Information Law Research Articles

Personal Data in the Digital Age - Technosophy and Information Law

Personal Data in the Digital Age - Technosophy and Information Law

Analysis of Local Governance and Legal Protection of Students' Information Security in the Context of Sustainable Development of Digital Education

Local governments are dealing with student information more and more frequently, resulting in the risk of student information being leaked, so it is necessary to introduce relevant policies, laws and regulations to standardize information collection activities and improve the level of social information governance. Therefore, this study proposes three hypotheses: on the one hand, whether the information policy issued by the local government can guide students' information collection activities, and on the other hand, whether the introduction of local laws and regulations can provide protection for students' information security; Finally, whether public participation can provide supervision for student information collection and governance, and create a good public management environment. The results show that local information laws and regulations can regulate the behavior of students' information collection and clarify the purpose and direction of students' information collection. At the same time, laws and regulations such as privacy protection and local codes of conduct can improve the security of student information and ensure the legal collection of information. The active participation of the public is conducive to the public information collection environment and ensures the overall security of student information. Therefore, local government policies, laws, and regulations can provide assurance and support for students' information security and promote the sustainable development of digital education.

Electronic Certificates in Indonesia: Enhancing Legal Certainty or Introducing New Challenges?

The Indonesian government is moving towards digital transformation in land administration by introducing electronic certificates (e-certificates) through the Regulation of the Minister of ATR/BPN Number 1 of 2021. This initiative aims to improve the security and legal certainty of land ownership, building upon existing programs like the Complete Systematic Land Registration Program (PTSL). This study used a normative legal research method to investigate the opportunities and challenges associated with implementing e-certificates in Indonesia. Primary legal sources, such as the Electronic Information and Transactions Law (UU ITE) and relevant ministerial regulations, were analyzed. Secondary data from legal journals, academic publications, and theses were also examined. The study revealed that e-certificates offer several advantages, such as increased efficiency in land administration, potential integration with blockchain technology, and improved land mapping and survey processes. However, challenges remain, including cybersecurity risks, limited technological infrastructure, and the digital literacy gap. Furthermore, the legal status of e-certificates as evidence in court, while recognized by the Ministry of ATR/BPN and UU ITE, requires further clarification within the Indonesian legal framework. This study concludes that e-certificates hold the potential to modernize land administration and enhance legal certainty in Indonesia, but successful implementation requires addressing critical challenges and ensuring comprehensive legal and regulatory clarity.

Secrets and transparency: The Office of Strategic Information and the first freedom of information law

AbstractFreedom of information (FOI) rose to saliency in the early Cold War period as the presidency grappled with controlling what government information was made public or available to Congress. A lack of formal structures and authority provided presidents with the opportunity to unilaterally shape new policies and structures. One such structure was the Office of Strategic Information (OSI), created by a National Security Council directive and housed in the Commerce Department. Congress utilized its oversight power by creating the Moss Subcommittee on Government Information to investigate these new policies and structures. Over a 4‐year period in the mid‐1950s, an interbranch power struggle emerged over what authority existed within the executive branch to deny information and testimony to Congress. OSI is one example in a larger context of FOI that left Congress seeking to clarify executive authority within existing statutes and among new structures, leading to the passage of the first freedom of information law in 1958. Original archival research is used to provide insight into the complexities of governing in a separation of powers system. This early case study informs contemporary politics on congressional access to executive information.

The Impact of Hate Speech Regulations on Freedom of Expression an Indonesian Legal Perspective

This paper explores the impact of hate speech regulation on freedom of expression in Indonesia from a juridical perspective. The study focuses on the legal framework, including the Electronic Information and Transactions Law (UU ITE) and the Indonesian Penal Code (KUHP), both of which are central to the regulation of hate speech. Through an analysis of key statutes, court rulings, and case studies, this paper highlights the tension between protecting public order and safeguarding free speech. The findings reveal that vague legal definitions and broad enforcement of hate speech laws have led to selective prosecution, often targeting political dissent and criticism. These issues raise concerns about the erosion of democratic rights and the potential misuse of hate speech laws for political purposes. Recommendations are provided to clarify legal definitions, ensure proportionality in enforcement, and prevent the misuse of these laws in a manner that balances the protection of social harmony with the preservation of freedom of expression.

