Jurnal IUS (Kajian Hukum dan Keadilan)
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Legal Basis and Readiness of the Banking Sector in Implementing Privacy Reliability Certification
Full text linkThere is a disharmony between PBI PKBI and PADG PKBI with the PDP Law, P2SK Law, SPK Law and PBSSN Common Criteria in terms of regulating the obligation to use privacy reliability certificates by financial sector business actors under BI, so that there are many cases of customer personal data breaches. By using normative and empirical juridical methods, this study analyzes efforts to harmonize the regulations related to privacy certification obligations in the financial sector under BI. The results of the study show that with grammatical, systematic, and teleological legal interpretation, PBI PKBI and PADG PKBI can be harmonized regarding the privacy reliability certificate as the legal object in question and the nature of the regulatory norms, but it is not harmonized regarding the status of the privacy reliability certificate as a mandatory SNI, because both PBI PKBI and PADG PKBI as technical regulations in the perspective of the SPK Law have not stipulated SNI ISO 15408-2, 15408-3, or 15408-5 as the referenced standard.There is a disharmony between PBI PKBI and PADG PKBI with the PDP Law, P2SK Law, SPK Law and PBSSN Common Criteria in terms of regulating the obligation to use privacy reliability certificates by financial sector business actors under BI, so that there are many cases of customer personal data breaches. By using normative and empirical juridical methods, this study analyzes efforts to harmonize the regulations related to privacy certification obligations in the financial sector under BI. The results of the study show that with grammatical, systematic, and teleological legal interpretation, PBI PKBI and PADG PKBI can be harmonized regarding the privacy reliability certificate as the legal object in question and the nature of the regulatory norms, but it is not harmonized regarding the status of the privacy reliability certificate as a mandatory SNI, because both PBI PKBI and PADG PKBI as technical regulations in the perspective of the SPK Law have not stipulated SNI ISO 15408-2, 15408-3, or 15408-5 as the referenced standard
Big Data Analytics Algorithms for Dynamic Pricing: The Legal Analysis of the Indonesia Competitions Law readiness in Digital Era
Full text linkThis article analyzes the readiness of Indonesian competition law regarding the utilization of big data and reinforcement learning as tools to improve retailers' pricing strategies, ultimately leading to increased profitability and higher customer engagement and loyalty. It conducts a comprehensive review of scholarly literature pertaining to adaptive algorithmic pricing, with a specific focus on analyzing trends and the impacts of algorithmic pricing strategies. The literature review spans the years 2018 to 2022 and adheres to PRISMA criteria, with academic journals from Scopus serving as the primary source of research papers. The findings of this review indicate that it is evident that the most frequently utilized type of algorithm is RL, that shares a resemblance to human learning processes. Competition law enforcement should consider the possibility of illicit agreements between these artificial agents of colluding companies. In light of the capacity of EAs to facilitate the coordination of illicit agreement, it is imperative to consider the reformulation of Article 5 of Law Number 5 of 1999 and Regulation of KPPU Number 4 of 2011, particularly regarding the classification of price-fixing, to be adjusted to the latest developments, particularly regarding "EAs". ITE Law also should not be limited to EAs merely acting as “tools”. Instead, it should acknowledge their capacity to function as “AI Agents” capable of autonomous action
No Viral No Justice: A Criminological Review of Social Media-Based Law Enforcement from the Perspective of Progressive Law
Full text linkThe phenomenon of "no viral, no justice" emerges due to public distrust of the justice system, prompting people to "play judge" themselves on social media in the name of substantive justice, despite the risks of defamation and violations of the legal process. The purpose of this research is to analyze the “no viral, no justice” phenomenon arising from social media-based law enforcement and evaluate its harmony with the principles of progressive law. This normative legal research uses a conceptual approach, applying primary and secondary legal materials, a literature study for data collection techniques, and content analysis to describe the application of progressive legal concepts in social media-based law enforcement. Qualitative data analysis is carried out systematically to draw conclusions in accordance with the research problem formulation. The results show that the "no viral, no justice" phenomenon arises because law enforcement is influenced by public pressure due to viral cases on social media to be addressed immediately, thus creating the perception that non-viral cases mean no justice. This contradicts the principles of progressive law, which promotes the protection of human rights, substantive justice, and rejects discrimination. Law enforcement is also still not considered harmonious with progressive law because viral cases on social media are prioritized without considering justice holistically, while the principles of equality before the law and the presumption of innocence should still be upheld before public pressure comes into play
