Journal Of Legal Studies Judex Praetor

Protection of Personal Data in the Digital Era: Legal Analysis and Implementation Challenges in Indonesia

2026-08-05T07:11:34+00:00

The development of information and communication technology has had a significant impact on people's lives, especially in the exchange and use of personal data thru digital media. The high usage of the internet, social media, and electronic-based services in Indonesia has made personal data increasingly vulnerable to misuse, such as data breaches, identity theft, and the dissemination of information without the data owner's consent. This research aims to analyze the legal protection of personal data and examine the challenges of implementing personal data protection in the digital era in Indonesia. The research uses a normative juridical method with a legislative approach and a case approach. Research data is obtained thru library studies by collecting primary, secondary, and tertiary legal materials related to personal data protection, which are then analyzed using a qualitative descriptive method. Research results show that Law Number 27 of 2022 on Personal Data Protection has provided a more comprehensive legal basis in ensuring the privacy rights of the community. However, its implementation still faces various obstacles, such as low public awareness, weak data security systems, and suboptimal law enforcement. This research concludes that personal data protection requires strengthened oversight, increased digital literacy, and cooperation between the government, society, and electronic system operators. The research results are expected to provide input for the development of more effective personal data protection policies in Indonesia.

Law Enforcement Against Cybercrime in Indonesia: Analysis of Regulatory Effectiveness and Digital Forensic Challenges

2026-07-21T12:08:49+00:00

This research aims to analyze the effectiveness of regulations in law enforcement against cybercrime in Indonesia and to examine the role and challenges of digital forensics in the process of proving cybercrime. The research uses the socio-legal method by integrating normative studies of legislation and empirical studies obtained thru various literature on the practice of cybercrime law enforcement in Indonesia. The approaches used include the statute approach and the conceptual approach. The research data consists of secondary data, including primary, secondary, and tertiary legal materials, which are qualitatively analyzed using Lawrence M. Friedman's Legal System Theory, encompassing legal substance, legal structure, and legal culture. The research results show that Indonesia has a sufficient legal foundation thru the Electronic Information and Transactions Law and its amendments in regulating various forms of cybercrime and recognizing electronic evidence as valid evidence. However, the effectiveness of law enforcement still faces various obstacles, including legal provisions that are still open to multiple interpretations, a lack of human resources with digital forensics competence, suboptimal supporting facilities and infrastructure, and weak coordination among law enforcement agencies. In addition, technological developments such as encryption, cryptocurrency, artificial intelligence, and anonymous networks further complicate the process of identifying perpetrators and proving cybercrimes. Therefore, there is a need for more adaptive regulations, an increase in the capacity of law enforcement officers, standardization of digital forensics, and strengthening international cooperation to enhance the effectiveness of law enforcement against cybercrime in Indonesia.

Challenges Criminal Acts of Corruption in the Procurement of Outsourcing Services for Government Officials

2026-06-18T05:58:24+00:00

Government procurement of outsourcing services plays a strategic role in supporting the effectiveness of public services, but is also vulnerable to corruption, particularly through abuse of authority by authorized officials. This study aims to analyze the forms of abuse of authority in the procurement of outsourcing services that can be qualified as corruption and to examine the criminal liability of the perpetrators. The method used is normative juridical legal research with a statutory and conceptual approach through literature study. The results of the study indicate that irregularities in the procurement of outsourcing services include tender manipulation, budget inflation, appointment of service providers that do not comply with procedures, and acceptance of bribes or gratuities. These actions fulfill the elements of corruption as stipulated in laws and regulations, particularly regarding abuse of authority that harms state finances. Criminal liability can be imposed if the elements of a criminal act, fault, and ability to be responsible are met. This study is expected to contribute to the development of criminal law and serve as a reference in efforts to prevent corruption in the government procurement sector.

