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p-Index From 2021 - 2026
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This Author published in this journals
All Journal RechtIdee Journal of Creative Power and Ambition (JCPA)
Agus Wardhono
Universitas Dr. Soetomo Surabaya
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Impact of Legal Regulations on Innovation in Digital Donation Platforms for Youtube Streamers Agus Wardhono; Wahyu Prawesthi; M Syahrul Borman; Toong Hai Sam; Taffy Faiq Syahmi
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.30065

Abstract

This study investigates the regulatory implications for the development of digital donation platforms in Indonesia, with a particular focus on Saweria, which is widely utilized by YouTube content creators. The advancement of digital technology has facilitated innovative fundraising through donation-based crowdfunding, yet it simultaneously generates potential risks of misuse. Employing a normative juridical research approach, this study examines the vulnerability of digital donation platforms—initially intended to serve as financial support mechanisms—to exploitation for unlawful purposes, notably the dissemination and promotion of online gambling activities. The findings indicate that although the Information and Electronic Transactions Law (ITE Law), particularly Article 27 paragraph (2) jo. Article 45 as amended by Law No. 1 of 2024, stipulates prohibitions on gambling-related content with sanctions of up to six years imprisonment and/or administrative fines of IDR 1 billion, its enforcement continues to encounter evidentiary and procedural constraints. The study emphasizes the necessity for more specific regulatory frameworks, enhanced platform security, increased awareness among content creators, and coordinated multi-stakeholder collaboration to develop adaptive safeguards against digital criminality.
Discretionary Authority of Government Officials in State Administrative Law: Between Effectiveness and Accountability Agus Wardhono
Journal of Creative Power and Ambition (JCPA) Vol. 4 No. 01 (2026): Journal of Creative Power and Ambition (JCPA)
Publisher : CV Edujavare Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70610/jcpa.1236

Abstract

Discretion is an important instrument in governance to ensure the effectiveness of public services, particularly in situations of legal vacuum, unclear norms, or urgent situations. However, the use of discretion by government officials also has the potential for abuse, which can undermine the principles of accountability and legal certainty. This article aims to analyze the concept of discretion in state administrative law and examine the legal limits of its use to ensure alignment with the principles of the rule of law and good governance. This study uses normative legal research methods with legal, conceptual, and doctrinal approaches. The results show that discretion can only be justified if it is implemented based on legitimate government objectives, based on general principles of good governance, and accompanied by clear accountability mechanisms. Strengthening the accountability aspect in the use of discretion is a key prerequisite for preventing abuse of authority and ensuring effective governance. Thus, the regulation and oversight of government officials' discretion contribute to strengthening effective, accountable, and transparent public institutions.
Co-Authors M Syahrul Borman Taffy Faiq Syahmi Toong Hai Sam Wahyu Prawesthi