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All Journal Indonesian Comparative Law Review Borobudur Law Review
Hakim, Hary Abdul
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Optimizing Personal Data Protection in Indonesia: Lesson Learned from China, South Korea, and Singapore Setiawati, Diana; Hakim, Hary Abdul; Hasby Yoga, Fahmi Adam
Indonesian Comparative Law Review Vol 2, No 2: June 2020
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2219

Abstract

Industrial revolution 4.0 offers both opportunities and challenges to all countries, including Indonesia. Personal data protection is necessary to encourage digital innovation. The existing regulation relating to personal data in Indonesia does not give sufficient protection especially with regard to the use of artificial intelligence and therefore is inadequate to encourage digital economic development. This paper aims to explore the importance of strong data protection regulation in Indonesia. This normative legal research employs comparative approach. Comparative study was made upon the development of personal data protection regulation in China, South Korea and Singapore. The study shows that these countries provide good lesson for Indonesia to learn in developing personal data protection regulation.
Unitary, Federalized, or Decentralized?: The Case Study of Daerah Istimewa Yogyakarta as the Special Autonomous Regions in Indonesia Sung, Ming-Hsi; Hakim, Hary Abdul
Indonesian Comparative Law Review Vol 1, No 2: June 2019
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1210

Abstract

The professed constitutional unitary state claim has been highly debated.  Some argue that Indonesia shall be a unitary state in name, pursuant to Article 1 Para. III of the Indonesian Constitution, but Constitutional reforms after 1998 when the autocratic President Gen. Soeharto stepped down granted broad authority to local government, leading Indonesia to a quasi-federation situation in practice. On the other hand, some stick to the aforementioned Article, insisting that decentralization embedded in the Constitution Article 18 Para. II is by no means making Indonesia federal.  This article takes the Act No. 13 of 2012 on Special Region of Yogyakarta (the Daerah Istimewa Yogyakarta) granting autonomy to Daerah Istimewa Yogyakarta as a case study to argue for the latter, asserting that the case merely exemplifies the decentralization characteristic embedded in the Constitution. This paper first examines the political features of federalism through a historical legal perspective, showing that the current state system in Indonesia is decentralized but not federalized. This paper concludes  that the recognition of Daerah Istimewa Yogyakarta as an autonomous region is simply a practice of constitutional decentralization. This paper also higlights that with recent political development, echoing that the decentralization theory is not a product of legal interpretation, but a constitutional and political reality.
Customary criminal law in the Eastern of Indonesia: the special autonomy Province of Papua Aisy, Salsabila Rahadatul’; Hakim, Hary Abdul; Krisnan, Johny; Hardyanthi, Try; Masithoh, Mutia Qori Dewi
Borobudur Law Review Vol 3 No 2 (2021): Vol 3 No 2 (2021)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/burrev.5553

Abstract

Autonomy is often seen as an institutional instrument to manage sub state nationalist conflict. Its implementation is also a key in determining its impact on conflict. After the reform period 1999 “Autonomy and Decentralization” in Indonesia are widely welcomed. While Papua is an inseparable part of special autonomy in Indonesia. Papua as a former Dutch territory which was later handed over to Indonesia has many advantages, both in terms of culture, customary law and natural resources. But on the other hand, the fact is that the indigenous Papuan people does not agree to join as part of Indonesian territory. This rejection was accompanied by separatist actions based on their interest mentioned in the memorandum for Papuan independence. This research is the first to aim to measure whether the special autonomy given to Papua has been effectively carried out in an effort to defend Papua as a part of Indonesia. Second, in the application of this special autonomy related to the existent of customary criminal law in papua. The research used normative legal research by statute approach, the data collected through library research and also analysed used descriptive qualitative. So it is concluded that the application of the special autonomy given to Papua has a big impact on democracy in Indonesia, as well as the Papua regional government given specialization in managing its regional potential. Although there are still problems in its implementation.
Co-Authors Aisy, Salsabila Rahadatul’ Hardyanthi, Try Hasby Yoga, Fahmi Adam Johny Krisnan, Johny Masithoh, Mutia Qori Dewi Setiawati, Diana Sung, Ming-Hsi