How effective is legal protection in Indonesia in handling investment fraud cases compared to other countries?

Legal protection for investors is crucial in preventing the negative impact of rampant investment fraud, especially in the digital era that facilitates access to information. The ever-growing phenomenon of investment fraud shows the importance of evaluating the effectiveness of existing legal frameworks. This study aims to analyze the effectiveness of legal protection in Indonesia in dealing with investment fraud cases, with a normative juridical approach that examines relevant regulations in Indonesia and compares them with other countries such as the United States and India. This method is used to understand the weaknesses and challenges in the implementation of existing laws. The results of the study show that although Indonesia has a comprehensive legal framework, such as Law Number 8 of 1995 on the Capital Market and the Electronic Information and Transaction Law (UU ITE), challenges in law enforcement and public education are still significant obstacles. Unlike the US and India, which implement strict sanctions and have strict supervision, legal protection in Indonesia still needs reforms to increase the deterrent effect for actors and strengthen public trust in the investment system.

Global Supply Chain Information Sharing Platforms: Challenges, Opportunities, and Trends

With the deepening process of globalization, the rapid development of information technology and the diversification of logistics methods, supply chain management faces increasingly complex challenges. This study explores the future development trends, challenges and opportunities of information sharing platforms in global supply chains. In global supply chains, information sharing platforms are of great significance. It facilitates real-time data exchange and collaboration among supply chain segments and help improve supply chain transparency, flexibility and efficiency. However, global supply chain information sharing faces many challenges, including problems in information security, technical standards, cultural differences, and laws and regulations. In response to these challenges, this paper proposes future directions for developing a global supply chain information sharing platform, including digitization, automation, cross-platform cross-border collaboration, data security and privacy protection, application of new technologies, and flexibility and adaptability. This study provides useful insights and guidance for future global supply chain management by exploring the global supply chain information sharing platform.

Responsibility of Land Deed Officials: Implications of Legal Convergence on the Harmonization and Integration of Collateral Law and Telematics Law

The dynamics of the convergence of telematics law within the national legal system, notably in the area of land, are represented by the Minister of Agrarian Affairs and Spatial Planning's Regulation Number 5 of 2020, which also serves as the head of the National Land Agency. One of the effects of land digitization is the Ministerial Regulation, which has changed the mortgage rights registration process from a traditional system to an electronic or digital one. Despite being virtual, the digitalization of Mortgage Rights registration involves actual legal actions with clear legal ramifications. The Land Deed Official is directly involved in the electronic execution of Mortgage Rights, which is governed by the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency number 5 of 2020. The objective of this study is to investigate the consequences of the convergence of the Law on Mortgage Rights and the Telecommunication Law. This convergence results in the creation of digital-based Mortgage Rights via an integrated Electronic Mortgage Registration system, which is also known as the Electronic Mortgage System. The role and obligations of the Land Deed Official are also affected by this. This study employs a prescriptive, normative-juridical methodology. Based on the research findings, it is known that the conversion of the collateral registration system from a traditional system to a digital system is affected by the convergence of telematics legislation and the law of collateral guarantees. Because of the discord and breakdown of the Mortgage Law, the Electronic Information and Transactions Law, and the Regulations of the Land Deed Official, this also affects the status and legal obligations of the Land Deed Official, who fails to maintain the principle of justice..

The Effect of Psychological Crime of Virtual Bullying on Social Media on Victims Under the ITE Law

Cyberbullying takes many forms and adapts rapidly to technological developments. This study explores the psychological effects of virtual bullying on social media on victims, with the legal basis set out in Indonesia's Electronic Information and Transaction Law (UU ITE). Online bullying has become a major problem in the digital age, significantly impacting the psychological well-being of victims, and often having a more severe impact than conventional bullying. This study aims to identify the forms of virtual bullying regulated by the ITE Law, analyze the psychological impact on victims, and evaluate the effectiveness of legal protection provided by the ITE Law. Using a normative juridical approach, this research evaluates the articles in the ITE Law that are relevant to cyberbullying and relates them to the cases that occur. The results show that cyberbullying can cause various psychological disorders, including anxiety, depression, and decreased self-esteem. The ITE Law provides a strong legal framework to address these acts, with strict criminal sanctions and protection mechanisms for victims. However, the effectiveness of the ITE Law is highly dependent on consistent implementation by law enforcement as well as increased public awareness and education regarding digital ethics. This study concludes that collaborative efforts between the government, educational institutions, and communities are needed to reduce the incidence of virtual bullying and ensure that victims receive the support they need.

