KAJIAN HUKUM TERHADAP PENERAPAN SISTEM E-TILANG DALAM PENANGANAN PELANGGARAN PIDANA LALU LINTAS DI KOTA DENPASAR

The aim of the article is to explore the place and role of the Constitutional Court of Ukraine in the mechanism of constitutional cultural rights and freedoms protection within the context of Ukrainian constitutional justice reforming. The subject of research is the protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine. Methodology. Scientific research is based on the use of philosophical, general, and special scientific methods and techniques of scientific cognition. The dialectic method allows examining the phenomenon of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine within the dynamics of its evolution and interaction with other legal concepts. The systemic method made it possible to present the mechanism of protection of constitutional cultural rights and freedoms of citizens as a combination of interrelated elements. The formal-legal method was used to analyse the regulatory framework of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine along with relevant decisions of this judicial body. Results obtained upon completion of the research give an opportunity to claim that the protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine may be performed on the basis of both direct and indirect access of persons to the constitutional jurisdiction body through the regulatory compliance assessment (constitutional recourse and initiation of legal action by certain state power bodies and its officials through constitutional claim filing). Practical outcomes. Research provides: examination of doctrinal and applicable aspects of the Constitutional Court of Ukraine activity on the protection of constitutional rights and freedoms of citizens; characteristics of general theoretical essence of constitutional cultural rights and freedoms of citizens with distinguished types; analysis of peculiarities of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine in the course of its powers exercising. Value/originality. On the basis of a comprehensive study of constitutional doctrine, Ukrainian legislation and implementation practices certain proposals are elaborated regarding the improvement of the effectiveness of the Constitutional Court of Ukraine activity in the area of protection of constitutional cultural rights and freedoms of citizens.

In the digital era, satellite technology such as Starlink by SpaceX offers high-speed broadband internet, but raises concerns regarding the privacy of users' personal data. This research aims to analyze the impact of using Starlink on data privacy in Indonesia, assess the readiness of technological infrastructure and data protection policies, and compare Indonesia's policies with other countries. Human rights theory, personal data protection theory, interactive justice theory, and governed interdependence theory were used to understand this context. The results show that the use of Starlink affects the privacy of users' personal data through data collection without consent, the risk of insecure data storage, and unauthorized access by third parties. Indonesia has several laws such as the ITE Law and the Personal Data Protection Law, but their implementation and enforcement need to be improved. Comparison with other countries such as the European Union which has GDPR shows the need for more comprehensive regulations in Indonesia. This research recommends increased awareness about data privacy, adoption of stringent data security practices, and development of comprehensive regulations. In conclusion, it is important for Indonesia to develop a personal data protection strategy that is balanced with satellite technology innovation to maintain individual privacy in the digital era.

Introduction: This study compares consumer protection laws in the digital era in Indonesia and the European Union (EU).Purposes of the Research: The study is grounded in consumer protection theory, focusing on the legal principles governing consumer rights, data privacy, and dispute resolution in digital transactions.Methods of the Research: A qualitative comparative approach was employed, analyzing primary legal texts such as Indonesia's Consumer Protection Law and the Personal Data Protection Law, the EU's General Data Protection Regulation (GDPR), and relevant consumer protection directives.Results of the Research: The analysis demonstrates a significant contrast between the two jurisdictions. The European Union has established a highly developed and harmonized legal framework—most notably through the GDPR—which ensures consistent protection of consumer data across its member states. By contrast, Indonesia’s legal framework, although supported by the Consumer Protection Law and the Personal Data Protection Law, remains fragmented and continues to encounter challenges in enforcement as well as inter-agency coordination. Whereas the EU adopts a preventive and rights-based regulatory approach designed to safeguard consumers proactively, Indonesia’s model tends to be more reactive, relying on sectoral regulations and post-violation enforcement mechanisms. These findings underscore the necessity for Indonesia to strengthen enforcement capacity, enhance regulatory harmonization, and adopt a more comprehensive approach capable of addressing the rapid expansion of digital commerce.

In today's increasingly advanced digital era, technology usage is increasing, making personal identity crucial. Personal data plays a significant role because it directly relates to a person's self-esteem and freedom of expression. Without legal regulations governing the security of personal information, individuals could be harmed by data breaches. With the development of the digital era, which is increasingly integrated with big data, personal data is now a highly valuable commodity. This is understandable, as the growth of the digital economy has been proven to boost the overall economy. However, this development also brings various legal obstacles related to the legality of digital transactions and the security of individual data. This article aims to examine the relevant legal aspects of digital business activities in Indonesia and evaluate regulations on consumer personal data protection. Despite its high economic value, consumer identity data protection remains inadequate. Numerous cases of personal data breaches create significant concern. Therefore, it is important to recognize the forms of legal guarantees for consumers in cases of data breaches. This article aims to examine the relevant legal aspects of digital business transactions in Indonesia and analyze regulations on consumer personal data protection. This research applies a normative juridical method with a regulatory approach and a literature review. This research shows that while regulations such as the Electronic Information and Transactions Law (ITE Law) and the Personal Data Protection Law (PDP Law) are already in place, there are still weaknesses in their implementation that need to be harmonized and their supervision strengthened.

