Legal Basis Research Articles

Implementation of the Law of the Republic of Indonesia Number 27 of 2022 concerning the Protection of Personal Data in the Big Data Era in Indonesia

The rapid development of information and communication technology, especially in the Big Data Era context, brings significant challenges to the protection of personal data. Indonesian Law No. 27 of 2022 concerning the Protection of Personal Data (PDP Law) is expected to provide a clear legal framework to protect individual rights over their data. The study aims to analyze the implementation of the PDP Law in the big data context and its impact on citizen protection and privacy. The result showed that although the PDP Law had set strong legal basis, the challenges in its aplications still existed.

Perspectives on a Cybersecurity Governance Framework Integrating Blockchain, Artificial Intelligence, and Legal Base for one Organization

Cybersecurity governance issues remain persistent worldwide. One of the key causes is the lack of appropriate models, prototypes, or guidelines that effectively incorporate emerging technologies such as blockchain and artificial intelligence, while being grounded in national legal frameworks or aligned with international standards. The objective of this research is to analyze and define a prototype for the integration of a "Framework for Cybersecurity Governance Based on Blockchain, Artificial Intelligence, and Legal Foundations for Organizations." A deductive method and exploratory research approach were employed to analyze scholarly articles, standards, laws, regulations, and official websites related to the topic. The study resulted in the identification of relevant actors for the development of a cybersecurity governance framework, an algorithm for its analysis, and a prototype framework. The findings suggest that all organizations, based on simulations involving the identified actors, should aim for a performance level above 75%. Organizations scoring 75% or lower must seek strategies to reach a higher range—between 76% and 95%—to effectively mitigate risks, threats, and vulnerabilities in cybersecurity governance management.

An Analysis of 'Urf on the Practice of Jeluk-Jelukan in the Customary Marriages in Sambungmacan Village, Sragen Regency

Marriage is an order given by Allah to His servants which aims to create a family that is sakinah mawadah warahmah, so that Allah gives extraordinary gifts and rewards to the perpetrators. Marriage for Javanese people is something sacred and considered very important because the implementation of marriage is full of rituals which, when examined, have many meanings that can be interpreted as a manifestation of prayer so that the bride and groom and also their families get good things and away from disasters. In the customary law of Sambungmacan Village, marriage procedures are a combination of customary and Islamic law. According to local beliefs, if a person who wants to get married still has an older sibling who has not been married, it is very prone to disasters such as difficulty getting a mate for those who are stepped over, crazy, or kuwalat for the prospective bride and groom who step over. For this reason, the existence of this custom can prevent these disasters. The phenomenon that occurs in the Sambungamcan Village community if the younger sibling marries before the older sibling, then the older sibling is required to carry out the jeluk-jelukan tradition. This article aims to uncover the phenomenon of how 'urf and Islamic law review the jeluk-jelukan tradition that develops in the Sambungmacan Village community. This type of research is prescriptive field research, while the approach used is a legal normative approach, which is a problem approach by formulating whether something is or the object of research is good or should not be done so that it is in accordance with Islamic Law or not. The conclusion of this research is. This jeluk-jelukan tradition is classified as 'urf fasid, because it overturns the Islamic faith when believing that the calamity comes because of violating or not carrying out the jeluk-jelukan tradition. When viewed from the perspective of 'urf, it cannot be used as a basis or legal basis. In the review of Islamic law, this jeluk-jelukan marriage is contrary to Islamic law because the pillars of marriage are not fulfilled, namely without the guardian of the old widow. So it can be concluded that this jeluk-jelukan marriage is invalid. Because both of them are forced by customary law

Formal Requirements for Class Action Lawsuits in Environmental Cases in Indonesia: Problems and Solutions

Class action lawsuits serve as a vital instrument in the enforcement of environmental law, particularly in advocating for the interests of affected communities. Although the regulation of class actions has been recognized in Indonesian legislation, such as Law Number 23 of 1997 in conjunction with Law Number 32 of 2009, as well as Supreme Court Regulation (PERMA) Number 1 of 2002, its implementation continues to face various legal and technical challenges. One of the main issues is the frequent rejection of environmental class action lawsuits by courts on the grounds of not meeting formal requirements. Therefore, the purpose of this paper is to identify procedural obstacles in the implementation of class actions and to provide policy recommendations to improve public access to environmental justice. This study employs a normative juridical method using a statutory approach. The findings indicate that PERMA Number 1 of 2002, as the legal basis for class action lawsuits, is no longer responsive to contemporary developments. To address this, two primary solutions are proposed: first, to elevate the status of PERMA to a law; and second, to establish environmental courts as a specialized forum for resolving environmental disputes. It can be concluded that a more comprehensive regulatory reconstruction and harmonization of norms within Indonesia’s civil judicial system for environmental matters is necessary to ensure the effectiveness of environmental protection through the class action mechanism.

