Awang Long Law Review

RISK MITIGATION OF NEGATIVE PLEDGE COLLATERAL FOR SYNDICATED LOAN IN OIL AND GAS COMPANY

Yudho Prabeswara — Wed, 07 May 2025 20:27:18 +0700

Lending by banks carries the risk of default, which may affect the bank’s financial stability. To reduce this risk, banks apply prudential principles in syndicated loans, including the Negative Pledge mechanism, which prohibits debtors from encumbering their assets to other parties without creditor approval. However, as a state-owned company, PT P has limitations in using its assets as collateral, so using a Negative Pledge is an alternative solution. The challenge is that this clause has no specific regulation in Indonesia, which can weaken the creditor’s position in the credit agreement. This research aims to analyze the application of Negative Pledges in syndicated loans in the oil and gas sector and identify risk mitigation strategies for creditors in Indonesian law. The research method used is descriptive with a normative approach based on analysis of positive law, jurisprudence, and legal doctrine. The findings reveal that although the Negative Pledge clause provides significant protection to creditors, its implementation in Indonesia faces challenges due to the absence of specific regulations governing the clause in detail. Additional clauses such as Disposal Restrictions are recommended to mitigate risks, along with enhanced oversight through more stringent agreement mechanisms. This study offers practical contributions to banks in managing syndicated loan risks and provides new insights into the development of banking legal policies related to the Negative Pledge in Indonesia.

LEGAL CONSEQUENCES OF THE REVOCATION OF LAND AND HOUSE GRANTS BY A MOTHER TO HER BIOLOGICAL CHILD UNDER THE COMPILATION OF ISLAMIC LAW

Emi Zulaika, Moh. Ali, Laily Firdausi Aulia Amien — Wed, 07 May 2025 20:27:50 +0700

This study analyzed the case of grants in decision number 4301 / Pdt.G/2023 / Pa.Jr, which involves a mother who donates all of her property in the form of land and a house to one child without the consent of the other children. A grant is a voluntary transfer of property from one person to another without coercion and generally irrevocable. In this context, however, the grant is canceled because there is no consent from the other heirs who should have the same rights to the property.Revocation of a grant refers to the act of canceling the status of a grant that has previously been granted, which in this case occurs due to a violation of the procedure established in the law. Under Articles 210 and 212 of the compilation of Islamic law, grants made without the consent of all heirs are considered invalid. As a result, the deed of Grant registered in the name of the donee is considered null and void, so the grant is considered an inheritance that must be divided equally among all legal heirs, in accordance with Article 213 of the compilation of Islamic law.This study emphasizes the importance of complying with legal procedures in grants to prevent disputes. The cancellation of this grant also shows the relevance of the need for the consent of all heirs in the grant process so that it does not contradict the provisions of the applicable law.

USTADZ AS MARRIAGE GUARDIAN FOR A MUSLIM CONVERT BRIDE

Perwitiningsih Perwitiningsih — Wed, 07 May 2025 20:26:35 +0700

One of the legal requirements for marriage in Islam is the presence of a guardian for the bride, including for a bride who is a convert. One of the conditions for someone to act as a guardian in a Muslim marriage is that they must be a Muslim. If the bride’s guardian by liniage does not meet the requirements to be a marriage guardian due to being a non-Muslim, the authority to officiate the marriage is transferred to the Authoritative guardian. This research is a normative legal study using a statutory approach, examining the role of an ustadz as the Authoritative guardian for a converted bride. The results of the research show that the appointment of Ustadz Yahya M.Y. as the Authoritative guardian for Mahalini did not comply with the procedures and regulations in force in Indonesia. The person who should have acted as the Authoritative guardian in the marriage of Mahalini and Rizky is the Head of the District Religious Affairs Office, who is appointed by the Minister of Religious Affairs to act as the guardian for a bride who has no lawful guardian or whose guardian does not meet the legal requirements. An invalid guardian causes marriage to be invalid as well. However, regarding the status of the child conceived by Mahalini at the time of the remarriage, based on Article 42 of the Marriage Law in conjunction with Article 99 point (a) of the Compilation of Islamic Law, the child is considered legitimate, as a child born from a valid marriage is recognized as a legitimate child and entitled to legal rights under the law.

JURIDICAL REVIEW OF COPYRIGHT INFRINGEMENT IN BOOK CIRCULATION THROUGH E-COMMERCE PLATFORMS

Vivi Hardiyanti, Irman Syahriar, Khairunnisah — Fri, 09 May 2025 20:42:16 +0700

People often copy and duplicate literature since it has gotten ingrained in their minds and they don't consider the inadequacies of others. Individual copyright protection is almost nonexistent in Indonesia. Traditionally, everything created by the community is referred to as common property. The requirement for legal protection becomes apparent after the work's economic worth is established. The traditional perspective is that copyright's benefits outweigh its costs. The method used in this study relies on library resources, namely those that provide new or current scientific information or fresh perspectives on established facts or concepts. In this instance, these resources include books, journals, dissertations, theses, and other legal papers. Both primary and secondary legal sources are thoroughly used in this normative legal study. In Indonesia, copyright violations on e-commerce sites are still seen as ineffectual. Practice on the ground demonstrates that numerous copyright infringements, such as the selling of pirated books, are nevertheless widespread even though the UUHC provide a legal foundation for combating infringement. This is caused by a number of things, such as a lack of government control and e-commerce platforms' incapacity to efficiently monitor and eliminate material that violates copyright. The prior legislation was improved upon with the enactment of the UUHC (Copyright Act) of 2014. Better protection for artists and their works is undoubtedly the goal of this change. The need for more protection and legal clarity for authors, copyright holders, and owners of associated rights is heightened by the rapid advancements in science, technology, literature, and the arts. Indonesia is encouraged to further implement copyright and associated rights in its domestic legal system by its involvement in several international treaties, which enables its authors to compete globally. This is also part of the history of how UUHC 2014 came to be, superseding Act No. 19 of 2002 on Copyright.

