Primary Legal Sources Research Articles

ANALISIS YURIDIS TINDAK PIDANA MEMBANTU PEKERJAAN SOSIAL MELALUI MEDIA SOSIAL UNTUK MEMPEROLEH KEUNTUNGAN MATERI (PUTUSAN NOMOR 31/PID.SUS/2021/PN.JKT.UTR)

Penalties assigned to individuals who engage facilitating sex work via social media, perpetrated by offender, determined on judge in accordance with sanctions applied to defendant who participated aiding sex work through social media for the purpose of gaining material advantages accordance with Article 296 of Criminal Code. This article raises the main issue regarding whether the perpetrators of the crime of assisting sexual work through social media to obtain material gain in accordance with Article 296 of the Criminal Code, and correctly punishment for the crime of assisting sexual work through social media to obtain material gain. This research employs an analytical-descriptive approach under the normative juridical research category. The methodology involves utilizing secondary data from legal resources available in libraries, encompassing both primary legal sources and relevant secondary legal references through library research and qualitative analysis is carried out by drawing conclusions based on deductive logic. The conclusion of this analysis states that the perpetrator's actions are in accordance with Article 296 of the Criminal Code, but there more correctly punishment, Article 27 paragraph (1) ITE can be imposed on defendant because of act committed by defendant using electronic information facilities.

Legal Consequences of Marriage Agreement that is Made After The Marriage Exists for Husband and Wife Who Have Debts

Marriage is a physical and mental bond between a man and a woman, hereinafter referred to as husband and wife. In marriage, there are married couples who make a marriage agreement. The Constitutional Court issued Constitutional Court Decision Number 69/PUU-XIII/2015 which states that a marriage agreement can now be made after a marriage has taken place. Debt arising in a marriage is very possible, this can be done by both husband and wife. The result of this research is that liability cannot be asked of the husband and wife if the husband or wife does not first agree to a credit agreement with collateral for joint property. This type of research is normative research that uses a statutory approach and uses primary legal sources and secondary legal materials. The legal material analysis technique used is qualitative analysis, namely discussing the legal material that has been obtained by referring to the existing theoretical basis.

Issues Of The Land Office In Determining Land Rights On Duplicate Certificates

Land is one of the fundamental sources of human life, ensuring human survival. Every individual who owns land requires proof of ownership, namely a land certificate, which is issued by the Land Office. Certificates can be issued upon land registration with the aim of providing protection and legal certainty to land rights holders. However, it is not uncommon for issues to arise with some land certificates, leading to legal disputes, such as Duplicate Certificates. The purpose of this research is to identify, analyze, and examine the issues in determining land rights holders in cases of Duplicate Certificates. This research employs an empirical legal research approach, conducted at the Land Office of the ATR/BPN in Klaten Regency. It is supported by literature review to obtain necessary data such as theories, doctrines, principles, and other legal provisions. Secondary legal sources used include textbooks, legal dictionaries, legal journals, and commentaries on court decisions, which are relevant to primary legal sources and aid in the analysis of this research. The findings of this research indicate that the issue arises when disputing parties fail to reach an agreement through mediation, leading to legal proceedings in court and ultimately, a binding legal decision.

Assessment Of Witness Testimonials As Evidence In Civil Cases

The purpose of this study is to investigate and explain the judge's judgment of witness testimony as evidence in the judge's decision. The study employed a normative legal research technique with primary legal sources. In accordance to the author, this judge's reasoning is incorrect due to the fact that there is an oral agreement between the plaintiff and the defendant, which is confirmed by testimony from witnesses and expert witnesses, it cannot be classified as a breach of contract because it does not meet the requirements set forth in Article 58 of the Indonesian Civil Code. The rules and regulations of Article 58 of the Indonesian Civil Code are coercive legal provisions (dwingend recht). Article 58 of the Indonesian Civil Code contains three conditions: 1. The vows of marriage must be registered in the civil registry; 2. Civil registration officials must declare the marriage plans on the notice board; and 3. Claims/lawsuits must be filed within 18 months of the marriage announcement. The judge's assessment that the defendant had broken his vow was incorrect. As a result, the participation of the witness in providing information in collaboration with other witnesses cannot be used to prove the marriage commitment.

