South East Asian Journal of Advanced Law and Governance (SEAJ-ALGov)

The Regulation of the Digital Transition in the EU: Opportunities & Challenges in the EU’s Fight Against Disinformation

Sybe Alexander de Vries — 2025-10-31

Digital technologies allow for the spread and dissemination of hate speech and disinformation at previously unseen scale and speed, which threaten citizens’ right to (accurate) information and human dignity, and the core values of the rule of law and democracy, which are for the European Union enshrined in Article 2 TEU. According to the European Commission, disinformation constitutes “false or misleading content that is spread with an intention to deceive or secure economic or political gain, and which may cause public harm”. The recently adopted EU’s Digital Services Act (DSA) seeks to combat harmful content online and disinformation, although disinformation is only referred to and not defined in its recitals. In this paper it will be assessed to what extent the DSA within the context of Europe’s Digital Single Market is fit for purpose to address the challenges of dissemination.

Presenting a Human Rights Perspective in Administrative Law (Paradigm Offers and Administrative Court Reviewing)

Despan Heryansyah — 2025-11-01

Human Rights have not yet become the main norm and principle in the regulation and reviewing of state administrative law in the State Administrative Court. So far, state administrative law, both at the regulatory and reviewing levels, is still identified with procedures, authorities, and orders of laws and regulations. In fact, in many ways, the products of state administrative law are very intersecting with human rights, such as the eviction of agricultural land, the takeover of housing, and so on. This research shows the opposite paradigm that state administrative law is very close and closely related to human rights, so it must be the main foothold in its regulation and reviewing. This research is a type of non-doctrinal research, using secondary data as the main study. The approaches used are the statute approach and conceptual approach. The results of the study show that theoretically, departing from the contemporary meaning of the state of law, human rights and state administrative law (as an important instrument of the state of law), become a unit that is inseparable from the meaning of the state of law itself. Meanwhile, from the juridical aspect, the interpretation of Article 28I paragraph (4) and Article 5 of the Government Administration Law, has implicitly emphasized that human rights are an inseparable part of state administration. Both as the basis for government officials/organs in carrying out government functions, and as a touchstone for State Administrative Court (PTUN) judges in adjudicating administrative cases.

Reformulating the Institutionalization and Enforcement of General and Regional Head Election Campaign Fund Reports

Muhammad Machshush Bil Izzi — 2025-11-01

Campaign Funds are a vital instrument for the realization of Campaign activities by General and Regional Head Election Participants. However, several problems occurred in the Campaign Fund report such as the practice of realizing the use or expenditure of Campaign Funds that were not in accordance with the report submitted to the General Election Commission, the formality of the Campaign Fund report and the disparity in the imposition of sanctions, as well as the inconsistency of law enforcement on the Campaign Fund report. Various previous studies have discussed the problems and importance of transparency in Campaign Fund reporting. However, the issue of institutional reformulation and alternative enforcement of Campaign Fund reports is still minimally highlighted. Based on this, this study focuses on the reformulation the institutionalization and enforcement of Campaign Fund reporting in General and Regional Head Elections. In this study, the methodology used to analyze the problem is using a normative juridical methodology. This study found that it is necessary to reformulate the arrangements institutionalization and enforcement of Campaign Fund reports to strengthen substantive Campaign Fund reports, including by involving Financial Transaction Reporting and Analysis
Center in the supervision and enforcement mechanism of Campaign Funds that are unreasonable or illegal, so that they are not just administratively compliant or noncompliant with the Campaign Fund reports.

A Critical Review of the House of Representatives’ Role in the Naturalization Process of Foreign Athletes in Indonesia

Muhammad Fathur Rizqi — 2025-11-01

In the Citizenship Law in Indonesia, there are three regulated citizenship pathways, namely Ordinary Naturalization (Article 9), Naturalization due o Mixed Marriage (Article 19), and Special Naturalization (Article 20). In its implementation, only the Special Naturalization pathway involves the role of the People’s Representative Council of the Republic of Indonesia (DPR) in the process of granting citizenship. This study attempts to analyze the original intent of the DPR’s recommendation, position, and benchmarks in the process of granting citizenship to Foreign Athletes. The purpose of this study is to describe the involvement of the DPR in the process of granting citizenship to Foreign Athletes within the framework of laws and regulations in Indonesia. This study uses a juridical-normative research method based on academic manuscripts, minutes of meetings, and provisions of lawsand regulations in Indonesia. In addition, this study uses three approaches, namely the legislative approach, the conceptual approach, and the historical approach. Furthermore, this study found that the involvement of the DPR in the process of naturalizing Foreign Athletes in Indonesia is a form of preventive supervision is measuring national interests and preventing abuse of authority. However, there is still ambiguity regarding the DPR’s consideration of national interests, so clear criteria are needed to measure national interests. In addition, there needs to be clearer rules regarding the legal implications related to the DPR’s rejection of citizenship applications through the special naturalization route.

Law and Accountability in Hajj Fund Reporting: Addressing Regulatory Disharmony in Indonesia

Meta Syarah — 2025-11-01

This study analyzes the inefficiencies and ineffectiveness of Hajj fund reporting in Indonesia arising from regulatory disharmony between Law Number 34 of 2014 on Hajj Financial Management and Law Number 8 of 2019 on the Organization of Hajj and Umrah. Such inconsistency has created unclear reporting authority between the Hajj Financial Management Agency (BPKH) and the Ministry of Religious Affairs (Kemenag), resulting in weak oversight, transparency, and accountability in Hajj fund management. A normative legal approach based on statutory and literature analysis is employed. Through this method, the study finds that Kemenag is not legally required to report its fund utilization to BPKH, despite BPKH’s accountability. This asymmetry undermines transparency and oversight, while BPKH’s limited access to Kemenag’s reports and differing interpretations by Audit Board of Indonesia (BPK) and Finance and Development Supervisory Agency (BPKP) impair supervisory effectiveness. The study suggests regulatory harmonization institutional realignment and integrated reporting as necessary reforms. The Indonesian experience shows that institutional reform without regulatory coherence risks creating fragmented authority and accountability gaps. Countries with similar governance structures may draw important lessons learned from Indonesia’s case, the urgency of legal clarity, inter agency coordination, and integrated reporting as prerequisites for accountable and transparent Hajj fund governance.