5.3 Synthesis of Regulatory Fidelity, Customary Tenures, and Data Governance
The implementation fidelity of statutory frameworks within the development of Indonesia's new capital city reveals critical institutional and normative deficits across both digital and spatial domains. In digital governance, while the Personal Data Protection Law establishes foundational data subject safeguards, regulatory fidelity remains compromised by the absence of an independent supervisory authority capable of enforcing compliance, standardizing oversight, and securing institutional accountability (JULR, 2025). This institutional deficit directly mirrors administrative vulnerabilities observed in spatial governance, where customary legal norms provide vital protections for indigenous forest management yet face structural friction against national statutory instruments in the capital territory (Qistina, 2023). Furthermore, land development regulations in the capital project frequently marginalize local stakeholder participation, generating substantial disparities between centralized statutory mandates and the constitutional preservation of customary land values and local community welfare (Society, 2023). A pronounced research gap emerges in current legal scholarship, which predominantly treats personal data governance and agrarian tenure security as separate regulatory silos rather than intersecting dimensions of state modernization and human rights protection. Scholarly inquiry has yet to comprehensively examine how integrated digital public administration systems and state-led spatial acquisition jointly reshape indigenous community sovereignty. Finally, the primary limitation of this study lies in its reliance on normative legal synthesis and secondary regulatory sources, which precludes the empirical observation of emerging operational enforcement practices as the new capital's administrative institutions and oversight mechanisms formalize on the ground.