Jaksa : Jurnal Kajian Ilmu Hukum dan Politik
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik; memiliki e-ISSN: 2988-5140 p-ISSN: 2988-7747 adalah jurnal ilmiah yang ditelaah secara sejawat (peer-reviewed journal) dan diterbitkan oleh Program Studi Hukum, Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM), Universitas Sains dan Teknologi Komputer (STEKOM University). Jurnal ini memuat hasil penelitian, kajian teoritis, dan analisis kritis di bidang ilmu hukum dan politik, dengan fokus utama pada isu-isu politik hukum, penegakan hukum, kebijakan publik, serta hubungan antara sistem hukum, pemerintahan, dan masyarakat. Ruang lingkupnya meliputi berbagai cabang hukum seperti hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum adat, dan hukum digital. Jurnal ini terbit empat kali dalam setahun, yaitu pada bulan Januari, April, Juli, dan Oktober, dan berkomitmen menjadi sarana diseminasi ilmiah yang berintegritas, terbuka, dan berkontribusi pada pengembangan ilmu hukum dan politik di Indonesia.
Universitas Sains dan Teknologi Komputer
Political Communication and Legal Populism in Contemporary Indonesian Governance : The Transformation of Public Trust in State Institutions
The transformation of political communication in the digital democratic era has reshaped how governments build legitimacy and maintain public trust in state institutions. Although the literature on legal populism and institutional trust has expanded considerably, limited attention has been paid to how political communication mediates the relationship between law, legitimacy, and public trust. This study examines the role of political communication in constructing institutional legitimacy through legal populism within the context of contemporary Indonesian governance. Employing a qualitative approach, the study utilizes political discourse analysis of 245 documents, including presidential speeches, government press releases, ministerial statements, strategic policy documents, official government social media content, and national media coverage published between 2019 and 2025. Data were analyzed using NVivo 14 through thematic coding and inter-narrative relationship analysis. The findings reveal that governmental political communication is structured around four interconnected dimensions: the construction of the people as the primary source of legitimacy, legal legitimacy as a mechanism for policy justification, national interest narratives as a developmental framework, and the representation of state institutions as guardians of public interests. The interaction of these dimensions contributes to the formation of public trust, which subsequently reinforces institutional legitimacy and governance stability. This study develops the concept of **Communicative Legal Populism**, defined as a political legitimation mechanism that integrates law, political communication, national interests, and popular representation in the construction of public trust. The findings extend the literature on legal populism and institutional trust by demonstrating that political communication functions as a critical mediator between law and state legitimacy in contemporary democracies.
Copyright (c) 2026 Joni Laksito https://creativecommons.org/licenses/by-sa/4.0
Smart governance and Bureaucratic Accountability: Assessing the Legal Risks of AI-Assisted Public Administration Systems
The increasing adoption of Artificial Intelligence (AI) in public administration has transformed government operations by improving efficiency, service delivery, and data-driven decision-making. However, the growing reliance on AI systems also raises concerns regarding accountability, transparency, and legal risks associated with automated administrative decisions. This study aims to examine the relationship between AI implementation, smart governance, bureaucratic accountability, and legal risk within public administration systems. A mixed-method policy evaluation approach with a sequential explanatory design was employed. Quantitative data were collected from 224 respondents representing government officials, information technology officers, legal experts, and academics involved in digital governance initiatives. The quantitative analysis was conducted using Partial Least Squares–Structural Equation Modeling (PLS-SEM), while qualitative findings were analyzed through thematic analysis to provide contextual interpretation. The results indicate that AI implementation significantly enhances smart governance (β = 0.782, p < 0.001), which subsequently strengthens bureaucratic accountability (β = 0.827, p < 0.001). Furthermore, bureaucratic accountability significantly reduces legal risk (β = −0.641, p < 0.001). Mediation analysis reveals that the benefits of AI implementation in reducing legal risk are indirectly achieved through improvements in governance quality and accountability mechanisms. The study proposes the Smart governance–Accountability–Legal Risk (SGALR) Framework as an integrative model that links digital governance, public accountability, and AI-related legal risk. The findings highlight the importance of responsible AI governance, algorithmic transparency, regulatory compliance, and institutional oversight in ensuring the sustainable and accountable adoption of AI in public administration. This study contributes to the emerging literature on AI governance and provides practical policy recommendations for governments seeking to balance innovation with accountability and legal certainty.