Objective study This study examines the influence of the Constitution personal data protection (PDP) law against law enforcement in the digital era. Method used is method study qualitative with type study studies. References . Types of studies References used for digging deep understanding about a topic or phenomenon with an analysis of literature and where are the relevant sources? in study This related influence of the Constitution personal data protection (PDP) law against law enforcement in the digital era. As for the data, it was obtained through study and analysis of various references, like journals, scientific articles, and documents related to the topic being researched. Then, the researcher read an interesting thread and concluded from the results, findings, and study. Results study This leads to the conclusion that complexity influences Constitutional Personal Data Protection and enforcement law in the digital era. Even though the PDP Law provides an important basis, the challenges and dynamics faced need a planned response and coordination from the government, private sector, and public. Overcome problem enforcement The PDP Law in the digital era requires effort, collaboration, and solutions integrated from party authority, sector private, community, and holder interests. With a thorough understanding of the problem, an effective strategy can be developed to ensure that personal data protection remains a top priority in the ever-expanding digital world.

The article is devoted to the protection of constitutional human rights in the context of European integration and social transformations in Ukraine. The concept of the protection of constitutional rights. The European Convention on Human Rights (ECHR), the European Court of Human Rights and the main projects of the Council of Europe are considered. The European experience of constitutional and legal protection of human rights and freedoms is multifaceted and is based on the long-term development of the system of international legal standards. The European Convention on Human Rights occupies a central place in this experience, which has created a unique system of protection of rights at the supranational level, providing individuals with the opportunity to apply to the European Court of Human Rights in case of violation of their rights. This judicial body not only administers justice, but also forms standards that affect the national legal system of each participating state. An important element is also the practice of implementing decisions. International legal acts, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the European Convention on Human Rights, are also an important element of the system of sources of constitutional and legal regulation and have priority over national legislation in case of conflicts. Laws adopted on the basis of constitutional norms detail and specify the mechanisms for the implementation of human rights and freedoms. In addition, decisions of the Constitutional Court of Ukraine and other judicial bodies form precedents that are of great importance in the practice of protecting rights and freedoms. This system of sources provides a comprehensive approach to the regulation of constitutional and legal relations in the field of protecting human rights and freedoms, forming an effective mechanism for their implementation and protection at all levels of the legal system. The purpose of the article is to analyze the current state of development of the protection of constitutional human rights in the context of European integration and social transformations in Ukraine.

This research explores the cybersecurity maturity level in the context of personal data protection for Micro, Small, and Medium Enterprises (MSMEs) in Depok City, Indonesia. The increased use of digital technology by MSMEs has raised concerns about personal data security and the vulnerability to cyberattacks. This study aims to develop an assessment tool that MSMEs can use to evaluate their compliance with the Personal Data Protection (PDP) Law and measure their readiness to face cybersecurity challenges. Through a combination of qualitative and quantitative methods, the study analyzes MSMEs' preparedness for cybersecurity and compliance with the PDP Law. The results reveal that while 60.2% of MSMEs manage personal data, a significant 93.5% have not complied with the PDP Law, exposing them to potential financial losses and cyber risks. The research emphasizes the need for MSMEs to adopt a simple yet effective cybersecurity framework to ensure data protection and compliance.

The enactment of the Indonesian Personal Data Protection (PDP) Law is in line with the nation’s position as the most promising digital economy in Southeast Asia. The PDP Law, amongst others, introduces Data Subject Access Request (DSAR), a cornerstone mechanism to exercise data subject rights mirroring the European Union General Data Protection Regulation (GDPR). However, major causes of DSAR failure are predominantly triggered by resource constraint, lack of fundamental understanding, and technical gap when responding to such requests. In practice, DSAR management is time consuming and taxing since organisations shall manage numerous and complex requests within a tight timeline. By way of comparative analysis, we explore the concept of data subject rights, specifically the Rights to Access. Through observations and constructive responses by global data protection professionals, academics and non-lawyers, this paper alluded that similar failure scenario might occur in Indonesia when PDP Law grace period ended in 2024 – if the causes are not addressed and mitigated. Apropos, in safeguarding data subjects’ right, we assert that DSAR under the PDP law might bring disproportionate impracticality, hence there is demand for a robust consultation and holistic regulatory implementation. We also propose to consider a harmonized DSAR ASEAN framework for future proofing cross-border payment, in 2024 and beyond.

