Journal Summary BULETIN ADALAH is an academic journal published by UIN Jakarta (Universitas Islam Negeri Syarif Hidayatullah Jakarta), Indonesia. The journal serves as a scholarly platform for the dissemination of research, critical studies, and academic discussions in the fields of Islamic studies, social sciences, and contemporary issues related to Muslim societies. BULETIN ADALAH aims to promote interdisciplinary dialogue by publishing high-quality articles written by academics, researchers, and practitioners. The journal encourages contributions that offer theoretical insights, empirical research findings, and policy-relevant analysis within national and global contexts. The journal is published periodically and is available online through its official website: https://journal.uinjkt.ac.id/index.php/adalah Editorial Team Structure: Editor-in-Chief: Nur Rohim Yunus Managing Editor: Gilang Rizki Aji Putra Editorial Board Members: Anggit Ardiansyah Reviewers: Experts and scholars from relevant academic disciplines The journal applies a peer-review process to ensure academic integrity, originality, and scholarly quality.
Criminal Sanctions for Juvenile Bullying Offenders Resulting in Fatalities: An Analysis under Indonesia’s Juvenile Criminal Justice System Law No. 11 of 2012
The phenomenon of bullying among adolescents in Indonesia has shown an increasingly alarming trend, particularly when such behavior escalates into acts of violence resulting in loss of life. This condition raises complex legal issues, especially regarding the criminal liability of children as perpetrators. On the one hand, children in conflict with the law must be afforded legal protection and rehabilitation; on the other hand, the severe consequences of their actions demand law enforcement that ensures justice for victims. This study aims to analyze the regulation and application of criminal sanctions against child perpetrators of bullying resulting in death within the perspective of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, as well as to examine its conformity with the principles of restorative justice. This research employs a normative juridical method using statutory, conceptual, and case approaches. The legal materials consist of primary legal sources in the form of legislation, secondary legal sources such as legal literature and scholarly opinions, and tertiary materials as supporting references. Data collection is conducted through library research, while the analysis is carried out qualitatively using legal interpretation and legal reasoning methods. The results of the study indicate that under Law Number 11 of 2012, child perpetrators of bullying can still be held criminally liable, particularly in cases resulting in death. However, the imposition of criminal sanctions must take into account the best interests of the child and prioritize restorative justice principles. In serious criminal offenses resulting in death, diversion mechanisms cannot be optimally applied due to the limitations related to the severity of criminal sanctions. Therefore, formal criminal proceedings remain necessary while still integrating child protection principles in their implementation. In conclusion, the imposition of criminal sanctions against child perpetrators of bullying resulting in death is necessary for the enforcement of the law; however, it must be carried out proportionally without disregarding restorative justice principles. A balance is required between protecting the child offender and ensuring justice for the victim to achieve fair and humane legal objectives. Keywords: Bullying, Child Offender, Criminal Liability, Restorative Justice, Juvenile Criminal Justice System
Integrasi Ijtihad dan Taqlid dalam Pengembangan Hukum Islam Kontemporer
This study examines the integration of ijtihad and taqlid in the development of contemporary Islamic law through a comparative ushul al-fiqh perspective. It argues that viewing these concepts dichotomously obscures their complementary epistemological roles. While ijtihad provides legal dynamism and adaptability, taqlid ensures continuity, stability, and legitimate transmission of scholarly authority. Through historical and methodological analysis, the study highlights taqlid metodologis and collective ijtihad as effective models for contextualizing Islamic law without undermining its classical foundations. This integrative approach enables Islamic legal reasoning to remain coherent, responsive, and normatively grounded amid modern social and intellectual transformations. Keywords: Ijtihad, Taqlid, Ushul al-Fiqh
Perbandingan Metodologi Fatwa antara Ulama Klasik dan Modern: Ushul Fikih dan Kontekstualisasi Ijtihad
