Publication Search

The development of digital technology has had a significant impact on people's lives, including the protection of citizens' privacy rights. One key issue that has emerged is the management and protection of personal data, which is increasingly vulnerable to misuse. This study aims to examine and compare the personal data protection provisions stipulated in the 2024 Electronic Information and Transactions Law (ITE Law) and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The research method used is a normative approach with comparative study techniques. The study focuses on the legal substance, scope of data protection, and institutional roles in implementing both regulations. The analysis shows that the ITE Law remains general in nature, lacking specific detailed regulations governing personal data protection mechanisms. Meanwhile, the PDP Law presents a more systematic and comprehensive specific regulation, referencing international principles such as the General Data Protection Regulation (GDPR) in the European Union. However, several implementation challenges exist, including overlapping authority between institutions, inconsistencies in legal norms, and limited adequate legal infrastructure. This situation has the potential to create regulatory dualism and complicate the law enforcement process. Therefore, steps are needed to harmonize the ITE Law and the PDP Law, strengthen the capacity of institutions responsible for data protection, and increase the digital literacy of the public so that citizens' digital rights can be optimally protected in the digital era.

The misuse of personal data in financial technology (fintech) services, particularly in peer-to-peer lending practices, is showing a worrying upward trend and is an urgent legal issue that requires addressing. Article 32 of Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) serves as a primary legal basis for protecting electronic data. However, the effective implementation of this article in the context of fintech services still faces various challenges. This study employed an empirical legal approach with a combination of literature study and interviews. Interviews were conducted at the Surakarta Financial Services Authority (OJK) Office and with a number of fintech service users as respondents. The results showed that approximately 70% of personal data misuse cases originated from illegal online lending services. The most frequently reported violations included unauthorized use of data (40%), access to contacts and galleries on personal devices (35%), and threats of personal data dissemination (25%). The main obstacles in implementing Article 32 of the ITE Law include the difficulty of tracking perpetrators' jurisdiction, technical limitations in digital forensics, and low public legal literacy. Therefore, policy integration with Law Number 27 of 2022 concerning Personal Data Protection and the Financial Services Authority (OJK) provisions in POJK No. 77/POJK.01/2016 is necessary. This study recommends strengthening regulations, establishing an independent supervisory authority, increasing public education, and utilizing digital technology to promote more effective personal data protection in the Indonesian fintech ecosystem.

The development of information technology has brought about significant changes in the social, economic, and legal life of global society. On the one hand, digitalization creates efficiency and convenience in various activities, such as financial transactions, communications, and access to information. However, on the other hand, this progress has also given rise to a new form of crime known as cybercrime. Cybercrime differs from conventional crime in that it is committed through electronic systems that can cross national borders and involve a large number of victims. This crime encompasses various forms, such as data hacking, online fraud, and malware distribution. This research aims to examine the development of cybercrime as a form of modern crime in the digital era and to assess the response of Indonesian criminal law to these challenges. The method used is normative legal, with a statutory, conceptual, and case study approach. This research also examines existing regulations, such as Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE) and Law Number 27 of 2022 concerning Personal Data Protection, in addressing cybercrime issues. The research results show that although Indonesia has several regulations related to cybercrime, their implementation still faces various obstacles. Some of the main obstacles include suboptimal law enforcement, limited technology and human resources, and low levels of public digital awareness. Therefore, regulatory reform, institutional capacity development, and increasing public digital literacy are essential. This is part of a national strategy to address cybercrime comprehensively and sustainably, in order to create a safer and more trustworthy digital environment.