Юридическая хроника

October Chronicle offers comments on the Durov case (from the perspective of Information Law), the draft law on notarisation of real estate transactions, the law on expanding the grounds for suspending criminal proceedings, the cancellation of preventive measures and exemption from criminal liability for persons who have expressed a desire to join the military service under contract, as well as the second law, the adoption of which continued the reform of the Russian tax system.

DATA PRIVACY AND CONSTITUTIONAL RIGHTS IN INDONESIA

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.

A Labyrinth of Public Information

Given the proliferation of electronic records in government agencies, public records are an increasingly valuable source of information for research, advocacy, and public oversight. Using an information management framework, this article reviews practices by four organizations in the US (National Security Archive, University of Washington Center for Human Rights, MuckRock, and Reclaim the Records) to request, manage, and use the information obtained through public access requests. Through case studies, findings pinpoint key obstacles and opportunities to strengthen research and advocacy using Freedom of Information laws, and how users of public records can shift from individual one-time pursuits of records to broader, ongoing and collaborative initiatives.

Multi-Source Data-Driven Extraction of Urban Residential Space: A Case Study of the Guangdong–Hong Kong–Macao Greater Bay Area Urban Agglomeration

The accurate extraction of urban residential space (URS) is of great significance for recognizing the spatial structure of urban function, understanding the complex urban operating system, and scientific allocation and management of urban resources. The traditional URS identification process is generally conducted through statistical analysis or a manual field survey. Currently, there are also superpixel segmentation and wavelet transform (WT) processes to extract urban spatial information, but these methods have shortcomings in extraction efficiency and accuracy. The superpixel wavelet fusion (SWF) method proposed in this paper is a convenient method to extract URS by integrating multi-source data such as Point of Interest (POI) data, Nighttime Light (NTL) data, LandScan (LDS) data, and High-resolution Image (HRI) data. This method fully considers the distribution law of image information in HRI and imparts the spatial information of URS into the WT so as to obtain the recognition results of URS based on multi-source data fusion under the perception of spatial structure. The steps of this study are as follows: Firstly, the SLIC algorithm is used to segment HRI in the Guangdong–Hong Kong–Macao Greater Bay Area (GBA) urban agglomeration. Then, the discrete cosine wavelet transform (DCWT) is applied to POI–NTL, POI–LDS, and POI–NTL–LDS data sets, and the SWF is carried out based on different superpixel scale perspectives. Finally, the OSTU adaptive threshold algorithm is used to extract URS. The results show that the extraction accuracy of the NLT–POI data set is 81.52%, that of the LDS–POI data set is 77.70%, and that of the NLT–LDS–POI data set is 90.40%. The method proposed in this paper not only improves the accuracy of the extraction of URS, but also has good practical value for the optimal layout of residential space and regional planning of urban agglomerations.

Criminal Liability of Online Gambling Perpetrators in Indonesia According to the Electronic Information and Transactions Law

Online gambling has become increasingly prevalent over a long time due to the ease of access and the ability to play from anywhere with an online association. The reason for this consideration is to look at and analyze the legal provisions against online gambling offenders in Indonesia. The research method used in this study can be a normative legal approach supported by experimental law with graphic depiction. In extension, important information is also used as supporting material for additional information. For control checks, legitimate and standardized check strategies are used. From the search results regarding the legal provisions against the perpetrators of online betting violations in Indonesia, it appears that the legal authority against online betting violations is the criminal sanction against online betting based on Article 45 of Law Number 11 of 2008 concerning Electronic Information and Transactions, but the punishment for the perpetrators is lower than the threat of criminal sanctions in Article 303 of the Criminal Code, so it does not have an inhibiting impact on the perpetrators of online betting violations. Criminal liability for online betting offenses in Indonesia is the responsibility of the perpetrators of online betting offenses indicated by the existence of criminal offense components. In addition, the activity component is one of the most important components in criminal liability, because a person cannot be sentenced if he does not commit an act that is classified as an act rejected by the law.

