Journal of Business, Management and Social Studies
Vol. 5 No. 3 (2025): Journal of Business, Management, and Social Studies

Igniting the Spirit of the Personal Data Protection Law: Advancing Justice, Ethics, and Institutional Reform in Indonesia’s Digital Legal Politics

Hamonangan, Marcellius Kirana (Unknown)
Silalahi, Wilma (Unknown)



Article Info

Publish Date
20 Jun 2025

Abstract

This study investigates the legal and institutional challenges in implementing Law Number 27 of 2022 on Personal Data Protection (PDP Law) in Indonesia, with a particular focus on its capacity to uphold justice, ethical governance, and technological accountability in the digital age. This study employs a juridical-empirical approach through a comprehensive literature-based analysis. It integrates classical legal theories such as the Rechtsstaat principle and Gustav Radbruch’s Trichotomy of Law, alongside modern frameworks, including Responsive Law, Living Law, the concept of the Digital Panopticon, and Behavioral Law. This study reveals that the current PDP Law suffers from several deficiencies, notably the absence of an independent supervisory authority, the lack of explicit mechanisms for algorithmic oversight and the right to explanation, and inadequate remedies for data breach victims. These issues hinder the law’s effectiveness in confronting the complexities of digital society. This study introduces a cross-generational theoretical framework that connects foundational legal principles with contemporary digital realities. It offers a normative and institutional pathway to reform Indonesia’s data protection regime towards a more just, ethical, and human-centered legal order.

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Journal Info

Abbrev

JBMS

Publisher

Subject

Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Social Sciences Other

Description

The focus and scope of Journal of Business, Management, and Social Studies (JBMS) is in the fields of economics, business, and management, including but not limited to finance and banking, regional economy, marketing management, human resource management, entrepreneurship. The publication frequency ...