Legal Analysis of the Constitutional Court's Decision on the Revocation of Article 11 (Paragraph) 1, 2 of Law No. 36 of 2014 concerning Health Workers: Literature Study, Constitutional Court Decision No. 82/PUU-XIII/2015

This study aims to analyze and find out the basis for the Constitutional Court judge’s decision No.82/PUU-XIII/2015, which granted the applicant’s request to revoke Article 11 paragraphs 1 and 2 of Law No. 36 of 2014 concerning Health Workers, that medical personnel, namely doctors, dentists, specialists, special dentists are not health workers, whereas the explanation of paragraph 2: health workers are people who devote themselves in the field of health and have knowledge, skills through education in the health sector which for certain types requires the authority to carry out health efforts. Testing of this law has ended in the repeal of that article. This research is a normative juridical research with descriptive analysis. Primary legal data sources are the judge’s decision No.82/PUU XIII/2015, secondary data are related laws, it is hoped that it will not cause confusion over the status and position of medical personnel. Therefore, the judge must be able to reflect on the meaning of each article which is the reason for the applicant to revoke it, and it is necessary to conduct socialization so that there is a new understanding of medical personnel not being classified as health workers and a strong rationale. The output of the research, is a new understanding of the community about medical personnel not Health workers.

Civil Legal Protection Against Misuse of Free License of Copyright Works For Font Designs Provided For Personal Use

Purpose: The purpose of this research is to find out how civil law protection is applied and how civil disputes are resolved regarding the abuse of free licenses for personal use of copyrighted font design works. This research uses empirical and sociological jurisprudence with a descriptive qualitative approach. Copyright—the exclusive right owned by the creator of the creation—emerges directly from the declarative basis for seeing a creation made. There are two ways of settling disputes over license abuse: non-litigation (outside the Court) and litigation. Theoretical reference: Five facets of the activity are covered in this article. First, the primary methods and early experiments pertaining to human computer emulation are examined. The second section looks at the connected moral, legal, and technical issues raised by the artificial person phenomena. Thirdly, consideration is given to licensing provisions for the use of cloned individuals' backbone platform. Fourth, the division of virtual people within the public domain legal framework is examined. Lastly, improvements to the pertinent legal perspectives, driven by the development of mind-uploading tech, are expounded upon. All things considered, the study contributes to the advancement of moral and legal guidelines for the science and technology of artificial life. Method: The type of research used is empirical and sociological juridic research with methods of qualitative approaches that are descriptive and tend to use analysis. Result and Conclusion: Based on research findings, this study shows that the protection of civil law and the process of settling civil disputes is linked to license abuse. Instead, an arbitrator helps the arbitration process. Furthermore, the primary legal source for protecting individuals from the use of free use licenses in private is Article 113, paragraph (3) of the Copyright Act No. 28 of 2014. Article 40, paragraph (1), letter F provides further explanation. Implication of Research: is to explain the protection of public law against the abuse of a copyright-free license for the design of fonts available for public use Originality/Value: this research concentrates on the area of law related to the abuse of free licenses and copyright made personally.

To Enhance the Credibility of the Green Bond Market through Regulating GBERs: The Case of China

As the green bond market expands, an increasing number of Green Bond External Reviewers (hereafter ‘GBER’ or ‘GBERs’) have gained momentum among investors and financial regulators. A GBER enhances the credibility of green bonds and prevents greenwashing risk in the green bond market by reducing the information asymmetry between issuers and investors. China is the second largest issuer of green bonds in the world. The current Chinese GBER legal framework is insufficient to ensure green bond market sustainability. Our purpose in this paper is to analyze the inadequacies of the Chinese GBER regulatory framework and to provide suggestions for overcoming the potential challenges within it. A textual analysis of primary legal sources and secondary academic sources serves as the main research methodology in this study. This paper provides an in-depth analysis of China’s GBER regulatory framework and addresses its shortcomings and weaknesses. Furthermore, given the evolving stage of the Chinese green bond market, this paper analyzes potential challenges for GBERs and proposes some suggestions to ensure high-quality reviews by GBERs.

