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The Urgency of Establishing a Supervisory Agency for the Implementation of Personal Data Protection in the Implementation of the Personal Data Protection Law Cantik, Dhea; Prabawati Rahmahani, Adhining
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.332

Abstract

The rapid development of digital technology has increased the need for personal data protection in Indonesia, but has not been matched by the presence of an effective supervisory agency as mandated by Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The problem formulation in this study is to analyze the ideal form of the position and independence of the PDP supervisory agency within the concept of an independent state institution and analyze the urgency of establishing a personal data protection supervisory agency in the context of implementing the PDP Law. This study uses a normative juridical method with a legislative approach to Articles 58–61 of the PDP Law, reinforced by scientific literature related to the design of independent state institutions. The results of the study indicate that the authority of the supervisory agency as stipulated in the PDP Law is regulatory, supervisory, investigative, and administrative sanction enforcement, thus requiring the existence of an agency that is institutionally, functionally, and organizationally independent. The increasing number of personal data leaks and the potential for conflicts of interest if the supervisory function is placed under a ministry emphasizes the urgency of establishing an independent supervisory agency. In conclusion, the PDP supervisory agency should ideally be designed as an independent state agency with full authority, and the establishment of a supervisory agency is urgent to ensure the effectiveness of the implementation of the PDP Law.
Implementation of Legal Certainty Regarding the Terms of the Fixed Term Employment Agreement in Job Creation Law Cahyaningtyas, Bening; Prabawati Rahmahani, Adhining
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.334

Abstract

The Job Creation Law, particularly regarding the employment law cluster, does not optimally implement legal certainty, resulting in weakened legal protection for workers. The problem formulation in this study is how legal protection for workers with contract status, and how legal certainty is implemented in the provisions of the fixed-term employment agreement (PKWT). This study applies normative juridical methods and a statutory approach, examines regulations based on legislation, and is supported by relevant primary, secondary, and tertiary legal sources. The results show that legal uncertainty in the provisions of the PKWT period creates legal loopholes and creates opportunities for flexibility, which has the potential to weaken workers' basic rights. Legal certainty in the provisions of the PKWT period plays a crucial role because it is directly related to legal protection for workers' basic rights. Regulations containing legal certainty aim to ensure that provisions are clear, predictable, fair, and do not create legal loopholes that could harm either party. The study concludes that the implementation of legal certainty in the provisions of PKWT is not optimal, which does not provide certainty for workers so that workers become continuous contract workers, resulting in weakened legal protection for workers. Therefore, the government needs to improve regulations and increase supervision, in order to create ideal and fair industrial relations.