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Legal protection of women’s and children's rights after divorce through the E-MOSI CAPER App
Full text linkIntroduction to the Problem: Women and children are frequently mistreated, particularly when they face legal issues. In divorce situations, for example, they often do not receive the entitlements to which they are entitled, such as mut'ah, iddah, and child support. This situation is due to the existing legal system and policies that do not reflect equality and justice for women and children, particularly in the execution of court orders carrying ex-husbands' obligations to their ex-wives. One of the legal advances in this part is using information and technology (IT) to develop a decision execution system. E-MOSI CAPER is one of the IT-based decision execution instruments that ex-wives can employ to demand that their ex-husbands voluntarily carry out the decision's obligations.Purpose/Objective of the Study: This article attempts to describe and analyze how the E-MOSI CAPER App could assure the preservation of women's and children's rights after divorce.Design/Methodology/Approach: This work adopts a qualitative research technique through normative and empirical juridical approaches, with statutory and conceptual approaches.Findings: According to this study, the E-MOSI CAPER application, one of the IT-based services released by the Bengkulu Religious High Court, is an innovation that could be used as a tool in organizing guarantees for the protection of women's and children's rights. This App can increase the compliance of ex-husbands to perform court decisions, which makes this App part of the legal instrument of the Integrated Execution System.Paper Type: Research Articl
National legal interventions in overcoming underage marriages in indigenous communities
Full text linkIntroduction to The Problem: Marriage is everyone's right. However, the phenomenon that occurs is the practice of underage marriage, this also occurs in the indigenous community of the Orang Laut tribe in Lingga Regency.Purpose/Objective Study: The aim of this research is to analyze the regulation of national law and customary law in dealing with underage marriage in the Orang Laut tribal community and to find a concept of legal harmonization that can resolve the practice of underage marriage.Design/Methodology/Approach: The research method used is empirical juridical. The type of data sourced from primary data is through observation and interviews as well as primary data. The basic theories used are the Theory of Legal Work and the Theory of Development Law.Findings: The results of the research state that there is a regulatory inconsistency between marriage law and child protection law. The marriage law allows for underage marriages by applying for dispensation, while Article 26 of the child protection law strictly stipulates that parents are obliged to prevent child marriages from occurring. And there is a culture of "reciprocation" which is the basis for the Sea People tribe to perpetuate the practice of underage marriage. In fact, marriages are only carried out through traditional ceremonies and according to their respective religions without applying for dispensation to the court. This means that the marriage carried out is only valid according to custom and religion and is not legally valid. Therefore, it is necessary to harmonize the law with an institutional approach in overcoming the phenomenon of underage marriage in the indigenous people of the Orang Laut tribe, Lingga Regency.Paper Type: Research Articl
The establishment of LAPS SJK in the trajectory of history viewed from the politics of Indonesian law
Full text linkIntroduction to the Problem: The history of the formation of the LAPS SJK is based on the importance of consumer protection in the financial services sector. According to the law concerning the role of the Financial Service Authority, the institution is given the authority to facilitate the settlement of complaints from consumers who are harmed by the finance actors. The OJK then issued regulation (POJK) Number 1/POJK.07/2014 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector (LAPS SJK) which was later replaced by regulation Number 61/POJK.07/2020.Purpose/Objective Study: This research examines, how is the history of the LAPS SJK formation and how is the legal politics of the formation.Design/methodology/Approach: This research is normative, using a historical approach. It applies a descriptive method with the secondary data.Findings: The interesting finding is that the establishment of LAPS SJK is to protect consumers in the event of a dispute with the financial actors, so the legal politics regulating the LASP SJK should be an integrated part of the political scheme of consumer protection law. Institutionally, the legal politics of establishing LAPS SJK is motivated by 3 (three) reasons. The initial reason is the establishment of OJK which has a determinant role and function to supervise integrated financial services business activities for the capital market, banking, and non-banking sectors. Another reason is the reality of the advanced development of technology in the global financial services sector, and the last reason is the need of the parties involved in the financial services sector industry; both consumers and finance actors who need an ideal non-court dispute resolution institution.Paper Type: Research Articl
Legal frontiers in the war against money laundering: A doctrinal examination of global approaches
Full text linkIntroduction to the Problem: Black money has a detrimental impact on a nation's macroeconomic and microeconomic, financial system, and international markets. The first idea to surface in the international literature when looking at the historical evolution of black money is money laundering. Criminal organizations employ various tactics to launder illicit funds, aiming to prevent the confiscation of the proceeds of their criminal activities.
Purpose/Objective of Study: This research delves into international perspectives on countering money laundering, a growing concern that poses threats to the security and stability of nations worldwide, and causes economic uncertainty. The study also investigates the progress and regulations surrounding this matter, along with the efforts of international organizations.
