Journal & Issues
- Journal Details
- Format
- Journal
- eISSN
- 2620-9837
- Published
- 07/04/2026
- Languages
- English
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Open Access
TANGGUNG JAWAB PIHAK KETIGA TERHADAP PERLINDUNGAN DATA NASABAH ASURANSI ALLIANZ MENURUT UU PERLINDUNGAN DATA PRIBADI
Abstract
Advances in digital technology in the insurance industry have triggered an increase in the processing of customers' personal data, which on the other hand also poses a potential risk of data leaks. This study seeks to examine the forms of protection for PT Asuransi Allianz Life customer data based on Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), as well as reviewing legal responsibility for incidents of personal data leaks involving individuals and business entities. The methods applied are normative legal research with a legislative approach and case studies. The study findings indicate that PT Asuransi Allianz Life has implemented legal protection through a privacy notice on the official Allianz website, which contains its designation as a data controller, the determination of data purposes and processing, and information security in accordance with the provisions of the PDP Law. However, the data breach experienced by Dara Arafah indicates that this protection is not yet fully effective, especially in terms of supervision of third parties. In conclusion, normatively, PT Asuransi Allianz Life has complied with applicable regulations, but the reality on the ground is not yet fully compliant. This study confirms that legal responsibility for data leaks is not only borne by the individual perpetrator but can also be imposed on corporations in the form of criminal, administrative, or civil sanctions if they are proven to be involved. In addition, POJK Number 6/POJK.07/2022 further strengthens legal protection in the financial services sector.
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Open Access
KEWENANGAN MAHKAMAH KONSTITUSI DALAM PENYELESAIAN SENGKETA HASIL PILKADA PASCA PUTUSAN NOMOR 85/PUU-XX/2022
Abstract
Constitutional Court Decision Number 85/PUU-XX/2022 reaffirmed the Constitutional Court's (MK) authority to examine and resolve disputes over regional head election (Pilkada) results, despite the absence of a special election court. This decision sparked debate regarding the limits of the Constitutional Court's authority and its implications for the principles of separation of powers and legal certainty. This study aims to analyze the construction of the Constitutional Court's authority following Decision Number 85/PUU-XX/2022 and its implications for the Pilkada dispute resolution system in Indonesia. The research method used is normative legal research with a statutory approach, a case approach, and a conceptual approach. The results show that Decision Number 85/PUU-XX/2022 strengthens the Constitutional Court's role as guardian of the constitution, but also demonstrates a tendency to expand its authority, potentially giving rise to problems of legal certainty and the risk of judicial overreach. The novelty of this research lies in its critical analysis of the shifting role of the Constitutional Court in the post-2022 Pilkada regime and its proposed strengthening of the institutional design for a more constitutional Pilkada dispute resolution..
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Open Access
ANALISIS YURIDIS PENYALAHGUNAAN TRANSFER PRICING SEBAGAI SARANA PENGHINDARAN PAJAK DI INDONESIA
Abstract
This study examines the legal regulation of transfer pricing in Indonesia and its implications for tax avoidance practices by multinational enterprises. Transfer pricing is essentially a legitimate and necessary business mechanism for allocating costs and profits within a multinational group; however, in practice it is highly susceptible to abuse through profit shifting and base erosion. This research focuses on a normative legal analysis of Article 18 of the Indonesian Income Tax Law and Ministry of Finance Regulation No. 172/PMK.03/2023 as the latest umbrella regulation that consolidates Indonesia’s transfer pricing framework and aligns it with the OECD Transfer Pricing Guidelines. Using a statute and conceptual approach, the study analyzes the concepts of the Arm’s Length Principle, related-party relationships, and the enforcement mechanisms addressing abusive transfer pricing practices. The findings indicate that although PMK-172 has strengthened the normative framework and enhanced legal certainty, significant implementation challenges remain, particularly regarding divergent interpretations, the burden of proving the economic substance of related-party transactions, and the high volume of transfer pricing disputes before the Tax Court. Accordingly, the effectiveness of preventing tax avoidance through transfer pricing depends not only on comprehensive regulation but also on consistent enforcement and the quality of legal and economic analysis by tax authorities and the judiciary.
