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All Journal Supremasi Hukum: Jurnal Penelitian Hukum JILS (Journal of Indonesian Legal Studies)
Amiruddin, A.M Adzkiya'
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Establishing Indonesia’s Personal Data Protection Agency: Comparative Administration Sanctions Enforcement from Ireland, Australia, and Singapore 'Aisy, Firsta Rahadatul; Maskur, Muhammad Azil; Amiruddin, A.M Adzkiya'
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.13755

Abstract

In the digital era, technological advancements have enabled governments and corporations to streamline services and expand market reach, often leading to the collection and transfer of personal data without the knowledge of data subjects. This poses significant risks to constitutional rights. Indonesia’s Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) aims to address these risks, yet frequent data breaches indicate ineffective enforcement of administrative sanctions due to the absence of an independent authority. This study analyzes the urgency of establishing a Personal Data Protection Agency in Indonesia, evaluates current sanctions under the PDP Law, and compares the enforcement mechanisms of data protection agencies in Ireland, Australia, and Singapore. Using a normative legal approach with qualitative methods, the research finds that these countries’ independent agencies effectively enforce data protection laws and administrative sanctions. The study reveals significant enforcement shortcomings in Indonesia, underscoring the need for a dedicated authority to prevent violations and protect personal data rights. By adopting best practices from Ireland, Australia, and Singapore, Indonesia can enhance its data protection framework. Immediate action by the President to establish this authority through a Presidential Regulation is crucial for safeguarding personal data in the digital age.
Reformulation Of The Policy On The Placement Of Reclamation And Post-Mining Guarantee Funds Based On The Polluter Pays Principle Amiruddin, A.M Adzkiya'
Supremasi Hukum: Jurnal Penelitian Hukum Vol 34 No 2 (2025)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.2.160-178

Abstract

This study aims to describe and analyze the placement of reclamation and post-mining guarantee funds in mining activities. These funds serve as an economic instrument that compels license holders to carry out post-mining recovery. However, compliance among license holders in placing reclamation and post-mining guarantee funds remains problematic. In addition, this research seeks to analyze the reformulation of policies regarding the placement of reclamation and/or post-mining guarantee funds as an environmental economic instrument. The research method employed is normative juridical research with a descriptive analysis model. The findings show that after licenses are issued, many license holders fail to fulfill their obligation to place guarantee funds, resulting in disrupted environmental recovery activities. Under the prevailing regulations, the obligation to place reclamation and post-mining guarantee funds is imposed on IUP/IUPK holders after obtaining a license. With such a regulatory model, many IUP/IUPK holders neglect and fail to deposit the required funds. The current concept of placing reclamation and post-mining guarantee funds, which requires submission after license is issued by government, has led to non-compliance by license holders. Therefore, the concept of guarantee fund placement must be reformulated.
Co-Authors 'Aisy, Firsta Rahadatul Muhammad Azil Maskur