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Indra Ava Dianta
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INDONESIA
Perkara: Jurnal Ilmu Hukum Dan Politik
ISSN : 29887755     EISSN : 29885213     DOI : 10.51903
Core Subject : Humanities, Social,
Sub Rumpun ILMU POLITIK 1 Ilmu Politik 2 Kriminologi 3 Hubungan Internasional 4 Ilmu Administrasi (Niaga, Negara, Publik, Pembangunan, Dll) 5 Kriminologi 6 Ilmu Hukum 7 Ilmu Pemerintahan 8 Ilmu Sosial dan Politik 9 Studi Pembangunan (Perencanaan Pembangunan, Wilayah, Kota) 10 Ketahanan Nasional 11 Ilmu Kepolisian 12 Kebijakan Publik 13 Bidang Ilmu Politik Lain Yang Belum Tercantum Sub Rumpun ILMU SOSIAL 1 Ilmu Kesejahteraan Sosial 2 Sosiologi 3 Humaniora 3 4 Kajian Wilayah (Eropa, Asia, Jepang, Timur Tengah Dll) 5 Arkeologi 6 Ilmu Sosiatri 7 Kependudukan (Demografi, dan Ilmu Kependudukan Lain) 8 Sejarah (Ilmu Sejarah) 9 Kajian Budaya 10 Komunikasi Penyiaran Islam 11 Ilmu Komunikasi 12 Antropologi 13 Bidang Sosial Lain Yang Belum Tercantum
Articles 10 Documents
Search results for , issue "Vol. 3 No. 2 (2025): Juni 2025 : Perkara Jurnal Ilmu Hukum dan Politik" : 10 Documents clear
The Implementation of Personal Data Protection Policy within Indonesia’s Digital Legal System Pratiwi, Berliant; Fadilla, Nayla Nazura; Syawal, Ismi Nuris; Zholanda
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Juni 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/2r46zv36

Abstract

Digitalisation developments in Indonesia are unfolding at a rapid pace, shifting the paradigm of personal data collection and utilisation. However, the significant increase in use has not been matched by an equally rapid development of adequate legal protection frameworks. This study aims to analyse the implementation of the personal data protection policy as outlined in Law Number 27 of 2022 (PDP Law), within the context of Indonesia's digital legal system. Qualitative-descriptive research with a case study method was employed, whereby in-depth interviews, semi-structured questionnaires, and document analysis were used to collect data on 20 participants from the government, the digital industry, and civil society. As the study reveals, significant challenges to the implementation of the PDP Law include low levels of public digital literacy (62%), limited institutional capacity, and resistance from the digital industry. Enabling factors include cross-sectoral collaboration and pressures from global markets. The study contributes theoretically through applications of a multi-actor Digital Governance framework. In contrast, the study's practical contribution appears to be the strategic recommendations to strengthen regulation, institutional capacity, and public literacy. Among the implications is the need to synergise the state, private sector, and civil society to stimulate the establishment of a fair, adaptive, and competitive data protection ecosystem.
The Role of Interpol in Addressing Transnational Cybercrime: A Review of Global Law Enforcement Collaboration in Southeast Asia Kharisma, Dian; Swandiani, Ni Luh Putu Erika; Paliwang, Andi Nur Azizah Ardan
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Juni 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/nrcgp489

Abstract

Transnational cybercrime is emerging today as a significant new worldwide menace, and in Southeast Asia, which is undergoing rapid digitalization but is marked by varying legal and technical capabilities. This paper, therefore, seeks to examine the role of Interpol in contributing strategically to strengthening law enforcement collaboration to combat cybercrime in Southeast Asia. The approach used in this study was descriptive qualitative, particularly case studies. It involved the collection of evidence from 30 official documents, Interpol reports, and scholarly literature dated from 2019 to 2024. The findings revealed that Interpol achieves this through intelligence exchange via the I-24/7 platform, technical training, and joint operations, such as Operation Haechi and Night Fury. Notwithstanding the auspicious connotation birthed by this collaboration, the variations in national capacities, dearth in digital infrastructure, as well as differences in legal frameworks, collectively form rather significant hurdles. Accordingly, this research provides a theoretical contribution towards enhancing understanding of the institutional role in regional cybersecurity and practical contributions in suggesting measures for optimizing cooperation in ASEAN. The interdisciplinary approach employed in this study is a significant innovation in bridging the gap in the literature on the role of international organizations in the fight against transnational cybercrime.
Legal Implications of International Digital Trade Agreements on Personal Data Protection in Foreign Investment in Southeast Asia Laksito, Joni; Rahmawati, Amanda; Hasibuan, Ibnu Habibi; Fahriawan, Hendra
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Juni 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/97gymc88

