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Putra, Rengga Kusuma; Agustin, Yulia; Nurul Ihsan, Latif; Ahmad Dafiqi, Zaki

Perkara: Jurnal Ilmu Hukum dan Politik 2025 Universitas Sains dan Teknologi Komputer

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.

Kossay, Methodius; Putra, Rengga Kusuma; Idris, Maulana Fahmi

Perkara: Jurnal Ilmu Hukum dan Politik 2025 Universitas Sains dan Teknologi Komputer

The implementation of Environmental, Social, and Governance (ESG) regulations in Indonesia is still in its developmental stage and faces several challenges in enforcement and compliance. Compared to developed countries, Indonesia's ESG framework lacks strong incentives and adequate regulatory oversight, leading to inconsistencies in corporate adherence. This study aims to analyze the effectiveness of ESG regulations in Indonesia from a legal perspective and evaluate their impact on corporate compliance. A normative juridical approach was used, supplemented by case studies of companies that have implemented ESG principles. Data were collected through document analysis of regulatory frameworks, sustainability reports, and interviews with key stakeholders. The findings indicate that while the number of companies adopting ESG practices has increased significantly from 45 in 2018 to 675 in 2023, only 38% fully comply with ESG standards. Moreover, statistical analysis reveals a strong correlation (r = 0.78, p < 0.05) between regulatory strictness and corporate adherence. Weak enforcement mechanisms and the voluntary nature of ESG reporting remain major obstacles to effective implementation. The study also highlights that firms integrating ESG principles tend to attract more investment and demonstrate better financial stability. The findings contribute to the ongoing discourse on ESG regulation by emphasizing the need for policy reforms, including stricter enforcement, standardized reporting mechanisms, and economic incentives to enhance compliance. This research provides a foundation for future comparative studies on ESG regulation and suggests integrating technology-based monitoring tools such as blockchain and artificial intelligence to improve corporate accountability and sustainability practices.

Raharjo, Budi; Putra, Rengga Kusuma; Kossay, Methodius

Hakim: Jurnal Ilmu Hukum dan Sosial 2025 Fakultas Hukum, Universitas Sains dan Teknologi Komputer

The supervision and enforcement of the advocate code of ethics in Indonesia continue to face various challenges, impacting the effectiveness of the existing regulatory framework. The number of ethical violations committed by advocates has been increasing, from 120 cases in 2018 to 345 cases in 2023, with the most prevalent infractions including conflicts of interest, abuse of authority, and gratification. One of the primary factors contributing to the weak enforcement of the code of ethics is the limited oversight system, which remains confined to advocate organizations without the involvement of independent institutions. This study aims to analyze the effectiveness of the advocate supervision system in Indonesia, compare it with best practices in other countries, and identify measures that can be implemented to enhance accountability and transparency within the profession. The research employs a normative legal method with a comparative law approach and empirical studies. The analysis is conducted on existing regulations, case reports on violations, and interviews with key stakeholders, including advocates, clients, and legal observers. The findings reveal that only 40% of reported violations result in strict sanctions, while merely 10% of advocates found guilty of ethical misconduct face license revocation. Additionally, a survey of 500 respondents indicates that only 35% of the public is aware of the complaint procedures against advocates who breach ethical standards, highlighting the low level of transparency in the supervision system. This study contributes to the discourse by recommending the establishment of an independent institution to oversee advocates' compliance with ethical standards, as well as the increased utilization of digital technology in the supervision system. With more transparent and accountable oversight reforms, it is expected that ethical violations within the legal profession can be minimized, thereby strengthening public trust in Indonesia’s legal system

Putra, Rengga Kusuma; Ramadhan, Adi Suryo; Imalia, Tri; Widhiati , Greget; Kapsah

Perkara: Jurnal Ilmu Hukum dan Politik 2025 Universitas Sains dan Teknologi Komputer

The gig economy has emerged as a global phenomenon, reshaping traditional work patterns, including in Indonesia. While offering flexibility to workers, this work model poses significant challenges concerning legal protection, especially in work relationships mediated by digital platforms. Gig workers often find themselves in vulnerable positions due to insufficient regulations and an imbalance in bargaining power between them and digital platforms. This study aims to analyze the legal protection for gig economy workers in Indonesia from a civil law perspective, highlighting gaps in existing regulations and offering recommendations for reform. This research employs a qualitative approach with a descriptive-analytical method. Data were obtained through literature review, analysis of electronic work contracts, and comparisons with gig economy regulations in other countries, such as the European Union and the United States. The findings reveal that electronic work contracts used by digital platforms in Indonesia are often unfair and favor the platforms. Furthermore, Indonesia’s gig economy regulations do not provide adequate protection, unlike countries such as the European Union, which have established minimum standards for gig workers' protection. This imbalance adversely affects gig workers’ welfare, including financial insecurity and lack of access to social security. This study contributes to the development of a more inclusive and equitable regulatory framework for gig workers in Indonesia. The implications include the need for civil law reforms to govern gig economy work relationships and the use of technology as a tool to enhance legal oversight. This research also lays the groundwork for future studies exploring the implementation of gig economy regulations in the context of other developing countries.