Perlindungan Perlindungan Terhadap Perempuan Korban Kekerasan Berbasis Gender Online Dalam Era Digital

In today’s digital era, sexual violence crimes often occur in cyberspace. Based on the annual records of the National Commission on Violence Against Women, reports of cases of online gender-based violence have increased in the last five years. Cyberspace is currently not a safe space for women. As a basic law, the Indonesian Constitution of 1945 explicitly regulates the right to a sense of security and protection for everyone. The methods used in this study are normative juridical using a legislative approach and a case approach. The purpose of this study is to provide legal arguments regarding whether an event is right or wrong and how the event should be according to law. Based on the results of the study, in law enforcement, law enforcement officers often use the electronic information and transactions law and the pornography law which results in victims being in a vulnerable position. The negative stigma from society and criminalization of victims result in a minimum of cases being resolved through litigation so that victims do not get the right to handling and recovery as mandated by the law on sexual violence. The state must guarantee a safe space for women in cyberspace. The state must carry out its commitment to provide justice and restitution to victims as mandated by law. For the sake of legal certainty, the government must immediately ratify the implementing regulations of the law on sexual violence. Provide socialization to the public regarding the law on sexual violence to increase public legal awareness and improve the competence of law enforcement officers by providing training in handling cases of online gender-based violence.

The fading social trust capital due to cybercrime in e-commerce transactions in Indonesia: the perspective of the electronic information and transaction law

Trade through electronic systems (e-commerce) is a prominent innovation of this current era. The growth of e-commerce in Indonesia is the highest in the world. Even so, there are threats to security in e-commerce due to cybercrimes, especially system interference. This leads to society’s fading trust to e-commerce businesses as a social capital. The Indonesian government has carried out efforts to prevent and handle cybercrimes through stipulations of the Law on Electronic Information and Transaction. Unfortunately, cybercrimes, especially disturbances to the electronic system, still rampantly happen Therefore, this research focuses on how far the Indonesian Law on Electronic Information and Transaction can reach that cybercrime. This was normative legal research which was a form of doctrinal legal research. It employed a data searching method in the form of library research, i.e., studying primary and secondary legal sources and analyzing them using the descriptive qualitative method with deductive logic. Results of this research showed that the Indonesian Law on Electronic Information and Transaction which keeps on experiencing amendments has not reached cybercrimes, especially crimes related to disturbances to the electronic system (system interference). It is not yet effective in guaranteeing the security of e-commerce transactions, leading to the fading of trust as a social capital. The amendment of the Law on Electronic Information and Transaction must be followed with the amendment of its implementing laws. Society must also be introduced to the importance of the Indonesian Law on Electronic Information and Transaction through massive and intensive education programs.

Toward a citizen science framework for public policy evaluation: Lessons from a field experiment on Freedom of Information laws in Belgium

This study pioneers the use of citizen science in evaluating Freedom of Information laws, with a focus on Belgium, where since its 1994 enactment, Freedom of Information’s effectiveness has remained largely unexamined. Utilizing participatory methods, it engages citizens in assessing transparency policies, significantly contributing to public policy evaluation methodology. The research identifies regional differences in Freedom of Information implementation across Belgian municipalities, highlighting that larger municipalities handle requests more effectively, while administrations generally show reluctance to respond to requests from perceived knowledgeable individuals. This phenomenon reflects a broader European caution toward well-informed requesters. By integrating citizen science, this study not only advances our understanding of Freedom of Information law effectiveness in Belgium but also advocates for a more inclusive, collaborative approach to policy evaluation. It addresses the gap in researchers’ experience with citizen science, showcasing its vast potential to enhance participatory governance and policy evaluation.