Pre-Emptive Rights – A Theoretical and Empirical Examination

Abstract The premise for protecting shareholders from dilution, a loss of wealth and control through providing pre-emptive rights, is that agents may not act in the interests of principals. Proponents of pre-emptive rights emphasize protecting the democratic nature of the limited liability corporation while opponents argue that professional management have greater insights regarding capital formation and growth opportunities. From a financial theory perspective, the argument for protection rests upon whether the costs of debt and of equity reflect capital structure as well as the potential for changes, as ultimately reflected in share prices. Applying financial theory and statistical analysis, we explore if shareholders need protection from dilution, or if the risks are already capitalised into share prices. Our findings and insights cast doubt on the benefits of such protection and the legal basis for compensation.

Implementasi Bank Emas di Indonesia: Analisis Hukum Positif dan Tinjauan Syariah (Studi Kasus Bank Syariah Indonesia)

This research is motivated by the inauguration of Bank Emas (Gold Bank), which has become a topic of discussion among the public and raises regulatory and Sharia challenges that require analysis. The objective of this study is to discuss the Implementation of Bank Emas in Indonesia: An Analysis of Positive Law and Sharia Review (Case Study of Bank Syariah Indonesia). This research examines the legal basis, including the P2SK Law and relevant OJK Regulations, and evaluates the products and services of Bank Emas BSI based on the DSN-MUI fatwa and the principles of Islamic muamalah. The research method employed is a literature study and qualitative analysis of statutory regulations, religious edicts (fatwa), and related secondary data, using a normative juridical approach. The research findings indicate that: 1) From a positive law perspective, specific regulations detailing the operations of Bank Emas in Indonesia are stipulated in OJK Regulation Number 17 of 2024, as a derivative of the P2SK Law. 2) From a Sharia perspective, the concept of Bank Emas is considered in line with the principles of fiqh muamalah, provided that it adheres to valid contract stipulations, avoids usury (riba), and maintains fairness in transactions. The case study at BSI shows the potential for implementing the gold bank concept through its existing products, including Digital Gold Savings, Gold Installments, Digital Gold Trading, Gold Pawn, and Gold ATMs, which facilitate public access to gold investment and transactions. These products are in accordance with the positive legal framework, although they may not yet fully comply with Islamic Sharia principles. This research recommends the necessity of synergy between regulatory authorities, fatwa institutions, and Islamic banking to formulate a legal framework and business model for Bank Emas that aligns with both positive law and Sharia principles.

AI-Based Automation of the European Small Claims Procedure: Legal Framework Mapping

The paper explores current legal regulations regarding AI-based automation (full or partial) of the European Small Claims Procedure (ESCP). It analyzes European-level legislation, focusing on personal data protection (specifically Article 22 of the GDPR) and human rights (mainly Article 47 of the Charter of Fundamental Rights), while also mentioning the possibility of establishing a legal basis for ESCP automation in the national legal orders of EU Member States’ legal systems.

Mekanisme Penyelesaian Sengketa Debitur Ingkar Janji oleh BPSK Samarinda dalam Perspektif Perlindungan Konsumen

Consumer disputes between defaulting bank debtors and banks are a crucial issue in consumer protection within the financial services sector. This research aims to examine the efforts and obstacles faced by the Consumer Dispute Settlement Board (BPSK) of Samarinda City in resolving such disputes, viewed through Law No. 8 of 1999 concerning Consumer Protection. Employing a normative juridical research method supplemented by interview data, this study analyzes BPSK's authority, procedures, and challenges. The findings indicate that BPSK Samarinda endeavors to resolve these disputes, particularly through mediation. BPSK facilitates dialogue between consumers (debtors) and business actors (banks), provides education, and guides the parties toward achieving amicable, win-win solution agreements according to established procedures. However, BPSK encounters significant constraints, including potential jurisdictional overlap with other financial sector dispute resolution bodies (LAPS-SJK), limitations in the legal basis specifically governing its authority in the banking sector, late reporting by consumers after enforcement actions (auctions), and insufficient public awareness, sometimes coupled with delayed responsiveness from business actors. Although BPSK serves as an accessible and low-cost alternative dispute resolution mechanism, strengthening its legal foundation and conducting massive outreach are necessary to enhance its effectiveness in handling complex banking disputes.

