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Contact Name
Tri Eka Saputra
Contact Email
amar.vifada@gmail.com
Phone
+6285399929080
Journal Mail Official
amar.vifada@gmail.com
Editorial Address
G1 No 07 Perumahan Citra Bontomarannu Kec. Bontomarannu, Kabupaten Gowa, Sulawesi Selatan 92161
Location
Kab. gowa,
Sulawesi selatan
INDONESIA
Vifada Assumption Journal of Law
ISSN : -     EISSN : 29871263     DOI : https://doi.org/10.70184/g99fyy65
Vifada Assumption Journal of Law encourages courageous and bold new ideas, focusing on contribution, theoretical, managerial, and social life implications. Vifada Assumption Journal of Law welcomes papers, These may include but are not limited to : Employment, and food, as well as the advantages and disadvantages of globalization from transnational and global perspectives. various fields such as civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, Gender and poverty, Governance Law Science Social policy, Social development, Social and health governance, Social welfare, Social Security Social Protection Sustainability Development Goals (SDG) The Vifada Assumption Journal of Law seeks to publish articles that address the intersections of social issues, law science, governance, politics, and policies at various levels or scales — transnational social movements and non-governmental organizations; international intergovernmental organizations, and world-regional and transregional intergovernmental institutions and groupings — using a global or transnational analytical framework. Focusing on aspects of social policy and social governance and factors of globalization and policy diffusion, broadly defined, in both contemporary and historical contexts, the journal serves academic and policy-making or advocacy audiences across the global North and South. Contributions from across all disciplines and fields of study from a wide range of theoretical and political perspectives are strongly encouraged.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 3 Documents
Search results for , issue "Vol. 3 No. 1 (2025): January - June" : 3 Documents clear
Legal and National Security Reform: Reconstructing Data Privacy Regulations in the Era of Indonesia's Digital Sovereignty Aileen Bridget O’Sullivan
Vifada Assumption Journal of Law Vol. 3 No. 1 (2025): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/9c2pfk27

Abstract

This article examines the legal and national security dimensions of Indonesia’s evolving approach to data privacy within the broader project of digital sovereignty. As Indonesia balances economic digitalization, national security imperatives, and citizens’ privacy rights, recent regulatory moves — including data-placement rules, platform oversight, and the Personal Data Protection law — reveal tensions between state control and cross-border data flows. Through doctrinal legal analysis, policy review, and comparative assessment of international data-sovereignty practices, this study reconstructs a regulatory framework that aligns privacy protection with legitimate national-security objectives while minimizing adverse effects on innovation and digital trade. The paper proposes a three-pillar reconstruction: (1) rights-preserving data governance (clear principles on purpose limitation, consent, and oversight); (2) targeted security exceptions (narrowly defined, proportionate, and time-bound measures backed by judicial or independent oversight); and (3) interoperable cross-border mechanisms (binding transfer safeguards, certifications, and mutual legal assistance). The proposed model aims to operationalize Indonesia’s digital sovereignty without unnecessary data localization or opaque access regimes, thereby fostering trust, foreign investment, and resilience against cyber threats. Recommendations include legislative refinements, creation of independent supervisory capacity, sectoral risk assessments, and multilateral engagement to harmonize standards.
Islamic Legal Reform and Democratic Values: Philosophical Foundations and Contemporary Challenges Declan Patrick Byrne
Vifada Assumption Journal of Law Vol. 3 No. 1 (2025): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/hwscmn29

Abstract

This article explores the philosophical foundations and contemporary challenges of Islamic legal reform within democratic systems. As many Muslim-majority nations continue to negotiate the place of Islamic law in modern governance, tensions often emerge between traditional jurisprudence, state constitutionalism, and universal democratic norms. This study examines how key philosophical principles—such as justice, public welfare (maslahah), human dignity, and rational deliberation—serve as the normative basis for reconciling Islamic legal reasoning with democratic values. Employing a qualitative approach grounded in normative legal theory and comparative analysis, the paper highlights how reformist thinkers reinterpret classical concepts like ijtihad, maqāṣid al-sharī‘ah, and shura to support participatory governance, equality before the law, and protection of fundamental rights. Contemporary challenges, including politicization of religion, constitutional ambiguity, rising identity-based populism, and institutional reluctance toward legal modernization, are critically assessed to show why reform efforts often face resistance. The article argues that sustainable Islamic legal reform requires strengthening philosophical coherence, promoting inclusive interpretation, and enhancing institutional capacity within democratic frameworks. Ultimately, this study proposes a harmonization model in which Islamic legal ethics support democratic principles without eroding religious authenticity or constitutional stability.
Revisiting the Principle of Ultimum Remedium in Criminal Law Reform: A Human Rights Perspective on the Indonesian New Penal Code Fiona Mae Gallagher
Vifada Assumption Journal of Law Vol. 3 No. 1 (2025): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/fgh25n48

Abstract

This article revisits the principle of ultimum remedium in the context of Indonesia’s new Penal Code, examining how the state’s renewed approach to criminalization aligns with contemporary human rights standards. Although ultimum remedium positions criminal law as a last resort, recent legal reforms demonstrate both expansion and recalibration of state punitive power. Through doctrinal analysis and a human-rights–based lens, this study evaluates whether the new Penal Code sufficiently limits over-criminalization, ensures proportionality, and incorporates alternative mechanisms such as administrative sanctions, restorative justice, and diversion. Particular attention is given to provisions that affect civil liberties, including morality-based offenses, expression-related crimes, and community-order regulations, which may conflict with international human rights norms on freedom, privacy, and legal certainty. The findings reveal a persistent tension between the government’s aims to maintain social order and the obligation to protect individual rights. While the new Penal Code introduces certain progressive elements, inconsistencies in the application of ultimum remedium risk perpetuating punitive excess and selective enforcement. The article argues that a rights-centered approach to criminal law reform requires clearer thresholds for criminalization, enhanced judicial oversight, and integration of non-penal policy pathways. Ultimately, strengthening the ultimum remedium principle is essential for ensuring that Indonesia’s criminal justice system remains both effective and rights-respecting.

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