PEMBATASAN HAK BEREKPRESI DAN BERPENDAPAT ASN DALAM BERSOSIAL MEDIA DALAM BERSOSIAL MEDIA DALAM KONTEKS PENCEGAHAN PELANGGARAN NETRALITAS ASN

The phenomenon of neutrality of the State Civil Apparatus (ASN) seems to be a discussion that always exists in every general election (Pemilu) or regional head election (Pilkada). The State Civil Apparatus Commission (KASN) stated that around 1,678 cases of violations occurred within the bureaucracy and ASN ministries/institutions/regions, which involved violations of ASN neutrality in the period 2020-2022. Based on KASN data, there are violations of neutrality with the motive of utilizing bureaucratic resources, both in the form of support for programs, facilities and infrastructure as well as activities that favor certain candidates. The prohibition on civil servants being sarcastic or uploading and spreading messages attacking or criticizing the government on social media was issued in May in 2018. Ahead of the 2024 elections, which are the main means of realizing democracy in a country. In an effort to maintain the neutrality of ASN from the influence of political parties and to ensure the integrity, cohesiveness and unity of ASN, as well as being able to focus all attention, thoughts and energy on the tasks assigned, ASN are prohibited from becoming members and/or administrators of political parties, as well as running for office with conditions which has been determined by law (UU). Violations of ASN's neutrality, especially during and after the elections that took place in 2009, 2014 and 2019 and ahead of the 2024 elections. Violations can occur in the form of support provided via social media, involvement in campaigns, running for office without being followed by resignation. within the appropriate time frame and so on. This then violates the principle of neutrality and shows the partiality of an ASN which is actually very contrary to the law. Looking at the existing facts, the regulations regarding freedom of opinion held by the State Civil Service (ASN) are very different from the freedom of opinion enjoyed by the Indonesian people. This regulation can certainly limit the space for freedom of expression for State Civil Servants (ASN). However, on the other hand, as a state official, of course all aspects of ASN life are required to comply with the code of ethics that has been regulated by the state. So they face a dilemma when expressing their opinions in public spaces regarding social media in the context of preventing violations of ASN neutrality. Public pros and cons regarding government policies are still occurring, one of which concerns the issue of freedom of opinion and expression on social media, which to this day is still a matter of debate. In addition, the existence of the Information and Electronic Transactions Law (UU ITE) Number 11 of 2008 is still under discussion to this day.

Legal Analysis of the Interests of Legal Protection for Victims of Criminal Acts of Defamation Due to the Actions of Debt Collectors

This study analyzes the interests of legal protection for victims of criminal acts of defamation committed by debt collectors. Indonesian laws and regulations, such as the Criminal Code (KUHP) and the Electronic Information and Transactions Law (ITE), provide a legal basis for protecting victims, but significant challenges remain in law enforcement. Difficulties in providing evidence, lengthy legal processes, and a lack of understanding of legal rights reduce the effectiveness of existing protections. Inconsistent law enforcement is also a major obstacle. This study recommends simplifying the legal process, increasing access to legal aid, increasing legal awareness, and strengthening law enforcement to improve legal protection for victims

Sustainable Development Goals Against Unfair Business Competition Practices in Electronic Environment in Jordanian Legislation – Comparative Study

Objective: this study is to investigate to attempt to provide some legal assurance for fair and reasonable competition among business actors to sustainable development. Theoretical Framework: In this topic, digital market (e-commerce) is, the market reality today for Jordanian businesses and customers, and unfair business competition in the digital market is a new phenomenon. Hence, in the Jordanian context, this study attempted to impose more rules in order to reduce the potentials for unfair competition. Method: The study used the legal approach through used of the descriptive doctrinal approach by referring to laws, books, research and other references via the Internet. As for the comparative approach, such as referring to the law of the United Kingdom, French law and other laws to reach solutions to address unfair competition in e-commerce in Jordan. Results and Discussion: The rules in Jordan are not adequate in imposing some obligations and in protecting against illegal competition between merchants. In this regard, this study recommended the Jordanian unfair competition law and trade secrets 2000 need some amendments to keep abreast with the advancements in electronic transactions and to keep in line with the Law of Electronic Information and Transactions. Research Implication: The execution of e-commerce has challenged by several issues such as language, regulations, taxation, difficulties in recognizing actors, and countries’ legal differences, especially in Jordan. Originality/ Value: This research is the originality and creativity of the researcher and has not published before. It is a new work, which distinguishes the research from previous studies.