This study aims to analyze the legal responsibilities of e-sports teams regarding the fulfillment of wage rights and the forms of legal protection for professional athletes based on applicable laws and regulations in Indonesia. As the e-sports industry develops as part of the digital and creative economy, the issue of employment relations between e-sports teams (as employers) and athletes (as professional workers) has become an important issue that requires in-depth study from a legal perspective. This study uses a normative legal method with a statutory approach. This approach is used to analyze positive legal norms that regulate the rights and obligations in employment relations and the legal protection mechanisms available to e-sports athletes. This research is prescriptive in nature, meaning it not only describes the applicable legal conditions but also provides recommendations for improvements. The legal material collection technique was carried out through a literature study that included relevant laws and regulations, books, scientific journals, and court decisions. The results of the study indicate that e-sports teams, which can legally be in the form of business entities or corporations, have a legal obligation to pay athletes' wage rights in a timely and full manner as stated in the employment contract. If there are delays or deductions in wages without legal basis, e-sports teams can be held liable under civil, criminal, and administrative laws. Furthermore, legal protection for athletes as workers still faces various challenges, particularly related to weak oversight by relevant authorities and low levels of legal awareness among both team management and athletes themselves. To address this, concrete steps are needed in the form of strengthening law enforcement mechanisms, increasing legal education for e-sports industry players, and developing labor protection policies specifically for e-sports. This way, the rights of professional athletes can be guaranteed fairly and proportionally.

This study aims to examine the legal gaps and regulatory challenges in enforcing criminal liability against perpetrators of crimes within Indonesia’s crypto ecosystem, particularly in the context of Decentralized Finance (DeFi), smart contracts, and decentralized digital asset trading platforms. The research employs a normative juridical approach using statutory and conceptual methods. The findings indicate that current criminal law instruments, such as Article 378 of the Criminal Code, Article 28 paragraph (1) of the Electronic Information and Transactions (ITE) Law, Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering (TPPU), and Law No. 10 of 1998 on Banking, are inadequate to address the unique and complex characteristics of crypto-related crimes. These crimes are anonymous, cross-jurisdictional, and difficult to trace due to the absence of centralized authority. As a result, the existing legal framework fails to provide sufficient victim protection and leads to weak law enforcement effectiveness. This legal vacuum also hampers the state's ability to respond to the growing digital threats and creates legal uncertainty in the expanding crypto space. Therefore, this study recommends the formulation of specific criminal regulations that comprehensively define digital assets, legal subjects within decentralized systems, and new criminal offenses relevant to crypto-related conduct. It also calls for the establishment of specialized institutions dedicated to investigating and prosecuting such crimes. These proposed regulations are expected to strengthen the national criminal justice system, making it more adaptive, fair, and effective in addressing the challenges posed by digital transformation.

This research examines the legal framework governing digital employment contracts on gig economy platforms, with particular focus on the tension between operational flexibility and worker protection within the Indonesian legal context. The study employs comparative legal analysis methodology, exam-ining Indonesia's regulatory approach against international frameworks including the European Union's Platform Work Directive (2024), California's AB5 legislation, France's flexicurity model, and Spain's Rider Law. The research analyzes the employment status classification challenges faced by approximately 2.5 million Indonesian gig workers who operate within a legal gray area between traditional employment and genuine self-employment. The investigation reveals that Indonesia's current regulatory framework lacks comprehensive provisions addressing platform-mediated work relationships, creating significant legal ambiguity regarding worker rights and protections. Through comparative analysis, the study demonstrates that jurisdictions implementing presumption-based employment tests, such as California's ABC test, have successfully reduced misclassification by reversing the burden of proof onto hiring entities. The research identifies that the absence of clear classification criteria in Indonesian law undermines constitutional principles of social justice and equal protection as enshrined in Articles 27(2) and 28D(2) of the 1945 Constitution.The study concludes that Indonesia requires adaptive legislation that establishes rebuttable presumptions of employment for platform workers while maintaining appropriate flexibility for genuine entrepreneurial activities. The primary legal insight reveals that effective regulatory frameworks must in-corporate algorithmic transparency requirements, collective bargaining mechanisms, and social security provisions. The research recommends implementing a presumption-based classification system similar to the ABC test, coupled with mandatory platform engagement with elected worker representatives on tariffs and working conditions, thereby ensuring fundamental labor protections without stifling technological innovation.