Putra, Rengga Kusuma; Idris, Maulana Fahmi; Widhiati, Greget

Jaksa : Jurnal Kajian Ilmu Hukum dan Politik 2024 Universitas Sains dan Teknologi Komputer

This study examines the challenges and effectiveness of the Personal Data Protection Law (UU PDP) in Indonesia amidst the rapid expansion of Big Data. As digital data collection and processing become increasingly integral across sectors, this study identifies gaps in policy implementation, particularly among small and medium enterprises (SMEs), which often lack resources for comprehensive data protection. Through interviews and document analysis, findings indicate that while the UU PDP establishes a necessary legal framework, its implementation faces obstacles, including limited adoption of encryption and anonymization technologies and low public awareness of data privacy risks. These challenges highlight the need for enhanced governmental support, technical guidelines, and public education to improve data security practices. This study contributes to ongoing policy discussions by offering practical recommendations to strengthen data protection in Indonesia and foster a safer digital environment for individuals.

Yulianingsih, Sri; Putra, Rengga Kusuma; Christiana, Titi

Jaksa : Jurnal Kajian Ilmu Hukum dan Politik 2024 Universitas Sains dan Teknologi Komputer

Gender-based violence in digital spaces has become an escalating issue globally, impacting individuals through harassment, stalking, and unauthorized sharing of private content. This study aims to examine and compare the legal frameworks of Indonesia, India, Singapore, Malaysia, and the Philippines in addressing such violence, focusing on victim protection and enforcement effectiveness. Using a qualitative descriptive approach and comparative analysis, this research reviews primary legal documents, policies, and relevant literature to identify the strengths and limitations of each country’s approach. Findings indicate that Indonesia relies on the Domestic Violence Act (UU PKDRT) and the Women and Children Protection Unit (PPA), though limited resources and a lack of specialized training for law enforcement remain challenges. India combines strict IT regulations with public digital education campaigns, effectively raising awareness but still faces social stigma in reporting. The study highlights the importance of accessible reporting mechanisms, public awareness initiatives, and cross-country collaboration within ASEAN to enhance the effectiveness of legal protections against gender-based violence in digital spaces. This research contributes by providing insights into the contextual adaptations of legal frameworks and suggests future studies to conduct fieldwork for a deeper understanding of implementation and policy adaptation.

Kossay, Methodius; Putra, Rengga Kusuma; Salwa, Athiyah

Hakim: Jurnal Ilmu Hukum dan Sosial 2024 Fakultas Hukum, Universitas Sains dan Teknologi Komputer

Protected forests play a crucial role in preserving biodiversity and mitigating climate change. However, these areas face increasing threats from illegal activities, such as logging and land encroachment, which compromise environmental stability and result in significant economic losses. This study evaluates the implementation of criminal law in addressing environmental crimes within Indonesia's protected forest areas, focusing on the effectiveness and challenges encountered in enforcement. A qualitative ethnographic approach was employed, involving direct observation, in-depth interviews, and focus group discussions (FGDs) with local communities, law enforcement officials, and other stakeholders. The findings reveal that the effectiveness of law enforcement is hindered by several key factors: economic dependency on illegal activities, limited capacity and resources of law enforcement agencies, and external pressures from vested interests. Additionally, the lack of public awareness and inconsistent legal implementation exacerbate these challenges. Despite existing regulations, enforcement remains insufficient to deter environmental crimes or provide lasting protection for critical ecosystems. This study contributes to the understanding of the socio-economic and cultural dynamics that influence the effectiveness of environmental law enforcement. It underscores the need for a holistic strategy that integrates legal, economic, and community-based approaches. Recommendations include strengthening the capacity of law enforcement agencies, fostering public awareness through educational programs, and involving local communities and traditional leaders in collaborative conservation efforts. By addressing these gaps, the research provides actionable insights to enhance the preservation of protected forests in Indonesia and supports the development of more sustainable and inclusive environmental policies

Tobing, Rudyanti Dorotea; Nugraha, Satriya; Putra, Rengga Kusuma

DINAMIKA HUKUM 2024 Universitas Stikubank

Article 468 paragraph (3) of the Election Law mandates that Bawaslu and its regional offices carry out the Settlement of Election Process Disputes (PSPP) through mediation or deliberation and consensus. This mediation is not optional but obligatory, aiming to reach an amicable agreement between the disputing parties. This process reflects Indonesia's local wisdom in resolving disputes peacefully through deliberation. Mediation or deliberation embodies Indonesia’s local wisdom in peacefully resolving disputes, providing psychological and political peace of mind for the parties involved through a win-win solution approach. In PSPP, mediation is prioritized to achieve a fair agreement for all disputing parties. The method used is normative juridical and employs descriptive analysis. In the 2024 elections, the number of PSPP applications decreased significantly, but the quality of dispute resolution through mediation improved. According to Bawaslu RI data as of March 25, 2024, 64.46% of disputes at the stage of determining the Provisional Candidate List (DCS) and the Final Candidate List (DCT) were resolved through mediation, 83.87% at the stage of changes to the DCT, and 97.34% for the Settlement of Disputes between Election Participants (PSAP). For the verification and determination of political parties, 16.67% were resolved through mediation. This success was supported by mediator training, the enhancement of election supervisors’ capacities, as well as representative technical guidelines from Bawaslu RI, along with the strong commitment of all election supervisors.