LAW ENFORCEMENT AGAINST FOREIGN NATIONALS WHO EXCEED THE PERIOD OF STAY PERMIT IN INDONESIA

Ade Hermawan, Sukindar, Khairunnisah — Thu, 15 May 2025 12:40:06 +0700

Immigration problems are issues that cannot be ignored. The arrival of foreign nationals to Indonesia has an important role in supporting national development, as it can provide various benefits and advantages for the country. The mobility of foreigners in and out of Indonesia contributes to the increase of foreign exchange, especially in increasing regional income to support development and increase the amount of foreign currency deposits. This research focuses on the problems that arise when foreign nationals exceed the limit of their stay in Indonesia. This research utilizes the Empirical Juridical method with a juridical analysis approach in empirical legal studies. This approach views law as an inseparable part of human life. Law is not only considered as something abstract, but also understood through individual behavior and social dynamics in society. The study of social behavior in this context is directed at verifying the validity of the applicable law based on the empirical data obtained. Based on the research results, administrative action in immigration is closely related to selective policy as stipulated in the explanation section of Law No. 6/2011 on Immigration. Although legal provisions have regulated this, there are still cases of foreign nationals misusing their residence permits. One example of a case currently being handled by the Office of IMMIGRATION CLASS I TPI SAMARINDA shows that violations of residence permits are not criminally prosecuted, but are only subject to administrative sanctions in the form of deportation, as stipulated in Article 75 paragraph (2) letter f of Law Number 6 of 2011 concerning Immigration.

LEGAL CONSTRUCTION OF RULE OF REASON APPROACH TO PREDATORY PRICING IN DIGITAL BUSINESS

Naufal Ghifari, Tarsisius Murwaji, Nun Harrieti — Sat, 17 May 2025 20:14:24 +0700

The advancement of technology in the business sector is marked by digitalization, enabling transactions to be conducted virtually through platforms, which subsequently gave rise to a new business sector—platform providers. Over time, competition in this sector has increasingly led to unfair business practices, particularly through predatory pricing, which is prohibited. However, the current regulatory framework lacks clear and specific provisions as stipulated under Article 20 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. This ambiguity poses challenges in applying the regulation to concrete cases, particularly in addressing predatory pricing in the digital business context. Consequently, a precise and proportional legal construction is required. This research also employs a descriptive-analytical specification method, which involves outlining the applicable laws and regulations in connection with legal theories and the implementation of positive law practices relevant to the issues examined in this study. The research concludes that Predatory pricing practices in digital business, from the perspective of the Rule of Reason principle, tend towards prohibited below-cost pricing. Therefore, law enforcement necessitates the application of a legal construction based on the guidelines of the Business Competition Supervisory Commission Regulation Number 6 of 2011 concerning Guidelines for Article 20 of Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. However, certain indicators need to be added to enhance the legal framework regulating predatory pricing in digital business through reconstruction by adopting standardized reasonableness criteria and integrating the Per Se Illegal approach to support the realization of legal certainty grounded in efficiency for consumer welfare.

LEGAL PROTECTION OF FASHION DESIGN WITH MOTIFS IN THE DIGITAL ERA AGAINST COPYRIGHT INFRINGEMENT IN THE INDONESIAN FASHION

Dewi Sartika, Elvi Yanti Dwi Mas, Ekawati — Sat, 17 May 2025 20:40:54 +0700

The introduction of digital technology into the process of creating and distributing fashion motif designs, such as the application of digital printing techniques, increasingly shows how vulnerable creative works are to copyright infringement practices. Learning and applying this technology also raises the need for adequate legal knowledge, so that there needs to be socialization and education regarding copyright among creative industry players. Along with globalization and increasingly widespread internet penetration, cases of copyright infringement are not limited to one country. The digital transformation in the fashion industry has opened up opportunities for designers to develop creative fashion motifs through digital media, but at the same time increases the risk of copyright infringement due to the ease of replication, distribution, and modification of designs online. The application of digital printing technology, for example, allows for the reproduction of motifs with high quality and speed that is difficult to monitor, thus raising legal issues if the design is duplicated without permission. The gap between advances in information technology and the legal framework for intellectual property protection and the low level of legal literacy among creative industry players further exacerbates this condition. Therefore, it is necessary to revise laws and regulations, improve monitoring mechanisms, and provide intensive education so that the copyright protection system for fashion motif designs can be comprehensively integrated. Integration between digital technology innovation and adaptive regulatory enforcement is considered the key to creating a fair, innovative fashion industry ecosystem that is able to provide proper rewards to creators.

CIVIL LAW ASPECTS IN THE MAKING OF A POWER OF ATTORNEY TO SELL IN THE PROCESS OF TRANSFERRING LAND RIGHTS

Yosua Yonathan Kristanto, Khairunnisah, Benhard Kurniawan Pasaribu — Sun, 18 May 2025 16:32:20 +0700

In order to overcome these obstacles, it is necessary to help other individuals resolve them, which then gave rise to the concept of representation, where a person acts on behalf of other individuals when resolving their interests. This is known as power of attorney, which is regulated in Article 1792 of the Civil Code. Power of attorney itself is an agreement that requires authority in taking action. This research relied on a variety of library sources, i.e. references that contain the latest scientific information or updated understanding of known facts or developing ideas. These sources include books, journals, dissertations, theses and other legal documents. The research findings show that abuse of power of attorney, especially when the action taken is not in accordance with the power of attorney granted, can have various legal consequences. Actions that exceed the limits of the power of attorney risk being null and void or at least not binding on the authorizing party, in accordance with the provisions of Article 1804 of the Civil Code which states that actions outside the power of attorney do not create rights and obligations for the authorizer. The liability of the proxy itself relates to two important aspects: freedom of contract and statutory provisions. Although they have different meanings, there are exceptions to the freedom of contract principle that allow the making of agreements as long as they are not contrary to applicable law.