A Juridical Analysis of Illegal Levies by Unauthorized Parking Attendants in Mataram City

2026-07-21T12:20:56+00:00

Illegal levies enforced by unauthorized parking attendants remain a persistent issue in Mataram City, causing financial harm to the public and significantly reducing local government revenue from official parking fees. This study aims to analyze the factors contributing to the proliferation of unauthorized parking attendants, conduct a juridical evaluation of these illegal extortion practices, and propose strategic measures for government authorities and law enforcement agencies. Employing a normative juridical research method with a statutory and literature approach, this study analyzes relevant legal frameworks, including local regulations and criminal law provisions. The findings indicate that the practice of collecting illegal levies by unauthorized attendants constitutes a criminal offense under the Indonesian Penal Code (KUHP) and violates Mataram City local regulations regarding parking management. The persistence of this issue is primarily driven by weak regulatory enforcement, economic pressures, and a lack of public awareness. To address this, local authorities and law enforcement must strengthen inter-agency supervision, enforce stricter legal sanctions, digitize parking payment systems, and conduct public awareness campaigns to eliminate unauthorized parking operations effectively.

Legal Analysis of Law Enforcement Regarding Special Fisheries Crimes Within the Operational Area of the Bitung PSDKP Base

2026-07-21T11:40:36+00:00

Law enforcement against specific fisheries crimes is a crucial tool in safeguarding the sustainability of marine and fisheries resources in Indonesia. The operational area of the Bitung Marine and Fisheries Resources Surveillance Base (PSDKP) is both strategically significant and prone to fisheries violations, such as illegal fishing, the use of prohibited fishing gear, and violations of fisheries business permits. This study aims to conduct a legal analysis of the implementation of law enforcement regarding specific fisheries crimes in the operational area of the Bitung PSDKP Station and to identify the obstacles encountered in practice. The research method employed is an empirical-normative legal study using a regulatory approach, a conceptual approach, and empirical data from the Bitung PSDKP Base, supported by secondary data in the form of regulations, legal doctrines, and relevant court rulings. The research findings indicate that law enforcement has been carried out in accordance with Law No. 31 of 2004, as amended by Law No. 45 of 2009 on Fisheries; however, it still faces challenges such as limited infrastructure, the vastness of the surveillance area, and coordination issues among law enforcement agencies. Therefore, institutional strengthening, human resource capacity building, and interagency synergy are needed to achieve effective and fair fisheries law enforcement.

Review of Tourism Law on the Double Ticket Payment System (Dieng Wonosobo Tourism Case Study)

2026-07-21T12:42:40+00:00

This study analyzes the implementation of the double ticket payment system in the Dieng Wonosobo tourist area from the perspective of tourism law. The study highlights the inconsistency between local regulations and field practices, where visitors are required to pay more than one entrance ticket for the same tourist area. With qualitative methods and normative-descriptive approaches, data was collected through interviews, observations, and documentation. The results of the study show that the double ticket system causes confusion, reduces tourist satisfaction, and has the potential to violate the principles of transparency and fairness in tourism management. In conclusion, local governments need to revise existing regulations and strengthen the supervision mechanism so that the tourist ticket system runs fairly and transparently.

Hexa-Helix-Based Integration of Zakat and Waqf in Strengthening the Regional Sharia Economic Ecosystem: Implications for Maqāṣid al-Sharī‘ah and the SDGs

2026-06-23T07:12:06+00:00

Strengthening the regional Islamic economic ecosystem is one of the key strategies for achieving inclusive, equitable, and sustainable development. Zakat and waqf play a strategic role as Islamic social finance instruments capable of supporting wealth redistribution, community economic empowerment, and the development of productive assets. However, the management of these two instruments still faces various challenges, such as low program integration, limited institutional synergy, and suboptimal collaboration among stakeholders. This study aims to analyze the integration of zakat and waqf based on the Hexa-Helix model in strengthening the regional Islamic economic ecosystem, as well as its implications for achieving the Maqāṣid al-Sharī‘ah and the Sustainable Development Goals (SDGs). The study employs a qualitative approach using the library research method. Data were obtained from various literature sources, including books, scientific articles, institutional reports, and relevant policy documents, and were then analyzed using descriptive-qualitative content analysis techniques. The results of the study indicate that the integration of zakat and waqf through the Hexa-Helix approach, which involves the government, zakat institutions, waqf trustees, universities, the halal business sector, and the community is capable of creating a more collaborative, effective, and sustainable governance framework. This integration contributes to the realization of the Maqāṣid al-Sharī‘ah specifically regarding the protection of religion, life, intellect, lineage, and property, and supports the achievement of the SDGs, particularly poverty eradication, improving the quality of education, inclusive economic growth, reducing inequality, and strengthening development partnerships.