The Kingdom of Saudi Arabia (KSA) Personal Data Protection Law (PDPL) was enacted in 2021. In its brief three-year existence, the PDPL has attracted significant academic and legal practitioner attention. This critical analysis focuses on three key questions: (1) What are the key PDPL objectives? (2) How does this legislation compare with privacy–data protection approaches adopted in other jurisdictions (notably the European Union General Data Protection Regulation 2016 (GDPR))? and (3) Does the PDPL achieve a reasonable, workable balance between personal data protection (‘data subjects’ interests) and risks associated with personal data being shared with KSA insurers? The analysis confirms that these PDPL measures appear sound, but a definitive assessment of the ‘balance’ objectives highlighted here requires ongoing attention—three years of PDPL use is an insufficient basis to reach final conclusions regarding PDPL fitness for purpose. However, a tentative ‘soundness’ conclusion has reasonable support when the relevant authorities are collectively assessed, particularly regarding the treatment of personal data by KSA insurers in the context of personal insurance policies.

Informed consent is a fundamental legal and ethical principle in medical practice that affirms the patient’s autonomy to make decisions based on complete and transparent information. The rapid digital transformation of health services in Mataram City—such as online registration systems, telemedicine consultations, and the implementation of digital signatures—has reshaped the legal framework of informed consent in Indonesia. This study aims to analyze the legal validity and implications of digital informed consent under Indonesian health law, as well as to identify mechanisms of patient protection in the digital era. Using a normative juridical method with statutory and conceptual approaches, this research examines relevant legislation, including the Medical Practice Law, the ITE Law, and the Personal Data Protection Law. The findings indicate that digital informed consent is legally valid as long as it fulfills the essential elements of a lawful agreement under Article 1320 of the Indonesian Civil Code and complies with Article 11 of the ITE Law regarding electronic signatures. However, regulatory gaps remain concerning technical procedures, authentication standards, and data protection mechanisms. Therefore, comprehensive regulations are urgently required to ensure legal certainty, medical accountability, and the protection of patient rights in Indonesia’s evolving digital health ecosystem.

Ill fitting legal shoes pinch citizen’s foot. Chinese Proverb Never ask of money spent where the spender thinks it went. Nobody was ever meant to remember or invent what he did with every cent. Robert Frost There is a sense in which discussions of public law and debates about budgeting have a good deal in common. Both budgets and law are essential to the task of public administration. Without legal authority and budgetary resources, agencies cannot function. Indeed, without legal authority they do not even exist, and without financial resources they exist in name only. Cooper, Phillip J (1999) ‘Courts and Fiscal Decision Making’, in: Handbook of Government Budgeting (San Francisco: Jossey‐Bass) p 502. In a global environment of emerging trading blocs, it is imperative for small island states to pay attention to the adequacy of a major plank of a country’s financial infrastructure viz, the public financial management system. For the purposes of this paper, the components of this system are considered...

Shopee PayLater services offer convenience in transactions but also pose risks of personal data misuse, thereby underscoring the importance of legal protection under the Electronic Information and Transactions Law (ITE Law) and the Personal Data Protection Law (PDP Law) to maintain consumer trust. Shopee PayLater facilitates transactions through a "buy now, pay later" system; however, it also exposes debtors to potential misuse of personal data. This study examines the legal protection afforded to Shopee PayLater debtors against the misuse of personal data in Indonesia, focusing on the effectiveness of regulatory frameworks and the legal responsibility of Shopee PayLater as a data controller. A normative juridical approach is employed to analyze the Electronic Information and Transactions Law, the Consumer Protection Law, and the Personal Data Protection Law. The findings reveal that, although a solid legal foundation exists, the implementation of data protection remains suboptimal due to weaknesses in cybersecurity systems and unethical debt collection practices. These gaps hinder effective protection for debtors. The researcher recommends enhanced investment in data security, improvement of privacy policy transparency, and stricter government oversight to ensure regulatory compliance and stronger consumer protection

The Quest for Information Privacy in Africa

This article explores the connection between data privacy and constitutional rights in Indonesia, particularly within the framework of a democratic rule of law. The 1945 Constitution of Indonesia guarantees citizens' fundamental rights, including security and privacy. However, the rapid advancement of information technology has introduced new challenges for personal data protection. Currently, Indonesia's regulations, such as the Electronic Information and Transaction Law (ITE Law), lack comprehensive measures to safeguard data privacy rights, as they are sectoral and fragmented. This article highlights the necessity of enacting the Personal Data Protection Bill (RUU PDP) as a crucial step in strengthening the legal framework for data privacy protection in Indonesia. Additionally, it compares international regulations like the General Data Protection Regulation (GDPR) in the European Union, as well as data protection laws in neighboring countries like Singapore and Malaysia. The article underscores that prioritizing the protection of personal data privacy rights is essential for safeguarding constitutional rights and individual dignity, as well as for fostering a secure and trustworthy digital ecosystem in Indonesia.

This chapter argues that the data-driven economy needs to figure out how to apply both competition and personal data protection laws. The implementation has to aim at preventing the situation where a group of people disproportionately gains at the expense of another group of people, whose data have been processed by the former. Without proper enforcement of competition and personal data protection laws, we argue that the feedback loop of having more data, better performance and greater talents will eventually worsen the problem of inequality. Thailand serves as a good case study of how the problem exists, while the implementation of both laws is still in retard. We propose that the line separating between personal and public interests has to be drawn and the effective enforcement of competition and personal data protection laws is at the heart of it.