Protection In Indonesia Research Articles

How effective is legal protection in Indonesia in handling investment fraud cases compared to other countries?

Legal protection for investors is crucial in preventing the negative impact of rampant investment fraud, especially in the digital era that facilitates access to information. The ever-growing phenomenon of investment fraud shows the importance of evaluating the effectiveness of existing legal frameworks. This study aims to analyze the effectiveness of legal protection in Indonesia in dealing with investment fraud cases, with a normative juridical approach that examines relevant regulations in Indonesia and compares them with other countries such as the United States and India. This method is used to understand the weaknesses and challenges in the implementation of existing laws. The results of the study show that although Indonesia has a comprehensive legal framework, such as Law Number 8 of 1995 on the Capital Market and the Electronic Information and Transaction Law (UU ITE), challenges in law enforcement and public education are still significant obstacles. Unlike the US and India, which implement strict sanctions and have strict supervision, legal protection in Indonesia still needs reforms to increase the deterrent effect for actors and strengthen public trust in the investment system.

Consumer Protection in Business Law: Conflict of Norms and its Implications under Article 18 of Law No. 8 of 1999 on Consumer Protection

Consumer protection is an important aspect of business law that often clashes with the principle of freedom of contract. This paper analyzes the conflict between Article 18 of the Consumer Protection Law (UUPK) and Article 1320 of the Civil Code (KUHPerdata) in the context of consumer protection in Indonesia. The norm conflict arises mainly in the use of standard clauses in standard contracts, which can harm consumers. John Rawls' theory of justice and Gustav Radbruch's theory of legal certainty are used to understand how the law can balance the interests of consumer protection and freedom of contract. In addition, technological developments and globalization also complicate the application of GCPL in electronic and cross-border transactions. The author suggests several legal strategies to address this conflict, including revision of laws, integration of technology, and harmonization of international law. In conclusion, effective consumer protection requires a balance between substantive justice and legal certainty and adaptation to technological change and market dynamics.

Judicial Review of Child Violence Committed by Caregivers

This study examines the legal protection of children from violence in Indonesia, focusing on the implementation of Law Number 35 of 2014 concerning Child Protection. The research methodology employed is a normative juridical approach with analysis of primary and secondary data. Primary data includes the law itself, its implementing regulations, and court decisions related to child abuse cases. Secondary data comprises legal articles, academic journals, and reports from the Indonesian Commission on Child Protection (KPAI). The findings indicate that Law Number 35 of 2014 provides a comprehensive legal framework for protecting children from various forms of violence. However, its implementation faces challenges in terms of consistent law enforcement, access to adequate social and mental health services, and the need for increased public awareness. Case studies such as that of Janna Amira Priyanka underscore the urgency of improving child protection from violence. Recommendations from this research include enhancing the capacity of law enforcement agencies, expanding social service networks, educating and raising awareness among the public about children's rights, and improving inter-agency coordination to effectively enhance child protection in Indonesia.

Legal Protection Of Underage E-Sports Players Related To Employment Agreements With E-Sports Companies

The purpose of this study was to be able to determine and analyze the legal protection arrangements for electronic sports players (E-Sports) that fall into the category of minors as it is known that children who are in their teens can not do much, therefore the employment agreement requires written permission of the parents. The author uses normative research methods, the nature of analytical prescriptive research. The results and discussion in this study concluded that legal protection for e-sports players with e-sports companies in principle work agreements have been preventively regulated in the law on sports, the Civil Code including special rules PBESI Regulation No. 034/PB-ESI/B/VI / 2021 as a form of regulation of E-sports legal protection in Indonesia. It's just that in terms of repressive legal protection through PBESI Regulation No. 034/PB-ESI/B/VI / 2021 regarding dispute resolution still contains weaknesses, as it is known that children before working ‘must obtain written permission from their parents and a work agreement is made with their parents’, while the regulation does not explain the involvement of parents in dispute resolution. Thus it is necessary to make changes to Article 43 paragraph (1) PBESI Regulation No. 034/PB-ESI/B/VI / 2021 on the implementation of E-sports activities in Indonesia.

Efforts to Improve Legal Protection for Consumers in Electronic Transactions

The field of business law is evolving rapidly, driven by technological advancements. As technology progresses, the law must also adapt to keep pace with the changing times. In Indonesia, the concept of online sales and purchase transactions (e-commerce) has begun to emerge, potentially leading to legal challenges. Consumer protection in Indonesia is governed by Law No. 8 of 1999 on Consumer Protection. This article will provide a brief discussion on consumer protection in e-commerce transactions and explore how Indonesia's legal framework regulates relevant consumer protection laws to address issues between consumers and businesses.