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Open Access
E-LITIGATION AND HUMAN RIGHTS PROTECTION: ASSESSING EQUALITY BEFORE THE LAW AND PRIVACY RIGHTS AT THE TANJUNG PINANG ADMINISTRATIVE COURT
Abstract
Despite the rapid expansion of electronic court systems in Indonesia, scholarly discussions have largely emphasized procedural efficiency and administrative outcomes, leaving a critical gap in assessing E-Litigation as an instrument for the fulfillment of human rights. In particular, there remains limited empirical analysis on how the implementation of E-Litigation affects the principles of equality before the law and the protection of privacy rights, especially within administrative courts serving archipelagic regions. This research aims to analyze the effectiveness of E-Litigation implementation at PTUN Tanjung Pinang in fulfilling human rights—specifically equality before the law and privacy rights—through a comprehensive effectiveness assessment. The study employs an empirical juridical research method, combining statutory and conceptual analysis with qualitative field data obtained through interviews, observations, and document review, interpreted using Soerjono Soekanto’s theory of legal effectiveness. The findings demonstrate that E-Litigation at PTUN Tanjung Pinang is normatively effective due to a clear, firm, and adaptive regulatory framework that legitimizes electronic judicial processes. However, empirical effectiveness remains partial. Among the five effectiveness factors, only the legal factor operates effectively, while law enforcement capacity, facilities and infrastructure, societal readiness, and legal culture continue to face significant challenges. Uneven digital literacy, unstable internet connectivity, limited technological transparency, and transitional legal culture create practical barriers that disproportionately affect certain groups, particularly users in remote island areas. These conditions undermine equal access to justice and raise concerns regarding the protection of personal data in electronic proceedings. Overall, the study concludes that E-Litigation at PTUN Tanjung Pinang has not yet fully functioned as a comprehensive human rights protection mechanism. Strengthening human resources, improving infrastructure, enhancing public digital literacy, and fostering an adaptive legal culture are essential to ensure that judicial digitalization advances not only efficiency, but also substantive justice and human rights protection.
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Open Access
PERTANGGUNGJAWABAN HUKUM TERHADAP PELAKU PENIPUAN ONLINE MELALUI PLATFORM FACEBOOK
Abstract
The advancement of information technology has significantly increased online buying and selling activities through various digital platforms, including social media such as Facebook. Along with this convenience, cases of online fraud have also risen and caused losses to consumers. This study aims to examine the forms of legal liability of online fraud perpetrators on the Facebook platform and to analyze the extent to which the implementation of the Law on Information and Electronic Transactions (ITE Law) provides legal protection for victims. The research method used is normative legal research with a statutory approach and a case approach, particularly Decision Number 167/Pid.Sus/2024/PN Bjm. The results show that online fraud perpetrators can, in principle, be held legally accountable under Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of the ITE Law as a special legal provision. The application of the ITE Law has provided legal protection for victims, especially through the recognition of electronic evidence and the imposition of criminal sanctions. However, such protection has not yet been fully optimal because it still focuses primarily on punishing offenders and has not comprehensively regulated mechanisms for the recovery of victims’ losses. Therefore, synergy between the ITE Law and the Consumer Protection Law is necessary to achieve more effective and equitable legal protection.Online Fraud
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Open Access
PERLINDUNGAN HUKUM TERHADAP PENYALAHGUNAAN DATA PRIBADI DAN PENAGIHAN DENGAN INTIMIDATIF OLEH PERUSAHAAN FINTECH DI INDONESIA
Abstract
The public now has greater access to financing thanks to the development of financial technology (fintech), especially information technology-based lending services (peer-to-peer lending). However, this has also led to legal problems, such as the misuse of personal data and intimidating collection tactics against customers. In order to avoid the abuse of personal data, this research will examine the various kinds of regulation and supervisory procedures. Additionally, it will evaluate if threatening gathering activities are in compliance with the legal standards that apply in the Indonesian legal system. Normative legal research using a legislative, conceptual, and case approach, together with descriptive-analytical qualitative study of primary, secondary, and tertiary legal documents, is the research methodology used. The study's findings demonstrate that Indonesia already has a thorough regulatory framework in place for the deployment and oversight of fintech services, especially with regard to consumer protection, personal data, and collection governance, thanks to the regulations of the Financial Services Authority, the Personal Data Protection Law, the Consumer Protection Law, and the Electronic Information and Transaction Law. However, because of inadequate law enforcement, poor business actor compliance, and insufficient oversight, its implementation and monitoring are not currently as successful as they may be. In addition to being against existing laws and punishable by them, intimidating fintech collecting tactics have been shown to violate the principles of good faith, the right to security, and the protection of personal data.