The Implementation of Regulations on Human Rights Violations in Legislation in Indonesia

Objective: The enactment of Law Number 39 of 1999 in Indonesia regarding Human Rights was followed by Law Number 26 of 2000 concerning the Human Rights Court, aiming to address various issues of serious human rights violations. However, these regulations have not been effectively implemented. Method: This study utilizes a qualitative methodology with an analytical descriptive specification, aiming to acquire a profound understanding of a specific phenomenon based on the interpretation and subjective experiences of participants. The data is collected from secondary sources, including primary legal sources such as regulations, laws, and court decisions, as well as secondary legal sources encompassing books, articles, and other relevant literature. The data collection techniques encompass literature review to comprehend the theoretical framework, observation for data authenticity, and interviews with relevant institutions to obtain additional information. Results: The Law Number 26 of 2000 concerning the Human Rights Court is insufficient to address human rights violations in Indonesia, including legal weaknesses and ambiguities in implementing legislation, such as the incomplete "element of crimes" of regulated offenses. The resolution of serious human rights violations in the Indonesian criminal justice system based on Law Number 26 of 2000 has not been able to create legal certainty and justice for victims of serious human rights violations. The Law Number 13 of 2006 on Witness and Victim Protection has to some extent provided a normative foundation for the protection of witnesses and victims. Conclusions: The Indonesian Law with number 26 of 2000 regarding the Human Rights Court is deemed inadequate in addressing serious human rights violations in Indonesia, due to weaknesses in legal certainty and justice. Meanwhile, the Indonesian Law with number 13 of 2006 provides a normative foundation for the protection of witnesses and victims.

COMPARISON OF CIVIL INHERITANCE LAW AND TOBA BATAK TRADITIONAL INHERITANCE LAW REGARDING THOSE WHO ONLY HAVE DAUGHTERS AS HEIRS

This research aims to determine the position of daughters in the distribution of inheritance based on Toba Batak customary inheritance law. This research contains a comparison of the laws contained in the Civil Code with the Toba Batak Traditional Inheritance Law that lives in society. The research method was carried out in a normative juridical manner using a comparative legal approach. This research uses primary legal sources, namely Legislation and Customary Law. Meanwhile, secondary legal sources are obtained from literature studies using journals or other written research. This literature study also uses sources obtained via the internet, such as expert opinions in webinar videos. Based on research, there are differences in provisions in the Civil Code and the Toba Batak Traditional Inheritance Law. The division of inheritance in the Civil Code equalizes the position of women and men. Meanwhile, in the Toba Batak Traditional Inheritance Law, the position of men is still considered higher than women. This research also shows that there are traditional misunderstandings that cause discrimination against women. In the more traditional Toba Batak Customary Law, women also receive inheritance, but in a different form, for example pauseang.

Reconstructing Legal Protections for Justice Collaborators within the Criminal Justice System as an Effort to Uncover Common Crimes in Indonesia

Perpetrators of general crimes who are willing to cooperate with law enforcement are commonly referred to as justice collaborators. These individuals play a crucial role as a valuable source of information for law enforcement agencies in unveiling general crimes, particularly those involving intricate criminal networks. Justice collaborators offer testimony, guidance, and even assist in securing substantial evidence to bolster criminal cases currently under investigation by authorities. The primary objective of this research is to examine the overhaul of legal safeguards for justice collaborators within the Indonesian criminal justice system, aiming to facilitate the detection of general criminal activities. This research adopts a normative legal research approach with a statutory focus. The author, in addressing the research question, relies on primary legal sources, secondary legal materials, and tertiary legal references as parameters for problem resolution. For data collection, a qualitative approach was chosen, specifically emphasizing a quality assessment. Consequently, the technique employed for data collection in this study is qualitative analysis. Within this research, two pivotal issues related to reconstruction will be elucidated. First, the study will delve into the prerequisites for conferring justice collaborator status in general crimes. Second, it will explore the reconstruction of general criminal acts as actions eligible for justice collaborator involvement.

PENGGANDAAN UANG DALAM PERSPEKTIF PASAL 378 KUHP DAN HADITS RIWAYAT IMAM MUSLIM

This article analyzes the prohibition of money duplication as stipulated in Article 378 of the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana) and the perspective of a hadith narrated by Muslim. The research aims to gain insights into the conception of this prohibition in the context of criminal law and the Islamic religious view. A normative research method is employed, which involves examining available legal sources. The legal sources used include primary legal sources based on Article 378 of the Criminal Code and Islamic legal sources, namely the hadith narrated by Muslim. Secondary legal sources obtained from journals, books, and supporting documents are also utilized. The analysis indicates that Article 378 of the Criminal Code prohibits actions of money duplication involving manipulation or fraud to obtain unlawful profits. This article provides a more comprehensive understanding of the prohibition of money duplication from the perspectives of criminal law and Islam.

