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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.

Galuh Candra Utami; Sidi Ahyar Wiraguna

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid advancement of digital technology has fundamentally transformed civil legal interactions, making electronic documents such as instant messages, online transactions, and digital contracts primary forms of evidence in many civil disputes. However, their admissibility in judicial proceedings remains fraught with challenges concerning formal and material validity. This study aims to identify juridical and technical obstacles in digital evidence and to formulate an ideal model for civil procedural law that ensures reliable electronic proof. A normative-juridical approach with qualitative analysis was employed, combining doctrinal research through legislative review, jurisprudence, and scholarly literature with case studies of court decisions involving electronic evidence, particularly in divorce disputes. The findings reveal that inconsistent judicial treatment stems from the absence of specific procedural rules in Indonesia’s civil procedure framework still rooted in colonial-era HIR and RBg alongside limited digital infrastructure and low technological literacy among judicial actors. In response, the study proposes an integrated legal construction model featuring explicit provisions in the upcoming Civil Procedure Code, adoption of the functional equivalence principle, institutionalization of digital forensic experts in litigation, and procedural safeguards for vulnerable parties. The research concludes that only through holistic reform of the evidentiary paradigm can Indonesia’s civil justice system guarantee fairness, legal certainty, and relevance in the digital era.

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.

Filal Khair; Sidi Ahyar Wiraguna

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The rapid digital transformation in Indonesia has intensified the need for robust personal data protection, particularly through the mechanism of the Data Protection Impact Assessment (DPIA) as stipulated in Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). This study employs a normative juridical and qualitative approach to examine the role of DPIA as a key instrument in identifying, evaluating, and mitigating privacy risks in high-risk personal data processing activities. The findings reveal that although DPIA represents a significant normative advancement, its implementation faces major challenges, including the absence of detailed technical regulations, limited institutional capacity, and insufficient data subject involvement. By comparing international best practices, this research highlights the urgent need to strengthen regulatory frameworks, enhance digital and privacy literacy, and develop a collaborative ecosystem to optimize the DPIA function. Normative recommendations are formulated to reinforce DPIA as a risk management tool and a safeguard for privacy rights, aiming to foster a secure and trustworthy digital ecosystem amid ongoing digital transformation.

Bella Fistya Asherli; Sidi Ahyar Wiraguna

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of information technology has had a significant impact on the pattern of collecting, processing, and storing personal data in the digital era. However, this progress is also accompanied by an increasing threat of cybercrime, one of which is phishing attacks. Phishing is a digital fraud mode that aims to obtain personal data illegally through social engineering and manipulation of electronic systems. This study aims to analyze the form of legal protection for phishing victims in the perspective of Law Number 27 of 2022 concerning Personal Data Protection (UU PDP). Using normative legal methods and conceptual approaches, this study examines the role of state authorities such as the National Cyber and Crypto Agency (BSSN) and the Directorate of Cyber Crime (Dittipidsiber) of the National Police Criminal Investigation Unit in the procedures for handling and prosecuting phishing. The results of the study show that although the PDP Law has provided a clear legal framework, its implementation still faces challenges in technical aspects, institutional coordination, and public digital literacy. Therefore, strong synergy is needed between regulation, supervision, and public education to realize effective and sustainable personal data protection in the digital era.

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.

Ayu Wulandari; Sidi Ahyar Wiraguna

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The principle of due process of law is a fundamental pillar in every modern legal system, including in the context of procedural law for judicial review of laws at the Constitutional Court of the Republic of Indonesia. This principle demands a fair, open, and balanced procedure for all parties to the case. However, in practice, the application of this principle often faces various problems, such as limited access to trial information, limited opportunities to submit evidence, and allegations of impartiality by the constitutional panel of judges. This study aims to critically examine the problems of applying the principle of due process of law in procedural law for judicial review of laws at the Constitutional Court. The research method used is normative juridical with a statutory approach and case studies of several Constitutional Court decisions. The results of the study indicate that there is a discrepancy between the normative provisions governing the principle of a fair trial and the factual implementation in court. This condition has the potential to weaken the legitimacy of the Constitutional Court as the guardian of the constitution and the protection of citizens' constitutional rights. Therefore, efforts are needed to reform procedural law at the Constitutional Court to strengthen the application of the principle of due process of law consistently, transparently, and accountably.

Alarode Lahoya Simbolon; Sidi Ahyar Wiraguna

RISOMA : Jurnal Riset Sosial Humaniora dan Pendidikan 2025 Asosiasi Ilmuwan Pendidikan, Sosial, dan Humaniora Indonesia

The Constitutional Court of Indonesia is a judicial institution with the authority to review laws against the 1945 Constitution of the Republic of Indonesia, resolve disputes between state institutions, decide on the dissolution of political parties, and adjudicate election result disputes. In exercising its authority, the Constitutional Court functions not only as the guardian of the constitution but also as a protector of human rights. This article aims to analyze how the procedural law of the Constitutional Court, as regulated under Law Number 24 of 2003 and its amendments, serves as a crucial instrument to ensure fair, transparent, and accountable proceedings in cases involving constitutional rights. This study adopts a normative juridical approach by examining legislation, legal doctrines, and Constitutional Court decisions that have had a significant impact on the protection of human rights. The analysis reveals that several rulings of the Court have expanded interpretations of human rights, although challenges remain regarding the consistency of procedural application and the effectiveness of decision enforcement. Therefore, strengthening the procedural law of the Constitutional Court is essential for ensuring the substantive and sustainable protection of human rights in Indonesia.  

