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All Journal POLITICA: Jurnal Hukum Tata Negara dan Politik Islam Qonun Jurnal Hukum Islam dan Perundang-Undangan Lex Publica Jurnal Kajian Pembaruan Hukum
Mimi Sintia Mohd Bajury
Universiti Teknologi Mara, Malaysia
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Why Do the EU and Singapore Protect E-Commerce Consumers Better Than Indonesia? Elva Elva; Hari Sutra Disemadi; Nurlaily Nurlaily; Mimi Sintia Mohd Bajury
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 2 (2025): July-December
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i2.53695

Abstract

This study addresses the pressing research problem of how Indonesia’s existing legal enforcement framework fails to protect consumers from irresponsible e-commerce practices, in contrast with more advanced jurisdictions such as Singapore and the European Union. The primary objective of the research is to examine and compare the enforcement models employed in Indonesia, Singapore, and the EU, with a view to identifying strengths and gaps that may inform reforms in Indonesia’s legal system. Using normative legal research, employing both comparative legal and statutory approaches, the study relies on secondary legal materials and regulations from all three jurisdictions, and analyses them through descriptive qualitative methods underpinned by Progressive Legal Theory. The findings show the EU's leadership in data protection enforcement through strong turnover-based sanctions, independent supervisory bodies, cross-border dispute resolution, and rigorous due diligence. Singapore demonstrates moderate effectiveness through accessible consumer forums, robust PDPC enforcement, and compliance tools such as CaseTrust, though its scope remains limited. Indonesia lags behind, hindered by weak sanctions, fragmented oversight, underdeveloped dispute resolution mechanisms, and a lack of independent enforcement. These insights underscore the need for Indonesia to adopt systemic reforms, including turnover-based penalties, an independent data authority, integrated online dispute resolution, and coordinated regulatory frameworks, shifting from formalistic rules toward a progressive legal ecosystem that upholds consumer protection, accountability, and digital trust.
Assessing the Implementation of ACTIP in Combating Child Trafficking: A Comparative Study of Indonesia, Malaysia, and Vietnam Abdurrakhman Alhakim; Mimi Sintia Mohd Bajury; Winsherly Tan; Hanifah Ghafila Romadona; Tantimin Tantimin
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14530

Abstract

Child trafficking has continued to happen in Southeast Asia despite the ratification of ACTIP for ASEAN members like Indonesia, Malaysia, and Vietnam. This prompts the need for an assessment of ACTIP enforceability, which is a research gap that has remained underexplored. The ACTIP benchmarking and the focus on Indonesia, Malaysia, and Vietnam serve as the core novelty of this study, with the objective of assessing ACTIP standards and their enforceability in the said ASEAN member states. Findings show that Indonesia has normative disharmony and lacks a clear basis for victim-identification mechanisms. Malaysia demonstrates stronger alignment but retains serious loopholes around marriage, adoption, parental consent, and limited immunity. Vietnam provides stronger victim-support mechanisms but suffers from conflicting age thresholds and problematic non-punishment protection. In response, this study devises practical recommendations for each jurisdiction, with Indonesia recommended to focus on harmonizing its trafficking and child-protection frameworks, Malaysia to remove said loopholes while expanding non-punishment protection, and Vietnam to prioritize aligning its Penal Code with ACTIP’s under-18 standard. This study contribute to the literature on ASEAN anti-trafficking law by showing that ACTIP compliance must be assessed not only through ratification, but also through the domestic legal mechanisms required to make its standards enforceable
Digital Advertising as a Threat to Consumer Privacy: A Comparative Legal Analysis Nurlaily Nurlaily; Lu Sudirman; Mimi Sintia Mohd Bajury; Hari Sutra Disemadi; Ninne Zahara Silviani
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol. 9 No. 2 (2025)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/qj.v9i2.12656

Abstract

The rapid growth of digital advertising as a key component of the digital economy has intensified concerns over the protection of personal data and privacy rights. The primary legal problem addressed in this research is the inability of Indonesia’s current data protection framework to adequately regulate data-driven digital advertising practices and prevent unlawful identification of individuals, particularly when compared to South Korea’s more advanced regulatory regime. This study aims to comparatively analyze the legal frameworks governing personal data and privacy protection in digital advertising in Indonesia and South Korea and to propose a legal development model for Indonesia. This research employs a normative legal research method using a comparative statutory approach, focusing on Indonesia’s Law on Personal Data Protection and South Korea’s Personal Information Protection Act, along with its enforcement regulations. Legal norms are examined through statutory provisions and supported by relevant legal and academic literature. The findings demonstrate substantial regulatory disparities between the two countries. South Korea has established a comprehensive and technologically responsive legal framework, incorporating detailed data classification, recognition of pseudonymized data, strict profiling limitations, and strong institutional enforcement. In contrast, Indonesia’s legal framework remains structurally limited, relies heavily on undelivered implementing regulations, and insufficiently addresses indirect identification and advanced data-processing practices in digital advertising. This study proposes targeted legal reforms for Indonesia, including the integration of pseudonymization, enhanced data classification, criminalization of unlawful identification, and mandatory tracking notifications to strengthen privacy protection in the digital advertising ecosystem.
Human Rights Protection in Business Practices: Between Social Responsibility and Legal Compliance Winsherly Tan; Wan Rosalili Wan Rosli; Yudhi Priyo Amboro; Mimi Sintia Mohd Bajury; Elizabeth Gunawan
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.293

Abstract

This study examines human rights protection in business practices in Indonesia, emphasizing the role of corporations in respecting, protecting, and redressing the rights of workers and communities. Although Indonesia has ratified international instruments such as the ICESCR and enacted sectoral laws such as Law No. 13 of 2003 concerning Manpower, Law No. 32 of 2009 concerning Environmental Protection, and the Job Creation Law, human rights violations remain rampant, including substandard wages, suppression of labor unions, violations of indigenous peoples' rights, and limited access to redress mechanisms. Using a normative-empirical approach, this study analyzes national laws and international standards through descriptive analysis. The findings indicate that wage and worker welfare policies serve as important indicators of respect for human rights, while corporate practices often prioritize economic efficiency over ethical obligations. This study underscores the urgent need to integrate the UN Guiding Principles on Business and Human Rights into Indonesia's legal framework.
Digital Democracy and Open Finance Technology: Advancing Transparency and Consumer Digital Rights Yudhi Priyo Amboro; Peter Macnico; Winsherly Tan; Mimi Sintia Mohd Bajury
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.295

Abstract

This research explores the role of Open Finance in strengthening Indonesia’s digital democracy, with a focus on transparency, digital consumer rights, and data oversight. While Open Finance has the potential to increase financial inclusion through the integration of alternative data for marginalized groups, such as MSMEs and rural communities, the practice of massive data sharing risks threatening democratic principles, such as data being vulnerable to mass surveillance, algorithmic discrimination, and weak regulatory accountability. A comparative analysis of the UK (CMA Order) and Australian (Consumer Data Rights) regulatory models highlight the importance of algorithmic transparency, granular consumer control over data, and public participation mechanisms in policymaking. In Indonesia, the suboptimal implementation of the Personal Data Protection Law (PDP Law), the digital literacy gap, and disparities in technological infrastructure are key challenges.
Co-Authors Abdurrakhman Alhakim Disemadi, Hari Sutra Elizabeth Gunawan Elva Elva FL. Yudhi Priyo Amboro, FL. Yudhi Priyo Hanifah Ghafila Romadona Lu Sudirman Nurlaily Nurlaily Peter Macnico Silviani, Ninne Zahara Tan, Winsherly Tantimin, Tantimin Wan Rosalili Wan Rosli