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Astri Anggraeni Putri; Sidi Ahyar Wiraguna

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia’s civil dispute resolution system remains dominated by an adversarial litigation model that prioritizes legal certainty but often neglects the relational and emotional dimensions underlying conflicts. Yet, in many cases such as family, inheritance, or neighborhood disputes the restoration of social relationships is as crucial as formal legal resolution. This study explores the potential integration of restorative justice principles into Indonesia’s civil procedural law as an alternative approach centered on dialogue, accountability, and reconciliation. Employing a normative-juridical approach and qualitative analysis of primary and secondary legal sources, the research finds that restorative justice values align not only with Indonesia’s living law traditions such as musyawarah (deliberative consensus) and customary dispute resolution but also with existing provisions in civil procedure codes. Accordingly, the study proposes the Structured Restorative Mediation (SRM) Model, a procedural framework that embeds restorative principles into both court-annexed and community-based mediation. This model prioritizes relational healing while upholding legal certainty and procedural fairness. Its successful implementation requires regulatory support, enhanced mediator training, and institutional strengthening of community-based dispute resolution bodies. Thus, integrating restorative justice is not merely an innovation but a structural necessity for a more humane, inclusive, and holistically just legal system.

Talitha Kamilah; Sidi Ahyar Wiraguna

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The evolution of modern civil procedural law demands dispute resolution mechanisms that are responsive, efficient, and substantively just. In this context, Alternative Dispute Resolution (ADR) particularly mediation and arbitration has transformed from a supplementary option into a central instrument within Indonesia’s dispute resolution architecture. This study aims to analyze the development of ADR from the perspective of modern civil procedural law, focusing on the normative status and practical efficiency of mediation and arbitration as pre-litigation mechanisms. The research employs a normative-juridical approach, analyzing primary legal sources (legislation, Supreme Court Regulations [PERMA], court decisions) and secondary sources (scholarly journals, books, policy documents). The findings indicate that mediation has been mandatorily integrated into civil procedure through PERMA No. 1 of 2016, functioning as a court-facilitated pre-litigation stage, while arbitration operates as a consensual out-of-court mechanism under Law No. 30 of 1999. Both mechanisms demonstrate clear efficiency in terms of time (resolution within weeks to months), cost (minimal to predictable), and the ability to preserve parties’ relationships through collaborative processes and procedural confidentiality. Nevertheless, implementation challenges remain, particularly concerning the availability of qualified mediators and public perception of ADR. The study concludes that ADR is no longer a marginal alternative but an integral pillar of modern civil justice, aligning with principles of procedural efficiency and substantive justice.

Ismaya Rahailia Nasution; Sidi Ahyar Wiraguna

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The position of judges in the process of proving civil cases occupies a fundamental role in upholding justice and legal certainty within the Indonesian judicial system. This study aims to examine the judge’s position, duties, and authority in the evidentiary process of civil cases through a literature review focusing on doctrines and jurisprudence. Using a normative juridical method with a library research approach, this paper analyzes legal theories, statutory provisions, and judicial precedents that regulate evidentiary procedures in civil law. The findings show that a judge is not merely a passive law enforcer but an active truth-seeker who must interpret and assess evidence based on principles of fairness, propriety, and moral values. The judge’s discretion in evaluating evidence reflects the responsibility to harmonize formal legal norms with the pursuit of substantive justice. Jurisprudence demonstrates that judges play an essential role in shaping evidentiary standards and ensuring that court decisions reflect the ideals of justice and legal certainty. The study concludes that the authority and independence of judges are crucial in realizing a fair trial, as they ensure that decisions are based on verified facts, logical reasoning, and moral responsibility. Strengthening the professionalism and integrity of judges is necessary to guarantee that the evidentiary process in civil proceedings fulfills the principles of equality before the law and promotes justice in society. 

Delvi Eka Ariyanti; Sidi Ahyar Wiraguna

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The digital transformation of Indonesia’s judiciary through the e-Court system represents a Supreme Court initiative to realize the principles of speed, simplicity, and affordability as mandated by Article 2(4) of Law No. 48 of 2009 on Judicial Power. This study aims to analyze the effectiveness of these principles in the implementation of e-Court, particularly in civil cases at District Courts. The research employs a juridical-normative and juridical-empirical approach, collecting data through literature review, document analysis, and interviews with court officials, lawyers, and litigants. The findings indicate that e- Court significantly accelerates case administration, claim submission, and inter-party communication, reflecting a faster and more efficient adjudication process. Nevertheless, challenges remain, including technological infrastructure limitations, digital literacy disparities, and regional inconsistencies in implementation. Furthermore, although case fees have become more affordable, accessibility for people in remote areas continues to hinder procedural simplicity. The study concludes that e-Court has positively contributed to realizing the principles of speed, simplicity, and low cost, yet further policy reinforcement, equitable digital infrastructure, and human resource development are necessary to achieve an inclusive and just digital judiciary.

