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All Journal Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Constitutionale
Melisa Melisa
Universitas Lampung
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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THE URGENCY OF INDEPENDENT SUPERVISORY AUTHORITY TOWARDS INDONESIA’S PERSONAL DATA PROTECTION Yulia Neta; Agsel Awanisa; Melisa Melisa
Constitutionale Vol. 3 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i1.2535

Abstract

In the Working Committee Meeting of the Draft Law on Personal Data Protection, there was a proposal to establish an Independent Supervisory Authority in the protection of personal data. With the existence of an independent supervisory authority, it is hoped that it will create impartial and optimal independence in its supervision and enforcement. The purpose of this study is to analyze the urgency of the Independent Supervisory Authority in the protection of personal data and the ideal concept of the Independent Supervisory Authority in the protection of personal data in Indonesia based on comparisons in other countries. This study uses a normative legal research method using a statutory approach, a conceptual approach, and a comparative approach. The results of this study indicate that the existence of an Independent Supervisory Authority in Indonesia in enforcing the protection of personal data is very important given the considerations of independence, adequacy, checks and balances, and socialization. Regarding the concept of establishing an Independent Supervisory Authority, there are two choices that can be made in Indonesia, namely by establishing it specifically as a separate institution, such as Hong Kong and South Korea, or embedding and adding to the authority of existing institutions such as in Singapore and the United States. With consideration of efficiency and effectiveness, in Indonesia this can be done by attaching an Independent Supervisory Authority with other related institutions such as the Information Commission with the obligation to change the existing institutional structure as an adjustment.
Fenomena Kejahatan Perdagangan Manusia Hidayatullah Hidayatullah; Melisa Melisa
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 2 (2022): Hukum dan Pranata Sosial Islam
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1630

Abstract

The crime of trafficking in persons is a very serious global issue, because many actors are interrelated, both as countries of origin, as well as countries of destination as well as transit countries. Therefore, various efforts must be made in combating this crime of human trafficking and must also involve many parties including the government, law enforcement, civil society, media, migrant workers, as well as transit and destination countries. The obstacle faced by Indonesian law enforcement is due to the lack of reports from victims of this human trafficking crime because they are already in other countries. The purpose of this article is to analyze and describe the effectiveness of Law Number 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons and the Effectiveness of Law Number 36 of 2009 concerning Health Regulating the Prohibition of Trafficking in Human Organs. The method used is descriptive qualitative. The results of this study (1) Implementation of Law no. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons is deemed ineffective if it does not involve many countries, because there is still a lot of human trafficking, especially women and children for the purpose of sexual exploitation as commercial sex workers and exploitation of pornography (2) Law Number 36 Year 2009 concerning Health, especially in Article 92 which mentions the Functionalization of Criminal Law Against Acts, namely "Everyone who deliberately trades organs or body tissues under any pretext as referred to in Article 64 paragraph (3) shall be punished with imprisonment for a maximum of 10 (ten) years. and a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah)''.
Co-Authors Agsel Awanisa Hidayatullah Hidayatullah Yulia Neta .