Critical Examination of Emerging Issues in Refugee Protection: A Transnational Legal Perspective
Full text linkThis research critically examines contemporary challenges in protecting the rights of refugees, focusing on climate-induced displacement and the impact of technology on migration patterns. It identifies significant gaps in current legal frameworks, particularly in their ability to address the transboundary nature of modern displacement. The research highlights the limitations of existing conventions and the need for a more adaptable, transnational legal approach. Key recommendations include expanding the definition of persecution, integrating technology safeguards, and fostering global responsibility-sharing mechanisms. These proposals aim to enhance refugee protection and ensure that legal frameworks remain responsive to the evolving challenges of the 21st century
The Legal Status of Marriage (Merariq) Implementation Within The Indigenous People of Sasak Lombok
Full text linkThis research examines the legal status of merariq marriages within the Sasak traditional community in Lombok. Merarik marriages, governed by customary practices and norms, often conflict with Indonesia's national positive law. This study explores the interaction between Sasak customary law and national law regarding merarik marriages. Using qualitative methods and a case study approach, the researcher conducted in-depth interviews with traditional leaders, legal practitioners, and community members to gain a comprehensive understanding of the issue. The findings reveal a discrepancy between national legal provisions and customary practices, creating challenges in legal recognition and enforcement. The study suggests that harmonization between customary and positive law is necessary to ensure fair recognition of customary practices and the protection of individual rights. This research aims to enhance understanding of the legal dynamics within Indigenous communities and support the development of policies that are inclusive and responsive to cultural diversity
Reformulate Supervisory Mechanism of The Indonesian Corruption Eradication Commission, Why and How?
Full text linkSupervision of the Indonesian Corruption Eradication Commission needs to be reformed. This is to prevent the KPK from abusing its authority in the process of eradicating corruption. In addition, reforms also need to be carried out to increase accountability, ensure transparency, build public trust, and prevent internal corruption. Specifically, improvements to the KPK's supervision method in this study will focus on efforts to improve the filling of the KPK Supervisory Board position. The research method using Normative Juridical Legal Research, with a Conceptual Approach and a Statute Approach. The results of the study show that the KPK supervision carried out by the KPK Supervisory Board shows less than optimal results. This claim is due to the filling of the KPK Supervisory Board position which only comes from the President. There is no Checks and Balances mechanism in filling the Supervisory Board position. The author recommends that the DPR can take and increase its role in filling the KPK Supervisory Board position. In addition, there are several other reformulations of improvements. Including the implementation of reports and complaints with a reverse proof system, as well as building an information system for alleged ethical violations
Realizing “Deconstructional” Justice Through Agrarian Civil Law Reform: A Review Of Jacques Derrida’s Theory
Full text linkAgrarian law in Indonesia has a long history influenced by various power regimes. However, it still faces challenges such as agrarian conflicts and inequalities in land distribution. This research aims to analyze the application of Jacques Derrida's deconstruction concept in the reform of Indonesian agrarian civil law, by identifying and evaluating critical aspects that need to be deconstructed to realize more substantive and inclusive agrarian justice. This study uses normative legal research methods with a conceptual approach, analyzing primary, secondary, and tertiary legal materials through literature studies, and applying qualitative analysis techniques including descriptive, interpretative, and critical analysis to examine the application of Jacques Derrida's deconstruction theory in Indonesian agrarian civil law reform. The research results show that Jacques Derrida's deconstruction concept can be applied in Indonesian agrarian civil law reform to achieve more substantive justice. This approach allows for the dismantling of existing agrarian legal structures, revealing inconsistencies and contradictions within them, and opening space for new, more inclusive interpretations. Critical aspects that need to be deconstructed include colonial legacies in agrarian law, dualism between customary and national law, inequalities in land tenure, unfair conflict resolution mechanisms, lack of integration between agrarian policies and environmental protection, and weak implementation of indigenous peoples' rights. Through the deconstruction of these aspects, agrarian law reform can be directed to create a more just, inclusive, and sustainable system, taking into account broader social, cultural, and economic contexts..