The Notary's Responsibility for Defective Legal Sale and Purchase Deeds (A Review of the Decision of the District Court of Wonogiri Number 13/PDT.G/2021/PN WNG)

This research discusses the authority of the Land Deed Official (Pejabat Pembuat Akta Tanah or PPAT) to issue authentic deeds, specifically Sale and Purchase Deeds (Akta Jual Beli or AJB), in the process of transferring land rights through sale and purchase, where authentic deeds hold full probative force. The case under consideration involves the misuse of PPAT authority in the execution of their duties. PPAT, in carrying out their responsibilities in creating authentic deeds, must adhere to the principles of caution and precision. The responsibility of the PPAT for a legally defective Sale and Purchase Deed in the Decision of the District Court of Wonogiri Number 13/PDT.G/2021/PN Wng. is discussed. In the judgment, it is explained that the PPAT violated the law due to the failure to meet the legal requirements of the agreement as per Article 1320 of the Indonesian Civil Code. This research is normative juridical, utilizing a qualitative data analysis method. To examine legal issues, primary legal sources, secondary legal sources, and tertiary legal sources are used, and these sources are subsequently analyzed using descriptive analytical techniques.

Analysis of Interfaith Marriage Legalized by The Central Jakarta District Court (Determination Number 155/Pdt.P/2023/PN.Jkt.Pst)

The concept of interfaith marriage is not uncommon in Indonesian society, which is diverse in terms of race, ethnicity, culture, and religion. Law Number 1 of 1974 Governing Marriage governs marriages in general, however, it makes no distinctions for marriages based on specific religions. This paper examines the Central Jakarta District Court's rulings on interfaith unions and how they relate to the relevant legal statutes. This study uses a descriptive qualitative approach to analyze data gathered from primary legal sources, such as court decisions. The purpose of the analysis was to determine if the Central Jakarta District Court's ruling accords with Law Number 1 of 1974's Article 2 Paragraph 1 on marriage. The court granted the request for an interfaith marriage based on the Population Administration Law's Article 35 letter a and the Supreme Court's decision in Case Number 1400 K/PDT/1986, according to study findings. Despite taking into account both legal and societal factors, the judgment falls short of meeting all of Law Number 1 of 1974's conditions for a valid marriage. This research contributes to our understanding of Indonesian interfaith marriages and the future direction of family law. It is crucial to have more debates and analyses regarding the legitimacy of interfaith unions as well as to pass legislation that addresses this matter. To facilitate just interfaith weddings, coordination between religious, legal, and social organizations must also be taken into account.

PENGEMBANGAN KESADARAN PELAJAR TENTANG PENYALAHGUNAAN DAN PEMBERANTASAN NARKOBA DI MAN 2 PADANG LAWAS, DESA BINANGA KECAMATAN BARUMUN TENGAH, KABUPATEN PADANG LAWAS, SUMATERA UTARA

The aim of this research is to determine the development of student awareness about drug abuse and eradication at MAN 2 Padang Lawas, Binanga Village, Barumun Tengah District, Padang Lawas Regency, North Sumatra. The research method used in preparing this journal is normative juridical. Using primary legal sources and secondary materials. The primary legal material in this case is Law Number 35 of 2009 concerning Narcotics. Meanwhile, secondary legal materials include law books, legal journals, legal papers and interviews with related sources. Data collection techniques include observation, interviews and library research. The data analysis techniques used are data reduction, data presentation and drawing conclusions. The results of the research show that when carrying out the pre-test, only 20% of the participants had exposure to knowledge when they mentioned that drugs are substances/substances which, if they enter the body, will affect the body, especially the central nervous system, so that if misused it will cause physical disorders. psychological and social functions. However, after discussing the material and carrying out a post-test, it was seen that 75% of the participants' abilities had increased better in explaining the meaning of drugs, identifying the symptoms shown by drug users, and the types of drugs that need to be avoided.

Tinjauan Yuridis Pailitnya PT. Merpati Nusantara Airlines Persero Akibat Kelalaian Terhadap Perjanjian Damai