Abstract

Digital transformation enhances cross-border economic integration through digital trade agreements, such as DEPA, CPTPP, or RCEP, which contain provisions for personal data protection. Southeast Asia, however, still experiences significant regulatory harmonization challenges due to country disparities in laws. This study examines the legal implications of international digital trade agreements on personal data protection systems in Indonesia, Thailand, and the Philippines, as well as their potential impact on the foreign investment climate in these countries. This research uses a normative-comparative juridical approach based on the analysis of 30 purposively selected international and national legal documents. As the Study Findings show, Thailand has the highest level of coherence with international norms concerning data protection, followed by Indonesia (73%) and then the Philippines (54%). This research also proves that legal certainty in data protection has a direct correlation with foreign investment growth in the digital sector. By innovatively contending a new integrated analytical model to link digital trade law and personal data protection, this research contribution offers strategic recommendations for regulating that harmonize the ASEAN region to bolster the secure and inclusive digital investment ecosystem.
The Effectiveness of Digital Consumer Protection Law in Promoting Trust and the Growth of Online Economic Transactions Kriswandaru, Althea Serafim; Fachuda, Fatimah Azzahro; Risma, Siti Sya'ada Alda
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Juni 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/5ayj5t34

Abstract

The development of the digital economy in Indonesia presents both opportunities and challenges that materially affect the effectiveness of legal protection for digital consumers. This study aims to examine the impact of digital consumer protection legislation on consumer trust and its subsequent effect on the growth of online economic transactions. A quantitative approach was employed, surveying 400 active digital consumers in Indonesia using an online survey, and analyzed using multiple linear regression. The results indicate that the effectiveness of laws, especially with respect to regulatory clarity and personal data protection, poses a significant positive influence on consumer trust. Thus, it can be argued that trust drives consumers' intentions to continue digital transactions, leading to the continuous, sustainable growth of the digital economy. At the heart of this research is the legal-and-consumer-behavior approach integrated into an empirical model, with primary focus on the under-researched topic in Indonesia. Practically, this result provides a good platform for consumer-facing policymakers who want to design adaptive regulations and nudge businesses into adopting compliance as a strategy in their efforts to build digital consumer loyalty.
The Effectiveness of Juvenile Diversion in Indonesia, Malaysia, and the Philippines: A Comparative Study of ASEAN Justice Systems Kossay, Methodius; Dalimunteh, Nur Amannah; Sitompul, Abdul Romadon
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Juni 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/v2thtn98

Abstract

The diversion system provides an alternative approach to resolving cases involving children in conflict with the law (CICL), while upholding the values of restorative justice and social reintegration. This study compares the effectiveness of diversion systems in Indonesia, Malaysia, and the Philippines by examining the laws, implementation practices, and outcomes of their application. In a qualitative-comparative approach, data were obtained through in-depth interviews with 30 key informants, document analysis, and limited observation. Research findings indicate that Indonesia and Malaysia exhibited near-comparable effectiveness levels (with an average score of 3.5 within a 1-5 scale), whereby regulatory frameworks and recidivism prevention appeared as Indonesia's strengths, and social reintegration in the community was better in Malaysia. However, contrary to a sound legal framework, the Philippines was ranked the least effective (score of 2.25), particularly due to the lack of necessary institutional capacities. This research presents a comprehensive, cross-jurisdictional evaluation framework that emphasizes the integration of legal and social processes within juvenile justice systems. The findings create a strategic basis for formulating more responsive, child-centered policies and assist with the harmonization of child protection systems across the ASEAN region. 
Deconstructing the Symbiosis of Power, Crime, and Law: A Study of Online Gambling in Indonesia through Routine Activities and Critical Legal Theory Idris, Maulana Fahmi; Amalia Sari, Farida; Riskia Putri, Nurlila; Diva Wulandari, Yesi
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Juni 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/nngjav51