Tanggung Jawab Hukum Pinjaman Online terhadap Penyebaran Data Nasabah secara Ilegal

The development of financial technology (fintech), especially online lending services (pinjol), has provided easy financial access for the public. However, on the other hand, serious problems have emerged related to the misuse and illegal distribution of customer personal data by pinjol service providers. This study aims to analyze the legal responsibilities that can be imposed on pinjol organizers for customer data leaks and to evaluate the influence of Law Number 27 of 2022 concerning Personal Data Protection (UU PDP) in providing legal protection for victims. The research method used is normative juridical with a statutory, conceptual, and case study approach. Data were obtained through literature reviews, laws and regulations, and court decisions. The results of the study show that pinjol organizers who illegally distribute customer data can be subject to criminal, civil, and administrative legal responsibilities. Law Number 27 of 2022 concerning Personal Data Protection provides a fairly strong legal basis, but there are still obstacles in its implementation, such as the suboptimal supervision mechanism and weak sanctions against perpetrators. The conclusion of this study is the need to strengthen the derivative regulations of Law Number 27 of 2022 concerning Personal Data Protection and increase the active role of supervisory authorities such as the OJK and Kominfo in supervising data processing practices by online loan providers. It is recommended that the government immediately draft technical implementing regulations and expand socialization regarding data subject rights to the public.

Quantitative trend analysis of well-established use mutual recognition and decentralised products indicates codified disharmonisation in the European Economic Area.

Quantitative trend analysis of well-established use mutual recognition and decentralised products indicates codified disharmonisation in the European Economic Area.

What's in a name? Examining the confusion of meat-like terminology on meat imitating plant-based products.

What's in a name? Examining the confusion of meat-like terminology on meat imitating plant-based products.

Perlindungan Hukum bagi Korban Catcalling secara Komprehensif

Legal protection for victims of catcalling, which is a form of verbal sexual harassment. This study highlights the importance of legal recognition of victims' rights and the necessary remedial efforts to create a safe environment and respect the dignity of each individual. Catcalling is often considered a trivial act, but its impact on victims can be very detrimental. Comprehensive legal protection is needed to address this problem and provide a sense of security for the community, especially women. This study aims to analyze the existing legal framework and identify gaps that need to be fixed to provide better protection for victims of catcalling. In addition, this study also explores the remedial mechanisms that can be applied to support victims in the healing process. The methods used in this study include legal document analysis. This method involves reviewing various relevant legal documents, such as laws and regulations, policies, and other official documents. The aim is to identify the existing legal basis related to the protection of victims of catcalling. With this, this study is expected to provide a comprehensive understanding of the issue of catcalling and raise awareness of the need for effective legal protection for victims. Legal protection for victims of catcalling needs to be strengthened with clear recognition in the law and adequate remedial services. This step is expected to create a safer environment and respect individual rights.

Penerbitan Sertifikat Hak Atas Laut dalam Perspektif Hukum Agraria dan Hukum Laut Internasional

The issuance of certificates of sea rights is a complex legal issue because it involves aspects of agrarian law and international maritime law. In the context of agrarian law in Indonesia, the recognition of rights to sea areas does not yet have an explicit legal basis like land rights. Meanwhile, international maritime law, especially through the 1982 UN Convention on the Law of the Sea (UNCLOS), regulates state jurisdiction over waters, including the exclusive economic zone and continental shelf, but does not specifically discuss private ownership of the sea. This study uses a qualitative method with a juridical-normative approach to analyze the unclear regulations regarding sea rights in Indonesia and how international legal principles can provide direction for their development. The results of the study show that the disharmony between national law and international law creates legal uncertainty for individuals or entities claiming sea rights. In addition, the policy of issuing sea rights certificates requires a clearer legal framework so as not to conflict with the principles of sustainable marine resource management. Therefore, policy recommendations are needed to align national regulations with international standards to ensure legal certainty and protection of public interests and the marine environment.