IMPLEMENTATION OF DIVERSION IN THE JUVENILE CRIMINAL JUSTICE SYSTEM IN SAMARINDA DISTRICT COURT

Muhammad Rido, Ony Rosifany, Imron — Sun, 18 May 2025 18:23:11 +0700

Children need to be protected from the negative effects of rapid development, globalization in the information and communication industry, scientific and technological breakthroughs, and changes in lifestyle and lifestyle of some parents. These factors result in fundamental social changes and have a major impact on children's behavior and values. Children who commit crimes are greatly influenced by socialization, education, playmates, and other external factors. This study uses the normative legal research method, utilizing primary and secondary legal sources, especially those that provide fresh or current scientific data or alternative perspectives on established facts or ideas. These sources in this case are books, journals, theses or dissertations, and other legal papers.The results of this study are that the implementation of Diversion is one of the restorative justice approaches that can be used to handle juvenile crimes. By focusing on how to return to the original state, diversion through a restorative justice approach is a fair and reasonable solution to children's cases involving perpetrators of criminal acts, victims, families of criminals, and other parties who collectively seek a solution to the crime and its consequences for the victim. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System regulates the procedures for diversion. Various studies have shown that there are obstacles that hinder the implementation of effective diversion. One of the main challenges is the lack of in-depth understanding of the procedures and principles underlying diversion among law enforcement officers and the community.

LEGAL CONSEQUENCES AGAINST BUSINESS ACTORS WHO DO NOT IMPLEMENT OCCUPATIONAL HEALTH AND SAFETY STUDIED FROM POSITIVE LAW

Fathur Nur Fadillah, Ony Rosifany, Kamaludin — Mon, 19 May 2025 11:10:19 +0700

Work accidents caused by companies that are negligent in implementing Occupational Safety and Health (K3) can endanger workers or laborers who are carrying out their activities in the company. They can experience minor or serious injuries, permanent disabilities, and in the worst case, can result in death for workers or laborers. Development companies must not be negligent in implementing K3 protocols in their production areas and construction areas because it can cause discomfort for workers or laborers in working and the level of work accidents has the potential to be very high. In this study, a normative legal research method was used, research materials were mostly accessed from the literature, namely materials containing new or up-to-date scientific knowledge, or new understandings of known facts or ideas, in this case including books, journals, dissertations or theses, and other legal materials. The results of the research obtained were the legal consequences for perpetrators who do not implement K3 as stated in Article 35 paragraphs (2) and (3) in conjunction with. Article 186 paragraph (1) of Law Number 13 of 2003 concerning Manpower explains that companies that provide workplaces for workers or laborers are required to provide protection that includes welfare, safety and occupational health for workers/laborers from the beginning of recruitment to work placement. Legal protection for workers who experience work accidents is an important aspect of the employment system in Indonesia, as stipulated in Law Number 13 of 2003 35 paragraphs (2) and (3) jo. Article 186 paragraph (1) and concerning Manpower.

LEGAL CONSEQUENCES OF OWNERSHIP OF UNREGISTERED LAND RIGHTS FROM THE PERSPECTIVE OF POSITIVE LAW

Muhammad Ferdian Noor, Sukindar, Benhard Kurniawan Pasaribu — Mon, 19 May 2025 00:00:00 +0700

The land registration process throughout Indonesia has not been fully completed, this phenomenon is influenced by the lack of public awareness in registering their land. Although the government has set a target to achieve comprehensive land registration through the Complete Systematic Land Registration Program (PTSL), the purpose of this study is to determine the legal consequences of not registering land rights in Indonesia and legal certainty in land registration. In this study, the method of accessing and researching takes a lot from library materials, namely materials containing new or up-to-date scientific knowledge, or new understandings of known facts or ideas, in this case including books, journals, dissertations or theses and other legal materials. The legal consequences of not registering land rights in Indonesia in the form of certificates can have significant implications for legal certainty and protection of landowner rights. Land registration is an important step to ensure legal certainty, where land title certificates serve as strong evidence of ownership. Without registration, landowners are at risk of legal uncertainty, which can result in land disputes and difficulties in conducting other legal transactions. The results of the implementation and execution of electronic land registration as referred to in paragraph (1) are in the form of data, electronic information, and/or electronic documents. That in the process of implementing land registration with Government Regulation Number 24 of 1997 concerning Land Registration states that land registration is a series of activities carried out by the Government continuously, sustainably and regularly.

THE URGENCY OF HALAL CERTIFICATION IN ENSURING LEGAL CERTAINTY FOR MUSLIM CONSUMERS

Brian Fina Marliana, Abdul Rokhim, Farahwati — Tue, 20 May 2025 09:11:59 +0700

Perceptions about halal certification vary widely, many consumers still do not understand the importance of this certification, even though this certification is part of their rights as consumers. Without a strong understanding of the importance of halal certification, Muslim consumers may face the risk of consuming non-halal products that can interfere with their beliefs. The research method used is Normative legal research, research by approaching laws and regulations and legal literature and journals. The results of the study show that halal certification has a crucial role in providing legal certainty for Muslim consumers in Indonesia, the majority of whom are Muslim. Law No. 33 of 2014 concerning Halal Product Assurance makes this certification mandatory, so it is expected to protect consumer rights in accessing products that comply with sharia principles. Legal certainty for Muslim consumers is very important in the context of consumer protection, especially in the digital era and e-commerce. Research shows that adequate regulation and protection can help Muslim consumers obtain products and services that comply with Islamic principles. Optimizing halal certification is one of the key aspects that supports legal certainty for Muslim consumers. Thus, the urgency of halal certification in this context lies not only in legal and social support, but also in collective efforts to educate the public about the importance of halal products, operationalization in business practices, and assurance that the products they consume maintain sharia values. The role of the government in supporting Micro, Small, and Medium Enterprises (MSMEs) and other business actors to access halal certification is very strategic, considering the importance of this certification to increase the competitiveness of MSME products in domestic and international markets.