Copyright (c) 2026 Althe Serafim Kriswandaru https://creativecommons.org/licenses/by-sa/4.0
National Security Narratives and the Expansion of Executive Power: A Legal-Political Perspective on Emergency governance
The increasing complexity of contemporary security threats has led governments worldwide to adopt emergency governance mechanisms that expand executive authority in the name of national security. While such measures are often justified as necessary responses to terrorism, public health crises, cybersecurity threats, and geopolitical instability, they also raise concerns regarding constitutional limits, democratic accountability, and the preservation of the rule of law. This study examines how national security narratives function as instruments of political legitimation that facilitate the expansion of executive power during periods of emergency governance. The research employs a doctrinal legal research approach combined with political analysis to investigate the interaction between legal frameworks governing emergency powers and political processes that shape public acceptance of extraordinary governmental authority. The analysis draws upon constitutional provisions, emergency legislation, judicial decisions, policy documents, and scholarly literature concerning national security, executive authority, and democratic governance. The findings demonstrate that the expansion of executive power is not solely a legal consequence of emergency conditions but is significantly influenced by the political legitimation generated through security narratives. The study develops the Security–Legitimation–Executive Expansion (SLEE) framework, which explains how the construction of security threats produces political legitimacy that enables the concentration of executive authority and reshapes institutional power relations. The findings further reveal that the risks associated with emergency governance emerge primarily when extraordinary powers are exercised without effective legislative oversight, judicial review, transparency, and temporal limitations. The study contributes to the literature on emergency governance, constitutionalism, and national security by highlighting political legitimation as a critical mechanism linking security narratives to executive power expansion. It also provides policy implications for designing emergency governance systems capable of balancing effective security responses with democratic accountability and constitutional safeguards.
Copyright (c) 2026 Rengga Kusuma Putra https://creativecommons.org/licenses/by-sa/4.0
Juridical Review of Prosecutors’ Professionalism in Handling Digital-Based Criminal Cases in Indonesia
The development of information technology has increased digital-based crimes in Indonesia, including online fraud, data theft, and misuse of electronic transactions. This condition requires prosecutors to possess professionalism that is adaptive to technological developments and electronic evidence systems. This study aims to analyze prosecutors’ professionalism in handling digital-based criminal cases, identify the obstacles faced, and examine efforts to improve the quality of law enforcement officers in the digital era. This research uses an empirical legal research method with a socio-legal approach and applies a descriptive qualitative design. Data were collected through interviews, documentation, and literature studies involving 12 informants consisting of 6 prosecutors, 3 criminal law academics, and 3 information technology practitioners. The results show that prosecutors’ professionalism significantly influences the effectiveness of evidence examination and prosecution in digital criminal cases. The study also found several obstacles, including limited technical capabilities, rapid cybercrime development, and lack of optimal coordination among law enforcement institutions. This research is expected to contribute to the development of digital criminal law studies and the improvement of prosecutors’ professionalism in Indonesia.
Copyright (c) 2026 Methodius Kossay https://creativecommons.org/licenses/by-sa/4.0
Analysis of the Role of Public Prosecutors in Proving Corruption Crimes in Indonesia
Corruption is a criminal offense that significantly affects state stability and public trust in Indonesia’s legal system. In the process of proving corruption cases, public prosecutors play an important role in preparing indictments, presenting evidence, and constructing legal arguments in court proceedings. This study aims to analyze the role of public prosecutors in proving corruption crimes, identify obstacles in the evidentiary process, and examine the effectiveness of prosecution strategies used in court. This research employed a qualitative method with an empirical juridical (*socio-legal research*) approach. The research sample consisted of 10 informants, including 5 public prosecutors, 2 corruption court judges, 2 criminal law academics, and 1 advocate. Data were collected through in-depth interviews, literature studies, and documentation studies. The findings indicate that the success of proving corruption cases is strongly influenced by the prosecutors’ ability to connect evidence with the elements of the alleged criminal offense. In addition, electronic evidence and the development of digital-based corruption practices have become new challenges in the evidentiary process. This study is expected to provide theoretical and practical contributions to improving the effectiveness of corruption crime prosecution in Indonesia.
Copyright (c) 2026 Sri Yulianingsih https://creativecommons.org/licenses/by-sa/4.0
Legalitas Perampasan Aset Illicit Enrichment: Analisis Kekosongan Hukum Dalam Undang – Undang Tipikor
Corruption is recognized as an extraordinary crime that undermines national foundations and hinders development. A major challenge in its eradication is the recovery of assets suspected to be derived from corruption but difficult to prove, known as illicit enrichment. This research aims to analyze the legality of illicit enrichment asset forfeiture and identify legal gaps within the Indonesian Anti-Corruption Law (UU Tipikor). The research employs a normative legal method with statutory and comparative approaches. The findings reveal a fundamental legal vacuum in UU Tipikor, as there are no explicit regulations on illicit enrichment, despite Indonesia's ratification of UNCAC. The current legal system remains heavily dependent on proving the predicate crime, which complicates law enforcement efforts to seize unexplained wealth. This study contributes to the development of criminal law, both theoretically and practically, by providing recommendations for the formulation of the Asset Forfeiture Bill (RUU Perampasan Aset). In conclusion, the enactment of the Asset Forfeiture Bill, which integrates concepts of illicit enrichment and Non-Conviction Based Asset Forfeiture (NCBAF), is a crucial step toward strengthening the legality of state asset recovery while maintaining human rights protections.