Law No. 37/2004 on Bankruptcy and PKPU has regulated the bankruptcy and PKPU process for SOEs, where the Ministry of Finance is authorized to file bankruptcy applications. The problem that the author wants to raise regarding the differences in the bankruptcy of BUMN Persero, in this discussion is the bankruptcy case of PT Merpati Nusantara Airlines (PT MNA). Based on the explanation of the Bankruptcy and PKPU Law article 2 paragraph (5), it is stated that BUMNs that can be bankrupted by the minister of finance are BUMNs whose capital is not divided into shares or BUMN Perum, while in practice at the trial the bankruptcy of PT MNA was canceled on the grounds that the BUMN (Persero) could only be bankrupted by the Minister of Finance. Whereas BUMN Persero is subject to the Limited Liability Company Law and is also subject to the Limited Liability Company Law, this is because the arrangements regarding the bankruptcy of BUMN are still overlapping, resulting in inconsistencies in the decisions of judges in examining and deciding BUMN bankruptcy cases. The writing of this article uses normative legal research, using primary legal sources, namely the Bankruptcy Law, Limited Liability Company Law and BUMN Law. The data collection technique in this research is a literature study, namely collecting primary legal materials by tracing laws and regulations related to the position of bankrupt BUMN Persero. Furthermore, secondary legal materials are obtained by collecting books, scientific papers, and journals relevant to the author's research. Using deductive pattern as an analysis method by connecting major and minor premises. The result of this research is that PT MNA, even though it is a Persero SOE and its shares are 100% owned by the government, can still be bankrupted by anyone other than the minister of finance as long as it meets the bankruptcy requirements and the bankruptcy decision of PT MNA which is in accordance with the Bankruptcy and PKPU Law is based on 2 articles of the PKPU Law, namely Article 170 paragraph (1) and Article 291 paragraph (2).

Review on the Women's Rights and Islamic Law in Southeast Asia

Objective: This research explores the intersection of women's rights and Islamic law in Southeast Asia. This research aims to examine how Islamic law, as interpreted and practiced in the region, affects women's rights and to identify potential areas for reform that could better protect and promote women's rights within the framework of Islamic law. Method: To achieve this, the researcher conducted qualitative method, which include literature review using secondary data, and interview with relevant sources to obtain primary data that will support the analysis to achieve the purpose of this research. Researcher also used primary legal sources, such as regulations and legal cases, and legal policies in relation to women's rights and Islamic law in Southeast Asia. Interviews will be conducted with experts and activists working in the field to gain their perspectives on women's rights in the region and the challenges they face. Analysis will use a descriptive-analytical approach. Result: The research results indicate that while Islamic law provides some protections for women's rights, significant gaps in its application and interpretation leave women vulnerable to discrimination, abuse, and inequality. These gaps often result from patriarchal interpretations and practices prioritizing men's rights and interests over women's. Based on these findings, the study concludes that there is a need for a more nuanced and gender-sensitive interpretation and application of Islamic law that better protects and promotes women's rights. This could involve reforms in legal frameworks, policies, and practices and greater awareness and education about women's rights and the intersections between Islamic law and gender equality. Conclusion: Overall, this study highlights the ongoing struggle for women's rights in Southeast Asia and the need for continued efforts to ensure that these rights are fully realized within the framework of Islamic law.

Voluntary System: The Legal Problems of Zakat Management For The Fulfillment of Socio-Economic Justice

Zakat is primarily an economic instrument used to achieve socio-economic justice. This goal can be accomplished if management is done properly and correctly. The purpose of this article is to analyze the legal policy of zakat management with the model of the voluntary system and its implications for the realization of social and economic justice in the community. This research is normative legal research with primary legal sources in the form of laws and regulations related to zakat management legal policies, which are then analyzed descriptively and qualitatively. According to the findings of the study, the legal policy of zakat management with a voluntary system model is based on the principle of community volunteerism in zakat payment. This voluntary system model is heavily reliant on public legal awareness regarding zakat payment. The use of the voluntary system model has consequences for the community's non-optimal fulfillment of social and economic justice, which is caused by a lack of state involvement through legal policies. The state's role is required to enforce the zakat law by compelling zakat obligors to fulfill their obligations. On the other hand, the potential for zakat remains enormous, and it must be managed optimally.

Preserving Privacy and Security: A Comparative Study of Health Data Regulations - GDPR vs. HIPAA

