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All Journal Jurnal Smart Hukum (JSH) Lex Publica
Sopian
Universitas Islam Batang Hari, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Criminal Sanctions and Personal Data Protection in Indonesia Kukuh Dwi Kurniawan; Deassy J. A. Hehanussa; Rahmat Setiawan; Indah Susilowati; Sopian; Desmarani Helfisar
Lex Publica Vol. 11 No. 2 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.2.2024.255

Abstract

This research analyzes Indonesia's Law Number 27 of 2022 on Personal Data Protection (Law on Personal Data Protection), focusing on its regulatory framework and institutional strengthening efforts. The study employs a normative legal research approach with a descriptive-analytical method, examining primary legal materials such as Law Number 27 of 2022 and secondary sources including relevant academic literature. To provide a global perspective, comparisons are drawn with the General Data Protection Regulation (GDPR) in the European Union, the Personal Data Protection Act (PDPA) in Singapore, and the Act on the Protection of Personal Information (APPI) in Japan. The findings reveal that while the Law on Personal Data Protection provides a comprehensive framework for personal data protection, its implementation faces significant challenges, including low public awareness, insufficient readiness in the business sector, and limited enforcement capacity of supervisory institutions. Strengthening institutional frameworks and enhancing public understanding of data privacy rights are critical steps toward addressing these challenges. Although criminal sanctions are stipulated in the law, their application has yet to be evaluated in depth, as this research primarily focuses on regulatory analysis. Suggestions include developing robust technological and organizational measures to secure data and fostering international collaboration in managing cross-border data flows to align with global standards. Further research is recommended to assess the effectiveness of criminal sanctions in deterring data breaches and their role in enhancing the overall efficacy of Indonesia's personal data protection framework.
Restorative Justice Approach in Juvenile Criminal Cases: Legal Implementation and Challenges in the Indonesian Criminal Justice System Ica Karina; Suhendar; Sopian; Rabith Madah Khulaili Harsya
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2105

Abstract

This article examines the implementation of the restorative justice approach in juvenile criminal cases within the Indonesian criminal justice system, with a specific focus on diversion as mandated by Law No. 11 of 2012 on the Juvenile Criminal Justice System (Undang-Undang Sistem Peradilan Pidana Anak/UU SPPA). Indonesia has formally adopted restorative justice as a guiding principle in handling children in conflict with the law, emphasizing the best interests of the child, rehabilitation, and social reintegration rather than retribution. Despite this strong normative framework, empirical evidence shows a persistent gap between legal ideals and practice, including low diversion rates at the national level and significant regional disparities. Using a qualitative research design based on doctrinal analysis and literature review, this study explores the legal basis of restorative justice, its operationalization through diversion at the stages of investigation, prosecution, and trial, and the multi-dimensional challenges that hinder its effective application. The findings indicate that legal, institutional, and socio-cultural obstacles—such as regulatory disharmony, limited institutional capacity, insufficient training of law enforcement officials, and a prevailing punitive legal culture—constrain the realization of restorative justice. The article concludes by offering recommendations to strengthen regulatory coherence, build capacity for restorative mediation, and promote a child-rights oriented legal culture as prerequisites for optimizing restorative justice in juvenile cases
Co-Authors Deassy J. A. Hehanussa Desmarani Helfisar Ica Karina Indah Susilowati Kurniawan, Kukuh Dwi Rabith Madah Khulaili Harsya Rahmat Setiawan Suhendar