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Open Access
KEWENANGAN PENYELIDIKAN, PENYIDIKAN DAN PENUNTUTAN DALAM SISTEM PENEGAKAN HUKUM INDONESIA
Abstract
The judicial system is essentially synonymous with the system of law enforcement, as judicial proceedings fundamentally constitute a process through which the law is upheld.Effective law enforcement, however, requires more than a coherent and comprehensive body of legislation; it also depends on institutional actors that serve as the primary instruments of legal implementation. These law enforcement institutions operate within an integrated framework that collectively forms the Criminal Justice System. Within this framework , law enforcement authorities inevitably function as the principal actors responsible for operationalizing and safeguarding legal norms. Law cannot enforce itself, nor can it realize the normative intentions embedded in statutory provisions without the active involvement of law enforcement authorities.The law enforcement process typically begins with the preliminary inquiry stage, followed by the formal investigation phase, and subsequently advances to the prosecutorial stage.
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Open Access
MITIGASI RISIKO HUKUM DALAM PEMBELIAN ASET PERUSAHAAN TINJAUAN TERHADAP PERLINDUNGAN HUKUM BAGI PEMBELI DI ATAS TANAH SEWA
Abstract
The increasing use of social media in Indonesia has significantly raised the risk of personal data breaches, particularly due to social engineering attacks that exploit human behavior. This study aims to analyze the influence of social engineering on data breaches among social media users, identify the most dominant attack patterns, and examine user behavioral vulnerabilities as the main contributing factor. The research employs a normative and descriptive qualitative method through literature review and analysis of relevant studies on cybersecurity and data protection. The findings reveal that phishing, pretexting, baiting, vishing, and smishing are the most common forms of social engineering attacks, targeting users’ psychological weaknesses such as trust, lack of awareness, and low digital literacy. The study also finds that human error plays a more significant role than technical system weaknesses in causing data breaches. Furthermore, inadequate cybersecurity awareness and preventive measures increase user vulnerability. The study concludes that mitigating data breaches requires not only technological safeguards but also strengthening digital literacy, enhancing user awareness, and fostering collaboration between government, platform providers, and society to create a more secure digital ecosystem.
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Open Access
EFEKTIVITAS SISTEM HUKUM PIDANA DALAM PENANGANAN NARKOTIKA DI INDONESIA
Abstract
The issue of narcotics in Indonesia has reached a critical point, marked by the high rate of distribution and abuse , which significantly affects social stability and the younger generation. Although Indonesia has enacted strict regulations through Law Number 35 of 2009 on Narcotics,the effectiviness of the criminal justice system in addressing narcotics related crimes remains in question. This study aims to analyze the effectiveness of the criminal justice system in handling narcotics offenses,with a focus on the system itself and the recurring phenomenon of user relapse. The research adopt a normative juridicial approach. The findings indicate a persistent gap between legal norms and their implementation,particularly in law enforcement,rehabilitation processes,and inter agency cordination. The high relapse rate suggests that repressive legal approaches have not addressed the root causes of the problem. There is a need to strengthen legal subtance,legal culture,the integrity of law enforcement officers,and to optimize rehabilitative and restorative approaches in handling narcotics abuse. An ideal criminal justice system should not only punish but also rehabilitate,provide justice, and ensure comprehensive protection for society