Innovations in Court Summonses via Websites and Social Media as an Application of the Principles of Speed, Simplicity, and Affordability

2026-06-18T05:45:06+00:00

Although information technology has driven judicial digitalization in Indonesia through E-Court and e-Summons systems, general summonses for individuals with unknown whereabouts still rely on conventional methods such as court notice boards and print mass media governed by Article 390 HIR, Article 718 RBg, Article 27 of PP No. 9/1975, and Article 139 of the Compilation of Islamic Law. In light of modern digital communication habits, these traditional mechanisms lack procedural effectiveness. This study analyzes the legal framework governing general summonses and evaluates the urgency of integrating official websites and social media platforms to uphold the principle of fast, simple, and low-cost justice. Using a normative legal research method with statutory and conceptual approaches, the findings indicate that existing general summons regulations fail to keep pace with technological advancements. Utilizing court websites as passive publication channels and social media as active dissemination tools offers a far more effective, accessible, and transparent approach. Consequently, regulatory reforms and E-Court system enhancements are essential to formalize website- and social media-based public summonses, ultimately improving access to justice and advancing judicial modernization in Indonesia.

Maslahah Versus Textualism in Islamic Inheritance Law: An Analysis of Substitute Heirs in The Compilation of Islamic Law from the Perspective of Najmuddin Al-Thufi

2026-07-20T01:46:55+00:00

This article examines the legitimacy of the concept of the Substitute Heir as stipulated in Article 185 of the Compilation of Islamic Law (KHI) through the lens of Najmuddin Al-Thufi’s (657–716 H/1259–1316 CE) theory of Ri’ayah al-Maṣlaḥah. Unlike previous studies that approached the Substitute Heir through Hazairin’s bilateral theory or merely as part of the narrative of national legal reform, this research presents an epistemological argument that Article 185 of the KHI is fundamentally more aligned with Al-Thufi’s maslahat paradigm than with the textualism of classical faraʼiḍ. Using a normative-juridical method with conceptual, philosophical, and historical approaches, this article finds that: (1) Al-Thufi constructs the concept of maslahat as an independent legal instrument that, within the realm of muʿāmalah, can override the nash when there is a clear conflict with the public interest; (2) Article 185 of the Indonesian Islamic Family Law (KHI) constructs the substitution of heirs based on considerations of distributive justice, a concept unknown in the classical faraʼiḍ system; (3) epistemologically, the mechanism for substituting heirs represents the operationalization of riʿayah al-maṣlaḥah in the form of Indonesian Islamic family law legislation. These findings contribute theoretically to the discourse on contemporary Islamic inheritance law reform by offering a more coherent philosophical framework of justification compared to the textual-normative approach that has long dominated the literature on Islamic family law in Indonesia.

Legal Consequences of Construction Project Delays in Indonesia: A Normative Analysis of Breach, Liability, and Dispute Resolution

2026-07-02T08:52:22+00:00

Construction delays are a recurring problem in the implementation of construction contracts and may disrupt cost, schedule, and the intended benefits of a project. Existing studies cited in this article predominantly examine the causes and performance impacts of delays, while legal discussions tend to address default, liability, or dispute resolution separately. This study therefore examines how Indonesian law qualifies construction delays, allocates responsibility among the parties, determines their legal consequences, and provides mechanisms for resolving resulting disputes. The research employs normative legal research using statutory and conceptual approaches. Primary legal materials comprise the Civil Code, Law Number 2 of 2017 concerning Construction Services, Government Regulation Number 22 of 2020, and relevant contractual provisions, supported by secondary legal literature and prior studies. The analysis shows that a delay does not automatically constitute a breach of contract; its legal characterization depends on its cause, contractual risk allocation, and whether the delay is excusable, non-excusable, compensable, or concurrent. Contractor-caused delays may trigger penalties, damages, termination, and performance-bond encashment, whereas owner-caused or excusable delays may justify extensions of time and, where legally and contractually supported, compensation. The study contributes an integrated legal framework linking delay classification to liability and dispute resolution, emphasizing clearer contractual mechanisms for notice, evidence, time extensions, and allocation of delay risk.