Copyright (c) 2026 Alvin Amadeus Jaya Mahendra, M Abd. Rohim, Rismalia Putri Anggraini https://creativecommons.org/licenses/by-sa/4.0
Transformasi Pola Kejahatan Siber Berbasis Kecerdasan Buatan dan Implikasinya terhadap Efektivitas Sistem Penegakan Hukum
The rapid advancement of digital transformation has significantly reshaped the landscape of cybercrime, particularly through the integration of Artificial Intelligence (AI), which enhances the automation, scalability, and sophistication of cyber attacks. This study aims to analyze the transformation of AI-based cybercrime patterns and examine its implications for the effectiveness of law enforcement systems, especially in developing countries. A mixed-method approach with a sequential explanatory design was employed, combining quantitative analysis of global cybercrime datasets from 2018 to 2025 with qualitative insights from 25 experts, including law enforcement officers, cybersecurity analysts, and academics. The quantitative findings indicate that AI-driven phishing dominates cybercrime activities, reaching 35% in Asia and 32% in America, while deepfake fraud accounts for up to 30% in Europe. The average investigation time for AI-based cybercrime increased from 60 days in 2018 to 180 days in 2025, three times longer than traditional cases. Meanwhile, conviction rates declined significantly, from 65% to 50% in Europe and from 58% to 42% in Asia. The study also reveals a widening technological gap, with AI adoption among offenders rising to 80% compared to 45% among law enforcement agencies in 2025. These findings highlight that the growing complexity of AI-based cybercrime directly reduces the effectiveness of law enforcement due to limitations in digital forensic capacity, regulatory adaptation, and cross-border coordination. This study contributes by integrating technological transformation analysis with institutional performance evaluation, offering a comprehensive perspective on cybercrime and law enforcement dynamics in the AI era.
Copyright (c) 2026 Hendra Kurnia Wijaya, Farhan Aditya Saputra https://creativecommons.org/licenses/by-sa/4.0
Dinamika Kebijakan Publik dalam Perlindungan Data Pribadi dan Implikasinya terhadap Hak Sosial Masyarakat Digital
The rapid expansion of digital technology has significantly transformed how data is collected, processed, and utilized, raising critical concerns regarding personal data protection and its implications for social rights in digital societies. In Indonesia, the accelerated growth of digital services has not always been accompanied by adequate data protection mechanisms, leading to increasing risks of privacy violations and data breaches. This study aims to evaluate the quality of public policy on personal data protection and to analyze its implications for the protection of social rights in the digital society. The research employs a mixed-method policy evaluation approach that integrates normative legal analysis with empirical assessment using a multidimensional scoring model. The evaluated dimensions include legal substance, transparency, accountability, implementation, enforcement, supervision, public participation, and social protection. The results show that legal substance achieved the highest score of 80, followed by transparency (72) and accountability (70), while implementation (65), enforcement (60), and supervision (58) indicate weaker performance. Gap analysis reveals significant discrepancies between ideal and actual conditions, particularly in supervision and enforcement. Furthermore, the distribution of social impact shows that vulnerable groups (58), children and adolescents (60), and the elderly (55) receive lower levels of protection compared to general users (72) and business actors (78). These findings indicate that policy effectiveness remains uneven due to limitations in institutional capacity and implementation, highlighting the need for more inclusive and balanced data protection governance.
Copyright (c) 2026 Yoga Saputra Hidayat, Ilham Maulana Firdaus https://creativecommons.org/licenses/by-sa/4.0
Transformasi Kejahatan Digital dan Tantangan Penegakan Hukum dalam Era Kecerdasan Buatan dan Big Data
The rapid advancement of Artificial Intelligence and big data technologies has significantly transformed the landscape of digital crime, increasing both its scale and complexity. This study aims to analyze the evolving patterns of cybercrime and examine the gap between technological advancement and institutional readiness in addressing these threats. A descriptive qualitative approach was employed using secondary data collected from global cybersecurity reports and relevant academic literature. The analysis was conducted through trend mapping and comparative interpretation to identify dominant crime types and their development patterns. The findings reveal that phishing remains the most prevalent form of cybercrime, accounting for approximately 38% of total incidents, followed by ransomware at 27% and data breaches at 21%. Meanwhile, AI-based fraud, although representing only 14%, exhibits the highest growth rate and complexity index, increasing by over 60% in recent years. The study also identifies a significant gap in law enforcement readiness, particularly in handling AI-driven crimes, which require advanced technical capabilities and longer investigation time. These results highlight that digital crime is evolving in a non-linear and exponential manner, driven by technological innovation and human vulnerability factors. The study contributes to the field of digital criminology by integrating crime trend analysis with institutional capacity perspectives. It emphasizes the need for adaptive policies, technological integration in law enforcement, and a multidisciplinary approach to effectively combat emerging cyber threats.
Copyright (c) 2026 Rizal Dwi Kurniawan, Bagas Pratama Wicaksono https://creativecommons.org/licenses/by-sa/4.0
Smart Regulation For Resolving Administrative Disputes Within The Digital Public Service Ecosystem
The digitalization of public services in Indonesia is a major step towards efficiency, but it has also led to administrative misunderstandings, caused by system errors, data inconsistencies, algorithmic bias, and non-transparent automated decisions. Existing regulations still rely on manual procedures and have not yet addressed issues related to digital data verification, algorithmic accountability, and digital objection mechanisms. The goal of this research is to develop adaptive, data-driven smart regulations that cater to the specific characteristics of digital disputes. By means of a doctrinal sociolegal qualitative approach and through an analysis of 15 national regulations, 8 digital dispute decisions, 10 Ombudsman reports, and also observations on three digital platforms, and finally, interviews with five informants, the research finds that the main reasons for disputes to arise are input errors, inaccurate cross-system verification, and the lack of digital objection channels. In contrast, most regulations do not include provisions on algorithmic transparency or system audit standards. The contribution and novelty of the study are linked to mapping the critical points of digital disputes and establishing a smart regulatory model that combines administrative law principles with automation mechanisms to increase the accountability of digital decisions, protect user rights, and improve the effectiveness of dispute resolution.