Consumer protection in e-commerce transactions in Indonesia faces significant challenges due to the lack of specific regulations that clearly define the responsibilities of digital platforms. Law Number 8 of 1999 concerning Consumer Protection (UUPK) serves as the primary legal framework, but it has not adequately addressed the complexities of digital transactions, leading to legal uncertainty in resolving disputes and safeguarding consumer rights. This gap in the law leaves consumers vulnerable, as their rights are not clearly protected in the digital environment. One of the main issues is the low level of consumer legal literacy in Indonesia, which exacerbates the problem. Many consumers are unaware of their rights or how to enforce them, making it difficult for them to seek redress in case of problems with e-commerce transactions. This lack of understanding creates an environment where consumers are often left without proper recourse when facing issues such as faulty products, delayed deliveries, or breaches of personal data security. This study aims to identify the barriers to consumer protection in e-commerce and propose solutions to address these challenges. The study suggests that more comprehensive and adaptive regulations are needed to define the responsibilities of e-commerce platforms clearly. These regulations should include effective complaint mechanisms, stronger consumer data protection policies, and a framework for resolving disputes quickly and transparently. Additionally, the study emphasizes the need for stricter supervision and more robust law enforcement to ensure that digital trading platforms comply with consumer protection laws. The findings highlight the importance of creating a safe, fair, and trusted digital trading ecosystem in Indonesia, where consumers feel secure and are empowered to demand their rights. By implementing these recommendations, Indonesia can improve consumer protection in the digital economy, ultimately fostering a more sustainable and transparent e-commerce environment.  

Indonesia's digital transformation has accelerated dramatically, creating unprecedented opportunities alongside significant cybersecurity challenges. This article examines the current state (das sein) and normative expectations (das sollen) of Indonesia's cybersecurity and data protection legal framework through a comprehensive normative legal analysis. The study reveals critical gaps in existing legislation, particularly the Information and Electronic Transactions Law (UU ITE). It evaluates the potential impact of emerging regulatory frameworks, including the Draft Law on Personal Data Protection (RUU PDP). Using normative legal research methodology, this analysis draws from statutory regulations, policy documents, and comparative legal studies to assess Indonesia's legal preparedness for evolving cyber threats. The findings indicate that while foundational legal instruments exist, significant normative reforms are required to address sophisticated cybercrime, protect individual privacy rights, and maintain national digital security. The research concludes with actionable recommendations for legislative enhancement, institutional strengthening, and public-private collaboration to establish a robust, adaptive cybersecurity legal regime that meets international standards while addressing Indonesia's unique socio-legal context.

This research examines legal protection against child sexual exploitation through Augmented Reality (AR) and Virtual Reality (VR) technologies, which are increasingly developing in the digital era. AR combines virtual elements with the real world, while VR creates a fully immersive environment. Both offer positive opportunities and serious risks, including new crime modes such as the creation of avatars or virtual models of children for sexual purposes, grooming in virtual spaces, and the distribution of immersive child pornography. Anonymity, the difficulty of age verification, the lack of digital literacy, and the forensic challenges of 3D content are significant obstacles to law enforcement. Existing regulations, including Law No. 17 of 2016 concerning Child Protection, Law No. 1 of 2024 concerning the Second Amendment to the ITE Law, and Law No. 12 of 2022 concerning the TPKS, have provided a strong legal basis, but do not specifically regulate AR/VR technology. A normative juridical research method with a statutory and conceptual approach is used to analyze existing norms, regulatory gaps, and their relevance to international standards such as the Budapest Convention and the Lanzarote Convention. The research findings emphasize the urgency of adaptive regulatory updates to technological developments, the implementation of cybersecurity standards, mandatory age verification, and strengthening the capacity of law enforcement officers in digital investigations and AR/VR forensics. Cross-border and cross-sector collaboration is needed to expedite notice and takedown mechanisms and close legal loopholes exploited by perpetrators. These efforts are expected to create a safe digital environment for children and increase the effectiveness of legal protection in the realm of immersive technology.