Design/Methodology/Approach: The research used doctrinal legal research with employing statutory and conceptual approaches.
Findings: This legal research underscores the importance of countries revisiting their domestic legal frameworks in light of the current scenario. The research stresses the importance of global cooperation between countries in effectively addressing money laundering. It urges nations to establish bilateral agreements to enable a seamless flow of information for this purpose.
Paper Type: Research Articl
The weakness of backdoor listing regulation and its implications to investors’ protection (comparative study between Indonesia and Hong Kong)
Full text linkIntroduction to the Problem: Backdoor listing is an alternative way for private companies to be listed on the stock exchange by taking over public companies and changing the company's business line without an IPO process. Backdoor listing has not been specifically regulated in Indonesia, so it has not optimally protected investors' investment security. However, the practice of backdoor listing is commonly used. In contrast, The Stock Exchange of Hong Kong Limited (SEHK) has recently issued amended regulations related to backdoor listing that aim to accommodate backdoor listing activities.Purpose/Study Objectives: This research aims to determine the regulation of backdoor listing on the Indonesian Capital Market Regulations.Design/Methodology/Approach: This research uses the normative method or doctrinal legal analysis. The study discusses comparative cases that occur in Hong Kong.Findings: This research concludes there is still a fundamental area for improvement in the regulation of backdoor listing in Indonesia. Backdoor listing is not specifically regulated in Indonesia, but those activities were regulated referred in OJK Regulation Number 32/POJK.04/2015 on Capital Increase of Public Companies with Pre-emptive Rights, OJK Regulation Number 74/POJK. 04/2016 on Business Merger or Consolidation of Public Companies, OJK Regulation Number 9/POJK. 04/2018 on Takeovers of Public Companies. However, in practice, those actions are commonly used. Under certain conditions and cases, this weakness may result in weak guarantees of legal protection for investors. In contrast, backdoor listing in Hong Kong has been adequately regulated, including the requirement for listed issuers to disclose information about the reverse takeover must at an early stage and the requirement for shareholders’ approval.Paper Type: Research Articl
Legal protection for personal data security and muzakki financial transactions on digital zakat platform
Full text linkIntroduction to the Problem: The implementation of digital zakat has become a popular trend for zakat practices in Indonesia, allowing the muzakki to make their payments swiftly and easily online. However, there are several challenges faced in the adoption of digital zakat in Indonesia, including concerns on the security of personal data and financial transactions. The potentials for hacking or misuse of muzakki's personal data may hinder the development of digital zakat.Purpose/Study Objective: This paper examines the legal protection of the personal data of zakat payers who use digital platforms as the means for distributing their zakat.Design/Methodology/Approach: The method used in this study is qualitative through normative legal research. The data obtained is analyzed with conceptual approach to formulate specific regulations governing digital zakat platform in detail.Findings: The existence of digital zakat is considered a technological innovation that has increased the accessibility of zakat for the people, thereby improving the welfare of those underprivileged. However, confusion and uncertainty regarding the rules and procedures of digital zakat remain in Indonesia. Digitising zakat brings along its own risks and challenges, including the potential for the misuse of funds, data security issues, and the lack of monitoring and accountability. To ensure the appropriate use of zakat funds in accordance with Islamic law and the relevant regulations, both the zakat institutions and the government must strengthen their supervisory and control over the collection and distribution of zakat through digital platforms. Additionally, it is important to note that not all levels of society in Indonesia have access to digital technology. A significant portion of the population, particularly those in remote areas, may not be able to fully participate in digital zakat practices due to lack of internet access or other necessary equipment.Paper Type: Research Articl
Preventing AI-based phishing crimes across national borders through the reconstruction of personal data protection laws
Full text linkIntroduction to The Problem: This study focuses on a new form of cybercrime due to advancing technology: AI-based phishing crimes. These crimes involve using artificial intelligence to misuse personal data on digital platforms or applications. Such illicit activities have significant implications and require attention. One significant threat in this context is the rise in AI-based phishing crimes, where attackers use sophisticated AI algorithms to deceive individuals and gain access to their data and information. Establishing solid and comprehensive personal data protection laws is critical to combating AI-based phishing crimes and protecting individuals across national borders.
Purpose/Study Objectives: The study's object is cross-border AI-based phishing crimes, a new form of cybercrime due to technological advances. This study aims to analyze the concept of personal data protection in Law Number 27 of 2022 from the perspective of substantive justice and the prevention of AI-based phishing crimes.
Design/Methodology/Approach: The author has conducted normative legal research or literature review with a meticulous approach to the principles of criminal law, a comprehensive comparative study of cybercrime law, and an in-depth exploration of the legal history of personal data protection law. Technical analysis, in the form of content analysis, is a series of methods that rigorously analyze the content of all forms of communication, categorizing them into matters related to AI-based cyber phishing, personal data protection regulations, information regulations, and technology.