Constitutional Rights and Environmental Protection in Indonesia from a Legal and Policy Perspective

Constitutional Rights and Environmental Protection in Indonesia from a Legal and Policy Perspective

Shifting Paradigms: The Controversy and Complexity of LGBTI Protection in Indonesia as the Biggest Muslim Country

The existence of Lesbian, Gay, Bisexual, Transgender, and Intersexual (LGBTI) as a legal subject in a religious community like Indonesia is very problematic. When religious values control a community, the members will use their holy books to measure whether any commotion or condition is tolerable. Collisions between the law of religion (such as Sharia Law of Muslims) and national law are sometimes unavoidable. Most conservative religious values may not protect and acknowledge the existence of LGBTI people, while national law must recognise the ratified international conventions, especially regarding human rights. It creates a different treatment between national law and religious law. Protection of the rights of LGBTI in Indonesia is barely reported. This study will be important to share how Indonesia copes with LGBTI legal problems and protections. The method of this study is a juridical normative study, by evaluating Indonesian positive law, the living law ruled by the Indonesian Court Decrees, and any decree or decision made by Indonesian executive and judicative bodies, which become the basis for determining the existence of rights and protections of LGBTI people. Classification of the protection from various sectors of laws will be identified, to conclude the protection level of LGBTI people in Indonesian law. Keywords: LGBTI; Indonesia; Positive law; Religious values.

Legal Politics and Data Protection in Indonesia: A Case Study of the National Data Center Hacking

Introduction: This article analyzes the politics of law and data protection in Indonesia through a case study of the hacking of the National Data Center. The incident highlights significant vulnerabilities within the national data protection framework and the legal implications arising from such breaches, emphasizing the urgent need for robust legal measures to safeguard sensitive information.Purposes of the Research: The purpose of this article is to thoroughly evaluate legal policies related to data protection in Indonesia, examining the challenges and opportunities for improvement. By focusing on the hacking incident of the National Data Center, the study aims to provide insights into potential policy enhancements to better protect data in an increasingly digital world.Methods of the Research: This research employs normative research methods with a comprehensive case study approach. Data is obtained through detailed analysis of legal documents, pertinent regulations, and relevant literature. This methodology aims to offer an in-depth understanding of the current state of data protection policies in Indonesia and identify areas requiring legislative and regulatory improvements.Results of the Research: The findings reveal that current data protection policies in Indonesia are insufficient to counter advanced hacking threats. This study offers recommendations for strengthening regulatory frameworks and implementing tighter supervision to enhance national data security. It introduces a new perspective on the dynamics of data protection law politics in Indonesia, contributing to the broader discourse on data security.

UNVEILING THE LEGAL COMPLEXITIES SURROUNDING DUAL USE OF CHEMICAL IN GLOBAL AND INDONESIAN CONTEXTS

The use of white phosphorus as a weapon is highly dangerous, causing direct physical damage to victims and environmental harm. White phosphorus is just one of many dual-use chemicals that have industrial benefits but also pose significant health and environmental risks. This situation leads to violations of fundamental human rights. This study discusses the legal complexities related to the use of dual-use chemicals in both global and Indonesian contexts, with a focus on Indonesia’s Health Law No. 17 of 2023. The research aims to identify legal gaps in the regulation of hazardous chemical use, from both international and national perspectives, and to provide recommendations for improving national regulations to better protect the public from the threats posed by dual-use chemicals. This study uses a normative legal approach with descriptive-analytical methods. It evaluates the gaps between national and international regulations on dual-use chemicals and the practical impact of these differences on public health protection in Indonesia. The study finds significant gaps between national and international regulations, particularly in terms of oversight and regulation of dual-use chemicals. The implementation of current health laws in Indonesia remains weak. International regulations are stricter, but they have not been fully integrated into national policies, resulting in gaps in public health protection from the threats posed by these chemicals.