Copyright (c) 2026 Rafiq Pradana Wicaksono, Tessa Andini Prameswari https://creativecommons.org/licenses/by-sa/4.0
Perlindungan Hukum Pemilik Sertipikat Lama Dalam Transformasi Digital Badan Pertanahan Nasional
This study examines the legal protection afforded to holders of conventional land certificates amid the digital transformation of land administration in Indonesia, particularly following the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency's implementation of electronic land documents. The study is motivated by continuing agrarian disputes, legal uncertainty, and public concerns regarding the security of digital land data, including risks of data alteration, administrative failure, and cyber intrusion. Using a normative juridical approach, this research analyzes statutory regulations, legal doctrines, and related legal materials concerning land registration and electronic certification. The findings indicate that conventional land certificates remain legally valid and retain evidentiary force during the transition to electronic certification. However, the transition has not yet been supported by fully coherent legal and administrative safeguards, particularly regarding historical data accuracy, system reliability, and protection against digital vulnerabilities. This condition creates a degree of legal uncertainty for owners of older certificates, especially those with limited access to information and digital services. The study concludes that stronger legal protection requires not only regulatory harmonization but also gradual implementation, institutional readiness, data security assurance, and broader public legal education to ensure that digital transformation in land administration promotes legal certainty, justice, and equitable access for all land rights holders.
Copyright (c) 2026 Arif Fathu Rohman, Muhammad Fadli https://creativecommons.org/licenses/by-sa/4.0
Analisis Pemenuhan Asas Keterbukaan Dalam Perubahan UU TNI 2025
This research aims to critically analyze the fulfillment of the principle of openness in the formation and substantive content of Law Number 12 of 2025 concerning Amendments to Law Number 34 of 2004 concerning the Indonesian National Armed Forces (2025 TNI Law). The principle of openness is a crucial pillar of a democratic constitutional state, ensuring accountability in the defense sector. The research method employed is normative legal research, with a statutory, conceptual, and historical approach. The results indicate that the legislative process for the 2025 TNI Law did not fully meet the standards for meaningful participation. Although formal access was provided, the substantial involvement of civil society groups and independent legal experts remained severely limited, thereby obscuring the rights to be heard and to be explained. Substantively, there are normative ambiguities regarding the regulation of state secrets and the expansion of civilian positions for active military officers, which may lead to overlapping authorities and reduced government transparency. The lack of clarity in information classification criteria within this law risks reviving a culture of impunity under the pretext of security and stability. This study concludes that the 2025 TNI Law requires further synchronization with the Law on Public Information Disclosure. It is recommended to establish implementing regulations that limitively define the boundaries of state secrets and to strengthen external oversight mechanisms by independent institutions to ensure that the strengthening of military institutions remains aligned with the principles of civilian supremacy and budgetary transparency.
Copyright (c) 2026 Wahidil Atma, Arif Wibowo https://creativecommons.org/licenses/by-sa/4.0
Perlindungan Konsumen terhadap Produk Makanan yang Mengandung Bahan Berbahaya
The circulation of food products containing hazardous chemical substances remains a serious issue in consumer protection efforts in Indonesia. This condition poses significant risks to public health and indicates that food safety regulations have not yet been fully effective. This study aims to analyze the forms of legal protection for consumers, the liability of business actors for consumer losses, and the role of the Food and Drug Supervisory Agency (BPOM) in supervising and enforcing against the distribution of food products containing hazardous chemical substances. This research employs a normative juridical method with a statutory approach, conducted through a literature review of primary, secondary, and supporting legal materials. The results show that consumer protection is comprehensively regulated by Law Number 8 of 1999 on Consumer Protection, Law Number 18 of 2012 on Food, and relevant BPOM regulations. Business actors are strictly liable for consumer losses and may face civil, administrative, and criminal sanctions. BPOM plays a strategic role in supervision and enforcement; however, it still faces various challenges in practical implementation. Therefore, strengthening supervision, ensuring consistent law enforcement, and increasing legal awareness among business actors and consumers are necessary to achieve effective consumer protection.
