Jurnal Online Universitas Pekalongan
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Phishing and Personal Data Protection: A Review of Cyber Law in the Digital Age
Get PDFThe development of digital technology has brought significant advancements but has also increased the risk of cybercrime, one of which is phishing. Phishing is a form of cybercrime aimed at stealing personal data by deceiving victims into providing sensitive information, such as passwords, credit card numbers, or other identity data. This crime poses a serious threat to information security and individual privacy, especially in digital transactions. This study aims to analyze phishing modus operandi, evaluate legal regulations governing personal data protection, and assess the effectiveness of legal protection for phishing victims in Indonesia. The research method used is normative juridical with a statutory approach. This study finds that phishing is a serious threat to individual and organizational security in Indonesia, with modus operandi involving fake messages, impersonation of trusted institutions, and counterfeit websites to steal personal information. Cyber law regulations, including the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and the Personal Data Protection Law (UU PDP), have established provisions for personal data protection and sanctions for phishing perpetrators. However, implementation faces challenges. Weak law enforcement, lack of investigative expertise, low digital literacy among the public, and limited infrastructure and human resources are the main obstacles in addressing this crime. Additionally, rapid technological advancements create new security vulnerabilities that existing regulations have not fully anticipatedThe development of digital technology has brought significant advancements but has also increased the risk of cybercrime, one of which is phishing. Phishing is a form of cybercrime aimed at stealing personal data by deceiving victims into providing sensitive information, such as passwords, credit card numbers, or other identity data. This crime poses a serious threat to information security and individual privacy, especially in digital transactions. This study aims to analyze phishing modus operandi, evaluate legal regulations governing personal data protection, and assess the effectiveness of legal protection for phishing victims in Indonesia. The research method used is normative juridical with a statutory approach. This study finds that phishing is a serious threat to individual and organizational security in Indonesia, with modus operandi involving fake messages, impersonation of trusted institutions, and counterfeit websites to steal personal information. Cyber law regulations, including the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and the Personal Data Protection Law (UU PDP), have established provisions for personal data protection and sanctions for phishing perpetrators. However, implementation faces challenges. Weak law enforcement, lack of investigative expertise, low digital literacy among the public, and limited infrastructure and human resources are the main obstacles in addressing this crime. Additionally, rapid technological advancements create new security vulnerabilities that existing regulations have not fully anticipate
The Harmony of Space and Culture Environmental Policy: Accommodate The Rights of Indigenous Communities in Central Kalimantan Case
Get PDFEnvironmental policies in Central Kalimantan often clash with the rights of indigenous communities, especially the Dayak, who have a resource management system based on local wisdom, while the expansion of plantation, mining, and infrastructure industries threatens their ecological sustainability and cultural existence. Therefore, more inclusive regulations are needed to protect the rights of indigenous communities and their ecosystems. The aim of this research is to analyze how environmental policies in Central Kalimantan accommodate the rights of indigenous communities in land and natural resource management and to understand the interaction between these policies and indigenous rights. This research uses a normative-empirical legal method with regulatory, conceptual, and sociological approaches to analyze regulations, the concept of indigenous rights, and the impact of environmental policies in Central Kalimantan, through literature study and interviews, which are then analyzed qualitatively. The research results show that environmental policies in Central Kalimantan still face challenges in accommodating the rights of indigenous communities, primarily due to slow regulatory implementation and frequent conflicts with industrial interests and infrastructure projects. Although there are environmental protection efforts such as plantation permit moratoriums and peatland ecosystem protection, their implementation often does not actively involve indigenous communities, resulting in ongoing land conflicts due to concessions granted without adequate consultation. The imbalance of interests in land management is also seen in the dominance of conservation policies and natural resource exploitation over the recognition of indigenous rights, exacerbated by weak legal recognition of customary land rights and the slow implementation of the Constitutional Court Decision No. 35/PUU-X/201
Justice in Proportional Inheritance Distribution Based on Contemporary Perspective