DATA PRIVACY AND CONSTITUTIONAL RIGHTS IN INDONESIA

This article explores the connection between data privacy and constitutional rights in Indonesia, particularly within the framework of a democratic rule of law. The 1945 Constitution of Indonesia guarantees citizens' fundamental rights, including security and privacy. However, the rapid advancement of information technology has introduced new challenges for personal data protection. Currently, Indonesia's regulations, such as the Electronic Information and Transaction Law (ITE Law), lack comprehensive measures to safeguard data privacy rights, as they are sectoral and fragmented. This article highlights the necessity of enacting the Personal Data Protection Bill (RUU PDP) as a crucial step in strengthening the legal framework for data privacy protection in Indonesia. Additionally, it compares international regulations like the General Data Protection Regulation (GDPR) in the European Union, as well as data protection laws in neighboring countries like Singapore and Malaysia. The article underscores that prioritizing the protection of personal data privacy rights is essential for safeguarding constitutional rights and individual dignity, as well as for fostering a secure and trustworthy digital ecosystem in Indonesia.

CHILDRENS PRIVACY RIGHTS BASED ON THE THEORY OF DIGNIFIED JUSTICE IN INDONESIA

Child data protection is a mandate of the constitution of the Republic of Indonesia. The purpose of this study is first, to find out the provisions of childrens personal data protection in Indonesia, Second, critical notes on the regulation towards protection of childrens personal data. Third, the perspective of the theory of dignified justice related to the protection of childrens personal data. The research method used is normative legal research. The results of the study are first, the protection of childrens personal data in Indonesia has been regulated in the constitution, namely Law Number 27 of 2022 concerning the Protection of Personal Data (UU PDP), which is the embodiment of Article 28 G paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Second, the PDP Law regarding the protection of childrens personal data still seems simple as assessed from the legal substance of the parental consent mechanism, verification, audit monitoring and the lack of a risk-based approach. Third, dignified justice aims to humanize humans as creatures of God Almighty, by placing children in their true position in technology and personal data. Dignified justice is carried out through a multi-stakeholder cooperation through the synergy of parents, companies, government, educational institutions, and the press. In the end, the goal is the creation of sustainable protection for childrens privacy data because children are the future assets of a nation.

Implementasi Perlindungan Data Pribadi Berdasarkan Undang-Undang Nomor 11 Tahun 2020

The protection of personal data is becoming increasingly important in today's digital era, where information and communication technology is rapidly advancing. This raises the risk of data breaches that can have negative impacts, ranging from identity theft to harassment. The personal data protection law has become crucial for regulating the management and protection of such data, with the aim of providing a clear legal framework. Personal data protection includes the definition and scope of personal data as well as fundamental principles such as transparency, limitation of use, and data security. The regulation of personal data protection in Indonesia has evolved over time, with Law Number 11 of 2020 concerning Information and Electronic Transactions serving as a more comprehensive legal foundation. This research employs a descriptive approach, document analysis, and previous studies. Data analysis is conducted qualitatively to describe the implementation of the Personal Data Protection Law in Indonesia as well as the factors influencing it. The implementation of this law faces challenges, such as the gap between policy formulation and its execution, a lack of public awareness, and inadequate infrastructure. However, supporting factors like public campaigns and infrastructure improvements can strengthen the implementation of the law. Despite the challenges, the implementation of the Personal Data Protection Law in Indonesia can be improved through increased public awareness, investment in infrastructure, and collaboration among stakeholders. This recommendation is expected to effectively strengthen personal data protection in Indonesia.

Juridical Analysis of The Role of The Sea and Coast Guard in Improving Maritime Security and The Environment

Maritime security and environmental protection in Indonesian waters, especially in Tanjung Uban, are strategic issues considering the high level of shipping activities and potential threats to marine ecosystems. This study focuses on the juridical analysis of the role of the Marine and Coast Guard Unit (KPLP) in improving maritime security and environmental protection, with a case study at the Tanjung Uban Class II Marine and Coast Guard Base. The purpose of this study is to evaluate the effectiveness of the implementation of the duties and functions of the KPLP based on the existing legal framework, identify the obstacles faced, and provide recommendations to improve the performance of the KPLP. The research method used is a qualitative approach with descriptive analysis, including document studies, field observations, and interviews with related parties. The results of the study show that although KPLP Tanjung Uban has a strong legal foundation, the implementation of their duties and functions is still not optimal. The main obstacles include limited resources such as adequate personnel and equipment, lack of continuous training which results in low personnel competence, and ineffective coordination with related agencies such as the Indonesian Navy and Bakamla. The low awareness and compliance with safety and environmental regulations among maritime industry players also exacerbates the situation. Based on these findings, this study provides several suggestions. For KPLP, an increase in the budget is needed for the procurement of resources and equipment, as well as continuous training for personnel. For the public, especially ship owners and other users of waters, it is important to increase awareness and compliance with maritime and environmental regulations through active participation in education and socialization programs. Meanwhile, the government must strengthen coordination between relevant agencies through the establishment of regular coordination forums and integrated information systems, to ensure better synergy in surveillance, law enforcement, and emergency response in the waters of Tanjung Uban. This research is expected to make a significant contribution to improving maritime security and environmental protection in Indonesia, as well as becoming a reference for the development of more effective policies and strategies in the management of water areas