LEGAL PROTECTION FOR LOSSES DUE TO BUGS IN SMART CONTRACTS IN TRADE PRACTICES THROUGH ELECTRONIC SYSTEMS

Yusuf Kornelius, Surahmad — Tue, 20 May 2025 19:40:51 +0700

The rapid advancement of technology has significantly impacted various aspects of society, particularly in the field of trade conducted through electronic systems. One important innovation emerging from this development is the smart contract. However, alongside these advancements, new challenges have arisen, especially technical vulnerabilities that can occur at any time. Although smart contracts offer increased efficiency and security, they remain inherently susceptible to bugs. Therefore, this study aims to analyze the potential losses caused by bugs in smart contracts within electronic trading systems, as well as to examine how existing legal instruments protect parties harmed by such bugs. This research employs a normative legal methodology, utilizing statutory and conceptual approaches, and relies on secondary data obtained through a literature review. The findings indicate that bugs in smart contracts used in electronic trading can result in both material and immaterial losses for users. Furthermore, legal protection to mitigate such losses is supported by two main pillars: preventive protection and repressive protection, both of which are guaranteed under Indonesian positive law. Thus, the findings show that although Indonesia does not yet have specific legislation explicitly regulating smart contracts, legal protection for aggrieved parties is still available through the existing legal framework, including the Electronic Information and Transactions Law (UU ITE), the Consumer Protection Law (UU PK), Government Regulation on Electronic Systems and Transactions (PP PSTE), and Government Regulation on Trading Through Electronic Systems (PP PMSE) which collectively cover protection aspects in technology-based trade transactions.

UNDERSTANDING THE MECHANISM OF JOINT PROPERTY DIVISION: RIGHTS OF HUSBAND AND WIFE ACCORDING TO MARRIAGE LAW IN INDONESIA

Esti Royani, Kamaluddin, Sarikun, Isnawati, Syamsudin — Fri, 23 May 2025 00:00:00 +0700

The mechanism for dividing joint assets in marriage law in Indonesia still occurs due to differences in its implementation. Court decisions often rely on consideration of financial contributions, but non-financial contributions are not properly recognized. Inaccuracies in judges' decisions and the lack of public understanding of the law are the main factors influencing the uncertainty of the division of joint assets after divorce. This study aims to analyze the mechanism of division of joint property in marriage law in Indonesia and identify the factors that influence the process. The focus of this study is to examine financial and non-financial contributions considered in court decisions, and differences in legal interpretation can affect the results of the division of joint assets. This study uses empirical research methods with qualitative and quantitative approaches. A total of 30 divorce cases have been analyzed in district courts and religious courts to understand the pattern of division of joint assets in legal practice. The results of the study show that although most court decisions prioritize financial contributions in the division of joint assets, non-financial contributions have not been estimated. Other influencing factors are property owners, access to legal examination, and recognition of two rights. More comprehensive rules and regulations are needed for the distribution of joint assets. An important step towards a fair and transparent legal system is the reform of the judicial system and legal training for married couples.

DISPUTE RESOLUTION OF DEFAULT OF CV KARYA PUTRA BERSAMA IN COAL PROCUREMENT AGREEMENT BETWEEN PT. TJIWI CHEMICAL PAPER MILL, TBK. AND PT. INDAH KIAT PULP & PAPER, TBK.

Titik Indrawati, Sri Astutik, Subekti — Tue, 27 May 2025 00:00:00 +0700

Contractual disputes due to breaches often occur in business relationships, including the case between CV. Karya Putra Bersama and the plaintiff. This study aims to analyze the legal basis and resolution process of breach of contract disputes and their impact on the parties. The research questions include the causes of the breach, dispute resolution steps, and court decisions. The study employs a normative juridical approach by analyzing contract documents, legal facts, and court rulings. Findings indicate that the defendant breached the contract due to delayed deliveries and violations of contractual commitments, leading to a court ruling requiring the defendant to pay penalties and damages. Furthermore, non-litigation efforts such as legal notices failed due to the defendant's lack of goodwill. This study emphasizes the importance of detailed contract drafting and optimizing non-litigation dispute resolution to prevent legal and financial losses.

THE IMPACT OF COUNTERFEIT MONEY CIRCULATION ON MONETARY STABILITY AND THE ROLE OF BANK INDONESIA IN HANDLING IT

Chanandika Dafri Widagdo, Hery Firmansyah — Tue, 27 May 2025 10:06:04 +0700

The circulation of counterfeit money in Indonesia poses a serious threat to monetary stability and public trust in the rupiah. This issue can disrupt the financial system, undermine the credibility of legal tender, and weaken the effectiveness of monetary policy. Bank Indonesia, as the central bank, plays a critical role in maintaining the integrity of the national currency and ensuring a smooth payment system. Counterfeit money not only undermines the currency’s value but also creates challenges for economic growth and stability. This study aims to analyze the impact of counterfeit money circulation on Indonesia’s monetary stability and evaluate the role of Bank Indonesia in mitigating its effects. Using a normative juridical method with a qualitative descriptive approach, the research relies on secondary data obtained through literature reviews, legal instruments, policy reports, and publications from relevant institutions such as Bank Indonesia and law enforcement agencies. The data are analyzed by interpreting legal norms, institutional functions, and strategic efforts concerning monetary stability. The findings indicate that Bank Indonesia has implemented multi-faceted mitigation strategies, including enhancing the security design of the rupiah, improving public financial literacy through campaigns like “Love, Proud, Understand Rupiah,” and strengthening cooperation with law enforcement to address counterfeit money circulation. However, challenges remain, particularly with technological advancements used by counterfeiters and insufficient public awareness. The study concludes that Bank Indonesia’s role must be continuously strengthened, not only in legal and technological measures but also in increasing public engagement to safeguard the rupiah and ensure monetary stability.