Technological developments in the modern era have experienced rapid growth, one of which is through the advancement of Artificial Intelligence (AI). This technology has now become an integral part of people's daily lives because it can provide convenience, efficiency, and innovation in various fields. However, behind the benefits offered, AI also carries potential risks, especially when misused. One of the most worrying forms of misuse is deepfakes, namely AI-based digital content manipulation that can convincingly imitate a person's voice, face, and movements. Deepfakes have triggered various digital crimes, such as identity forgery, the creation and distribution of non-consensual pornographic content including sexual exploitation, blackmailing, the spread of fake news (hoaxes), digital terror, fraud, and defamation. The increasingly sophisticated level of AI in manipulating data demands swift action, appropriate regulations, and effective oversight strategies from the government to anticipate its negative impacts. This research uses a normative juridical method with a statute approach and a conceptual approach. This approach allows for a comprehensive analysis of the existing legal framework, the concept of legal protection, and the urgency of establishing new regulations related to AI technology. The research findings indicate that the government needs to take a number of strategic steps, including: (1) drafting specific regulations governing the use and limitations of AI, particularly regarding deepfakes; (2) developing and implementing effective deepfake detection technology; (3) providing protection, recovery, and rehabilitation mechanisms for victims; and (4) implementing widespread public education to raise public awareness of the risks of AI misuse.

Digital transformation in land administration is a strategic step by the Indonesian government to realize a more efficient, transparent, and secure land registration system. One concrete form of this transformation is the implementation of electronic land certificates (e-certificates) regulated in the Ministerial Regulation of ATR/BPN No. 1 of 2021. This article aims to analyze the implementation of electronic land certificates as a legal innovation in the national land registration system and examine the challenges and solutions faced in its implementation. Using a normative juridical approach supported by literature studies and analysis of laws and regulations, this article finds that e-certificates have a strong legal basis and great potential in reducing agrarian conflicts, accelerating the registration process, and strengthening legal protection of land rights. However, its implementation is still faced with structural obstacles, such as limited information technology infrastructure, low digital literacy of the community, and resistance to system changes. Therefore, a strong policy commitment, an inclusive implementation strategy, and strengthening regulations and institutions are needed to ensure the success of the digitalization of the land system in Indonesia. Electronic land certificates are not only an administrative tool, but also a symbol of legal reform and equitable land governance in the digital era. Furthermore, enhancing public awareness and education regarding e-certificates is crucial to foster acceptance and understanding among stakeholders. Engaging various community groups in the digital transformation process can also facilitate smoother transitions and promote a culture of innovation in land administration. Ultimately, the successful implementation of e-certificates can serve as a model for other sectors undergoing digital transformation in Indonesia.

Advances in information technology-based financial services are beginning to follow suit, in the form of peer-to-peer lending, which provides easy access to loans without the need for conventional financial institutions. However, this convenience brings new challenges, particularly regarding the protection of users' personal data. Many platform providers access excessive amounts of sensitive information, such as contacts, photos, and other personal data, which can be misused to the detriment of borrowers. Therefore, this study aims to identify and analyze regulations related to personal data protection, particularly in the field of peer-to-peer lending services in Indonesia. It also analyzes the role of financial institutions, namely the Financial Services Authority (OJK), in addressing potential violations committed by platform providers. Using a normative legal approach, the study shows that despite the existence of these regulations, implementation in the field is suboptimal, particularly in terms of monitoring illegal platforms. Furthermore, challenges to oversight include limited resources and a lack of digital literacy among the public, which results in many users not fully understanding the risks of sharing their personal data. This study also highlights the importance of collaboration between the OJK, the Ministry of Communication and Information Technology, and law enforcement agencies to strengthen oversight mechanisms and take action against violations. In addition, extensive public education regarding personal data security is needed to encourage greater vigilance in using digital services. Personal data protection must be a top priority in the development of financial technology to prevent privacy violations. Strict regulations and effective sanctions are expected to provide a deterrent effect and create a healthy and equitable fintech ecosystem in Indonesia. This study also recommends that the government accelerate harmonization between the Personal Data Protection Law (PDP Law) and financial services sector regulations, particularly regarding service providers' transparency obligations in managing consumer data.  