Article: Global Taxation’s Price: Quantifying Pillar Two Damages in IIA Disputes

This article addresses the emerging conflicts between Pillar Two taxation rules and international investment agreements (IIAs) by focusing on developing methodologies for assessing economic damages in related disputes. The study aims to establish a comprehensive framework for quantifying economic losses arising from potential IIA violations due to Pillar Two implementation. It examines the legal basis for damage claims under IIAs by analysing relevant precedents and provisions. The research evaluates various methodological approaches for calculating damages in international investment disputes and assesses their suitability for Pillar Two-related scenarios. Economic models and quantitative techniques, such as the discounted cash flow (DCF) analysis and the lost profit method, are examined for their effectiveness in estimating Pillar Two’s financial impact on investors. The article incorporates case studies and reviews past damage assessments in tax-related contexts. It discusses policy implications and offers guidelines for key stakeholders including policymakers, investors, and arbitral tribunals as well as focusing on best practices and potential challenges in damage assessment. This research aims to alleviate a critical deficiency in the existing literature by providing a nuanced, multidimensional framework to facilitate a more informed approach to resolving disputes at the intersection of Pillar Two rules and IIAs.

THE RULE OF درء المفاسد أولى من جلب المصالح AND ITS APPLICATION IN DSN MUI FATWA NO.137 ON SUKUK

This research journal is made to describe and interpret the findings or observations regarding the concept of fiqh rules درء المفاسد أولى من جلب المصالح in the fatwa on Sukuk. This rule is a branch rule of the fifth basic fiqh rule, namely Adh-Dhararu Yuzaalu, which means that if there are two things, mafsadat and maslahah, preventing mafsadah is more important than seeking maslahah or benefit. The rules of fiqh are utilized as the foundation for defining Islamic law in new concerns that arise with the passage of time, particularly in economic transactions, or muamalah maliyah, which inevitably arises in Islamic financial institutions. As a result, the presence of the DSN-MUI fatwa as a legal basis in line with the development of the Islamic capital market and economy in Indonesia's Islamic financial system is also justified. This rule applies to all problems that have mashlahah and mafsadah ingredients. So if mashlahah and mafsadah come together, then the priority is to reject mafsadah. Technological advancements affect not only social, political, and cultural life, but also the economic. Sukuk is one that is being discussed. Sukuk are securities that serve as proof of ownership of assets, which might be tangible, intangible, or project contracts resulting from certain operations. The research study employs the library research method, in which data and information are gathered from library sources derived from books, journals, articles, and other sources that are still relevant to this topic. Based on the research, it is concluded that Sukuk is permissible as long as it does not contradict Shara' and complies with the provisions of the DSN-MUI fatwa on Sukuk.

PERCEPÇÃO DE MÉDICOS RESIDENTES DE GINECOLOGIA E OBSTETRÍCIA SOBRE ABORTAMENTO LEGAL

Abortion is the termination of a pregnancy before 20-22 weeks and in which the embryo or fetus weighs less than 500 grams. It is commonly called “abortion”; however, abortion is the product of abortion. In Brazil, legal abortion is permitted when there is a risk of death to the pregnant woman, rape or in cases of anencephalic fetuses. However, clandestine abortions are performed by women of all social and economic levels, resulting in high mortality rates. In services that perform legal abortions, the practice is often hindered by health professionals due to: personal reasons (ethical, religious issues, etc.); conscientious objection and requirement of documents that are not necessary. In this sense, this study aimed to evaluate the level of knowledge of resident physicians in Gynecology and Obstetrics at the Santa Casa de Misericórdia do Pará Foundation (FSCMPA) about the legal bases related to abortion in Brazil. This was a cross-sectional, descriptive, quantitative study, which was authorized (Opinion Number: 7,056,464; CAAE: 80556924.0.0000.5171). Residents enrolled in one of the medical residency programs in Gynecology and Obstetrics who work at FSCMPA and who agreed to participate in the investigation answered a structured questionnaire, whose questions addressed the sociodemographic profile and the level of knowledge and perception about the gestational interruption program provided by law. The collected data were tabulated in Microsoft Excel, which was used to generate graphs and tables. The Power BI® tool was used to create images. The Jamovi® software was used to perform the Chi-Square and Fisher's Exact tests. The criteria for statistical significance were defined as p ≤ 0.05. In all, 59 responses were collected. The study participants were predominantly female (91.53%), were between 25 and 35 years old (91.53%), had a partner/spouse (57.63%) and 93.22% had no children. Regarding religious orientation, the predominance varied between Catholics (52.54%) and Evangelicals (22.03%). Regarding the right to abortion, 44.07% fully agreed and 30.51% partially agreed, 13.56% fully disagreed and 11.86% partially disagreed. Men showed a higher proportion of full agreement (60%), and among women, agreement was 48.15%. Significant relationships were found between religious orientation and legal terminations of pregnancy (p = 0.004) and conscientious objection with gender (p = 0.047) and year of residence (p = 0.015). Participation in courses, workshops or lectures on ethical and legal aspects of abortion was significantly associated with both religious orientation (p = 0.036) and year of residency (p = 0.040). The results highlight the differences observed in the perception of the legal requirements for performing legal abortion and conscientious objection among physicians, highlighting the importance of continuous education, with more robust and integrated educational strategies that promote technical, ethical and legal understanding from the beginning of residency.