This study compares the methodologies of fatwa formulation between classical and modern scholars through a comparative ushul al-fiqh perspective, emphasizing the contextualization of ijtihad. It argues that classical fatwas were predominantly text-based, madhhab-oriented, and individual in nature, reflecting relatively stable social contexts. In contrast, modern fatwa methodologies respond to complex contemporary realities through collective ijtihad, interdisciplinary analysis, and a strong orientation toward maqāṣid al-sharī‘ah. Despite methodological shifts, both approaches remain grounded in ushul al-fiqh. The study concludes that modern fatwa methodology represents a contextual extension of the classical tradition, balancing textual fidelity with social relevance to ensure Islamic law remains adaptive, legitimate, and responsive to modern challenges. Keywords: Fatwa Methodology, Ijtihad, Ushul al-Fiqh
Ijtihad dan Otoritas Keilmuan dalam Ushul Fikih: Antara Tradisi Normatif dan Kontekstualisasi Hukum Islam
This study examines the relationship between ijtihad and scholarly authority within ushul al-fiqh, focusing on the tension between normative tradition and contemporary contextualization of Islamic law. It argues that ijtihad has always been governed by epistemological frameworks that define legitimate authority through methodological competence and hierarchical expertise. Classical ushul al-fiqh regulated ijtihad to prevent arbitrariness, while modern contexts demand adaptive reasoning to address complex social realities. Through comparative analysis, the study shows that contemporary ijtihad requires reconstructing scholarly authority toward collective, institutional, and maqāṣid-oriented models. This approach preserves methodological integrity while enabling Islamic law to remain dynamic, credible, and responsive to modern challenges. Keywords: Ijtihad, Scholarly Authority, Ushul al-Fiqh
Perbandingan Kebebasan Berijtihad dalam Tradisi Mazhab: Ushul Fikih dan Kontekstualisasi Ijtihad
This study compares the scope of freedom in exercising ijtihad across the four Sunni schools of Islamic jurisprudence through a comparative ushul al-fiqh perspective. It argues that freedom of ijtihad has never been absolute but has always been regulated by methodological frameworks shaped by each madhhab’s epistemological orientation. The Hanafi and Maliki schools emphasize substantive and contextual flexibility through rational reasoning and public interest, while the Shafi‘i and Hanbali schools prioritize methodological discipline and textual fidelity. The study concludes that these diverse models represent complementary approaches. In contemporary contexts, integrating their strengths enables responsible contextualization of ijtihad while preserving normative continuity and scholarly legitimacy. Keywords: Ijtihad, Madhhab, Ushul al-Fiqh
Analisis Taqlid dalam Perspektif Ushul Fikih Modern: Kontekstualisasi Ijtihad dan Reorientasi Otoritas Keilmuan
This study examines taqlid within the framework of modern ushul al-fiqh, focusing on its relationship with the contextualization of ijtihad and the reorientation of scholarly authority. It argues that classical taqlid functioned as a necessary epistemological mechanism to preserve legal stability, rather than as an obstacle to intellectual progress. Through a comparative analysis, the study shows that contemporary critiques often conflate legitimate taqlid with uncritical imitation. Modern ushul al-fiqh reconstructs taqlid as methodological adherence that supports collective and context-sensitive ijtihad. The study concludes that redefined taqlid complements ijtihad, ensuring continuity, legitimacy, and adaptability of Islamic law in rapidly changing social and intellectual contexts. Keywords: Taqlid, Ijtihad, Ushul al-Fiqh
Dinamika Ijtihad dalam Lembaga Fatwa Kontemporer: Perspektif Ushul Fikih dan Kontekstualisasi Ijtihad
This study examines the role of mujtahids within the Hanafi and Hanbali schools through a comparative ushul al-fiqh perspective, emphasizing their relevance for the contextualization of ijtihad. It argues that the Hanafi model prioritizes rationality and adaptability through ra’y, qiyas, and istihsan, enabling flexible responses to social realities. In contrast, the Hanbali approach emphasizes textual fidelity and methodological caution, ensuring normative consistency. However, later developments in Hanbali thought incorporate maqāṣid-oriented reasoning. The study concludes that integrating both rational and textual approaches allows Islamic law to remain adaptive, credible, and responsive to contemporary legal challenges. Keywords: Mujtahid, Ijtihad, Ushul al-Fiqh
