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All Journal Hakim: Jurnal Ilmu Hukum dan Sosial Perkara: Jurnal Ilmu Hukum Dan Politik
Syawal, Ismi Nuris
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Implementation of Personal Data Protection Policy within Indonesia’s Digital Legal System Pratiwi, Berliant; Fadilla, Nayla Nazura; Syawal, Ismi Nuris; Zholanda
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Juni 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/2r46zv36

Abstract

Digitalisation developments in Indonesia are unfolding at a rapid pace, shifting the paradigm of personal data collection and utilisation. However, the significant increase in use has not been matched by an equally rapid development of adequate legal protection frameworks. This study aims to analyse the implementation of the personal data protection policy as outlined in Law Number 27 of 2022 (PDP Law), within the context of Indonesia's digital legal system. Qualitative-descriptive research with a case study method was employed, whereby in-depth interviews, semi-structured questionnaires, and document analysis were used to collect data on 20 participants from the government, the digital industry, and civil society. As the study reveals, significant challenges to the implementation of the PDP Law include low levels of public digital literacy (62%), limited institutional capacity, and resistance from the digital industry. Enabling factors include cross-sectoral collaboration and pressures from global markets. The study contributes theoretically through applications of a multi-actor Digital Governance framework. In contrast, the study's practical contribution appears to be the strategic recommendations to strengthen regulation, institutional capacity, and public literacy. Among the implications is the need to synergise the state, private sector, and civil society to stimulate the establishment of a fair, adaptive, and competitive data protection ecosystem.
The International Legal Framework and Social Justice: An Evaluation of the Effectiveness of Transnational Human Rights Instruments Zholanda; Syawal, Ismi Nuris; Fadilla, Nayla Nazura
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 3 (2025): HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/4mf6xm54

Abstract

The international legal framework is designed to protect human rights, while the question of whether it can bring about social justice is still a matter of debate. The purpose of this study is to evaluate the efficacy of transnational human rights instruments, namely the ICCPR and ICESCR, in addressing inequality and improving social welfare across various countries. In South Africa and Indonesia, effective implementation is hampered by structural and institutional constraints. The most important contribution of the study is its fusion of analyses that are legal, social, and political. Most importantly, the study examines and evaluates how applied using a qualitative evaluative research design with comparative case studies between Sweden, South Africa, and Indonesia, on human rights. The data collection methods include document analysis, interviews, and secondary data from global indices. This article's findings indicate that Sweden has managed to successfully incorporate human rights norms into the legal framework and social protection mechanisms, resulting in high attainment of social justice. Conduct empirical research into the cross-national effectiveness of human rights instruments. The implication of this study suggests that the successful implementation of international human rights instruments depends, to a large extent, on the domestic context and the institutional capacity in question. Beyond the theoretical contribution, the findings also provide practical guidance for global human rights governance. Strengthening international monitoring and reporting mechanisms, as well as aligning them with domestic institutional reforms, can serve as a roadmap for policymakers to design more effective strategies in bridging the gap between normative commitments and tangible social justice outcomes.
Co-Authors Fadilla, Nayla Nazura Pratiwi, Berliant Zholanda