Get PDFThis research focuses on the application of a sense of justice in the distribution of inheritance according to contemporary Fiqh Mawaris and compares it with Islamic inheritance law and analyzes the judge\u27s considerations in related cases. This research uses normative juridical methods with a literature approach (statute approach), comparative analysis, concept analysis and case analysis. The results of this research conclude that the sense of justice that develops in society must be taken into account when determining the distribution of inheritance. The concept of dividing inheritance property 2:1 as regulated in the Compilation of Islamic Law and referring to the arguments of the Al-Qur\u27an is a proportional distribution, but in certain conditions it is also not an absolute basis without considering the current conditions of society. Where currently it is not uncommon for women to take on the role of men in certain conditions, so that in terms of inheritance the division between men and women with the 1:1 concept can be considered to fulfill a sense of justice and can be said to be a proportional distribution as wellThis research focuses on the application of a sense of justice in the distribution of inheritance according to contemporary Fiqh Mawaris and compares it with Islamic inheritance law and analyzes the judge\u27s considerations in related cases. This research uses normative juridical methods with a literature approach (statute approach), comparative analysis, concept analysis and case analysis. The results of this research conclude that the sense of justice that develops in society must be taken into account when determining the distribution of inheritance. The concept of dividing inheritance property 2:1 as regulated in the Compilation of Islamic Law and referring to the arguments of the Al-Qur\u27an is a proportional distribution, but in certain conditions it is also not an absolute basis without considering the current conditions of society. Where currently it is not uncommon for women to take on the role of men in certain conditions, so that in terms of inheritance the division between men and women with the 1:1 concept can be considered to fulfill a sense of justice and can be said to be a proportional distribution as wel
Land Registration in Indonesia: Between Policy and Legal Certainty
Get PDFLegal certainty of land is an absolute must to maintain the stability of land use in development and to realize legal certainty of land ownership for people who want to deal with the land. Legal certainty as intended in land registration will result in the granting of a land title certificate by the National Land Agency as an institution that organizes state administration to those entitled, and can be relied on by the owner of his property to act as a strong means of proof of a person\u27s land rights. The procedure used to collect data in this study is documentation, namely the guidelines used in the form of notes or quotations, searches for legal literature, books and others related to the identification of problems in this study both offline and online. Analysis of legal materials is carried out using the content analysis method which is carried out by presenting the material of legal events or legal products in detail to facilitate interpretation in the discussion. Article 1 paragraph (1) of PP No. 24 of 1997 states that Land Registration is a series of activities carried out by the government continuously, sustainably and regularly, including the collection, processing, opening and presentation as well as maintenance of physical data and legal data in the form of maps and lists regarding land plots and apartment units, including the provision of proof of rights for land plots that already have rights and ownership rights for apartment units with certain rights that burden them. There is an appeal from the government in the context of implementing land registration, namely that the community should not expect the land registration committee to come to survey community lands that have not been registered and then the lands are registered in order to guarantee legal certainty, but the community may on its own initiative gather people or residents whose land does not yet have a certificate and prepare letters or legal basis for ownership of the land
The Business Crime In The Use of Foreign Labor in Indonesia Perspective of People Smuggling
Get PDFThe purpose of this study is to analyze the legal regulations in Indonesia regarding the use of foreign workers in connection with the criminal offense of human smuggling, as well as to examine the enforcement of the law against business actors who illegally employ foreign workers from the perspective of human smuggling. This research uses a normative legal approach by reviewing legislation, court decisions, and legal doctrines through statutory, case, and conceptual approaches, along with library research techniques and descriptive-analytical qualitative data analysis. The findings indicate that legal regulations in Indonesia concerning the use of foreign workers linked to human smuggling are covered by various laws such as the Manpower Act, the Immigration Act, and the Anti-Trafficking Law (UU TPPO), but remain partial and do not explicitly regulate smuggling in the context of corporations as perpetrators, which hinders legal enforcement. Law enforcement against such business crimes still faces multiple obstacles, such as weak legal frameworks, operational modes disguised as legal recruitment, limited understanding among law enforcement officials regarding transnational crimes, and the suboptimal implementation of corporate criminal liability, resulting in many cases ending only in administrative sanctions such as deportation, without significant deterrent effect
Wali Muhakkam for Muallaf in Muslim Minority Areas: A Juridical Analysis of the Determination of Itsbat Nikah by Religious Courts
Get PDFAn analysis of marriage validation (itsbat nikah) decisions by religious courts concerning the appointment of wali muhakkam for female converts (muallaf) in Muslim minority regions reveals that the process involves complex legal, social, and cultural considerations. These rulings not only focus on the formal legality of the marriage but also take into account the long-term implications for children born of the union and the alignment with the prevailing national legal system. This study aims to describe and analyze judges’ considerations regarding legal facts in the marriage of female converts using wali muhakkam, to explore the legal construction applied by judges in legitimizing the use of wali muhakkam, and to examine the arguments formulated by judges in validating such marriages. This research is categorized as a library study employing a normative juridical method with a statutory approach. Data sources are derived from established legal theories and documented judicial practices. The findings indicate that judges formulate legal arguments based on both Islamic legal principles and national law to validate the marriage of female converts conducted with a wali muhakkam. These rulings reflect the harmonization of religious values and state law, thereby ensuring justice, welfare, and legal certainty for all involved parties
Does Local Wisdom Offer Adequate Protection for MSMEs?
