theory with public policy in advancing national legal reform.
The Urgency of Establishing a Legal Regime for the Right of Publicity in Indonesia: A Study of Legal Politics and International Comparison Hamonangan, Marcellius Kirana
Journal of Business, Management, and Social Studies Vol. 5 No. 3 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i3.125

Abstract

This study investigates the urgency of establishing a dedicated legal regime for the Right of Publicity in Indonesia. It explores how the country’s fragmented regulatory landscape fails to adequately protect personal identity attributes such as name, image, and voice, especially in the face of AI, deepfakes, and the global digital economy. The primary research question is: How should Indonesia respond to the digital commercialization of identity through legal reform? This research employs a normative legal method supported by a legal-political framework, human rights theory, law and economics, and comparative legal analysis. It examines Indonesian laws, international instruments, and comparative frameworks from the United States and the European Union. The study finds that Indonesia lacks a coherent legal regime to protect the commercial use of personal identity. The existing protections across the Copyright Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law are fragmented and insufficient. Comparative analysis reveals that while the U.S. treats the Right of Publicity as an economic right, the EU embeds it in personality and data protection laws. The paper advocates for regulatory reform to fill the legal vacuum. This paper provides a novel interdisciplinary approach by integrating legal politics and comparative law with human rights and economic theories. It uniquely proposes a hybrid model for Indonesia’s legal reform—drawing from both the U.S. and EU—while recommending a dedicated statute or integration into IP or PDP laws, supported by ethical guidelines, digital literacy campaigns, and a semi-independent regulatory body.
Igniting the Spirit of the Personal Data Protection Law: Advancing Justice, Ethics, and Institutional Reform in Indonesia’s Digital Legal Politics Hamonangan, Marcellius Kirana; Silalahi, Wilma
Journal of Business, Management, and Social Studies Vol. 5 No. 3 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i3.130

Abstract

This study investigates the legal and institutional challenges in implementing Law Number 27 of 2022 on Personal Data Protection (PDP Law) in Indonesia, with a particular focus on its capacity to uphold justice, ethical governance, and technological accountability in the digital age. This study employs a juridical-empirical approach through a comprehensive literature-based analysis. It integrates classical legal theories such as the Rechtsstaat principle and Gustav Radbruch’s Trichotomy of Law, alongside modern frameworks, including Responsive Law, Living Law, the concept of the Digital Panopticon, and Behavioral Law. This study reveals that the current PDP Law suffers from several deficiencies, notably the absence of an independent supervisory authority, the lack of explicit mechanisms for algorithmic oversight and the right to explanation, and inadequate remedies for data breach victims. These issues hinder the law’s effectiveness in confronting the complexities of digital society. This study introduces a cross-generational theoretical framework that connects foundational legal principles with contemporary digital realities. It offers a normative and institutional pathway to reform Indonesia’s data protection regime towards a more just, ethical, and human-centered legal order.
Co-Authors Lie, Gunardi Rasji Rasji, Rasji Silalahi, Wilma William Chandra