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Lex Publica
Published by Asosiasi Pimpinan Perguruan Tinggi Hukum Indonesia
ISSN : 23549181     EISSN : 25798855     DOI : https://doi.org/10.58829/lp
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Lex Publica (e-issn 2579-8855; p-issn 2354-9181) is an international, double blind peer reviewed, open access journal, featuring scholarly work which examines critical developments in the substance and process of legal systems throughout the world. Lex Publica published biannually online every June and December by Asosiasi Pimpinan Perguruan Tinggi Hukum Indonesia (APPTHI) and managed by Institute of Social Sciences and Cultural Studies (ISOCU), aims at critically investigating and pursuing academic insights of legal systems, theory, and institutions around the world. Lex Publica encourages legal scholars, analysts, policymakers, legal experts and practitioners to publish their empirical, doctrinal and/or theoretical research in as much detail as possible. Lex Publica publishes research papers, review article, literature reviews, case note, book review, symposia and short communications on a broad range of topical subjects such as civil law, common law, criminal law, international law, environmental law, business law, constitutional law, and numerous human rights-related topics. The journal encourages authors to submit articles that are ranging from 6000-8000 words in length including text, footnotes, and other accompanying material.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 11 No. 2 (2024)" : 5 Documents clear
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.
Emerging Trends in Rural Governance: A Bibliometric Analysis of Policies and Strategies for Developing Underprivileged Villages Yandri Susanto; Suwarno Suwarno; Benny Hutahayan
Lex Publica Vol. 11 No. 2 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.2.2024.270

Abstract

This study investigates emerging trends in rural governance, focusing on policies and strategies for the development of underprivileged villages. A bibliometric analysis of relevant publications from 2020 to 2024 was conducted to identify key patterns and trends in rural governance research. The findings highlight the significance of decentralization, community empowerment, and participatory governance in enhancing rural development. Key challenges, such as poverty, geographic isolation, and limited infrastructure, are emphasized as barriers to sustainable growth in underprivileged villages. The study also explores the role of leadership, stakeholder engagement, and digital technologies in improving governance capacity. A holistic approach integrating evidence-based policy-making, local community involvement, and technological advancements is recommended to address these challenges. The research offers insights into the global context of rural governance, with Indonesia emerging as a key focus for development strategist.
Repositioning the Tax Court Within Indonesia’s Constitutional Framework: Judicial Independence and Institutional Reform Gunawan Setiyaji; Ali Abdillah
Lex Publica Vol. 11 No. 2 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.2.2024.273

Abstract

The 1945 Constitution of the Republic of Indonesia serves as the highest legal foundation, outlining state objectives and the role of judicial institutions. However, the Tax Court, established under Law No. 14 of 2002, lacks explicit constitutional recognition, unlike the Administrative Court (PTUN), which is regulated under Law No. 51 of 2009. This study examines the need to reposition the Tax Court within the Indonesian judicial system, aligning it with Article 24 paragraph (2) of the 1945 Constitution to ensure judicial independence and consistency. Using a normative-empirical legal approach, the research integrates legal rules, principles, and doctrinal analysis with an evaluation of legislative ethics. Data sources include primary legal materials (Constitution, taxation laws, and judicial power laws), secondary materials (books, journals, articles), and tertiary references (legal dictionaries, encyclopedias). Data collection methods encompass observation, interviews, and documentation, analyzed through qualitative normative methods to provide holistic and contextual solutions. The findings highlight the necessity of repositioning the Tax Court under the Supreme Court to enhance judicial independence, as current oversight by the Ministry of Finance and the Supreme Court undermines its effectiveness. Additionally, amendments to Article 24 paragraph (2) of the 1945 Constitution are proposed to separate the Tax Court from the PTUN, improve legal certainty, and ensure a more effective and equitable tax adjudication system. This reform is crucial for strengthening Indonesia’s judicial framework and upholding the rule of law.
Legal Implications of the Merauke Food Estate: A Critical Analysis of Customary Rights and Environmental Concerns Finda Pratiwi Yuwono
Lex Publica Vol. 11 No. 2 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.2.2024.274

Abstract

The Food Estate program in Merauke, part of Indonesia's National Strategic Project (PSN), aims to enhance food security through large-scale land management. However, its implementation has faced significant criticism for disregarding the Free, Prior, and Informed Consent (FPIC) principle, leading to violations of the rights of Indigenous Peoples and severe environmental degradation, including extensive deforestation. The involvement of military personnel in facilitating the program further complicates the situation, drawing international scrutiny, particularly in light of Indonesia's participation in COP29. This study employs a normative legal research method with a qualitative approach, analyzing secondary data from various sources, including laws, regulations, books, journals, and online resources. The findings reveal that the Merauke Food Estate program exhibits substantial flaws in planning and execution, neglecting sustainable development principles and the FPIC standard. The study also suggests that conflict resolution mechanisms, such as class action lawsuits, could be a viable solution, provided these processes are grounded in FPIC principles and actively involve MHA to ensure equitable outcomes for affected communities.
Legal Risks in Co-Working Spaces and Consumer Protection Challenges in Custody Agreements and Cybersecurity Amelia Firdausa Duana; Septian Oloan Sihombing; Ashari Ashari; Hetiyasari Hetiyasari
Lex Publica Vol. 11 No. 2 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.2.2024.277

Abstract

This study examines the legal challenges and gaps in consumer protection related to custody agreements in co-working spaces in Indonesia. With the growing popularity of co-working spaces, consumers face significant issues such as the burden of proof in cases of lost or stolen items, unreasonably low compensation limits, and a lack of awareness about their legal rights. Existing legal frameworks, including Law No. 8/1999 on Consumer Protection (UUPK) and the Indonesian Civil Code (KUHPerdata), provide basic consumer rights but fail to address emerging risks such as cybersecurity threats, data protection, and complex service contracts in the co-working space context. Through a normative legal research methodology, this study analyzes the adequacy of current laws and proposes specific reforms to enhance consumer protection. It recommends updates to the UUPK, including clear guidelines on physical and digital security, consumer contract transparency, and liability for loss or damage, particularly concerning digital goods. The study also suggests strengthening dispute resolution mechanisms, incorporating modern technologies like biometric identification and blockchain for improved security and transparency, and establishing industry-wide standards. Lastly, it emphasizes the importance of consumer education and advocacy to ensure that users are aware of their rights. By implementing these recommendations, Indonesia can ensure a more secure and equitable co-working space environment.

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