In the rapidly evolving digital era, data breaches have emerged as a serious threat, particularly in the e-commerce sector which handles vast amounts of customers’ personal data. The protection of personal data has therefore become a crucial issue, requiring effective regulation to ensure digital privacy. In response to this growing concern, Indonesia enacted the Personal Data Protection Law (UU PDP) in 2022 as a significant step toward strengthening digital privacy and security. This study aims to evaluate the effectiveness of the 2022 PDP Law in addressing customer data breach incidents on e-commerce platforms in Indonesia. Using a qualitative approach and case study method, this research analyzes several high-profile data breach cases involving major e-commerce companies in the country. The findings indicate that, although the PDP Law has established a clear legal framework regarding the obligations of reporting and managing data breaches, its implementation still faces multiple challenges. Some companies have not fully complied with the legal timeframes for notifying users, and there is a general lack of transparency in how data breach incidents are managed. These shortcomings reveal a gap between the regulatory framework and practical enforcement in the field. Furthermore, the study highlights the limited public awareness and the insufficient preparedness of some companies in responding to data security incidents in accordance with the law. As a result, the rights of consumers to be informed and protected are not always upheld effectively. This research recommends stronger supervision by relevant authorities to ensure stricter enforcement of the PDP Law. It also underscores the need for ongoing education and intensive training for e-commerce companies to enhance their capacity to prevent, detect, and respond to data breaches in compliance with the legal standards. By reinforcing regulatory implementation and organizational readiness, Indonesia can better safeguard digital consumer rights in the growing e-commerce landscape.

Cyberattacks on critical infrastructure have become a major challenge in the era of global digitalization. The problem formulation in this study is how international law is applied to address cyberattacks on critical infrastructure in Indonesia, what challenges Indonesia faces in enforcing international law regarding cyberattacks on critical infrastructure, and what efforts are made to overcome these challenges in enforcing international law related to cyberattacks on critical infrastructure in Indonesia. The research method used in this study is normative legal research. The research results show that the enforcement of international law against cyberattacks on critical infrastructure in Indonesia faces significant challenges, such as unclear regulations, issues of state sovereignty, and disagreements between countries. Although Indonesia has participated in international initiatives such as the Budapest Convention and UNGGE, the international law enforcement mechanism is still ineffective in addressing cross-border cyberattacks. Indonesia's domestic law, such as the ITE Law, is still limited in dealing with threats from abroad. Therefore, closer international cooperation, updating domestic policies, and strengthening domestic legal and technological capacities are necessary to ensure more effective and responsive protection against cyber threats.

The rapid expansion of fintech lending services, particularly cross-border peer-to-peer (P2P) lending, has created significant legal challenges concerning consumer protection. This study examines whether existing legal frameworks adequately safeguard consumer rights within the borderless digital lending environment. Utilizing a normative-juridical method combined with a comparative approach, the research analyzes Indonesia’s regulatory structure alongside selected international frameworks. The findings reveal substantial gaps in consumer protection, exacerbated by the proliferation of illegal online lending platforms, regulatory fragmentation across jurisdictions, and the misuse of personal data. National regulations often prove insufficient to address complex cross-border legal issues. This study underscores the urgency of global regulatory harmonization, enhanced national oversight mechanisms, and improved digital literacy among consumers. It concludes with recommendations for regulatory reform, the establishment of international supervisory cooperation, and the strengthening of institutional roles, particularly by financial and communication authorities, to ensure robust consumer protection in the evolving fintech lending ecosystem.

This study examines the legal aspects and implementation of employment contracts in Indonesia in the context of changes in labor regulations. The study analyzes the legal framework underlying employment contracts, worker rights protection, employer obligations, and implementation challenges in the field. Using a qualitative approach and legal document analysis, this study identifies several key issues related to employment contracts, including imbalance in bargaining power, unclear clauses, and compliance with the latest regulations. The results of the study show that although there has been progress in legal protection through labor laws, implementation in the field still faces various challenges. This study provides recommendations for improving policies and practices related to employment contracts that are more balanced, transparent, and in line with the principle of fairness for all parties.