This study analyzes the dynamics of ijtihad within contemporary fatwa institutions through a comparative ushul al-fiqh framework, emphasizing its role in contextualizing Islamic law. It argues that modern fatwa institutions have transformed ijtihad from an individual to a collective and institutional process, integrating multidisciplinary expertise. While rooted in classical methodologies, these institutions employ maqāṣid al-sharī‘ah to address complex global issues. Comparative insights show a synthesis of madhhab approaches, balancing flexibility and methodological rigor. Despite challenges such as political influence and information overload, fatwa institutions remain crucial mediators between tradition and modernity, ensuring relevant, accountable, and context-sensitive Islamic legal development. Keywords: Ijtihad, Fatwa Institutions, Ushul al-Fiqh
Perbandingan Tingkatan Mujtahid dalam Empat Mazhab: Ushul Fikih dan Kontekstualisasi Ijtihad
This study examines the hierarchical classification of mujtahid within the four Sunni schools through a comparative ushul al-fiqh perspective, emphasizing its relevance for the contextualization of ijtihad. It highlights levels such as mujtahid mutlaq, mujtahid mazhab, mujtahid tarjīḥ, and mujtahid fatwa, which reflect varying degrees of authority and competence in legal reasoning. While Hanafi and Maliki approaches demonstrate greater flexibility and contextual adaptation, Shafi‘i and Hanbali traditions emphasize methodological rigor and textual discipline. The study argues that this hierarchy enables continuity and innovation in Islamic law. In contemporary settings, activating these levels supports adaptive, methodologically grounded, and context-sensitive legal responses. Keywords: Mujtahid Levels, Ijtihad, Ushul al-Fiqh
The Scope of the Banten Provincial Government’s Authority in Population Control Under Indonesia’s Regional Governance Framework
This study examines the scope of the Banten Provincial Government’s authority in implementing population control policies within Indonesia’s decentralized governance system. The research is grounded in the principle of decentralization as regulated under Law Number 23 of 2014 concerning Regional Government, which establishes the distribution of governmental affairs between the central and regional governments. The study specifically addresses two main issues: first, the authority of the Banten Provincial Government in implementing population control programs; and second, the institutional balance between the National Population and Family Planning Agency (Badan Kependudukan dan Keluarga Berencana Nasional / BKKBN) and the Office of Women Empowerment, Child Protection, Population Control, and Family Planning of Banten Province (DP3AKKB) in implementing population control policies under Law Number 52 of 2009 concerning Population Development and Family Development. This research employs an empirical juridical method to examine the governmental affairs assigned to the Banten Provincial Government in the population control sector and to analyze the coordination between BKKBN and DP3AKKB as the primary institutions responsible for policy implementation. The study uses statutory analysis supported by empirical findings derived from institutional practices and policy implementation. The findings indicate that the authority of the Banten Provincial Government in population control affairs is regulated under Articles 11 and 12 of Law Number 23 of 2014 concerning Regional Government, which also carries financial implications under Law Number 33 of 2004 concerning Fiscal Balance between the Central Government and Regional Governments. Furthermore, the implementation of population control programs by BKKBN and DP3AKKB has not yet achieved optimal balance and effectiveness. This condition arises from the transfer of authority over family planning and population control programs from the central government to regional governments, resulting in policy disparities and variations in implementation among different regions. This study concludes that although decentralization aims to strengthen regional autonomy in population control governance, the shift in authority has created challenges related to institutional coordination, policy harmonization, and program effectiveness. Therefore, stronger intergovernmental coordination and regulatory synchronization are necessary to ensure effective and equitable implementation of population control policies across regions in Indonesia. Keywords: Population Control; Regional Government Authority; Decentralization; Family Development; Regional Autonomy; BKKBN; Public Governance; Indonesia.