CARBON TAX REGULATION IN INDONESIA: A COMPARATIVE REVIEW WITH SINGAPORE

Salsabila Yasmin Qanita, Diani Sadiawati — Tue, 27 May 2025 10:23:05 +0700

Climate change presents an urgent global challenge, prompting countries to adopt emission reduction strategies in accordance with the Paris Agreement. One such strategy is the implementation of a carbon tax to reduce greenhouse gas emissions and promote sustainable development. Indonesia and Singapore, as signatories to the Paris Agreement, have both introduced carbon pricing policies with differing legal and institutional frameworks. This study analyzes and compares the carbon tax regulations in Indonesia and Singapore to evaluate their alignment with climate commitments and identify practical lessons for Indonesia. The objective of this research is to examine the carbon tax regulations in both countries and identify aspects of Singapore's carbon tax policy that could serve as a lesson for Indonesia in formulating a more effective policy. This study employs a normative juridical method with a comparative approach and a statutory approach. The findings indicate that Indonesia’s carbon tax, introduced through Law Number 7 of 2021, represents an initial step toward achieving national climate targets. However, the policy is still limited in scope and lacks certainty in rate progression, coordination between institutions, and enforcement mechanisms. Conversely, Singapore’s Carbon Pricing Act 2018 provides a more structured and transparent system. It includes specific emission thresholds, gradually increasing tax rates, centralized reporting, and strict enforcement backed by legal sanctions. Therefore, Indonesia can draw lessons from Singapore in terms of policy design, institutional framework. These include establishing a clear carbon tax roadmap, improving inter-agency coordination, developing a centralized monitoring and reporting platform, and implementing firm sanctions for non-compliance.

IMPLEMENTATION OF INTELLECTUAL PROPERTY LAW AWARENESS AND CYBERSECURITY TECHNOLOGY AGAINST DIGITAL COPYRIGHT VIOLATIONS IN INDONESIA DURING THE 2024 ELECTIONS

Yoan Shevila Kristiyenda, Tasya Safiranita Ramli — Tue, 27 May 2025 10:35:10 +0700

The rapid growth of internet users in Indonesia has driven digitalization across various aspects of life, including the 2024 General Election. However, this increase in digital activity also raises serious challenges related to the protection of intellectual property rights and digital rights, such as copyright infringement, the spread of hoax information, and cyberattacks that potentially threaten the integrity of democracy. Based on this background, this study examines how awareness of Intellectual Property Rights and cybersecurity technology impacts digital copyright infringement and digital rights violations in the 2024 General Election. This research uses a normative-empirical legal method, combining field and literature studies, to analyze the effectiveness of regulations and public awareness of Intellectual Property Rights. The analysis refers to Soerjono Soekanto’s Theory of Legal Awareness, which outlines four progressive indicators: legal knowledge, legal understanding, legal attitude, and legal behavior. These indicators serve as a framework to assess how public knowledge, understanding, attitudes, and behavior toward intellectual property and cybersecurity influence the level of digital rights violations in Indonesia during the 2024 General Elections. The results show that weak public understanding of intellectual property rights contributed to widespread copyright infringement, while hoaxes and weak cybersecurity threatened the integrity of the election. Thus, the spread of hoaxes on social media and weak cybersecurity highlighted the need for collaboration among the government, the public, and the media. Strengthening regulations, increasing legal awareness, and adherence to cybersecurity standards are key to maintaining the integrity of information and electronic systems during General Elections.

ESTABLISHING CONSUMER SECURITY WITHIN THE PEER-TO-PEER LENDING ECOSYSTEM IN INDONESIA: A JURIDICAL ANALYSIS

Yoel Samuel, Ariawan Gunadi — Tue, 27 May 2025 00:00:00 +0700

The development of financial technology has driven the rise of peer-to-peer lending services in Indonesia, enabling fast and accessible financing. However, this convenience is accompanied by increasing violations of consumer rights, including excessive interest rates, misuse of personal data, and standard agreements that disadvantage consumers. Many users fail to understand the legal implications of the terms they accept, reinforcing an imbalance of power between providers and consumers. Aggressive and unethical debt collection practices have also emerged due to weak regulatory oversight. This study aims to analyze the effectiveness of legal consumer protection within Indonesia’s peer-to-peer lending ecosystem. The research applies a normative juridical method through literature review, analysis of Supreme Court Decision No. 1206 K/Pdt/2024, and conceptual legal interpretation. Findings indicate that existing regulations, such as the Consumer Protection Act and the Financial Sector Development and Strengthening Act, have not been optimally enforced, particularly concerning standard clauses and data protection. The government must enhance public legal literacy and strengthen regulatory oversight and sanctions against violations. In conclusion, structural and substantive reforms of fintech regulations are needed to ensure that digital financial innovation advances in alignment with consumer justice and legal protection.

LEGAL PROTECTION FOR DEBTORS ACTING IN GOOD FAITH IN FULFILLING OBLIGATIONS TO UNIDENTIFIED CREDITORS

Tendri Hardiyansyah, Tjempaka Tjempaka — Tue, 27 May 2025 00:00:00 +0700

The transfer of receivables (cession) in mortgage loan agreements without prior notice to the debtor has led to legal uncertainty and poses a risk of harm to debtors acting in good faith. This study aims to analyze the legal standing of debtors in cases of cession conducted without notification, as well as to identify forms of legal protection available to such debtors. The research adopts a normative juridical approach, relying on the analysis of statutory regulations and a case study of the Tangerang District Court Decision No. 1238/Pdt.G/2022/PNTng. The findings indicate that although Article 613 of the Indonesian Civil Code requires notification to the debtor in the event of cession, the absence of sanctions for creditors who fail to comply allows the practice of transferring receivables without debtor notification to persist. As a result, debtors are often exposed to the risks of double payment or being considered in default by the new creditor. This research recommends strengthening regulations concerning the mandatory notification of cession and encouraging the active role of financial authorities in ensuring transparency and protection for debtors. The implications of this study underscore the need for legal reform to establish a fairer and more legally certain system for the transfer of receivables.