Keyword: Deconstruction, Agrarian, Justice, Reform, Derrida
Legal Protection of Personal Data as Listed in Court Decision: A Discourse Renewal
Full text linkThis study aims to examine and analyze the actualization of specific personal data protection, especially criminal records in the context of court decisions. In the digital era and advances in information technology, personal data protection is becoming an increasingly important and relevant issue. However, there is a need to better understand how specific personal data protection is realized and implemented in the context of court decisions. For example, the court decision related to divorce. In the case of a divorce that befell an artist, the court decision was published on the court's official website. The impact is that the public knows the cause of the divorce. This is a form of no protection of personal data, under the pretext of openness of court information. This study use a normative legal research method with a statue approach and a conceptual approach. The data used consists of primary legal materials and court decisions related to personal data protection. In addition, this study also refers to legal literature and expert views related to personal data protection and court decisions. The results of the study indicate that the actualization of personal data protection, especially criminal records listed in court decisions, is an exception due to the principle of open trials and published trial results. There needs to be a reformulation of the concept of exceptions to personal data protection related to criminal records in the context of court decisions. This reformulation is emphasized to avoid abuse in the judicial process and maintain public trust in the judicial system. The reformulation was carried out to clarify the position of criminal records listed in Court Decisions as excluded objects and the rights of Personal Data Subjects regulated in the Personal Data Protection Law are also excluded for Court Decisions. The implications of this study are expected to provide a better understanding for related parties, including courts, governments, and the general public, regarding the importance of specific personal data protection in the context of the courts
Legal Regulation of E-courts in Ukraine as an Element of Access to Justice for the Protection of Individual Rights
Full text linkThe purpose of the research is to consider electronic judicial procedure as an element of access to justice regarding protection of rights of individuals. The assessment of the effectiveness of the judicial system in Ukraine in 2023 was 2.73 points on a 5-point scale. The judicial index consists of three equivalent components: the assessment of the level of trust in the judicial system of the CEOs of the EVA member companies, which this year was 2.17 points; the assessment of the impartiality of the judicial system, which is 2.88; and the average assessment of seven factors of the organization and operation of the judicial system, which is 3 and 13 points. It has been established that that certain elements of digitalization of social processes change the social space and, in particular, the mechanisms of judicial proceedings. In the process of the development of society, certain factors came to life and these factors led to the growth of the role of information and, and therefore, to a clearer allocation of the information function in the field of jurisprudence. The following conclusion was made: the need to use information technologies in the judiciary is due to the global informatization of modern society and the development of new forms of interaction in the civil sphere with the use of electronic means of communication: the global Internet, mobile and satellite communication systems, etc. “E-court” involves the use of information and communication technologies in the process of implementing procedural legislation. The novelties of the judicial system are aimed at expanding accessibility of justice in conditions of territorial peculiarities of the Ukrainian state, improving the quality of the process and efficiency, and achieving transparency and openness in the judicial system.
Enhancing the Competence of Supreme Court Judges Through the Specialization of Judges at the Supreme Court
Full text linkThe research aims to analyze the characteristics of judicial reviews carried out by the Supreme Court and efforts to increase the competence of Supreme Court judges through differentiation of judges' expertise in judicial reviews. This research is normative legal research with a conceptual and statutory approach. The results of the research show that the characteristics of the judicial review carried out by the Supreme Court are extensive or broad in nature, not only focusing on and referring to the hierarchy of statutory regulations, but the Supreme Court must first qualify a statutory regulation that is formed based on authority or on the orders of higher statutory regulations. The means to increase the competence of Supreme Court judges through differentiation of judges' expertise in judicial review are necessary so that judges' considerations can be comprehensive and substantive. Differentiation of expertise of Supreme Court judges is oriented towards aspects of special training for judges related to judicial review at the Supreme Court because the characteristics of judicial reviews are testing general and abstract norms, and further differentiation of judges' expertise needs to be optimized in terms of the types and characteristics of the regulations being tested.Penelitian bertujuan untuk menganalisis karakteristik judicial review yang dilakukan oleh MA dan upaya peningkatan kompetensi hakim agung melalui diferensiasi keahlian hakim dalam judicial review. Penelitian ini merupakan penelitian hukum normatif dengan pendekatan konsep dan perundang-undangan. Hasil penelitian menunjukkan bahwa karakteristik judicial review yang dilakukan oleh MA adalah bersifat ekstensif atau meluas yang tidak hanya berfokus dan mengacu pada hierarki peraturan perundang-undangan tetapi MA harus mengkualifikasi terlebih dahulu suatu peraturan perundang-undangan yang dibentuk berdasarkan kewenangan atau atas perintah peraturan perundang-undangan yang lebih tinggi. Upaya peningkatan kompetensi hakim agung melalui diferensiasi keahlian hakim dalam judicial review diperlukan supaya pertimbangan hakim dapat secara komprehensif dan substantif. Diferensiasi keahlian hakim MA diorientasikan pada aspek pelatihan khusus bagi hakim terkait dengan judicial review di MA karena karakteristik judicial review yang menguji norma yang sifatnya umum dan abstrak serta diferensiasi keahlian hakim secara lebih lanjut perlu dioptimalkan pada aspek jenis dan karakteristik peraturan yang diuji