Regional Government Authority in Granting Building Approval Permits Under Indonesia’s Job Creation Law: Centralization, Digitalization, and Local Administrative Power
This study examines the authority of regional governments in granting Building Approval Permits (Persetujuan Bangunan Gedung / PBG) under Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law. The study is motivated by the regulatory transformation from the former Building Construction Permit (Izin Mendirikan Bangunan / IMB) regime to the PBG system, which has significantly altered the distribution of authority between the central and regional governments within Indonesia’s decentralized governance framework. This research employs a normative legal research method using statutory and conceptual approaches. The analysis is based on primary, secondary, and tertiary legal materials examined qualitatively to evaluate the legal position and administrative authority of regional governments in implementing the PBG system under the current regulatory framework. The findings demonstrate that regional governments continue to hold a strategic role in the administration of building approvals, particularly in relation to technical assessments, supervision, and the implementation of norms, standards, procedures, and criteria established by the central government. Nevertheless, the Job Creation regulatory framework indicates a growing centralization of authority through the integration of digital licensing mechanisms, particularly the Online Single Submission (OSS) system, which has reduced the discretionary authority of regional governments in the licensing process. Furthermore, several implementation challenges remain evident, including limited human resources, inadequate technological infrastructure, and the lack of regulatory harmonization between central and regional authorities. This study concludes that the authority of regional governments in granting Building Approval Permits under Law Number 6 of 2023 remains legally recognized; however, such authority is primarily administrative and technical in nature within a more centralized regulatory structure. Therefore, strengthening institutional capacity, harmonizing regulations, and improving the integration of licensing systems are essential to achieving effective, efficient, and accountable public services in Indonesia’s building governance sector. Keywords: Regional government authority; Building Approval Permit (PBG); Job Creation Law; public administration; licensing system; decentralization; Online Single Submission (OSS); Indonesia.
Legal Protection of Outsourced Workers Under Indonesia’s Job Creation Law: Between Labor Market Flexibility and Workers’ Rights
This study examines the legal protection afforded to outsourced workers under Indonesia’s Job Creation Law and its implementing regulations. The enactment of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law on Job Creation has significantly transformed Indonesia’s labor law framework, particularly in relation to outsourcing practices. One of the most substantial regulatory changes is the removal of restrictions on the categories of work that may be outsourced, which were previously governed under Law Number 13 of 2003 concerning Manpower. The technical implementation of outsourcing arrangements is further regulated under Government Regulation Number 35 of 2021. This research employs a normative legal research method using statutory, conceptual, and comparative approaches. The study is based on the analysis of primary, secondary, and tertiary legal materials, which are examined qualitatively to evaluate the effectiveness of legal protection mechanisms for outsourced workers within the current labor law regime. The findings reveal that the post-Job Creation regulatory framework reflects a paradigm shift from restricting outsourcing practices toward emphasizing normative labor protection. Legally, outsourced workers continue to receive recognition of fundamental labor rights, including wage protection, social security, occupational health and safety guarantees, and compensation rights under fixed-term employment agreements. However, the elimination of limitations on outsourced work has expanded labor market flexibility and increased the potential use of outsourcing systems, which may consequently weaken job security and employment stability for workers. Furthermore, the trilateral legal relationship among outsourced workers, outsourcing service providers, and user companies continues to create legal ambiguities regarding responsibility and accountability in cases involving violations of workers’ rights. This study concludes that although legal protection for outsourced workers is normatively guaranteed under the Job Creation legal framework, its practical effectiveness remains highly dependent on consistent supervision, effective law enforcement, and regulatory compliance by employers. Therefore, a balanced regulatory model is necessary to harmonize economic flexibility with the protection of workers’ fundamental rights within Indonesia’s industrial relations system. Keywords: Outsourced workers; legal protection; labor law; Job Creation Law; industrial relations; labor deregulation; employment security; Indonesia.