LAND DISPUTE BETWEEN MAMAK AND NEPHEW OVER CENTURIES-OLD INHABITED LAND BASED ON JUDGE'S DECISION

Yulidia Yulidia, Amad Sudiro — Fri, 30 May 2025 20:15:46 +0700

Minangkabau society adheres to a matrilineal kinship system, where ancestral land (pusaka tinggi) is inherited collectively by female family members and cannot be transferred outside the lineage. The legal relationship between customary law communities and their land creates inherent rights that ensure communal ownership and usage. However, disputes often arise regarding land ownership and inheritance due to differing interpretations of customary laws. This research aims to analyze the resolution of inherited land disputes within the Minangkabau community, specifically in the Batang Kapas area, based on the court decision in case number 31/Pdt.G/2013/PN.Pin. The study employs normative legal research methods, focusing on statutory, case law, historical, and conceptual approaches. Data is gathered through document analysis of court decisions, legal literature, and Minangkabau customary law principles. The findings indicate that the resolution of customary land disputes heavily relies on historical evidence, family genealogy, and the existence of ancestral graves on the disputed land. The court ruled in favor of the defendants, considering that the land had been occupied for generations by the same lineage, as evidenced by the presence of family burial sites and testimonies from customary leaders. The decision highlights the strong influence of Minangkabau customary law in determining rightful ownership, emphasizing the principle of collective inheritance and the role of traditional leaders in dispute resolution. This study underscores the enduring relevance of customary law in modern legal frameworks and its significance in preserving communal property rights within indigenous communities.

EXPLORING ETHICAL CLEARANCE IN RESEARCH: STUDENTS' PERCEPTIONS

Fri, 30 May 2025 00:00:00 +0700

The need for research that meets the code of ethics increases along with the awareness of researchers to conduct research in accordance with ethical standards. However, awareness of the code of ethics is certainly not possessed by all academics, especially students. This study aims to explore students' perceptions of the code of ethics in conducting research and how perceptions influence students' views on the ethicals. The research method used in this study uses an experimental approach. This study involved 94 research participants in the study. Data analysis used in this study is validity, reality and correlation analysis. This study found that demographic data such as Gender, Semester Level and Research Subjects did not correlate with other variables. While the variable of importance of ethical clearance has a correlation with the impact of ethical violations, protection of research subjects and the responsibility of researchers and institutions.

IMPLICATIONS OF THE 'MARRIAGE IS SCARY' TREND ON TIKTOK ON MUSLIM TEENAGERS' VIEWS ON MARRIAGE

Rizki Zil Ikram Rambe, Iwan — Fri, 30 May 2025 20:44:14 +0700

The growing phenomenon of "Marriage is Scary" on social media, particularly on TikTok, has influenced Muslim teenagers in Medan Johor's views on marriage. The trend highlights fear and ambivalence towards marriage with negative narratives that focus on the burdens and challenges of marriage. This study aims to explore the impact of these trends on Muslim teenagers' perceptions, as well as the relevance of religious understanding and the role of social media in shaping attitudes towards marriage. The method used is juridical sociological with a qualitative approach, collecting data through interviews, questionnaires and observation. The Legal Benefit Theory in this study shows that law can serve as an instrument that not only protects individuals from the impact of misperceptions, but also ensures social welfare in the long run. The results show that this trend has an impact on the decline in teenagers' interest in marriage, the increase in hedonistic behavior and individualism, and the shift in family values. On the other hand, a strong religious understanding can be a protective factor against these negative influences. In conclusion, it is important for families, schools and religious communities to improve media literacy and provide contextualized religious guidance to strengthen the understanding of marriage in Islam as an act of worship that brings blessings, as well as to counterbalance the negative narratives that develop on social media.

EFFECTIVENESS OF LEGAL PROTECTION FOR LAND RIGHTS CERTIFICATE HOLDERS AGAINST UNLAWFUL THIRD-PARTY CLAIMS

Alwi Rany Mohamad, Benny Djaja — Fri, 30 May 2025 21:08:50 +0700

Legal protection for land rights certificate holders is a crucial aspect in realizing legal certainty in the agrarian sector. Land certificates, which are supposed to be the strongest evidence of ownership, still often face challenges in the form of claims from third parties that do not have a legal basis, such as oral inheritance claims, physical possession without certificates, or unrecorded customary recognition. This study aims to analyze the effectiveness of legal protection for land certificate holders in dealing with these claims. The method used is normative juridical with a case study approach, which examines national regulations such as the Law no. 5 of 1960 concerning Basic Agrarian Principles (UUPA) and Government Regulation No. 24 of 1997 concerning Land Registration as well as a number of court decisions, including cases involving unilateral cancellation of certificates. The results of the study show that although legal norms have provided strong protection through the principle of legality and the principle of legal certainty, in practice there are still gaps such as weak integration of land data, administrative inconsistency, and low public legal literacy. In addition, judicial practices are also not completely consistent in deciding land cases. Therefore, legal protection for land certificate holders has not been fully effective. It is necessary to strengthen the administrative system, strict law enforcement against claims without legal basis, and increase public understanding of the importance of formal legality in land transactions and ownership. With this step, it is hoped that Indonesia's land system will be able to provide substantive protection and prevent future agrarian disputes.

PRESIDENTIAL ELECTION 2024: ENSURING COMPLIANCE AND ACCOUNTABILITY THROUGH CRIMINAL LAW ENFORCEMENT IN ELECTRONIC ELECTIONS

Redi Pirmansyah, Junaidi, Martino Merta — Fri, 30 May 2025 21:24:51 +0700

The integration of digital technology into electoral processes marks a significant transformation in modern democracies, including Indonesia. Electronic-based elections have been implemented to improve the efficiency, transparency, and accessibility of the electoral process. However, this shift has also introduced a range of challenges, such as cybercrime, data leaks, misinformation, and legal ambiguities. The 2024 Presidential Election presents a critical opportunity to evaluate the effectiveness of criminal law enforcement in safeguarding the integrity of electronic elections. This research aims to assess how Indonesia’s legal system ensures compliance and accountability in the context of electronic voting. Utilizing a normative juridical approach, the study draws on primary legal materials specifically Law Number 7 of 2017 concerning General Elections and analyzes legal theories, principles, and doctrines relevant to electoral and criminal law. The findings reveal a regulatory gap in the current legal framework, where specific provisions addressing electronic electoral crimes are lacking. Consequently, enforcement efforts rely heavily on general laws such as the Electronic Information and Transactions Law, which are insufficient for addressing the complexity of digital election violations. The study emphasizes the urgent need to revise the Election Law to include detailed criminal provisions related to electronic election offenses, including classifications of violations, enforcement mechanisms, and accountability measures. In addition, the research highlights the positive impact of digital monitoring tools like Siwaslu and Gowaslu, implemented by Bawaslu, in enhancing election. Strengthening these legal and institutional aspects is essential to ensure that the 2024 Presidential Election upholds democratic principles in an increasingly digital landscape.