Naswa Fiolla Anggraini; Sidi Ahyar Wiraguna

RISOMA : Jurnal Riset Sosial Humaniora dan Pendidikan 2025 Asosiasi Ilmuwan Pendidikan, Sosial, dan Humaniora Indonesia

This study aims to analyze the legal responsibilities that can be imposed on online lending platform organizers for the misuse and illegal distribution of consumer personal data. With the rapid development of the online lending industry, the issue of protecting consumer personal data has become a very important issue. Misuse of personal data can have serious impacts on consumers, including identity theft and financial loss. Therefore, this study examines the forms of legal responsibilities that can be applied, such as administrative, criminal, and civil responsibilities, as well as the obstacles faced in their implementation. This study uses a normative approach with an analysis of applicable regulations, namely the Personal Data Protection Law (UU PDP), the Electronic Information and Transactions Law (UU ITE), and other related regulations. Data were obtained through a literature review covering relevant laws and regulations, journals, articles, and case studies. The results of the study indicate that online lending platform organizers can be subject to three forms of legal responsibilities. Administrative responsibilities include sanctions imposed by supervisory authorities such as the Financial Services Authority (OJK) and the Personal Data Protection Agency (BPDP). Criminal responsibilities can be in the form of imprisonment and fines for those who violate provisions related to personal data protection. Civil liability gives consumers the right to file a lawsuit for losses caused by a breach of their personal data. This study also identified various obstacles in implementing legal liability, such as lack of awareness of organizers, difficulties in supervision, and legal loopholes in user agreements.

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.

Reysha Aurelia Shabilla; Yunesia Amelia Renanta; Sidi Ahyar Wiraguna

WISSEN : Jurnal Ilmu Sosial dan Humaniora 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the impact of personal data protection on consumer satisfaction in online transactions in the marketplace. Along with increasing attention to privacy, consumers are increasingly demanding better data protection policies from marketplaces. This research uses a qualitative approach with in-depth interview techniques and content analysis of the privacy policies of several marketplaces in Indonesia. The results show that an effective data protection policy has a positive effect on the level of consumer satisfaction. The main influencing factors are policy transparency, consumer awareness, and their experience with personal data management. However, there is still a gap between existing policies and implementation in the field. Marketplaces that successfully manage personal data well can increase loyalty and competitiveness in an increasingly competitive market. The research also highlights the importance of educating consumers about their rights to personal data and the urgency for marketplaces to improve supervision and compliance with existing regulations. Overall, personal data protection not only fulfills legal obligations, but also becomes a differentiation strategy that increases consumer trust and strengthens marketplaces' position in the market.

Shafa Salsabila; Sidi Ahyar Wiraguna

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The development of information technology has had a major impact on the personal data management system. In Indonesia, the enactment of Law Number 27 of 2022 concerning Personal Data Protection is a crucial step in guaranteeing individual privacy rights as part of human rights. This study aims to examine the form of legal accountability for personal data violations based on the provisions of the Law Number 27 of 2022. The method used is normative juridical with a statutory regulatory approach. The results of the study show that violations of personal data can be subject to sanctions in two forms, namely administrative and criminal. These sanctions are given to data controllers and parties proven to have violated the provisions, either due to negligence or deliberate actions. Although it has been regulated normatively, implementation in the field still faces a number of challenges, such as weak supervision, lack of legal literacy in the community, and unpreparedness of digital infrastructure. Thus, it is necessary to strengthen supervisory institutions, ongoing public education, and more responsive law enforcement mechanisms. This research is expected to contribute to the development of regulations and practices for personal data protection in Indonesia.

Khetrina Maria Angnesia; Sidi Ahyar Wiraguna

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

The rapid development of information technology in the digital era has presented new challenges in the protection of personal data. The government as the state administrator has a constitutional obligation to protect the rights of citizens, including the right to privacy. This study aims to analyze the form of government legal accountability in ensuring the protection of people's personal data amidst the increasing threat of information leaks and protection. The research method used is normative juridical with a regulatory-legislative approach as well as case studies and also the opinions of relevant experts. The research findings show that although there are legal instruments such as Law Number 27 of 2022 concerning Personal Data Protection, the effectiveness of its implementation is still limited by a number of factors, including weak supervision. The results of the analysis show that although regulations such as the Personal Data Protection Law have been present, implementation in the field still faces various obstacles, both in terms of law enforcement, public digital literacy, and transparency of permits. The government has a responsibility not only normatively, but also factually to protect personal data through policies that favor the public interest. The government is required not only to form regulations, but also to carry out supervisory and enforcement functions effectively and accountably, and sustainably in order to protect fundamental rights. Therefore, the government's legal responsibility must be realized through consistent real actions in ensuring the security of personal data in the digital era.

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.

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.