Kesadaran Hukum Masyarakat terhadap Privasi Digital: Potret, Faktor Determinan, dan Tantangan dalam Mewujudkan Kepatuhan terhadap UU PDP
This article analyzes public legal awareness of digital privacy in Indonesia and its implications for implementing Law No. 27/2022 on Personal Data Protection (PDP Law). Using normative-sociological legal research and secondary data from digital literacy surveys, the study finds that public awareness remains superficial and is not consistently reflected in protective behavior. Low digital literacy, power imbalances between individuals and corporations, and cultural perceptions of privacy as a secondary value contribute to this condition. Major data breach cases reveal a gap between knowledge and action. The article recommends strengthening digital privacy education, literacy campaigns, and accessible complaint mechanisms. Keywords: Legal Awareness, Digital Privacy, PDP Law, Digital Literacy, Legal Culture.
Kebocoran Data dan Tanggung Jawab Hukum Korporasi Digital: Menggagas Rezim Akuntabilitas Mutlak dalam Ekosistem Ekonomi Digital Indonesia
This article examines corporate legal liability for personal data breaches in Indonesia’s digital business sector under Law No. 27/2022 on Personal Data Protection (PDP Law). Using normative legal research with statutory, conceptual, and comparative approaches, the study finds weaknesses in proof mechanisms, sanctions, and collective compensation systems. Current regulations rely heavily on fault-based liability, burdening victims despite the massive and asymmetrical nature of data breaches. Cases in digital finance and e-commerce reveal weak corporate accountability and limited victim recovery. The article recommends adopting strict liability, stronger supervisory authority, and accessible class action mechanisms. Keywords: Data Breach, Corporate Liability, Strict Liability, PDP Law, Collective Compensation.
Etika dan Hukum dalam Penggunaan Data Pribadi: Menjembatani Kesenjangan antara Kepatuhan Formal dan Tanggung Jawab Moral di Era Data-Driven Society
This article analyzes the ethical and legal dimensions of personal data use in the digital economy, focusing on Indonesia’s PDP Law (Law No. 27/2022). It assesses the gap between legal compliance and ethical responsibility in data governance. Using normative legal research with conceptual and philosophical approaches, the study finds misalignment between legal standards and ethical expectations. Key principles such as fairness, algorithmic transparency, and user autonomy are not fully reflected in regulation. Digital lending cases show formal compliance may conflict with ethical expectations requiring stronger ethical integration in governance systems. Keywords: Ethical Data, Data Protection Law, Formal Compliance, Fairness, Algorithmic Transparency
Hak Privasi vs Kepentingan Negara dalam Pengawasan Siber: Menemukan Keseimbangan Konstitusional di Era Digital Panopticon
The tension between citizens’ privacy rights and state cyber surveillance has become a major constitutional issue in the digital era. This article analyzes the constitutional limits of state surveillance and explores a balance between security interests and democracy. Using normative legal research with conceptual, statutory, and comparative approaches, the study finds that Indonesia’s cyber surveillance framework lacks proportionality, judicial oversight, and accountability. Regulations under the ITE Law and Intelligence Law grant broad discretion without adequate due process safeguards. The article recommends stronger judicial supervision, limiting executive discretion, and establishing a special supervisory court chamber. Keywords: Privacy Rights, Cyber Surveillance, State Interests, Proportionality, Due Process.
Perlindungan Data Pribadi sebagai Hak Asasi di Era Digital: Menggagas Paradigma Konstitusional dalam Arsitektur Privasi Indonesia
Digital transformation has turned personal data from identity information into a tradable asset. This article examines personal data protection within a human rights framework and evaluates Indonesia’s regime under Law No. 27/2022 on Personal Data Protection (PDP Law). Using conceptual, statutory, and comparative approaches, the study finds that the PDP Law provides a legal foundation but still faces challenges involving independent supervision and remedies for data subjects. Personal data protection represents privacy, dignity, and constitutional rights. The article recommends establishing an independent supervisory authority and strengthening digital literacy. Keywords: Personal Data Protection, Human Rights, Digital Privacy, PDP Law, Constitutional Rights.