Analysis of Special Civil Cases on Industrial Relations Disputes: A Case Study of Supreme Court Decision Number 347 K/Rev. Sus-PHI/2020 in the Perspective of International Civil Law

The case of the industrial relations dispute between PT Hevilift Aviation Indonesia and Joel Raymundo Alviar illustrates the legal complexity faced by companies and workers, especially in the context of the involvement of foreign nationals. The Supreme Court's Decision Number 347/K/Pdt. Sus-PHI/2020 is the focal point for analyzing the application of international civil law in employment relations in Indonesia. This article aims to provide an in-depth understanding of the legal basis underlying the award, as well as explore how international civil law is applied in these disputes. In addition, this article also examines the impact of the ruling on labor policy in Indonesia, including its implications for the protection of workers' rights and the policies of companies that employ foreign workersThe results show that the Supreme Court's ruling not only sets an important precedent in the settlement of industrial disputes, but also highlights the need for harmonization between national and international law in the context of employment. As such, this article contributes to a broader understanding of the interaction between international civil law and employment relations, as well as its implications for more effective labor policy in Indonesia.

Implementation of the Principle of Notary Independence in Legal Practice in Indonesia Based on the Notary Position Law

In carrying out their duties and authorities, a notary is required to comply with various legal provisions governing their profession. One of the main principles that must be upheld by a notary is the principle of independence as stipulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position (UUJN). This research uses normative research methods. The reason for using normative research in this study is because in the problem under study, the author will identify Notary Independence in Legal Practice in Indonesia Based on the Notarial Law. Notaries must maintain neutrality, namely not taking sides with one party or certain interests, so as not to damage the principle of public trust in the notary profession. The Notary Position Law has provided a strong legal basis for notaries to carry out their duties independently and professionally.

Key challenges to the development of modern Spain:political and economic aspects

The article analyzes the main political and economic challenges to the left-wing PSOE-Sumar coalition government formed in 2023. The paper characterizes the positions of the ruling bloc and assesses the influence the Catalan and Basque nationalist parties have on the decision-making process in the Spanish Parliament. In particular, the risks for the central authorities after the adoption of the amnesty law for Catalan separatists in 2024 are highlighted. Additionally, foreign policy factors influencing the development of Spain are revealed. Special attention is paid to the group of socio-economic challenges on the agenda of the Kingdom. The article gives an overview of the main macroeconomic indicators of the country in 2023, underscores problem areas and presents possible directions for improving the economic policy. The research also compares the legal basis of the Spanish and Ukrainian territorial structure in terms of interaction between the center and regions. The author emphasizes the limited capacity of the Ukrainian regions to protect their interests in the political process of the country. The paper concludes with an assessment of the medium-term prospects for Pedro Sanchez’s coalition government.

The Current Status of Regulation of Biosimilars in India, the United States of America, and Europe

Background: A similar biologic product, also known as a biosimilar or follow - on biologic, is very similar to the reference product in terms of quality, safety, and efficacy. These pharmaceuticals are used both as primary treatments and as stand - ins for primary treatments for numerous chronic conditions. Each country has created its own rules for development and approval, and some nations are embracing WHO recommendations. The relevant bodies engaged in the approval procedure in India include the Institutional Bio - Safety Committee (IBSC), Review Committee on Genetic Manipulation (RCGM), Genetic Engineering Appraisal Committee (GEAC), and CDSCO. The legal basis of Directive 2001/83/EC's Article 10 (4) in the EU specifies the criteria for Marketing Authorization Applications (MAAs) based on the proof of the similarity between the two biological medical products. Biotech products may be licenced under the US Biologics Price Competition and Innovation Act of 2009 (BPCIA). This article provides a table - formatted review of the regulatory frameworks in India, the USA, and the EU. Objectives: The objective of this topic is to compare the regulatory oversight of biosimilars in India, USA, and Europe. This comparison intends to highlight significant parallels and discrepancies between each region's approval procedures and post - marketing surveillance policies and regulations for biosimilars. Conclusion: In comparison to India and the USA, Europe leads in the development of biosimilars, with distinctions in definitions, guidelines, reference product selection, and data requirements. Although there are similarities, regulatory standards must be unified for global clearance of biosimilars.