Jurist-Diction

Comparative Study on the Establishment of a Personal Data Supervisory Commission between Indonesia and the United Kingdom

Tue, 30 Sep 2025 00:00:00 +0700

The Industrial Revolution 4.0 has transformed patterns of social interaction, shifting from conventional practices to digital forms of engagement in daily life. This transformation underscores the urgent need for supervisory institutions to safeguard personal data in the digital sphere. This paper examines the establishment of a personal data supervisory authority in Indonesia by comparing it with the United Kingdom, which has developed a well-established personal data protection authority. Employing normative legal research with a comparative and statutory approach, the study finds that the acceleration of digitalization has intensified the demand for robust data protection mechanisms. The analysis highlights the relevance of Indonesia’s Personal Data Protection Law, read in light of comparative experience with the UK’s regulatory authority. The findings suggest that the institutional design of Indonesia’s supervisory body should be adapted to national needs while reflecting international best practices.

Legal Protection of Well-Known Marks Against Passing Off: A Comparative Perspective

Dinda Aprilia Batubara, OK. Saidin, Edy Ikhsan — Mon, 03 Nov 2025 00:00:00 +0700

Passing off of well-known marks remains a persistent form of trademark infringement in many jurisdictions, including Indonesia and Singapore. This paper undertakes a comparative analysis of the two countries’ trademark regimes, intending to assess and improve Indonesia’s legal protection of well-known marks. The study employs normative legal research combined with comparative qualitative analysis of statutory provisions and judicial practice. The findings reveal that Singapore’s Trade Marks Act provides more comprehensive protection, with a detailed substantive framework addressing passing off, effective sanctions, and a legal culture that promotes compliance. By contrast, Indonesia’s legal framework is less developed, relying on limited statutory guidance and weaker enforcement. This disparity underscores the need for reform in Indonesia to ensure more effective protection of well-known marks. The paper concludes that Indonesia should adopt clearer substantive provisions and foster stronger compliance mechanisms to enhance legal certainty.

Questioning Environmental Rights: The Role of NGOs in Horizontal Environmental Disputes in South Africa and Indonesia

Fersanda Batrysia — Tue, 30 Sep 2025 00:00:00 +0700

Significant gaps in environmental protection continue to arise from the combined pressures of climate change, human rights challenges, and institutional weaknesses. This paper compares the distinct roles of non-governmental organizations (NGOs) in addressing environmental and climate change disputes in Indonesia and South Africa. Employing a comparative legal analysis of each country’s horizontal human rights framework and relevant case studies, the study identifies notable divergences in NGO strategies. In South Africa, the direct horizontal application of rights enables NGOs to pursue strategic litigation that strengthens corporate accountability. By contrast, Indonesia’s indirect horizontal application compels NGOs to rely more heavily on public advocacy, mobilization, and judicial interpretation to confront both state and private actors. The paper concludes that NGOs play a supplementary role by providing expertise and resources to enhance policy and enforcement. It argues that adopting a direct horizontal application, as in South Africa, could strengthen Indonesia’s capacity to hold multinational corporations directly accountable for environmental harm.

Restorative Justice in Medical Cases: Reflections on Criminal Law Reform

M Aris Munandar Nandar, Amir Ilyas, Said Karim, Syamsuddin Muchtar — Tue, 30 Sep 2025 00:00:00 +0700

The reform of Indonesian criminal law signals a paradigm shift from a retributive model to a restorative approach grounded in fairness and humanity. This study seeks to explore how restorative justice may serve as a mechanism for resolving medical cases within the broader context of national criminal law reform. To address this question, the research relies on normative legal analysis, drawing on statutory provisions together with scholarship in criminal law, health law, and human rights. The analysis indicates that restorative justice provides a potentially fair and proportional response to medical cases, especially those involving medical personnel acting under situational pressures. Yet, the absence of detailed procedural guidelines and the overlap of authority between professional organizations and law enforcement agencies pose significant obstacles. The study concludes that stronger regulatory and institutional frameworks are required to ensure the effective and consistent application of restorative justice in the criminal justice system.

Reconstructing Electronic Legislation to Strengthen Public Accountability: Lessons from Indonesia

Marcelino Ceasar Kishan — Tue, 30 Sep 2025 00:00:00 +0700

This paper examines the role of public participation in electronic legislation, with particular reference to the Indonesian context. It assesses whether electronic legislation can operate as a mechanism for strengthening legislative accountability. The study employs a normative legal method, supported by doctrinal analysis of positive law, to evaluate the relationship between normative expectations and their legal realization. The findings indicate that the current framework for electronic legislation lacks comprehensive norms on public participation, resulting in fragmented and inconsistent standards. The absence of binding rules undermines accountability and weakens the democratic quality of lawmaking. To address this gap, the paper proposes a reconstruction of participation norms through a re-evaluation of the concept of electronic legislation. This reconstruction binds all actors to participation requirements. It also compels legislatures to engage actively in the design and implementation of electronic systems. In turn, it reinforces accountability, transparency, and inclusiveness in the legislative process.

A Comparative Analysis of the Scope of Immaterial Damage in Indonesia and the Netherlands

Muhammad Almer Putera Arnapi — Tue, 30 Sep 2025 00:00:00 +0700

The determination of immaterial damage often hinges on judicial discretion, a practice that raises important questions of fairness and consistency across jurisdictions. This paper examines how such discretion operates in Indonesia and the Netherlands. Using a normative legal method and comparative analysis, the study evaluates statutory provisions and judicial practice. Dutch law recognizes three grounds for compensation in cases of immaterial damage. In practice, however, judges apply a two-tiered test: first, to determine whether the victim’s situation falls within the recognized grounds, and second, to assess whether the suffering is of sufficient severity. In contrast, Indonesian law provides no explicit rules on immaterial damage, leaving judges with broad discretion but without official guidelines. The reliance on discretion in both jurisdictions highlights risks of subjectivity and underscores the need for clearer standards to ensure fairness and legal certainty in compensation.

Criminal Liability in Press Law and Artificial Intelligence-Generated Disinformation: Urgency of Reform in Indonesia

Zainal Arifin, Emi Puasa Handayani — Tue, 30 Sep 2025 00:00:00 +0700

Artificial intelligence (AI) presents significant challenges to the criminal liability framework under Indonesian press law, particularly in the regulation of AI-generated disinformation. This paper addresses these challenges through normative legal research, employing statutory, comparative, and conceptual approaches. The findings demonstrate that existing press law provisions are inadequate to regulate the complexity of AI-driven disinformation. This inadequacy has created a legal vacuum regarding accountability, undermining both legal certainty and the effectiveness of press regulation in the digital era. The paper argues that reform is urgently required to strengthen accountability while safeguarding press freedom. Such reform must incorporate the principles of prudence, independence, and AI ethics to ensure that press law remains responsive to technological innovation and continues to uphold the integrity of digital journalism.

Front Matter Volume 8 No. 3, September 2025

Jurist-Diction — Tue, 30 Sep 2025 00:00:00 +0700

Front Matter Volume 8 No. 3, September 2025