Copyright (c) 2026 sindi sindi, Apri Amalia, Zarieva Yousif, Malika Ramadhani, Sandi Almirah Putri, Nadia Surati Annisa, Daniel Syahputra https://creativecommons.org/licenses/by-sa/4.0
Evaluasi Kebijakan Pajak Pertambahan Nilai dengan Menggunakan Persepektif Publik Digital dalam Kerangka Public Value
The policy to increase the Value Added Tax (VAT) rate to 12%, as stipulated in Law Number 7 of 2021 on the Harmonization of Tax Regulations, has generated diverse public responses, particularly regarding its impact on purchasing power, fiscal fairness, and policy legitimacy. This study aims to analyze public perceptions of the 12% VAT policy and assess the formation of public value using the Public Value framework. The research employs a mixed-methods approach with concurrent triangulation, combining quantitative sentiment analysis with qualitative content analysis of secondary data derived from public comments on Instagram. The findings indicate that public perception is predominantly negative, reflecting a low level of perceived policy value. Qualitative analysis further reveals that the VAT 12% policy is perceived as weak across the three dimensions of Public Value: policy benefits (value), legitimacy and public support (legitimacy and support), and governmental operational capacity (operational capabilities). The study concludes that the success of fiscal policy depends not only on legal validity and revenue objectives but also on the government’s ability to deliver tangible benefits, secure social legitimacy, and ensure effective implementation. Accordingly, this research recommends strengthening policy communication strategies, enhancing transparency and public participation, and improving economic mitigation mechanisms to increase public value and societal acceptance of the VAT 12% policy
Copyright (c) 2026 Ferdian Al Ghifari Ganda Hutama, Annur Muhammad Rizki, Fadjar Tri Sakti https://creativecommons.org/licenses/by-sa/4.0
Revitalisasi Hukum Adat dalam Penyelesaian Sengketa Lingkungan Studi Komparatif di Wilayah Adat Indonesia Timur
This study explores the revitalization of customary law as a mechanism for resolving environmental disputes in Eastern Indonesia. Through a comparative analysis of three indigenous regions—Central Maluku, Papua, and West Timor—the research reveals how traditional legal practices adapt to contemporary ecological and socio-political challenges. The findings demonstrate that customary law is not merely preserved but is actively transformed to maintain cultural relevance and environmental sustainability. Revitalization efforts are shaped by local contexts, external pressures, and the interaction between indigenous communities and state institutions. This study fills a critical gap in the existing literature, which often focuses solely on the formal recognition of customary law without addressing its dynamic role in conflict resolution. Although the research offers significant insights, it acknowledges limitations related to geographical scope and methodology, suggesting that future studies should adopt longitudinal approaches and broader regional coverage. The results contribute to the discourse on legal pluralism and offer practical implications for policy-making aimed at strengthening indigenous participation in environmental governance.
Copyright (c) 2026 Agnes Salsa Azzahra, Putri Citra Resmi, Andra Restu Pertami https://creativecommons.org/licenses/by-sa/4.0
Formulasi Tindak Pidana Ekosida dalam Hukum Pidana Nasional Urgensi Pembaruan Hukum di Era Krisis Lingkungan Global
The massive scale of environmental destruction globally highlights the urgent need for a stronger legal response, particularly through criminal law. This research aims to formulate the crime of ecocide within Indonesia's national criminal law framework by adapting international principles while aligning with the fundamental doctrines of Indonesian law. Employing a normative legal research method and comparative analysis, this study reveals a significant legal gap in the current regulatory system, which inadequately addresses large-scale ecosystem damage. A conceptual model for the formulation of ecocide crimes is proposed, including the definition of criminal elements, the scope of liable subjects, and the appropriate sanctions. The results contribute to the academic discourse by offering a structured and applicable legal framework, while practically providing policymakers with a concrete foundation for legal reforms that respond effectively to the global environmental crisis.
Copyright (c) 2026 Jachrisdo Damanik, Mangaratua Naibaho, Dame Pandiangan, Methodius Kossay https://creativecommons.org/licenses/by-sa/4.0
Implementasi Prinsip Due Diligence dalam Kewajiban Negara Mencegah Cyber Attacks: Tinjauan Hukum Internasional Kontemporer
The rapid evolution of cyberspace has transformed it into a strategic domain of international relations, raising complex legal challenges regarding state responsibility for preventing cross-border cyberattacks. This study explores the implementation of the due diligence principle in international law as a normative foundation for evaluating a state’s obligation to prevent harmful cyber activities originating from its territory. Utilizing a normative-legal approach, the research analyzes global legal instruments, state practices, and Indonesia’s position on due diligence. Findings reveal a significant gap between the doctrinal recognition of due diligence and its operational application, especially in developing countries lacking institutional and regulatory capacity. The study proposes practical recommendations for integrating due diligence into national Cybersecurity strategies while contributing to the broader development of binding international cyber norms. By focusing on Indonesia, the research aims to strengthen both national legal preparedness and its international legal standing in cyberspace governance.
Copyright (c) 2026 Berliant Pratiwi, Neilin Nikhlis https://creativecommons.org/licenses/by-sa/4.0
Kedudukan Keputusan Pemerintah dalam Keadaan Darurat Digital Studi tentang Batasan Konstitusional atas Kebijakan Cyber Emergency
The rapid growth of digital technology has created new challenges for the constitutional framework of state power, particularly in the context of cyber emergencies. This research analyzes the role of government decisions in digital emergencies within the framework of Indonesian constitutional law. Using a socio-legal approach, the study examines the alignment between governmental actions and fundamental constitutional principles, such as legality, proportionality, accountability, and the protection of human rights. The findings reveal significant gaps between existing regulations and the need for constitutionally grounded responses to cyber threats. Current government measures tend to be reactive and lack comprehensive oversight mechanisms, posing risks to democratic governance and individual rights. The study recommends establishing a specific legal framework that clearly defines procedures, limitations, and oversight for cyber emergency actions, grounded in digital constitutionalism. By reinforcing constitutional supremacy in the digital era, the government can ensure that its responses to cybersecurity crises are both effective and respectful of citizens' fundamental rights.