LEGAL PROTECTION OF MINORITY SHAREHOLDERS INTERESTS IN MERGER ACTIONS

Lidya Puspita, Ariawan Gunadi — Sat, 31 May 2025 00:00:00 +0700

partnership, distinguishing it from other business entities that emphasize personal relationships. This legal framework has made limited liability companies attractive to investors, particularly through strategic actions like mergers, which aim to enhance capital structure, competitiveness, and operational efficiency in a dynamic global economy. However, mergers often raise concerns about the protection of minority shareholders, who face potential marginalization due to the dominance of majority shareholders in decision-making processes. This study evaluates the effectiveness of legal protections for minority shareholders in merger actions under the Company Law, identifies gaps in implementation, and proposes policy recommendations to ensure equitable governance. Employing a normative legal research method, the study analyzes primary legal materials (legislation), secondary materials (scholarly literature), and tertiary sources (legal dictionaries). Findings reveal that while the Company Law provides preventive and repressive protections, such as the right to sell shares at a fair price (Article 62) and mandatory general meeting approvals, practical implementation often fails to address power imbalances. Minority shareholders frequently lack influence, and mechanisms like fair price determination are susceptible to manipulation. The study concludes that stronger oversight, enhanced transparency, and stricter enforcement are essential to safeguard minority shareholders’ rights, ensuring mergers align with principles of fairness and good corporate governance.

LEGAL CONSEQUENCES OF VIOLATION OF THE DISTRIBUTION OF ABSOLUTE RIGHTS OR LEGITIME PORTIE WHICH RESULT IN INHERITANCE DISPUTES

Maria Ibella Vianka, Ariawan Gunadi — Sat, 14 Jun 2025 20:07:52 +0700

A will deed is a legal document expressing the testator's final wishes and has binding legal force if created according to applicable law. In practice, inheritance disputes often arise when the contents of a will violate the heirs’ mandatory portion (legitime portie). Such violations can result in legal harm and lead to lawsuits against the notary as the official deed maker. This study aims to analyze the notary’s legal responsibility and the role of the Notary Supervisory Council in resolving inheritance disputes involving wills that breach legitime portie. The research method is normative juridical with a statutory and case approach. The findings show that a notary is obligated to provide legal counseling and refuse to draft deeds that contradict the law, including provisions on legitime portie under Article 913 of the Indonesian Civil Code. If a notary violates this obligation, they may be held civilly liable and sanctioned administratively by the Supervisory Council. The Notary Supervisory Council is authorized to examine notaries, impose sanctions, and report findings through a tiered system from local to national level. In many cases, this oversight mechanism is crucial in maintaining notarial professionalism and integrity while protecting the rights of disadvantaged heirs. It is concluded that the preventive and repressive role of the Notary Supervisory Council must be strengthened to prevent and resolve inheritance disputes arising from legitime portie violations by notaries.

IMPLICATIONS OF IMPLEMENTING BEHAVIOR CHANGES IN ABUSE OF DOMINANT POSITION BASED ON BUSINESS COMPETITION LAW

Muhammad Fauzan Hanif, Sudaryat Sudaryat, Aam Suryamah — Sat, 31 May 2025 00:00:00 +0700

Abuse of a dominant position is one type of violation that can provide an opportunity to change behavior. The mechanism for providing behavioral change in the abuse of a dominant position has implications for the KPPU, the reported party, and competing business actors. In terms of providing an opportunity to change behavior, the Commission Council considers the type of violation, the time of the violation and the losses caused by the violation. There is no further explanation regarding the criteria for providing an opportunity to change behavior, so legal construction is needed. This research was carried out using a normative juridical approach. Specifications: This research is descriptive analytical in nature, namely the data obtained will be described in this research by providing an overview of legal problems, the legal system and reviewing or analyzing them according to the needs of the research. The results of the research show the implications that arise in providing behavioral changes for violations of abuse of a dominant position which are contrary to the principle of legal certainty. Changes in behavior in the abuse of a dominant position will open up opportunities for the reporter to design abuse strategies in the future with different strategies. Per se approach indicators are needed to perfect the legal construction of providing behavioral changes for abuse of a dominant position. The KPPU can apply an alternative approach by carrying out analysis if the perpetrator abuses a dominant position at the same time committing a violation that meets the elements in another article, behavior change can be rejected.

LEGAL PROTECTION FOR INSURANCE COMPANIES AGAINST ABUSE OF INSURANCE CLAIMS

Dimas Candra, Gunawan Djajaputra — Sat, 31 May 2025 00:00:00 +0700

Uncertainty in human life gives rise to the need for legal and economic protection instruments, one of which is through the insurance mechanism. As a form of risk transfer, insurance provides compensation guarantees for losses due to uncertain events, such as accidents, fires, or death. In the legal framework in Indonesia, the relationship between the insurer and the insured is formed through an agreement (policy) or normative provisions in laws and regulations. However, in practice, this relationship is inseparable from the problem of moral hazard, especially the misuse of claims by the insured who act dishonestly. This phenomenon not only causes economic losses for insurance companies, but also threatens the integrity of the insurance system itself. Therefore, an effective legal protection mechanism is needed for insurance companies to deal with these manipulative practices. This paper examines the forms of legal protection available, both through contractual instruments (internal) and external regulations such as Law Number 40 of 2014 concerning Insurance. With a normative legal approach, this paper aims to provide a deeper understanding of the importance of maintaining a balance of rights and obligations in insurance contracts and the need to strengthen legal aspects in anticipating misuse of claims.