Abstract: The digital revolution has irreversibly transformed the healthcare landscape, revolutionizing the way health data is managed and raising critical questions about its protection. The seamless integration of technology has propelled healthcare into a new era of interconnectedness and data-driven innovation, presenting both unprecedented opportunities and challenges. In this context, this paper conducts a comprehensive comparative study of two pivotal regulatory frameworks: the General Data Protection Regulation (GDPR) and the Health Insurance Portability and Accountability Act (HIPAA). These regulations, enacted on different continents, serve as cornerstones in the protection of health data and offer profound insights into the evolving landscape of data privacy and security in the digital age.The surge in digital health platforms, electronic medical records, and data-sharing networks has ushered in an era where personal health information is more vulnerable and valuable than ever before. The GDPR, a landmark legislation within the European Union, empowers individuals with control over their personal data and sets stringent standards for data protection. On the other side of the Atlantic, HIPAA plays a fundamental role in regulating health data in the United States, emphasizing the confidentiality, integrity, and availability of electronic health information.This study aims to unravel the intricate tapestry of health data protection by juxtaposing the GDPR and HIPAA. By exploring their commonalities and disparities, this analysis offers insights into the multifaceted dimensions of safeguarding health data in an interconnected world. Delving into the legal principles, individual rights, organizational responsibilities, security prerequisites, procedural intricacies, and enforcement mechanisms embedded within these frameworks, this study seeks to inform stakeholders and decision-makers about the critical nuances of health data governance.Employing a comprehensive research approach that draws from primary legal sources, scholarly interpretations, case studies, and comparative analyses, this study enriches our understanding of the intricate interplay between regulation and technology. By shedding light on the regulatory strategies of the GDPR and HIPAA, stakeholders can better navigate the intricate terrain of health data protection and contribute to the development of a privacy-respecting and technologically vibrant healthcare ecosystem.

ENVIRONMENT CIVIL LAW ENFORCEMENT

Environmental pollution is a complex problem with both short-term and long-term risks. Regulations that regulate natural resource utilisation activities serve as preventive and repressive steps for environmental issues. Environmental law is a form of government concern for complex environmental problems, through law enforcement that can be pursued through administrative, criminal, and civil law. Therefore, this research aims to find out and understand environmental law enforcement efforts through legal aspects. This research type is normative legal research. In normative legal research using statutory, conceptual, historical, and comparative approaches. In supporting this research, 2 sources of legal materials are used, such as (1) primary legal sources, which consist of parliamentary legislation, subordinate legislation, judicial decisions and reported tribunals; (2) secondary legal sources, such as all legal literature that is not a formal memorandum of law (encyclopaedias, case summaries, textbooks, journals, dictionaries, indexes and bibliographies). This research indicates that in the enforcement of civil environmental law, there are litigation and non litigation. In addition, the settlement of disputes can be conducted through condemnatory verdicts, declaration verdicts, and constitutief verdicts. In civil law, legal sanctions can be an obligation to fulfil achievements (obligations) associated with the requirements of obligations according to Article 1365 BW (Civil Code).

Systematic construction of lawfulness of processing employees’ personal information under China's personal information protection law

With the rapid development and widespread use of digital technologies in the workplace in China, employers’ right to monitor and direct employees has often been abused, raising a number of disputes over the infringement of employees’ right to privacy in terms of their personal information. China must urgently develop an appropriate approach to balancing these two conflicting interests. However, there is currently no coherent and uniform regime governing the protection of employees’ personal information in China. The primary legal source on which employers can rely is the latest version of the Chinese Personal Information Protection Law (PIPL), which offers three lawful bases for employers’ processing of their employees’ personal information. These bases are employee consent; “necessity for the conclusion or performance of an employment contract”; and “necessity for conducting human resource management.” Concerns have been expressed regarding the reasonableness and effectiveness of the three lawful bases under the PIPL. First, it is both legally and practically problematic for the PIPL to rely so heavily on employee consent. Second, it is unclear whether the other two lawful bases relieve employers of the duty of notification and, if so, how to safeguard employees’ right to know. Third, the ambiguous standard of “necessity” requires clarification.This article argues that China should adopt many elements from EU law, while US law should be only followed in relation to the standard of “necessity”. In relation to employee consent, the EU approach is preferable to the US approach. As the EU approach does not generally regard employees’ consent as a lawful basis for the processing of their information and uses the other two lawful bases as alternatives to employee consent, this approach better reflects the customary practices of employee subordination and employer control in China. In contrast, US law deems employee consent to be an absolute general defense to the tort of privacy violation and adopts an employer favoritism approach to balancing these two conflicting interests, which is not appropriate in the Chinese context. In relation to the scope of necessity, three tests taken from the EU and US approaches should be considered by the Chinese courts. In addition, when processing personal information based on the other two lawful bases, employers should safeguard employees’ right to know through collective contracts concluded with labor unions or employee representatives under the Chinese Labor Contract Law, which would effectively address employers’ arbitrariness. Ultimately, these changes would produce a better balance between employees’ right to privacy in terms of their personal information and employers’ need to subordinate and control employees.