Copyright (c) 2026 Maulana Fahmi Idris, Althea Serafim Kriswandaru https://creativecommons.org/licenses/by-sa/4.0
Konstruksi Hukum Perdata terhadap Perlindungan Data Pribadi dalam Transaksi Komersial Analisis Perspektif Hak Keperdataan Digital
The rapid growth of digital transactions in Indonesia has not been accompanied by a sufficient legal framework to protect personal data as an economic asset. This study aims to construct a private law framework that recognizes personal data as an object of proprietary rights within commercial transactions. Employing a normative juridical method with conceptual and comparative approaches, the research analyzes national regulations, particularly Law No. 27 of 2022 on Personal Data Protection. It contrasts them with international standards such as the General Data Protection Regulation (GDPR). The findings reveal that Indonesia’s regulatory focus remains predominantly administrative, lacking recognition of personal data as an independent property right. Through a systematic conceptualization of personal data as a digital object possessing economic value, this study proposes a new model for personal data protection grounded in property law principles. The proposed framework offers more substantial legal certainty for individuals. It addresses the power imbalance between data subjects and digital business actors, contributing significantly to the development of more equitable and adaptive regulations in the digital economy.
Copyright (c) 2025 Rahmat Shodiq, Yolanda Indah Maharani, Kelvin Daniel Christian, Sri Rahwati https://creativecommons.org/licenses/by-sa/4.0
Konsep Penerapan Wanprestasi dan Perbuatan Melawan Hukum (PMH): Studi Kasus Putusan Nomor 79/ Pdt.G/2023/PN Yyk
This study analyze the application of the concepts of breach of contract (wanprestasi) and unlawful act/ tort (perbuatan melawan hukum) in decision No. 79/Pdt.G/2023/PN. Yyk, with critical focus on the panel of judges formalistic approach. The research employs a normative method through a case study approach. The results indicate that although the plaintiff’s lawsuit was declared inadmissible due to formal defect (obscuur libal and plurium litis consortium), the cout proceedings actual revealed strong indications of an unlawful act by the defendant, namely the installation of “for sale/ rent” banner on a property that was still under lease. Theoretically, this action fulfills the elements of acticle 1365 of the indonesian civil code. The study concludes that the judge was incorrect in ther role as a seeker of substantive justice by fixaing on procedural rigiditly and neglecthing the principle of ius curia novit. Therefore, this research recommends the necessity of balancing formal legal certainty with the achievement of material justice in civil court practices.
Copyright (c) 2025 Ananda Harfa Danis https://creativecommons.org/licenses/by-sa/4.0
Copyright (c) 2025 Fatimah Azzahro Fachuda, Siti Sya'ada Alda Risma https://creativecommons.org/licenses/by-sa/4.0
Efektivitas Penggunaan Bukti Digital dalam Pembuktian Perkara Perdata: Analisis terhadap Integrasi Electronic Evidence dalam Hukum Acara Perdata Nasional
The increasing integration of digital evidence into civil litigation processes in Indonesia reflects a significant shift towards modernization of the judicial system. This study examines the effectiveness of digital evidence in civil case proceedings by analyzing court decisions, conducting expert interviews, and reviewing applicable regulations. The findings reveal that while digital evidence is increasingly accepted, challenges remain regarding authentication, technical capacity of legal practitioners, and the absence of standardized procedures. Regulatory advancements such as the enactment of Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law) and Supreme Court Regulation Number 1 of 2019 have bolstered the legal recognition of digital evidence. However, inconsistent application and limited forensic capabilities hinder optimal utilization. This research contributes to the discourse by emphasizing the need for capacity building, procedural standardization, and a more robust technological infrastructure within the judicial framework. Future studies are encouraged to adopt broader and comparative approaches to strengthen digital evidence practices in civil litigation.
Copyright (c) 2025 Nurmagrifah Ramadani, Muhammad Haidar, Aulia Putri Setiono https://creativecommons.org/licenses/by-sa/4.0
The rapid evolution of cyberspace has transformed it into a strategic domain of international relations, raising complex legal challenges regarding state responsibility in preventing cross-border cyber attacks. This study explores the implementation of the due diligence principle in international law as a normative foundation for evaluating a state’s obligation to prevent harmful cyber activities originating from its territory. Utilizing a normative-legal approach, the research analyzes global legal instruments, state practices, and Indonesia’s position in relation to due diligence. Findings reveal a significant gap between the doctrinal recognition of due diligence and its operational application, especially in developing countries lacking institutional and regulatory capacity. The study proposes practical recommendations for integrating due diligence into national cybersecurity strategies while contributing to the broader development of binding international cyber norms. By focusing on Indonesia, the research aims to strengthen both national legal preparedness and its international legal standing in cyberspace governance.