CIVIL LAW ASPECTS OF PROBLEMATIC DELIVERIES BY PT. POS INDONESIA CENTRAL JAKARTA BRANCH: A REVIEW OF LIABILITY AND DISPUTE RESOLUTION MECHANISMS

Reta Indah Kusmaputri, Muthia Sakti — Sat, 31 May 2025 00:00:00 +0700

This study aims to examine the legal responsibilities of PT. Pos Indonesia Central Jakarta Branch in protecting consumers, with a specific focus on cases of lost, damaged, and delayed deliveries. The research adopts a normative legal methodology to analyze customer complaints and return data from 2023, as well as to review relevant legal frameworks under the Consumer Protection Law and the Postal Services Law. Special attention is given to the case of YouTuber Artodipro, whose import of non-nicotine cigarettes in excess of legal limits resulted in customs seizure, highlighting the intersection of postal services and import regulations. The scope of this study encompasses the legal obligations of PT. Pos Indonesia Central Jakarta in handling consumer complaints, the effectiveness of existing complaint resolution mechanisms, and the regulatory environment governing import restrictions for non-nicotine products. The findings reveal that the top five customer complaints relate to shipment information issues, misdelivery, pre-collecting, pickup requests, and item returns. The study concludes that PT. Pos Indonesia Central Jakarta is legally liable for ensuring compliance with delivery agreements and for providing compensation in cases of delay, loss, or damage. However, current complaint resolution processes are underutilized, and there is a lack of regulatory clarity and consumer awareness regarding import restrictions. In conclusion, PT. Pos Indonesia Central Jakarta is recommended to enhance its tracking systems, increase transparency in complaint handling, and streamline return processes. The study also suggests updating importation regulations for non-nicotine products and improving consumer education on customs procedures to strengthen consumer protection and regulatory compliance.

THE ROLE OF THE NOTARY SUPERVISORY COUNCIL IN ADDRESSING CIVIL LAW VIOLATIONS COMMITTED BY NOTARIES

Hans Lukita, Ariawan Gunadi — Sat, 31 May 2025 00:00:00 +0700

The notary profession holds a strategic position in Indonesia’s civil law system due to its authority to produce authentic deeds with full evidentiary value. However, in practice, there are several cases in which notaries have been reported for alleged civil law violations, including drafting deeds that harm certain parties. This situation highlights the need for proportional legal protection and supervision of notaries as public officials. This study aims to analyze the supervisory mechanisms and the preventive role of the Notary Supervisory Council over notaries reported for civil law violations. This research uses a normative juridical method through literature review and case-based analysis. The findings show that notaries can still be held legally accountable if they are negligent or violate procedures in preparing deeds. In some instances, notarial deeds may be downgraded to private deeds or annulled by law. The Notary Supervisory Council plays a role in administering guidance and tiered supervision, including issuing administrative sanctions such as warnings or dismissals. Additionally, the Council serves as legal support to prevent criminalization of notaries who perform their duties professionally. In conclusion, notary supervision must be carried out fairly and proportionally while upholding the integrity of the profession; it is recommended that the Council’s preventive role be strengthened, particularly through legal assistance in civil cases.

REVENGE PORN IN INDONESIAN LAW: AN ANALYSIS OF CRIMINAL LIABILITY AND VICTIM PROTECTION BASED ON THE ELECTRONIC INFORMATION AND TRANSACTIONS LAW AND THE SEXUAL VIOLENCE CRIME LAW

Irfan Syauqi Madani, Hery Firmansyah — Sat, 31 May 2025 00:00:00 +0700

The advancement of information technology has led to new forms of crime, one of which is revenge porn. This crime involves the non-consensual distribution of intimate content, often carried out as retaliation after a failed relationship. Although Indonesian law has addressed this issue, victim protection remains insufficient and fragmented. This research aims to analyze the criminal liability of perpetrators and the legal protection for revenge porn victims in Indonesia under the Electronic Information and Transactions Law and the Sexual Violence Crime Law. The study employs a normative juridical method with a case study approach. Findings indicate that while the Electronic Information and Transactions Law can criminalize perpetrators, it falls short in addressing victims' psychological and social harm. The Sexual Violence Crime Law provides more comprehensive protection, including restitution and recovery services. However, implementation faces challenges such as societal stigma and a lack of gender-sensitive law enforcement. Thus, an integrated approach involving regulation, law enforcement, and public education is crucial to ensure holistic victim protection. In conclusion, the state must strengthen victim-centered legal implementation and consider immaterial impacts, while promoting prevention through legal reform and public awareness.

ANALYSIS OF THE RESPONSIBILITIES OF THE ORGANIZER OF THE ELECTRONIC SYSTEM IN CASE OF DATA BREACH

Anthon Rumbruren, Yohana Watofa — Sat, 31 May 2025 00:00:00 +0700

The cases of data breaches in Indonesia have been increasing over the past few years, raising serious concerns regarding the protection of users' personal data in electronic systems. This research aims to analyze the legal responsibilities of electronic system organizers (PSE) in data breach cases from the perspective of Indonesian law. The analysis focuses on the applicable regulatory framework, forms of responsibility, and the effectiveness of its implementation. This study employs a normative juridical method with a legislative approach and case studies. Primary data is obtained through an analysis of the ITE Law, Government Regulation 71/2019, and regulations related to data protection, while secondary data is collected from significant case studies of data breaches that have occurred in Indonesia. The research findings indicate that the legal responsibilities of PSE in data breaches encompass civil, administrative, and criminal aspects. Although the PDP Law has been enacted, Indonesian regulations remain less comprehensive, particularly concerning mandatory security standards and breach notification mechanisms. Law enforcement faces challenges such as proof difficulties, the complexity of foreign PSE jurisdiction, and limited sanctions. Compared to the EU's GDPR, Indonesian regulations are not as strict and progressive in proactive obligations and strong penalties. The study recommends strengthening regulations with a strict liability principle, establishing minimum security standards, clear notification mechanisms, and refining proportional administrative and criminal sanctions.