Jurnal Hukum
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Legal Safeguards for Victims of Data Dissemination Crimes and Cybercrime Protection
Get PDFIn the digital age, legal protections for personal data are insufficient, leaving individuals vulnerable to financial losses from data theft and criminal dissemination of personal information. This research focuses on assessing the effectiveness of existing regulations, such as Law Number 27 of 2022 Concerning Personal Data Protection. Employing an empirical juridical approach for field research and a conceptual approach for theoretical analysis. The analysis underscores that personal data, crucial for identification, is a frequent target for malevolent actors seeking financial gain, leading to profound consequences for victims. Incidents of personal data theft, often orchestrated by fraudsters, extend beyond financial losses, compromising personal information available for purchase on clandestine online platforms like the dark web. Despite existing regulations, the research identifies a significant gap in providing clear guidelines for safeguarding individuals in the digital era. The study concludes that the current legal framework, while foundational, requires a more comprehensive focus on the Personal Data Protection Law due to inherent weaknesses. This research contributes valuable insights into the evolving legal landscape surrounding personal data crimes in Indonesia, ensuring a comprehensive understanding of legal protections for victims amidst technological advancements
Economic Opportunities of Offshore Banking and Regulatory Responses to Money Laundering Risks: A Comparative Study
Get PDFOffshore banking offers significant opportunities for foreign investment and economic growth in developing countries, particularly for free trade zones and industrial sectors. However, it also presents potential risks related to money laundering if Anti-Money Laundering (AML) regulatory frameworks are not properly established or reinforced. This research aims to explore the potential economic benefits of developing comprehensive regulatory frameworks for offshore banking in Indonesia, while also mitigating the risks of money laundering and financial crime. To achieve this, the research adopts a qualitative approach, utilizing a comparative method to analyze the offshore banking regulations of Malaysia, Bangladesh, and Indonesia. The findings reveal that Malaysia has been utilizing offshore banking since 1990 in Labuan, while Bangladesh is currently enacting the Offshore Banking Act (OBA) 2024. Indonesia’s AML framework, under Law No. 8 of 2010, has made progress, but challenges remain in its implementation, especially concerning offshore banking. The research highlights that while Malaysia and Bangladesh have established frameworks to regulate offshore banking, Indonesia still faces regulatory gaps, particularly in managing the risks of offshore financial activities. The implication is that while offshore banking holds potential, its regulation must be reinforced to prevent its use in money laundering activities, including through international cooperation
Blasphemy Laws and Their Implications for Religious Freedom and Expression: A Tri-Country Southeast Asian Perspective
Get PDFBlasphemy laws, while deemed important by some in protecting religious beliefs and practices, can have implication of conflicts with human rights. Utilizing comparative legal research method, this research aims to analyze how blasphemy laws in Indonesia and Thailand affect freedom of expression and religion. Findings of this study highlight the interplay between blasphemy laws, freedom of expression, and freedom of religion. This study also highlights the existing legal norms within relevant positive laws in Indonesia, Thailand, and Vietnam, that have implication of conflicts with freedom of expression and freedom of religion. Indonesia presents the most complex conflict between these human rights, while Thailand, despite offering greater freedom of expression, normatively falls short in religious freedom due to its preferential treatment of Buddhism and its clergy. Vietnam has the least implication of conflicts, as it only governs the prohibition against profaning a religion, which is significantly different than what constitutes as blasphemy, and allowing little to no room for multi interpretation
The Position and Role of the Sharia Supervisory Board in Ensuring Sharia Compliance Equity Crowdfunding in Indonesia
Get PDFFundraising using the equity crowdfunding method has experienced rapid development and is in high demand from the public. In order to maintain the credibility of the implementation of Islamic securities crowdfunding, it is essential to establish a sharia supervisory board to supervise the offering of sharia-compliant securities employing information technology-driven crowdfunding service platforms. This article aims to discuss and analyze the position and role of the sharia supervisory board within the system, as well as the level of compliance with sharia principles in the implementation of equity crowdfunding in Indonesia. The research method used in this article is a type of normative legal research that relies on secondary data sources obtained through a literature review. The legal protection for the existence of a sharia supervisory board in sharia equity crowdfunding in Indonesia is regulated in POJK Number 57/POJK.04/2020 and Fatwa Number 140/DSN-MUI/VIII/2021. The sharia supervisory board has a very strategic role in ensuring sharia compliance in every equity crowdfunding activity in Indonesia. In order to maintain the credibility of sharia equity crowdfunding in the future, it is essential to ensure that every aspect of operations complies with sharia principles by maximizing the existence of a sharia supervisory board
The Injustice of Criminal Guidelines in the Act of Corruption Crime
No full textCorruption is an extraordinary crime that can damage the joints of the life of the nation and state. Corruption can cause various negative impacts, such as: reducing state revenues from the tax sector, reducing government spending in the education sector, resulting in low-quality infrastructure being built, slowing economic growth, causing government instability. The aims of this study is to find out about the injustice in the regulation of criminal guidelines for corruption crimes which makes the enforcement of corruption laws less strict in their punishment. The research method used normative juridical. The results of the study state that the Criminal Guidelines for Articles 2 and 3 of the Corruption Eradication Law in order to better cover other articles of corruption crimes and must change the criminal guidelines for very large losses must consider implementing maximum punishment in accordance with the criminal guidelines, the novelty produced for the criminal guidelines for corruption crimes must be regulated regarding the highest loss value must be adjusted to the heaviest punishment in accordance with the criminal guidelines in the Criminal Code
Legal Policy Against People Smuggling as a Crime of Trafficking in Persons with a Transnational Dimension
