Veritas et Justitia
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PENGATURAN PERLINDUNGAN DATA PRIBADI KONSUMEN JASA KEUANGAN DALAM PENGGUNAAN UANG ELEKTRONIK BERBASIS SERVER
Full text linkThe digitalization of the economy in Indonesia in the Covid-19 pandemic situation has further encouraged banks and business actors to make innovations in order to reduce direct contact with consumers of financial services, one of which is the presence of server-based electronic money. Users who use these services are required to fill in their personal data first. With the provision of personal data belonging to consumers of financial services or users, the issuer of server-based electronic money has an obligation to protect users\u27 personal data so that unauthorized dissemination or misuse of data does not occur. The widespread use of server-based electronic money in public activities makes provisions related to the protection of personal data important in order to protect users. However, it is necessary to examine whether the provisions on the protection of personal data of financial service consumers on server-based electronic money have met best practices. To answer these problems, research was conducted using normative juridical methods sourced from library materials. The results of the research obtained are the protection of personal data of consumers of financial services on server-based electronic money has been regulated in regulations that aim to protect users\u27 personal data. The regulation has adopted the principles of personal data regulation as well as the General Data Protection Regulation (GDPR) and the existing laws and regulations in Indonesia. These regulations play a role in protecting the rights of users regarding their personal data such as the right to assimilate or withdraw the consent that has been given previously
PERLINDUNGAN KONSUMEN PANGAN REKAYASA GENETIKA: RASIONALITAS DAN PROSPEK
Full text linkAs a general observation we can say that there exists imbalance of power between producers and consumers of genetically engineered food. This paper, using a doctrinal legal approach, examines three issues: 1) the rationality of protecting consumers of genetically engineered food, 2) the rights of consumers of genetically engineered food, and 3) the effectiveness of consumer protection for genetically engineered food. Arguably, the same situation exists between producers and consumers of genetically engineered food. Disparities and power imbalance relating to knowledge, capital – or simply power – determines the answer to those questions above
AKIBAT HUKUM AKUISISI PERUSAHAAN TERHADAP LISENSI MEREK
Full text linkThis study aims to obtain information regarding the legal consequences in the event of an Acquisition of ownership of rights to a Mark and to determine the legal protection of the Brand Licensee against cancellation by the Acquirer. The type of legal research used is normative using qualitative analysis techniques. The results of the study show that the company\u27s acquisition does not have a legal effect on the transfer of ownership of the rights to the Mark because the meaning of the Acquisition contained in the Company Law is the Acquisition of Shares, so that the Acquired party remains the owner of the rights to the Mark. Whereas in Asset Acquisition if the Acquired company transfers the Assets including ownership of the rights to the Mark to the Acquirer, there will be a change in the parties in the Mark Licensing agreement, resulting in legal consequences for the fulfillment of achievements or royalty payments. In the event of the cancellation of the Mark License Agreement by the Acquirer, the Mark Licensee shall receive protection under the Law of the Agreement by filing a breach of contract according to Article 1243 of the Civil Code because Law of Mark and geographical indication only protects the Licensee against the deletion of the registered mark but the Licensee must agree in writing unless agreed otherwise
RE-EVALUASI PENDIRIAN BANK DIGITAL DI INDONESIA: PARADIGMA, KONSEP DAN REGULASI
Full text linkThe Financial Services Authority, anticipating the movement towards digital (bank 5.0), issued Regulation no. 12/POJK.03/2021 concerning Commercial Banks. However, its coverage is limited. It covers only rules on how to establish and manage digital branches of existing banks. Not yet available are special arrangements for the establishment of digital commercial banks or neo-banks. This paper discusses the possibility of establishing digital banks in Indonesia. By perusing the prevailing laws and regulations, and re-evaluate what exist, the author reached the conclusion that the Bank Law should be changed to accommodate this new trend. The prevailing OJK regulation apparently does not suffice as the legal basis for the establishment and operation of digital system of the Bank-Ied model, the Telco-Ied Model or the Hybrid Model, or neo-bank. In addition, adequate arrangements are needed regarding online dispute resolution, and imposition of sanctions
COLLATERAL DAMAGE: PERLINDUNGAN LINGKUNGAN PADA SAAT KONFLIK BERSENJATA DALAM PERSPEKTIF DEEP ECOLOGY
Full text linkInternational humanitarian law that applies in armed conflict tends to prioritize human interests. The emergence of deep ecology manifests as a critique of the anthropocentrism of war which harms the natural environment. This development implies the need for environmental protection and emphasizes responsibility for environmental damage resulting from armed conflict. This article discusses international legal frameworks that offer protection to the environment in times of armed conflict and presents an analysis of legal protection from a deep ecology perspective. This paper is a normative legal research that applies statutory, case, and conceptual approaches. The study\u27s results suggested that several international treaties have adopted international customs in regulating the protection of the environment during armed conflict and forms of responsibility in case a violation occurs. However, those international legal instruments have yet to be optimal in protecting the environment regarding damage standards, coverage of environmental conditions, and the implementation of responsibility for violations
