Perspektif Hukum

The Urgency of Compliance Audit 5.0 Through an Approach to Personal Data Protection Law

Frendika Suda Utama, Irma Dwi Yulistyani — Sat, 16 May 2026 00:00:00 +0000

Datacrime is increasing massively and collectively in the era of Society 5.0. The era of data digitization has given rise to advances in information technology that affect all aspects of human life. The victims not only suffered material losses, but also immaterial. In Indonesia, there are not only cases of crimes against personal data in the financial sector (theft of customer data), but also in the public service sector, namely the leakage of voter data from the Indonesian Election Commission. This study aims to provide a comprehensive picture of personal data crimes, including descriptions of modus operandi and of how compliance audits are conducted from a personal data protection law perspective. The researcher used normative legal research, with a case approach, to explore the series of crimes and to unravel the ratio decidendi of the court's decision. This article also uses a conceptual approach, namely the perspective of Lex Specialist Data, and the regulation of digital data privacy. The technical regulation of data privacy legal aspects in the legal compliance audit aligns with the strengthening of personal data protection laws. The idea of a legal compliance audit through a personal data protection approach helps prevent and even mitigate the risk of data privacy crimes.

Smart Contract Integration In Indonesian Law: Legal Certainty And Data Protection In The Digital Age

Syahban Alvian Hamonangan Harianja, Mujiburrohman, Adhika Mahindra Satya — Tue, 19 May 2026 00:00:00 +0000

ndonesia's digital economy ecosystem shows an increase in the adoption of blockchain and smart contracts. However, the Civil Code, the Electronic Information and Transactions Law, and the Personal Data Protection Law do not explicitly anticipate contracts executed by code, creating a legal vacuum in terms of definition, validity, technical standards, and governance of accountability. This study aims to (1) analyze the position and validity of smart contracts in Indonesia's civil law system; and (2) analyze legal liability and personal data protection in an immutable and decentralized ecosystem. The method employed is normative legal research, utilizing a legislative, conceptual, and comparative approach, with reference to European Union practices. The results show that the recognition of electronic information or documents and electronic signatures provides a legal basis; however, the absence of clear definitions and minimum clauses weakens contractual certainty, especially in cross-border transactions. Blockchain records have high evidential value as long as reliability parameters accompany them. In the realm of personal data, the tension between data subject rights and immutability can be bridged through privacy by design/default, data minimization at the on-chain layer (off-chain identity), crypto-erasure options, and zero-knowledge proofs, with role mapping of controllers and processors based on functions and data protection impact assessment obligations. Recommendations include legal recognition of smart contracts along with mandatory clauses (choice of law/forum, ADR/ODR levels, escrow/circuit breaker), pre-deployment code audits, change management, and hybrid on-chain/off-chain dispute architecture, as well as the adoption of elements of EU practice (built-in legal/jurisdictional rules and minimum technical safeguards).

Corporate Liability Of Banks For Failures In Implementing Green Banking Principles

Rahayu Mulia Romadoni, Nursanti Mardiyati, Aisyah Nikita Permata Putri — Sat, 23 May 2026 00:00:00 +0000

The global transition toward a low-carbon economy is driving the adoption of Green Central Banking to integrate environmental risks into financial stability. In Indonesia, the Sustainable Finance mandate requires banks to implement ESG (Environmental, Social, and Governance) principles; however, lending practices to “brown sectors” remain prevalent. This normative legal research analyzes the standing of these principles and maps the legal liability of banks through statutory and conceptual approaches. The results indicate that these principles have transformed from soft law into hard law through OJK (Financial Services Authority) regulations. Non-compliance gives rise to multidimensional liability: administrative via OJK sanctions; civil through the Lender Liability doctrine (Article 1365 of the Indonesian Civil Code) for negligence in due diligence; and criminal regarding involvement in environmental degradation and money laundering risks. The study concludes that current liability mechanisms remain fragmented. Harmonization of regulations and the tightening of environmental legal audit standards in credit distribution are essential to mitigate legal risks and ensure banking compliance with national sustainability targets. The novelty of this research lies in its construction of a unified, multidimensional liability framework—integrating administrative, civil, and criminal law dimensions—specifically within the Indonesian legal context, an analytical synthesis that existing sustainable finance literature in Indonesia has not yet comprehensively addressed. Unlike prior studies that examine OJK regulations or the Lender Liability doctrine in isolation, this research maps the normative intersections between the Banking Law, UU PPLH, and POJK 51/2017 to expose systemic gaps and propose concrete directions for legal harmonization.

Pengarusutamaan Hukum Perubahan Iklim dalam Kurikulum Pendidikan Tinggi Hukum di Indonesia

Ilham Dwi Rafiqi, Elsa Diana Fartikasari — Sat, 23 May 2026 00:00:00 +0000

Climate change is a global challenge with cross-sectoral impacts, including in the legal realm. Although climate change legal regulations have developed at both the international and national levels, their integration into the Indonesian legal education curriculum remains limited. This study aims to analyze the urgency and momentum of recognizing climate change law in the legal education curriculum, and to identify strategies for integrating climate law substance into legal learning. The method used is normative research with a conceptual approach and a comparison of the curricula of several law schools in Indonesia. The results indicate a gap between the complexity of climate change legal issues and the readiness of legal education institutions to equip students as future legal practitioners who are responsive to global environmental issues. The momentum of increasingly progressive national and international regulations on climate change issues should be utilized by legal education institutions to reform their curricula to be more contextual and interdisciplinary. This study recommends the need to integrate climate change law as a stand-alone course or as part of an environmental law course, as well as strengthening transdisciplinary approaches in legal education to produce adaptive and sustainable graduates.

Extradition Agreement and Police to Police Cooperation in The Lens of Responsive Law

Azzura Fathanul Umara — Tue, 26 May 2026 00:00:00 +0000

This study examines the practice of surrendering fugitives between Indonesia and foreign countries, which is primarily conducted through two mechanisms: extradition treaties and police to police (P to P) cooperation under Interpol coordination. This duality raises fundamental questions regarding the differences in legal construction, effectiveness, and the extent to which each mechanism aligns with the principles of responsive law. The purpose of this research is to analyse the normative, procedural, and practical foundations of both mechanisms and to assess how well they reflect the characteristics of a responsive legal system as formulated by Philippe Nonet and Philip Selznick. The research employs a normative legal approach, combining doctrinal analysis of relevant laws and international agreements with theoretical interpretation of the concept of responsive law. The study focuses on provisions in extradition laws, bilateral treaties, and the principles guiding international cooperation by the Indonesian National Police through Interpol channels. The findings indicate that the extradition mechanism, with its formal legal basis and strong inter-state obligations, more closely embodies a responsive legal system by ensuring accountability, transparency, and legal certainty. In contrast, the P to P mechanism—while more flexible and efficient in practice—tends to be pragmatic and does not fully reflect the principles of legal responsiveness. Nevertheless, its flexibility and efficiency make P to P the preferred operational choice for law enforcement agencies in handling cross-border fugitive cases. In short, extradition treaty should be the default choice in an ideal situation where the clauses are applicable and P to P is the choice that can be used when the condition requires flexibility and pragmatism, especially when there is no extradition treaty that can be used as a base to extradite.