The Authority of the Constitutional Court as a Negative Legislator in Decision No. 135/PUU-XXII/2024: Constitutional Analysis and Its Implications for Indonesia’s Electoral System
This study examines the authority of the Mahkamah Konstitusi as a negative legislator in Decision No. 135/PUU-XXII/2024 and its implications for Indonesia’s electoral system. In principle, the Court functions as a negative legislator, whose role is limited to annulling unconstitutional norms without creating new legal norms. However, the decision separating national and local elections has generated significant debate regarding the boundaries of the Court’s authority. This research aims to analyze whether the Court, in this decision, remains within its role as a negative legislator or has shifted toward a positive legislator, as well as to assess the implications of such a shift on the electoral system. This study employs normative legal research using statutory, conceptual, and case approaches. The findings indicate that Decision No. 135/PUU-XXII/2024 reflects a tendency of the Court to formulate new legal norms, thereby suggesting a shift toward a positive legislator role. Nevertheless, this shift may be justified within the framework of constitutional interpretation, particularly in addressing legal gaps through judicial law-finding. The implications of this decision extend beyond electoral system design, affecting the principles of separation of powers and constitutional stability in Indonesia. Keywords: Constitutional Court, Negative Legislator, Positive Legislator, Electoral System, Constitutional Law
Peran Pemerintah dalam Penegakan Hukum Digital di Indonesia: Antara Proteksi Warga, Ketertiban Siber, dan Risiko Otoritarianisme Digital
Digital law enforcement requires governments to be not only regulatory but also responsive to technological change. This article explores the multidimensional role of the Indonesian government, including regulation, execution, supervision, and facilitation. Using normative legal research with statutory and conceptual approaches, the study finds that government roles remain fragmented and predominantly repressive rather than restorative. Despite progress in legislation, a persistent paradox exists between maintaining order and protecting digital rights. Cases of platform blocking illustrate tensions between sovereignty and freedom. The government must shift toward a more accountable, facilitative role. Keywords: Digital Law Enforcement, Government Role, Content Blocking, Digital Sovereignty, Accountability
Sinkronisasi Regulasi Teknologi Informasi dengan Hukum Pidana Nasional: Harmonisasi Norma dan Penyelesaian Konflik Yurisdiksi di Era Digital
Information technology regulation in Indonesia, particularly the Electronic Information and Transactions Law, has developed sectorally and often lacks alignment with the national criminal law framework. This article analyzes the level of synchronization, identifies inconsistencies, and proposes an integrative harmonization approach. Using normative legal research with statutory, conceptual, and comparative approaches, the study finds horizontal disharmony between the ITE Law, the Criminal Code, and related laws. This condition creates legal uncertainty, overlapping offenses, and inconsistent enforcement. Integrated legislative reform and clearer conflict-of-norm guidelines are necessary. Keywords: Regulatory Synchronization, Criminal Law, ITE Law, Norm Harmonization, Lex Specialis
Perubahan UU ITE: Upaya Perlindungan atau Pembatasan Hak Digital? Sebuah Analisis terhadap Reformulasi Norma Pidana Siber di Indonesia
The second amendment to the Electronic Information and Transactions Law introduces key changes, including the affirmation of ultimum remedium and reduced criminal sanctions. This article critically examines whether these reforms genuinely strengthen digital rights protection or merely repackage restrictive norms. Using normative legal research with statutory, conceptual, and comparative approaches, the study finds that while the amendments improve safeguards, structural gaps remain, particularly the absence of ex ante filtering and vague definitions. Enforcement practices also show inconsistency. The reform is a partial, paradoxical step that still risks limiting fundamental digital rights. Keywords: ITE Law Amendment, Digital Rights, Ultimum Remedium, Freedom of Expression, Criminalization
Problematika Pasal Karet dalam UU ITE dan Implikasinya terhadap Kebebasan Berekspresi: Sebuah Tinjauan Kritis dari Perspektif Negara Hukum Demokratis