Get PDFThis research explores how local wisdom integrates with formal legal frameworks to offer legal protection for MSMEs in Lhokseumawe, Indonesia. Traditionally, MSME operations in the region have been guided by informal agreements and trust-based relationships, which, while effective in local settings, do not sufficiently address the legal and financial complexities encountered in broader markets. By incorporating formal legal structures alongside Islamic financial principles, such as musharakah (partnership) and mudharabah (profit-sharing), MSMEs benefit from both ethical and legal protection. This hybrid approach allows MSMEs to secure contract enforcement and resolve disputes, while remaining aligned with cultural and legal norms, enabling successful operations in both local and global markets. The study emphasizes the need for educational programs to raise awareness among MSME owners about the benefits of formal legal protections and Islamic financial instruments. These educational efforts are crucial for improving transparency, promoting risk-sharing, and facilitating interest-free financing options for MSMEs. By integrating local wisdom with formal legal frameworks, MSMEs can strengthen their resilience and competitiveness, especially in sectors like manufacturing and construction, where formal contracts play a vital role in protecting business interests. The research concludes with recommendations for further enhancing MSME legal protection through a more cohesive integration of local wisdom and formal legal mechanisms. This integrated approach will help MSMEs improve their competitiveness, access broader opportunities, and ensure long-term sustainability in an increasingly complex economic environment
Participation of Jambi Malay Traditional Institutions in Strengthening Election Integrity Through Efforts to Prevent Money Politics
Get PDFElections in Indonesia are still colored by money politics. Money politics is included as a serious election violation because it is considered to injure or damage democracy. Therefore, repressive and preventive efforts are needed so that money politics can be avoided. This study examines the role of the Jambi Malay Customary Institution in efforts to prevent money politics in elections. This study is interesting, because it is rare to find a customary institution making efforts to prevent money politics in elections. The urgency of this study can be used as a pilot model for money politics prevention efforts for other regions This study is a qualitative research using a socio-legal approach. The data used includes primary data and secondary data. Furthermore, all data is analyzed qualitatively. From the results of this study, it can be concluded that the participation of the Jambi Malay Customary Institution includes conducting political education to the community through various customary meetings, developing the Jambi Customary Law, one of which is socializing the provisions of "prohibition of bribery in customs and sharia", increasing the capacity of human resources of its members, encouraging the community and traditional leaders to play a role as participatory supervisors of elections and receiving reports of violations The politics of money from the citizens of the communit
Dynamics of Fatwa DSN-MUI on Financing Products at Shari’ah Financial Institutions (LKS) from 2010 to 2021
Get PDFSharia Economic Law develops in line with the development of Sharia Economics in Indonesia. This is certainly with the support of various stakeholders who handle it. It is interesting to discuss how DSN-MUI as an authority that issues fatwas related to sharia economics, especially in the field of financing, is able to balance the needs of Sharia Financial Institutions and customers until now the existence of Sharia Financial Institutions is getting better. This study is intended to examine the dynamics of sharia economic fatwas by DSN-MUI using analytical descriptive methods. It was found that DSN-MUI uses various methods and approaches in compiling fatwas that are in line with the needs of Sharia Financial Institutions while still adhering to the principles of Islamic law in the field of economics.Sharia Economic Law develops in line with the development of Sharia Economics in Indonesia. This is certainly with the support of various stakeholders who handle it. It is interesting to discuss how DSN-MUI as an authority that issues fatwas related to sharia economics, especially in the field of financing, is able to balance the needs of Sharia Financial Institutions and customers until now the existence of Sharia Financial Institutions is getting better. This study is intended to examine the dynamics of sharia economic fatwas by DSN-MUI using analytical descriptive methods. It was found that DSN-MUI uses various methods and approaches in compiling fatwas that are in line with the needs of Sharia Financial Institutions while still adhering to the principles of Islamic law in the field of economics
Legal Analysis of Prerogative Rights of Papua Representative Council Members Appointed Under The Special Autonomy Framework to Nominate Governor and Deputy Governor Candidates in Regional Elections
Get PDFThis study aims to analyze, from a legal perspective, the rights of members of the Papua Representative Council (DPRP) appointed under the Special Autonomy framework to nominate candidates for Governor and Deputy Governor in regional elections in Papua Province. This type of research is normative juridical, using a statutory approach. The legal materials used consist of three types: primary legal materials, secondary legal materials, and tertiary legal materials. Primary legal materials include central and regional legislation, particularly the Papua Special Autonomy Law, the Second Amendment to the Papua Special Autonomy Law, and Government Regulation No. 106 of 2021. Secondary legal materials consist of research findings on Special Autonomy that have been published in academic journals. Tertiary legal materials include references such as the Kamus Besar Bahasa Indonesia (KBBI). The findings of this study indicate that (1) Both elected and appointed members of the DPRP hold equal status in terms of duties, authority, and function as representatives of the people at the regional level. However, in terms of the right to nominate candidates for Governor and Deputy Governor in the regional elections within the context of Special Autonomy in Papua Province, appointed DPRP members do not have equal status with elected DPRP members. (2) Although the appointed DPRP members meet the numerical requirements to propose candidates for Governor and Deputy Governor, they are not granted such rights under Law No. 21 of 2001 concerning Special Autonomy for Papua Province, its Second Amendment through Law No. 2 of 2021, or Law No. 1 of 2015 concerning Regional Head Elections