Abstract

The phenomenon of online gambling in Indonesia has experienced a significant escalation in recent years, marked by an increase in the money turnover reaching Rp 600 trillion by 2024 and a rise in the number of active players reaching 11 million people. Ironically, this practice has thrived despite being legally prohibited by Law No. 7 of 1974 and the ITE Law. This research aims to analyze the legal and political dynamics in addressing online gambling in Indonesia by combining two theoretical frameworks: Routine Activities Theory to examine the structure of opportunities for digital crime, and Critical Legal Theory to trace the ambiguous power relations and regulations. The approach used is qualitative with an instrumental case study design, which includes document analysis, in-depth interviews, and digital observation of the top five gambling sites. The research results show that surveillance gaps, hard-to-track financial technology, and the involvement of powerful actors strengthen the online gambling ecosystem. Not only are adults involved, but the victims now include children from elementary to middle school age. This practice has profound impacts on family economics, education, and mental health. This study concludes that weak law enforcement is not solely due to technical limitations, but also because of structural compromises within state institutions. This study contributes to the development of an integrative theoretical framework in understanding digital crime, as well as offering a more preventive and accountable policy direction in addressing online gambling in Indonesia.
Institutional Dysfunction in Personal Data Protection: A Legal-Political Analysis Based on New Institutional Theory Putra, Rengga Kusuma; Agustin, Yulia; Nurul Ihsan, Latif; Ahmad Dafiqi, Zaki
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Juni 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/bkktey52

Abstract

Indonesia is facing a personal data protection crisis, as cases of sensitive information leaks from various public institutions continue to increase. Although Law No. 27 of 2022 on Personal Data Protection has been enacted, recurring incidents, such as the hacking of eHAC, BPJS Kesehatan, PeduliLindungi, and ransomware attacks on the National Data Center, demonstrate a weak implementation at the institutional level. This research aims to identify and analyze the forms of institutional dysfunction in personal data protection in Indonesia. This research uses a qualitative approach with a descriptive-analytical design, relying on data from literature studies, documentation, online media news, and in-depth interviews with informants from government institutions, academics, and digital rights activists. The research findings indicate that there are three primary forms of institutional dysfunction: weak formal structures, a bureaucratic culture that is unresponsive, and limited technical capacity. The absence of independent oversight institutions, overlapping inter-agency authorities, and minimal public accountability exacerbate this situation. These findings are analyzed using the new institutional theory, which emphasizes the importance of internal norms and the logic of appropriateness in institutional behavior. This research contributes to filling the gap in digital law studies in Indonesia by highlighting the role of institutional culture and legal politics in explaining the failure of data protection. In conclusion, adequate personal data protection is not sufficient with formal regulations alone, but requires institutional reforms that address structural and cultural aspects, as well as the establishment of an independent supervisory authority that is adaptive to digital threats.
Structural Barriers to Religious Freedom: A Progressive Legal Analysis of Justice Access in the Construction of Minority Worship Houses in Indonesia Mahdiyyah Harahap, Ghina; Moreno Panjaitan, Gabriel; Intan Oktavia Br Sihite, Dhea
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Juni 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/dzswfx46

