Amsir Law Journal

When Customer Accounts Go ‘Mati Suri’: Multiple Interpretations of Privacy and the Confusion of Indonesian Cyber Law

Muh. Akbar Fhad Syahril — 2025-10-30

This article examines the complex legal and practical challenges arising from the implementation of dormant account blocking policies by financial institutions in Indonesia, an increasingly urgent issue amid the acceleration of digital banking and the intensification of cybercrimes. Using a normative juridical approach supported by statutory and case analysis, the research scrutinises the intersection between the need to combat financial crimes and the imperative to protect customers' privacy rights under Indonesian cyber law. The findings reveal that while dormant account blocking is effective in mitigating illegal acts, such as money laundering and misuse of digital financial accounts, it often raises procedural and ethical issues, including a lack of notification, inconsistent legal implementation, and potential infringement on consumers' rights to privacy and access. These gaps lead to eroded public trust in digital banking due to uncertainty and the risk of arbitrary administrative action. The study recommends harmonisation of regulations and standard operating procedures among banks, enhanced dispute resolution mechanisms, and strengthened protection of customers' legal and privacy rights, particularly through improved transparency and digital literacy initiatives. The article contributes an integrative conceptual model balancing risk-based financial legislation and rights-based legal protection, offering a new legal framework better suited to Indonesia's evolving financial digital landscape

The Role of Ad Informandum in Indonesia’s Judicial System: Perspectives on Ethics, Procedural Law, and Human Rights

Didi Jubaidi — 2025-10-31

This study examines the legal and ethical dimensions of ad informandum—the submission of third-party information to judges within Indonesia’s judicial process. Although not explicitly regulated in procedural law, ad informandum has gained relevance in cases involving public interest and human rights, raising questions about its legitimacy, consistency, and impact on judicial integrity. Using a normative juridical research method combined with a comparative perspective on amicus curiae practices, this study analyzes statutory provisions, court decisions, and academic literature to clarify the position of ad informandum in Indonesia’s legal system.The findings indicate that ad informandum contributes to more informed and transparent judicial reasoning but remains normatively fragile due to the absence of procedural recognition and ethical safeguards. Without a clear legal basis, its use may lead to inconsistency or compromise due process principles. The study concludes that establishing explicit procedural guidelines for ad informandum would enhance accountability, ensure fairness, and align Indonesia’s judiciary with international human rights and judicial ethics standards. This contributes to the broader discourse on judicial reform and the integration of ethical reasoning in adjudication.

The Evolution of Legislative Power Relations between the Parliament and the President in Indonesia’s Constitutional System

Muh Farhan Arfandy — 2025-10-31

This study examines the evolution of the legislative power relationship between the House of Representatives (DPR) and the President within Indonesia's constitutional framework, particularly before and after the amendments to the 1945 Constitution. It aims to identify how constitutional reforms have reshaped the distribution of legislative authority and whether they have succeeded in achieving a substantive balance of power. Using a qualitative, normative juridical approach with historical and comparative analysis, the study explores relevant constitutional documents, laws, and Constitutional Court decisions. The findings reveal that although the constitutional amendments shifted the Indonesian system from presidential dominance to a formal balance of power, lawmaking practices remain heavily influenced by executive control. The president retains significant authority in legislative initiation and formulation, while the role of the DPR is often constrained by political and institutional constraints. Consequently, the principle of checks and balances in Indonesia's presidential system tends to be cooperative rather than competitive, with procedural balance lacking substantive equality. The study concludes that constitutional reforms must be complemented by institutional strengthening of the DPR through increased research capacity, professional legislative drafting, and increased public participation. This study contributes to the theoretical discourse on constitutionalism by proposing a cooperative checks and balances model suitable for presidential systems characterized by asymmetric power relations

Validity of Non Disclosure Agreement as The Protection Undisclosed Information

Suriyadi Suriyadi — 2025-10-31

Undisclosed information that has economic value and is not published is an intellectual work that is recognized and protected as intellectual property rights. Business actors and owners of confidential information use various means to protect this information, although basically the law has regulated this through Law Number 30 of 2000, one of which is a non-disclosure agreement or confidentiality agreement were used to protect undisclosed information beside the Indonesian Law. The research method used in this study is normative legal research with two approaches (conceptual approach and statute approach). A non-disclosure agreement as an agreement is made to bind the parties to protect confidential information both during the work/business relationship and after the relationship ends. The binding power of the NDA applies like a law based on the principle of pacta sunt servanda and it is the obligation of the parties to comply with the agreement based on the principle of good faith. NDA legal instruments are the scope of civil law so that the output is in the form of lawsuits for violations to restore rights or demand compensation. Besides that, there is an option of criminal enforcement for violations of trade secrets in the Trade Secret Law.

The Effectiveness of Bawaslu's Authority in Resolving Disputes in the 2024 Election Process in Central Sulawesi Province

Abdullah Abdullah — 2025-10-31

This study aims to analyze the authority of the Election Supervisory Agency (Bawaslu) in resolving disputes over the election process in Central Sulawesi Province using normative legal research methods. Disputes over the electoral process represent a critical dimension of democratic practice, yet previous studies have not sufficiently explored how the supervisory authority of Bawaslu functions in ensuring fairness and legal certainty in regional elections. This research examines the legal norms underpinning Bawaslu's authority, particularly as regulated in Law Number 7 of 2017 concerning General Elections and its implementing regulations, and evaluates the effectiveness of their application based on adjudicated dispute cases in the 2024 elections in Central Sulawesi. The findings indicate that although the Central Sulawesi Bawaslu has adjudicated several dispute cases and election violations, the implementation of its authority continues to face challenges related to institutional capacity, legal interpretation, and inter-agency coordination. The study underscores the significance of strengthening the legal framework and institutional resilience of Bawaslu to enhance its supervisory role in achieving fair and democratic elections in the future.