Get PDFThis research investigates Indonesia’s legal framework for addressing human smuggling, focusing on the integration of penal policies targeting its root causes and evaluating the impact of international collaborations in law enforcement. Despite existing literature on human smuggling, critical gaps remain, particularly in understanding the role of criminal policy as part of social policy and the practical effects of international cooperation. The study aims to answer two primary questions: the role of criminal policy in addressing human smuggling crimes in Indonesia and the non-penal policies Indonesia has implemented to combat human smuggling. This research adopts a normative legal methodology, analyzing Indonesia’s Criminal Code, the Eradication of Trafficking in Persons Law, the Suppression of Migrant Smuggling Law, and relevant international frameworks like the Bali Process. The study reveals that an effective approach to combating human smuggling requires a balance of penal and non-penal measures, strong adherence to territorial sovereignty, and enhanced international cooperation. It finds that while penal policies act as deterrents, non-penal strategies, such as victim protection and public awareness campaigns, are equally crucial. Additionally, the study highlights the importance of regional and international collaborations in strengthening law enforcement, emphasizing the need for specialized legal framework to address human smuggling
The Legal Security in Electronic Transactions to Protect Freedom of Speech: The Concept of Forming Legislation on Electronic Transactions
Get PDFThe main objective of this study is to conduct a comprehensive study of the rules in criminalization which is one of the last alternatives in the law enforcement process. The Law on the Formation of Legislation in Indonesia provides Limitations of norms for violations of each legal norm formed does not violate human rights. The method used in this study was a sociological legal approach. The results of the study indicate that the norms contained in the Electronic Transaction Law in Indonesia should be a tool for law enforcers to carry out social engineering which is not a means to legalize the interests of power in Indonesia. This finding highlights the need to change the law as a constructive social engineering tool, and not as a mechanism to serve personal interests. Strengthening general provisions and clarifying norms is essential to prevent and prioritize the protection of freedoms interpreted as fundamental human rights. This study underlines the importance of aligning law enforcement with democratic values in the digital era
The Utilization of Access Management to Digital Collections: Requirements & Challenges by Law
Get PDFThe spirit of Article 4 of Law No. 43 of 2007 is regulated by Article 5 paragraph (3) of Law No. 3 of 2017 is concerning to increase users interest in reading by converting printed books into electronic books. However, this breakthrough also brings new legal issues, namely the potential for reduced economic rights of creators or copyright holders of printed books as well as the decentralization of authority to convert printed books into physical books by libraries even though these requirements have been regulated by Article 27 of Law No. 28 of 2014 concerning Copyright; there is still room for illegal duplication and even piracy. There are two methods used in this research. The statutory approach is used to review statutory regulations primarily and the conceptual approach is used to support the narrative text presentation with relevant scientific literature. The results of this research indicate a need for special regulations regarding the conversion of printed books into electronic books by libraries by paying attention to the Economic Rights of the Creator or Copyright Holder of printed books. In addition, conversions must be carried out under the supervision of the relevant institutions and submitted centrally to the National Library to ensure standard procedures and conversion quality, and reformulation of previous regulations is necessary
The Settlement Model of Non-Performing Financing Which is More Effective and Legal Justice in Sharia Financing Companies
Get PDFPost-pandemic COVID-19 still leaves Non-Performing Financing (NPF), especially financing with fiduciary guarantees in Sharia finance companies. The Otoritas Jasa Keuangan's Relaxation Policy, which ended in April 2023, has not been effective and has fulfilled a sense of justice for debtors. This research discusses the causes of the ineffective implementation of the Relaxation policy in Sharia Financing Companies so that there is still NPF post the Covid-19 pandemic. Furthermore, it discusses the settlement model of NPF as an offer so that is more effective and fulfils a sense of justice for the parties. This empirical juridical research uses a qualitative approach in collaboration with statutory and conceptual approaches. The research locations were nineteen financing companies in Pekalongan ex-Residency with fiduciary financing objects. Data collection uses focus group discussions, interviews and document studies. The results show that inconsistent norms, negative legal culture, misperceptions of restructuring diction as the write-off of debt and the debtor's objection in the settlement of NPF are the causes of the ineffective implementation of the Relaxation policy. The settlement of NPF should be carried out based on sharia principles, the principle of prudence and good faith which prioritizes the needs of the debtor. Determining the rescheduling period should be carried out using a tri-semester tiered model so that effectivity, justice and benefits (reciprocal benefits) will be realized between the two parties
The Analysis of Authority Abuse that Results in State Financial Loss in the State Administrative Law & Islamic Law Framework
Get PDFImplementation of duties and functions for the Government is a constitutional obligation. So that every task carried out must be based on the norms stated in the constitution. Holding a position as a leader means there is a mandate that must be held accountable. The aim of this research to analyze state financial losses resulting from authority abuse within the legal framework of state administration from a positive legal perspective in Indonesia and an Islamic legal perspective. The type of research used was normative juridical. Authority abuse is basically an act against the law (the concept of a criminal act) accompanied by mens rea (malicious intent). The emergence of losses to state finances in the legal aspect of state administration requires the restoration of state finances and redressing the causes of state financial losses. So in state administrative law, the aspect of improving the system is a very important thing to do. In Islam, position means power which has implications for the lives of society as a whole, office holders are God's representatives in the human world because the only one who has true power is God. In Islamic criminal law, authority abuse is an act that approaches the crime of corruption