Abstract

This study aims to examine the structural barriers faced by religious minority groups in Indonesia concerning the licensing of houses of worship and access to justice. Employing a qualitative approach within a socio-legal research design, the study combines normative analysis of legal regulations with empirical exploration through in-depth interviews, field observations, and document analysis. The findings reveal that administrative requirements under the Joint Ministerial Decrees No. 9 and 8 of 2006 serve as a mechanism for institutionalizing social vetoes. Residents’ approval, often framed as a neutral procedural demand, is systematically exploited to obstruct the constitutional rights of minorities. State actors such as the Religious Harmony Forum (FKUB), the Ministry of Religious Affairs, and local enforcement agencies tend to adopt a passive stance—or, at times, reinforce discriminatory practices under the guise of maintaining social order. Furthermore, court decisions that favor minority groups are frequently disregarded in practice, highlighting a gap between formal legal victories and substantive justice. The main contribution of this study lies in its integrated application of progressive legal theory and the access to justice framework, offering a critical lens on how religious discrimination is embedded not only in laws but in everyday legal institutions. The study concludes that urgent regulatory reform, the establishment of an independent appeals mechanism, and mandatory minority representation in key institutions such as FKUB are essential steps toward ensuring genuine religious freedom in Indonesia.
Crisis of Public Trust in Law Enforcement Agencies: TNI, Polri, and Fire Department under the Scrutiny of Law and Political Power Vidya Sari, Ayu; Rahman Fajar Nusa, Diko
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Juni 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/kmd8d629

Abstract

Public trust in state institutions is a fundamental element in maintaining legal legitimacy and political stability. In Indonesia, the dynamics of trust towards the TNI, Polri, and Fire Department reflect the complexity of the relationship between the state and society. This research aims to explore public perception patterns towards these three institutions and understand the factors influencing the fluctuations in trust from a legal and political perspective. This research uses a qualitative approach with an instrumental case study design to explore the dynamics of the public's trust crisis towards law enforcement institutions, namely the military (TNI), the police (Polri), and the fire department (Damkar). Data collection techniques included in-depth interviews, observations, digital documentation, and secondary data analysis from national surveys. The research results show that the Indonesian National Armed Forces (TNI) remain the most trusted institution, especially in rural areas, due to their direct involvement in social activities and development. The fire department consistently earns a high level of trust because it is perceived as neutral, responsive, and non-coercive. Meanwhile, the National Police (Polri) has experienced a drastic decline in public trust, triggered by issues of corruption, police violence, complex bureaucracy, and disparities in law enforcement. This research contributes to strengthening the literature on institutional legitimacy and provides practical implications for formulating policies for reforming law enforcement institutions. These results also affirm that public perception is not only influenced by the normative functions of institutions but also by the intensity of social interactions, digital imagery, and the direct service experiences felt by citizens.
Neglected Inequality: Legal-Political Dynamics of Honorary Teacher Salaries in Indonesia’s Periphery through a Rawlsian Justice Lens Muhtasib, Achmad; Fatimah, Siti; Husman, Aldi
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Juni 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/fnhf0b11

Abstract

The disparity in the welfare of honorary teachers, especially in the underdeveloped, frontier, and outermost (3T) regions of Indonesia, has become a structural issue that reflects the state's failure to provide social justice in education. Although honorary teachers have made significant contributions to supporting the national education system, their status remains marginal, lacking legal certainty, social security, and decent income. This research aims to examine the dynamics of injustice experienced by honorary teachers in 3T regions through the lens of social justice theory, as well as to explain how legal and educational policy contributes to the reproduction of these inequalities. The method employed is a qualitative approach with a critical case study design, involving in-depth interviews with honorary teachers and policymakers, as well as an analysis of regulatory documents. The research results show that injustice not only stems from low salaries but also from unequal access to professional training, disproportionate workloads, and systemic neglect of their voices in the decision-making process. Additionally, it was found that the presence of honorary teachers is often used as a cheap solution to fill teaching vacancies in 3T areas, without adequate structural reforms. This research makes a theoretical contribution by integrating the discourse of distributive and recognitive justice into educational policy and provides practical recommendations for the formulation of region-based affirmative policies. In conclusion, the disparity among honorary teachers is not merely a technical administrative issue, but rather a part of the crisis of social justice in national education that must be addressed through policy changes that are more equitable and contextually based.

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