Copyright (c) 2025 Ahmad Alfin Mashuri, Sekar Sari, Riva Lailatul Aini, Ida Fitriya https://creativecommons.org/licenses/by-sa/4.0
Copyright (c) 2025 Febrian Jeki Elfian Sinaga, Sairimbun Panjaitan, Lana Hafiza https://creativecommons.org/licenses/by-sa/4.0
Transformation of the Principle of Sovereignty in a Digital Legal State through Social Media and the Constitution
With the coming of the internet, a new approach has been ushered in which would restate and redefine the concept of sovereignty in states through algorithmic regulation and the mighty transnational digital networks it makes possible. The social media are essentially the decentralized spacesfor legal and political controversy, which tear down the constitutional validity and transform the construction of legitimacy. This study examines how the principle of sovereignty is transformed within a digital legal state by analyzing the interaction between constitutional norms, digital participation, and the growing role of non-state digital actors. A qualitative thematic approach was applied, using data from constitutional documents, court rulings, social media narratives (such as #ReformasiDikorupsi), and semi-structured interviews with legal experts and digital rights advocates. NVivo software program was used to apply thematic coding and categorization. Outcomes are four significant themes: disruption of constitutional sovereignty, digital mediation of sovereignry, coexistence between digital corporations and states, and reinterpretation of constitutional values. Implications are that sovereignty is no longer mapped or geographically located but dynamically negotiated in digital spaces. According to the research, conventional legal models are inadequate and prescribing co-regulatory legal models based on constitutional values is recommended. Citing Indonesia's PDP Law and the EU's Digital Services Act, it emphasizes ASEAN-level collaboration in pushing toward inclusive and accountable digital governance and protecting sovereignty in the post-national setting.
Copyright (c) 2025 Naflah Naila Inayatulloh, Masyami Masyami, Nurilla Alya Farhani https://creativecommons.org/licenses/by-sa/4.0
Peran Notaris dalam Pendaftaran Badan Usaha Berbentuk Persekutuan Komanditer, Persekutuan Firma, dan Persekutuan Perdata
Following the enactment of Regulation of the Minister of Law and Human Rights No. 17 of 2018, the role of the notary is to regulate the obligation of business entities, such as limited partnerships (CV), firms, and civil partnerships, to register their companies with the Minister through the Business Entity Administration System. The research method used is normative law (normative jurisprudence) with a legal approach, namely a legislative conceptual approach. Normative law research is a literature review, and the results are analyzed descriptively. If all the requirements and supporting conditions are met, the Notary is authorized to make an authentic deed and on behalf of the applicant, the notary submits an application for the registration of the establishment, amendment of the articles of association, dissolution of non-legal entities in the form of limited partnership (CV), firm and Civil Partnership to the Business Entity Administration System. Furthermore, in drafting authentic deeds pursuant to the Commercial Code (KUHD), the Civil Code (KUHPerdata), the Notary Law (UUJN), and the Regulation of the Minister of Law and Human Rights No. 17 of 2018, the notary bears responsibility for any errors that occur during data entry in SABU. Should such an error arise, the notary is obligated to report it to the Directorate General of General Legal Administration (AHU) to facilitate the correction of the recorded data.
Notary, Business Entity Administration System, Commanditaire Vennootschap (CV), Firm and Civil Partnership.
Copyright (c) 2025 Dian Rosita Sari https://creativecommons.org/licenses/by-sa/4.0
Challenges of Civil Law Enforcement on Smart Contracts in Cross-Border Transactions Based on Blockchain Technology
With advances in blockchain technology, smart contracts have emerged as automated digital instruments for cross-border transactions. Yet, their automation and rigidity do create serious hindrances to civil law's fundamental principles, especially in terms of enforceability and dispute resolution. This research seeks to study discrepancies between the characteristics of smart contracts themselves and international civil law systems, and to unveil the legal obstacles on their path to implementation. By employing a normative juridical approach and comparative analysis from 50 legal and academic documents sourced from Indonesia, the United States, and the European Union, this research reveals regulatory divergences and the absence of a harmonized international standard. Results show that the European Union is far ahead of the United States and Indonesia in regulatory preparedness. Essentially, this research proposes a hybrid legal system, which is a combination of national and international provisions (for example, the UNCITRAL Model Law) for the establishment of blockchain-based digital dispute resolution. The outcome enlarges the horizon of digital contract law theory and serves as a handy guide for policymakers in managing legal complexities of smart contracts across jurisdictions.