Findings: Law Number 27 of 2022 on Personal Data Protection can prevent phishing crimes through AI by implementing PDP principles adopted from international PDP principles. This can be done by referring to the OECD Guidelines Governing Privacy Protection and Cross-Border Flow of Personal Data and the data protection regulations in Indonesia.
Paper Type: Research Articl
Revitalization of Indonesian criminal law through the acknowledgment of living law: An investigation of the Sigajang Laleng Lipa’ customary law
Full text linkIntroduction to the Problem: The research article examines the Sigajang Laleng Lipa’ tradition in South Sulawesi’s Bugis community as a "living law" under Indonesia's new criminal code, specifically Article 2. The tradition’s violent nature, often leading to fatal outcomes, may conflict with principles in the updated code.
Purpose/Study Objectives: The primary objective of this study is to conduct an analysis of criminal law regulations in Indonesia regarding the Sigajang Laleng Lipa’ tradition and assess its alignment with Article 2 of the new Indonesian Criminal Code. The study aims to understand whether this traditional conflict resolution mechanism meets the legal standards set out in the new code, especially concerning the concept of living law.
Design/Methodology/Approach: This research employs a normative juridical method with a statutory and conceptual approach to legal recognition in Indonesian criminal law. Secondary data, gathered through literature sources like books and journals, facilitates an in-depth examination of the Sigajang Laleng Lipa’ tradition and the Indonesian criminal code. The doctrine of proportionality guides this study, emphasizing that punishment should match the crime to ensure justice and prevent excessive penalties.
Findings: The findings reveal that the Sigajang Laleng Lipa’ tradition, despite its historical and cultural significance in the Bugis community, involves violent practices that have led to fatal consequences. Moreover, it is observed that this tradition does not fulfil the criteria set forth in Article 2, Paragraph (2) of the new Criminal Code. This mismatch highlights a significant challenge in incorporating living law traditions into the modern legal framework of Indonesia. Due to its inconsistency with philosophical, juridical, and sociological principles, the tradition cannot be sustained. Consequently, its use as a punitive measure is unjustifiable, as it does not effectively achieve criminal justice objectives and provides minimal social benefit, lacking contribution to crime prevention efforts.
Paper Type: Research Articl
Balancing human rights and cybersecurity: Analyzing Indonesia’s legal framework
Full text linkIntroduction to the Problem: Indonesia has been continuously developing its legal framework regarding many aspects of digital spaces, including cybersecurity, in the quest of maximizing the potentials of Industry 4.0. However, this rapid development of legal framework must be analyzed thoroughly to make sure that it’s in line with the principles of human rights.
Purpose/Study Objectives: Drawing from international standards of human rights, this research focuses on analyzing the cybersecurity legal framework in Indonesia, and how the laws and regulations related to it fare against international standards of human rights.
Design/Methodology/Approach: Using the normative legal research method, this research analyzes secondary data in the form of primary Indonesian and international law sources to evaluate the protection of human rights in the midst of this legal development.
Findings: Findings of this research show that the legal framework in Indonesia does leave many rooms for potential human rights abuse, with normative loopholes and underestimation of potential issues regarding the denial of human rights, within digital spaces.
Paper Type: Research Articl
Protection of patient data privacy on IoT devices for healthcare in the era of smart cities: a health law perspective
Full text linkIntroduction to the Problem: The Internet of Things (IoT) has enabled the use of medical devices in the healthcare sector while presenting challenges in regard to the security and privacy of patients’ medical data. This article conducts a systematic literature review to evaluate the existing regulations related to the security and privacy of the patient’s medical data in real-time data collection through IoT in the context of a Smart City.Purpose/Study Objectives: This study aims to identify gaps in the existing regulations, analyze the implementation of these regulations in practice, and evaluate the impact of IoT technology on the privacy and security rights of patients’ medical information in the healthcare sector.Design/Methodology/Approach: The research employed a systematic literature review, by analyzing relevant articles, legal documents, and regulations. Data were examined from a case study of the implementation of IoT devices for healthcare in Smart Cities as well as interviews with legal experts in the field of healthcare services.Findings: The existence of the Electronic Information and Transaction Law, Personal Data Protection Law, and the latest Health Law provides the initial regulatory foundation for ensuring the security of personal data in the integrated governance of Smart Cities, especially in telemedicine services. Implementing regulations for these laws are necessary to technically accommodate the needs for the security of the patients’ data, ensuring that there is no imbalance between the provisions of the laws that are enacted and their implementation in the community.Paper Type: Research Articl