Ambiguous provisions in the Electronic Information and Transactions Law have created legal uncertainty and threatened freedom of expression. This article analyzes problematic “rubber articles,” particularly Articles 27 and 28, and their impact on Indonesia’s digital democracy. Using normative legal research with conceptual and statutory approaches, the study finds that unclear formulations violating lex certa enable excessive discretion and criminalization of critical expression. Their implementation produces a chilling effect, limiting public participation and weakening democratic discourse. Reformulating offenses and strictly applying ultimum remedium are essential to safeguard constitutional freedoms. Keywords: Electronic Transactions Law, Rubber Articles, Freedom of Expression, Lex Certa, Chilling Effect
Analisis Kritis terhadap Implementasi Undang-Undang ITE di Indonesia: Menimbang Kembali Kepastian Hukum dan Perlindungan Kebebasan Sipil di Era Digital
The Electronic Information and Transactions Law was enacted to ensure legal certainty in digital activities. However, its implementation has generated controversy due to vague provisions and repressive enforcement. This article critically examines its application in Indonesia, focusing on controversial articles, impacts on freedom of expression, and the effectiveness of revisions. Using normative legal research with statutory, conceptual, and case approaches, the study finds persistent weaknesses, including unclear norms (lex certa) and risks of criminalization. Despite adopting ultimum remedium, enforcement practices remain problematic. Strengthening legal guidelines and judicial oversight is essential. Keywords: Electronic Transactions Law, Legal Certainty, Criminalization, Lex Certa, Freedom of Expression
Rekonstruksi Hukum Siber di Indonesia dalam Perspektif Negara Hukum Digital: Sebuah Keniscayaan Regulasi Adaptif
Digital transformation has reshaped legal relations, creating borderless cyberspace beyond national jurisdiction. This study examines challenges in Indonesia’s cyber law and proposes a digital rule of law approach. It finds current regulations are fragmented, reactive, and often create legal uncertainty. Key areas for reform include personal data protection, liability for digital content, and online dispute resolution. The study concludes that beyond legal reform, adaptive and rights-based regulation is needed, supported by a cyber omnibus law and stronger digital literacy among law enforcement. Keywords: Digital Rule of Law, Cyber Law Reconstruction, Legal Certainty, Personal Data, Omnibus Law
Urgensi Pembaruan Regulasi Teknologi Informasi di Era Disrupsi Digital: Potret Kegamangan Hukum Positif Indonesia dalam Merespons Perubahan Sosial
Digital disruption has created new realities that existing technology laws cannot fully address. This study highlights the need to update regulations in Indonesia to keep pace with rapid technological developments. It finds that many current laws are outdated and unable to regulate innovations such as artificial intelligence, the Internet of Things (IoT), and cross-border digital payments. Without adaptive reforms, Indonesia risks legal gaps that threaten its digital sovereignty. The study concludes that regulatory reform should be flexible and adopt an agile governance approach, while strengthening oversight institutions. Keywords: Digital Disruption, Regulatory Reform, Artificial Intelligence, Agile Governance, Digital Sovereignty
Dinamika Hukum dan Teknologi: Antara Inovasi dan Kepastian Hukum dalam Mewujudkan Ekosistem Digital yang Berkeadilan
The relationship between law and technology is paradoxical; while technological advancement drives innovation and societal progress, its rapid pace creates uncertainty and regulatory challenges. This article examines the friction between innovation and legal certainty in Indonesia’s digital governance. Using normative legal research with conceptual and comparative approaches, the study finds that Indonesian law faces a persistent pacing problem, lagging behind technological developments. Key tensions emerge in fintech, artificial intelligence, and platform economies, where rigid regulations hinder experimentation and create risks for innovation and consumer protection. Adaptive legal frameworks are therefore essential. Keywords: Technological Innovation, Legal Certainty, Pacing Problem, Platform Economy, Adaptive Law