Copyright (c) 2025 Nadia Indah Safitri, Septiana Rossa https://creativecommons.org/licenses/by-sa/4.0
Ketimpangan Penerimaan LGBT di Wilayah Pedesaan dan Perkotaan Indonesia: Studi Literatur Sosial-Budaya Mengacu pada Teori Stigma dan Laporan Internasional
Penelitian ini menganalisis ketimpangan penerimaan terhadap kelompok lesbian, gay, biseksual, dan transgender (LGBT) di wilayah perkotaan dan pedesaan Indonesia melalui studi literatur sosial-budaya. Isu penerimaan LGBT di Indonesia masih bersifat sensitif dan kompleks karena dipengaruhi oleh norma sosial, agama, serta struktur budaya lokal yang berbeda antara wilayah urban dan rural. Dengan menggunakan teori stigma sosial Goffman (1963) sebagai kerangka analisis utama, penelitian ini mensintesis 50 literatur akademik dan laporan internasional dari periode 2020–2025 yang membahas persepsi sosial, pendidikan, media, dan kebijakan terhadap LGBT. Hasil analisis menunjukkan bahwa penerimaan terhadap LGBT di wilayah urban cenderung lebih tinggi dibandingkan pedesaan, didorong oleh tingkat pendidikan, akses media digital, dan paparan terhadap wacana global. Sebaliknya, di wilayah pedesaan, nilai-nilai religius dan tradisi lokal masih menjadi faktor utama penolakan. Selain itu, temuan memperlihatkan bahwa generasi muda menunjukkan tingkat inklusivitas yang meningkat, sementara representasi media mulai bergeser dari narasi negatif menuju wacana netral dan hak asasi manusia. Meskipun terdapat kemajuan dalam kesadaran sosial, kebijakan publik di Indonesia masih menunjukkan ambivalensi terhadap isu LGBT. Studi ini menegaskan perlunya pendekatan kebijakan yang berbasis literasi sosial dan budaya untuk membangun masyarakat yang lebih inklusif dan adil secara sosial.
Copyright (c) 2025 Frimawan Endi https://creativecommons.org/licenses/by-sa/4.0
Ketika Jalanan Bicara: Gerakan Protes 2025 di ASEAN dan Nepal dalam Perspektif Hukum Internasional dan Geopolitik
The wave of social protests that swept across Asia in 2025 represents a new dynamic in the relationship between the state, citizens, and international law. This study analyzes protest movements in five countries—Indonesia, the Philippines, Vietnam, Timor-Leste, and Nepal focusing on the extent to which government responses align with the principles of the International Covenant on Civil and Political Rights (ICCPR) and their connection to regional geopolitical dynamics. Employing a comparative qualitative approach within a juridical, sociological, and geopolitical framework, the research assesses each country’s level of compliance with ICCPR Articles 19 and 21 using the UN Human Rights Committee’s General Comment No. 37 as the analytical reference, and a three-level compliance scale (high, moderate, low). Data were derived from international organization reports, global media sources, and legal documents. The findings indicate that the 2025 Asian protests were driven by a combination of economic inequality, political corruption, and restrictions on freedom of expression. Indonesia and Nepal exhibited high levels of repression, while Timor-Leste demonstrated a more open model of social dialogue. From a geopolitical perspective, transnational solidarity emerged through digital campaigns and cross-border activist networks, reflecting the rise of digital resistance in Asia. The study concludes that state legitimacy in the region is increasingly tested not only by domestic stability but also by the capacity to uphold international norms amid shifting global power structures and digital transformations.
Copyright (c) 2026 Alfianty Dara https://creativecommons.org/licenses/by-sa/4.0
Politik Hukum Pidana dalam Penanggulangan Kejahatan Siber di Indonesia: Analisis Kriminologis terhadap Efektivitas Kebijakan Penal dan Non-Penal
Penelitian ini bertujuan menganalisis arah politik hukum pidana Indonesia dalam penanggulangan kejahatan siber melalui pendekatan penal dan non-penal dengan perspektif kriminologi digital. Fokus kajian diarahkan pada efektivitas kebijakan hukum, dinamika kelembagaan, serta kesenjangan antara norma hukum dan perilaku sosial di ruang digital. Penelitian ini menggunakan pendekatan kualitatif dengan metode yuridis-sosiologis, karena fenomena kejahatan siber tidak dapat dipahami hanya melalui teks hukum, tetapi juga melalui interaksi sosial dan perilaku pelaku di dunia maya. Data diperoleh melalui telaah dokumen hukum, wawancara dengan aktor kebijakan, dan laporan lembaga seperti BSSN, Kominfo, serta Polri Siber, kemudian dianalisis menggunakan model analisis interaktif Miles, Huberman, dan Saldaña. Hasil penelitian menunjukkan bahwa kebijakan penal menunjukkan peningkatan dalam penegakan hukum dan penyelesaian kasus, sedangkan kebijakan non-penal mengalami kemajuan pada kolaborasi kelembagaan dan literasi digital, namun belum mampu meningkatkan kesadaran publik secara signifikan. Ketimpangan ini menegaskan bahwa politik hukum siber Indonesia masih bersifat reaktif dan belum sepenuhnya berorientasi pada pembentukan budaya hukum digital. Penelitian ini merekomendasikan penerapan model integrated cyber governance berbasis cyber social control sebagai strategi untuk mengintegrasikan instrumen hukum, edukasi, dan kolaborasi lintas sektor guna membangun sistem keamanan siber yang adil, inklusif, dan berkelanjutan.
Copyright (c) 2025 Mohammad Alfan https://creativecommons.org/licenses/by-sa/4.0