TIGA FASE NISBAH HUKUM GEREJA DENGAN HUKUM SIPIL
Full text linkThis paper discusses the changing relationship between canonic law and state (civil) law in history. In general, we can discern three stages: domination, confrontation-conflic and lastly harmony. The stages are marked by theories or principles describing or justifying the current situation. Pope Gelasius, for instance, forward the double sword principle. With the advent of nation-states and emerging scientific approach to reality, we enter the confrontation stage between Church Law and positive secular laws made by nations states. The third stage is marked by the 2nd Vatican Council, putting forward two important principles, i.e., salus animarum suprema lex and salus populi suprema lex, determining the relationship between Church law and secular laws
PROTOKOL KESEHATAN DAN GENEALOGI HUKUM DI MASA PANDEMI COVID-19
Full text linkThis article encapsulates the dialectics between law and science in the time of Covid-19 pandemic. It attempts to appraise the objectivity and normativity of the Health Protocol by rendering both legal and scientific characteristics. As a legal construct, the Protocol is genealogically justified from three discursive aspects of: its position between law and science, its reflection on matter and the materiality of law, and the immanent power within it. A close scrutiny towards the Protocol enables us to grasp legal objectivity and normativity not to be seen as a traditional one-way linear trajectory. In lieu, the force of law derives from plural-micro processes insisting a democratic process of knowledge in it
URGENSI PENGATURAN HUKUM CENTRAL BANK DIGITAL CURRENCY DALAM DIMENSI ANTI PENCUCIAN UANG
Full text linkThe issue of digitalized forms of payment systems has required adjustment from a State to accomodate and respond. One of the issues is concerning the use of virtual currencies, and Central Bank Digital Currency. It requires the accomodative and responsive of the law instruments in Indonesia to arrange that issue. The payment systems’ policy in Indonesia has not placed any issues of crypto/digital currency as one of the payment methods. Central Bank Digital Currency is a the digital form of fiat money. Through the Bank Indonesia Regulation Number 18/40/PBI/2016 concerning Operation of Payments Transaction Processing, and Bank Indonesia Regulation Number 19/12/PBI/2017 concerning the Implementation of Financial Technology, it can be understood that Indonesia remain bans the use of any virtual currency as payment instruments. Central Bank Digital Currency has different form of virtual currencies which are not issued by the state, but it is remain called as virtual currencies. In fact, the use of virtual currencies has been exploited by money launderer to do laundering. Virtual currencies has no underlying asset or responsible authority or administrator, volatile, risky, and speculative. This article is a normative legal research method that will analyzed the direction in which Indonesian Law can headed Central Bank Digital Currency while the option has become more less for not response it. The result of this research has showed that it is urgently need for Bank Indonesia (as a central bank in Indonesia) to recognise Central Bank Digital Currency as payment’s instrument
OMNIBUS LAW: DOMINASI KEKUASAAN EKSEKUTIF DALAM PEMBENTUKAN LEGISLASI
Full text linkPresident Joko Widodo on November 2, 2020 signed Law No. 11 of 2020 concerning Job Creation, which is known to the public as the omnibus law. The omnibus law is a simplification mechanism for 79 (seventy nine) laws aimed at encouraging investment and job creation. Various aspirations and objections from the public, in terms of substance and formality were not taken seriously by the government and parliament, instead there were arrests, detentions and suggested a judicial review at the Constitutional Court. The presence of the omnibus law will increase regulatory obesity because it imposes a delegation of 450 (four hundred and fifty) arrangements and further emphasizes the dominance of executive power. The research method used is qualitative with descriptive presentation. Primary legal materials are collected through inquiries from members of parliament and academics/experts, while secondary legal materials are based on reports, journals, books and regulations. This research concludes that: (a) the acceleration of the discussion of the Job Creation Law is influenced by the power of the President as the leader of the coalition whose membership reaches 74% in parliament; (b) the formation process is still problematic in the formal aspect, especially with the lack of public participation and transparency, but the omnibus law has become a new tradition in the formation of the state administration system; and (c) the Job Creation Law becomes an indicator of the domination and integralism of executive power and a reduction in legislative authority in drafting laws
PROGRAM ARTEMIS: TANTANGAN HUKUM RUANG ANGKASA DI ERA BARU
Full text linkArtemis program has mainly focused on space exploration and exploitation of the Moon and other celestial bodies. United States government as initiator is inviting government and non-government entities to involved in the Artemis program through Artemis Accords. Furthermore, this program will challenge Corpus Juris Spatialis as existing law. It could not properly answer the future problems because this law has begun obsolete after 50 years since it was composed. However, Corpus Juris Spatialis was too geocentric, using Earth as the primary benchmark of space activities. Because of that, it has lacunæ on mineral exploitation, space environment, and properties issues. Based on those facts, there must be a new regulation along with planetary sustainability approach and with space-centric character on which covered all future questions comprehensively. Furthermore, this article will examine the Artemis program using a comparative method between the U.S. and Luxembourg national legislation with Corpus Juris Spatialis as existing international space law. The author will propose a space-centric concept as a new approach to preserve outer space as the common heritage of mankind and reducing space environmental damage from such activities