The complexity of the financial services sector necessitates effective dispute resolution mechanisms. This study analyzes the implementation of financial services dispute mediation by OJK DIY under OJK Regulation No. 1/LAPS-SJK/I/2021 and explores procedural constraints. An empirical juridical method with qualitative approach was employed through in-depth interviews with OJK DIY officials and consumers utilizing mediation services, supplemented by secondary data from official documents and related regulations analyzed descriptively. Findings reveal a low mediation success rate of 18.67% from 2,501 complaints in 2023 with an average resolution duration of 10 working days. Primary obstacles include digital gaps in service access, insufficient legal and financial literacy among the public, bargaining power disparities between consumers and financial institutions, and limited program socialization. The research recommends transforming OJK DIY's mediation system through enhanced digital access, strengthened consumer education, equalized bargaining positions, and intensified socialization. This study contributes to developing more efficient and equitable dispute resolution policies and provides strategic recommendations for improving consumer protection in Indonesia's financial services sector.

The utilization of Artificial Intelligence (AI) in healthcare services and medical diagnosis in Indonesia has grown rapidly alongside the digital transformation of the health sector. AI technology has been employed to improve service efficiency, accelerate diagnostic processes, and enhance disease detection accuracy, particularly through medical imaging and ECG data analysis. Algorithms such as K-Nearest Neighbor (KNN) and Chi-Square have shown effectiveness in heart disease classification. However, despite its benefits, AI implementation presents legal challenges. The absence of specific regulations regarding legal liability in cases of AI-based diagnostic errors creates uncertainty for both medical professionals and patients. Additionally, the lack of national standards, weak patient data protection, and digital literacy gaps present significant obstacles. Adaptive policies, the establishment of dedicated regulations, and collaboration between government, medical practitioners, technology developers, and academics are essential to develop a legal framework that accommodates AI advancements responsibly. With clear legal certainty, AI technology can be optimally utilized to support more inclusive and high-quality healthcare services.

Legal protection of personal health data amidst the rapid digitalization of health services, such as telemedicine, electronic medical records, and online consultation applications is very important. Sensitive health data requires careful management, but in fact, many digital service providers in Indonesia have not implemented adequate security standards. The case of the BPJS Kesehatan participant data leak is a real example of the weakness of the data protection system, coupled with the practice of data misuse by digital platforms without valid consent. The method used is qualitative with a normative legal approach, through a literature study of primary and secondary regulations such as Law No. 27 of 2022 concerning Personal Data Protection (UU PDP), the ITE Law, and related Government Regulations and Permenkes. The results of the study show that although regulations are comprehensively available, implementation in the field still faces serious challenges such as the lack of appointment of Data Protection Officers (DPOs), weak supervision, and low awareness of data protection. Real threats such as cyber attacks, data leaks due to negligence, and misuse by third parties are the main issues. Electronic system providers have a great responsibility in building an information security system, preparing privacy policies, and implementing the principle of "privacy by design".  

Cases of child sexual abuse in Indonesia continue to show an alarming trend and have serious physical, psychological and social impacts on victims. This research aims to analyze the legal and social implications of these criminal acts and formulate responsive and adaptive legal protection strategies. The research method uses a normative-juridical approach through a literature study, supported by secondary data from scientific journals, laws and regulations, and official reports. The results of the study show that although child protection regulations have been regulated in Law Number 35 of 2014 and Law Number 12 of 2022, their implementation still faces obstacles, such as weak law enforcement, lack of assistance services, and low public legal awareness. Protection strategies based on the victim's perspective, community legal education, and utilization of digital technology are proposed as solutions. This research recommends inter-agency synergy and the strengthening of a legal system that is adaptive to social and digital developments