Legality : Jurnal Ilmiah Hukum

Legal protection of personal data security in Indonesian Local Government apps: Al Farabi's perspective

Sheila Kusuma Wardani Amnesti, Siti Zulaichah, Nurul Istiqomah — Tue, 29 Oct 2024 00:00:00 +0700

The rapid advancement of technology is a double-edged sword. While it provides easy access to information, it also opens the door to unrestricted access, including personal data. Governments worldwide are leveraging technology to enhance their connection with citizens and deliver top-tier public services. In this vein, the Provincial Government of DKI Jakarta as an Indonesian local government, launched a SuperApps called JAKI in 2019 as a dynamic platform for two-way communication between DKI Jakarta residents and local authorities. This research employs empirical juridical methods, incorporating statutory and conceptual approaches. Drawing from primary sources, including DKI Jakarta Regional Secretariat Decree Number 99 of 2022 concerning the Citizen Relations Management application and interviews with the Smart City Developer Service Unit, the study demonstrates that JAKI ensures robust data security. The app complies with ISO 2700, an international standard that regulates information security management systems and fulfils the three core components: confidentiality, integrity and availability. Furthermore, in alignment with Al Farabi's concept of information security accountability, the emphasis is placed on collaborative social responsibility between data owners and collectors, represented by DKI Jakarta Provincial Government. This cooperation is both fair and beneficial, adhering to the fundamental principles of political philosophy and ethics.

The right of local government employees to expungement of disciplinary offences processed digitally in Jordanian and Qatari legislation

Jehad D. Aljazi — Mon, 25 Nov 2024 00:00:00 +0700

This paper examines a right that has emerged due to the activities performed by users on the internet, specifically the right to digital expungement of disciplinary offences committed by Municipal Employees and the penalties imposed on them, and its relationship with public service. The issue addressed is whether the legislative provisions in Qatar and Jordan are sufficient to safeguard and preserve this right. This paper demonstrates all the legal provisions related to the right to digital expungement of disciplinary offences and applies an analytical comparative approach between the Jordanian and Qatari legislation. In conclusion, with several findings and recommendations, this study highlights the existence of a relationship between the right to digital expungement and the statute of limitations for disciplinary offences and penalties due to the similarity in their legal effects. The study recommends reversing the recent amendment to the Civil Service Regulation No. 34 of 2024, which deleted the provisions related to the statute of limitations for disciplinary offences and the expungement of disciplinary penalties after a certain period defined by the relevant stipulations. It suggests adding these provisions to the new Human Resources Management Regulation No. (33) Of 2024.

Sharia in Moroccan Law: a perpetual source and guiding reference

Souad Ezzerouali, Mohamed Cheikh Banane, Brahim Hamdaoui — Mon, 02 Dec 2024 00:00:00 +0700

This study examines the role of Sharia in the Moroccan legal system, assessing whether it serves as a fundamental source of legislation or merely a reference. Morocco's legal framework uniquely combines Islamic principles with secular laws, reflecting its colonial history and modern reforms to preserve Islamic heritage while advancing legal modernization. This distinctive blend positions Morocco as a model for balancing tradition and contemporary legal requirements. The research adopts a critical analytical approach, analyzing constitutional and legal texts, judicial precedents, and practical applications. It also conducts a comparative analysis with Indonesia to explore different approaches to integrating Sharia. Morocco applies Sharia centrally, especially in personal status laws, while Indonesia uses it regionally, such as in Aceh, within a predominantly secular national framework. The study highlights how historical, social, and political contexts influence the role of Islamic law in both countries. Findings show that Sharia is a crucial source for personal status matters in Morocco and a supplementary reference in other legal areas, with the Commander of the Faithful (Amir al-Mu'minin) maintaining this balance. In contrast, Indonesia emphasizes the regional application of Sharia alongside national secular laws. The study provides insights into balancing religious identity with legal modernization, offering a framework for legal pluralism that can inform researchers and policymakers in diverse socio-political contexts.