Konsep Ruang Siber dalam Perspektif Hukum Modern: Menimbang Ulang Kedaulatan, Yurisdiksi, dan Subjek Hukum di Era Digital
Cyberspace has created a new dimension of existence that transcends the physical boundaries underlying modern law. This article examines cyberspace from theoretical and practical perspectives within contemporary legal frameworks, focusing on sovereignty, jurisdiction, and legal subjects. Using normative legal research combined with philosophical and comparative approaches, the study finds that territoriality rooted in the Peace of Westphalia is no longer effective in governing borderless digital environments. Unilateral jurisdictional claims create sovereignty conflicts and legal uncertainty, while new digital entities challenge traditional legal subject definitions. Modern law must adopt functional sovereignty and structured jurisdictional pluralism. Keywords: Cyberspace, Digital Sovereignty, Jurisdiction, Modern Law, Territoriality
Digitalisasi dan Tantangan Kedaulatan Hukum Nasional: Studi tentang Pergeseran Otoritas dari Negara ke Entitas Digital Global
Digitalization has blurred the geographical boundaries underpinning state legal sovereignty. This article analyzes how digitalization erodes national legal sovereignty through three mechanisms: extraterritorial foreign regulation, dominance of digital platforms as quasi-sovereign actors, and reliance on global technical standards. Using normative legal research with conceptual and statutory approaches, the study finds that Indonesia’s legal sovereignty is continuously negotiated with market forces and transnational regulatory regimes. The Brussels Effect and corporate-controlled code architectures limit national legislation. Maintaining sovereignty requires shifting toward functional sovereignty focused on controlling critical infrastructure and data. Keywords: Legal Sovereignty, Digitalization, Extraterritoriality, Digital Platforms, Data Sovereignty
Analisis Yuridis Penerapan Ultra Petita dalam Putusan Mahkamah Konstitusi di Indonesia
This paper is to explain the implementation and implications of ultra petita in the decisions of the Constitutional Court (MK) in Indonesia. Although theoretically constrained by the boundaries of the request (petitum), in practice, the MK often rules beyond what is requested to fulfill the values of substantive justice and the constitution. This study uses a social construction approach to law to see how these decisions are produced and interpreted.
Diversion Policy for Child Victims of Drug Abuse in Indonesia: A Normative Juridical Analysis
Children represent the future generation and must be granted special legal protection, particularly when they come into conflict with the law. In cases of drug abuse, children often occupy a complex position, not only as perpetrators of criminal acts but also as victims of social environment influences, family conditions, peer pressure, and exploitation by other parties. This study examines whether the mechanism for implementing diversion for children involved in narcotics offenses is in accordance with the objectives of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Law Number 35 of 2009 concerning Narcotics in Indonesia. Furthermore, it analyzes Indonesia’s criminal law policy regarding the application of diversion in addressing juvenile drug-related offenses. This research employs a normative juridical method with a descriptive-analytical approach, focusing on statutory regulations and legal principles relevant to juvenile justice and drug abuse cases. The findings indicate that children involved in drug abuse should primarily undergo rehabilitation as a form of guidance and recovery rather than be subjected to punitive sanctions. Imposing criminal penalties on children is considered disproportionate, as child drug users are essentially victims of illicit drug trafficking, especially given their vulnerable age. Judicial considerations in deciding such cases include juridical aspects such as the prosecutor’s indictment, criminal charges, witness testimonies, the defendant’s statements, and evidence presented in court, as well as non-juridical aspects, including aggravating and mitigating circumstances. Therefore, diversion policies play a crucial role in ensuring that the best interests of the child are upheld, emphasizing restorative justice and rehabilitation over punishment in handling juvenile narcotics cases. Keywords: Diversion Policy; Child Victims; Drug Abuse; Juvenile Justice System; Rehabilitation