Arkaan Daffa; Sidi Ahyar Wiraguna

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The practice of leaking customer data by banks to third parties, such as Mata elang, raises serious problems in the context of personal data protection in Indonesia. This action not only threatens the individual's right to privacy but also has the potential to violate the legal provisions stipulated in Law Number 27 of 2022 concerning Personal Data Protection. This article aims to analyze the legal basis violated by this practice and provide a legal solution in an effort to protect customer rights. The formulation of the problem in this study is what form of legal violation of data leaks by banks to Mata elang and what is the legal enforcement mechanism. This study uses a normative legal method with a statutory and conceptual approach. Data were obtained through a literature study of relevant regulations and supporting scientific literature. The results of the analysis show that leaking customer data to third parties without valid consent is a violation of the principles of data processing in the PDP Law, especially regarding legality, transparency, and protection of data subjects. Banks as data controllers are responsible for the leak and can be subject to administrative, civil, or criminal sanctions. In closing, this study recommends strengthening internal bank regulations, strict supervision by regulatory authorities, and increasing legal awareness for customers. This effort is important to ensure the security of personal data and uphold the right to privacy in the banking system.

Sultan Reza Islami; Sidi Ahyar Wiraguna

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

Disputes over general election results (PHPU) at the Constitutional Court reflect the critical role of evidence in resolving electoral conflicts. However, in practice, there exists an imbalance in the evidentiary process between the disputing parties. This study aims to analyze such disparities using a normative juridical approach by examining laws and regulations, Constitutional Court decisions, and relevant legal literature. The findings indicate that evidentiary issues in PHPU are influenced not only by formal and material legal aspects but also by the political dynamics that accompany every electoral contest. Unequal access to evidence, disparities in evidentiary capacity among parties, and the Court’s limited ability to conduct active examinations exacerbate this imbalance. Additionally, political interests often influence perceptions of the independence of evidence and the objectivity of court decisions. Therefore, there is a pressing need to strengthen technical regulations on evidence, enhance the evidentiary capacity of disputing parties, and optimize the Constitutional Court’s role in maintaining balance in the evidentiary process. In conclusion, the imbalance of evidence in PHPU at the Constitutional Court stems not only from procedural weaknesses but also from the political interests surrounding the trial process. Reforming the evidentiary system is urgently needed to uphold the principles of electoral justice in Indonesia.

Wyanda Kinanti Syauqi Ramadhani; Sidi Ahyar Wiraguna

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The implementation of personal data protection in information systems at financial services companies is an important issue in this digital era. This study aims to analyze the implementation of personal data protection in information systems at financial services companies in Indonesia after the enactment of Law Number 27 of 2022 concerning Personal Data Protection (UU PDP). The main focus of the study is to identify the level of company compliance with the principles of personal data protection, the challenges faced in its implementation, and the legal and business implications that arise. The research method used is normative law with a qualitative approach, supported by literature studies and analysis of related documents. The results of the study show that although the PDP Law has been enacted, the implementation of personal data protection in the information systems of financial services companies still faces various challenges, including system complexity, varying stakeholder awareness, and the need for significant technology investment. This study concludes that more comprehensive efforts are needed from all relevant parties to ensure the effective implementation of the PDP Law and provide concrete suggestions for future improvements.

Berto Purnomo Sidik; Sidi Ahyar Wiraguna

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The protection of personal data privacy rights has become a crucial issue in the digital age. This research aims to analyze the effectiveness of digital applications in increasing public awareness regarding the importance of personal data protection and its legal implications. The research method employed is a literature study with a normative juridical approach, analyzing relevant laws and regulations on personal data protection, literature studies, and an analysis of the features of digital applications that focus on privacy education and control. The results of the study indicate that digital applications have significant potential in raising public awareness through the provision of easily accessible information, visualization of risks, and consent control mechanisms for data usage. However, their effectiveness heavily relies on intuitive interface design, clear and concise information delivery, and developers' compliance with personal data protection principles. This research recommends the need for more comprehensive regulations to ensure the quality standards and accountability of digital applications in educating the public about personal data privacy rights, as well as encouraging collaboration between developers, the government, and civil society organizations to create a safer and more privacy-aware digital ecosystem.