Guardians of Privacy: Unraveling the Tapestry of Personal Data Protection in Indonesia and France

Guardians of Privacy: Unraveling the Tapestry of Personal Data Protection in Indonesia and France

Perlindungan Data Pribadi Serta Faktor-Faktor Penghambat Penyidikan Tindak Pidana Penyalahgunaan Data Pribadi Studi di Direskrimsus Polda Lampung

The object of discussion in this study is the form of personal data protection and the factors that hinder investigations into criminal acts of misuse of personal data. This research aims to determine the form of protection of people's personal data and the obstacles in the process of investigating misuse of personal data. This research method uses a normative juridical approach because it examines legal aspects and legal rules using literature material. The research specifications use descriptive analysis laws. The research results show that forms of personal data protection in Indonesia exist and are regulated in Law Number 27 of 2022 concerning Personal Data Protection, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, as well as Government Regulation Number 71 of 2019 concerning Implementation of Electronic Systems and Transactions. The inhibiting factors for the Lampung Regional Police's Ditreskrimsus in carrying out investigations into misuse of personal data include legal instrument factors, apparatus factors, facilities and infrastructure factors, community factors and cultural factors.

Protection of Children's Rights: A Review of Child Marriage Policies in Indonesia, Malaysia, and India

Introduction: Child marriage is a phenomenon that continues and develops, the low knowledge and understanding of the community towards the perception of marriage. Child marriage should not be allowed anywhere in the world as it is a practice that violates general human rights and discriminates against women. Purposes of the Research: In this research, the author will compare the prevention of child marriage in Indonesia, Malaysia, and India.Methods of Research: This research uses a normative juridical approach method. Researchers will study and examine the factors that cause child marriage and its legal protection to prevent child protection in Indonesia, Malaysia, and India. This research uses descriptive analytical research specifications by determining the laws and regulations relating to legal theories that are the object of research.Results of the Research: Indonesia increased the minimum marriage age for both sexes from 18 to 19 with the enactment of Law No. 16 of 2019. Malaysia, meanwhile, sets a maximum marriage age of eighteen. Initiatives to reduce the legal age of marriage, especially for women, have been made in both nations for socio-political and socio-cultural reasons. Alongside these initiatives, India has also ratified several conventions designed to end child marriage. These include the 1976 International Covenant on Civil and Political Rights (ICCPR) and the 1976 International Covenant on Economic, Social, and Cultural Rights (ICESCR), as well as the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.

Protection of Human Rights in Pancasila Democracy

Pancasila serves as the foundation of the Indonesian state and the principal ideology guiding the formulation and implementation of government policies. This research aims to provide evaluative and informative material on Pancasila from a human rights perspective. The study falls within the juridical-normative category, involving the examination of theories, concepts, legal principles, and regulations pertinent to the research subject. Specifically, this research seeks to evaluate and elucidate the human rights dimensions embedded within Pancasila values. Pancasila underscores the protection of individual rights as articulated in the 1945 Constitution, which guarantees fundamental rights such as the right to life, the right to freedom of religion, and the right to education. This study examines the protection of human rights within the context of Pancasila democracy in Indonesia. Utilizing a literature review and an empirical data approach, the article delves into the philosophical and legal underpinnings of Pancasila democracy and its implications for human rights protection in Indonesia. As the state ideology, Pancasila democracy emphasizes the importance of participation, justice, and welfare for all citizens, including the safeguarding of human rights. In Pancasila democracy, the protection of human rights is a paramount responsibility of the Indonesian state. By strengthening law enforcement, ensuring the fair application of laws, and fostering active societal participation, Indonesia can guarantee and respect the rights of every citizen in alignment with the democratic principles of Pancasila.

Pemenuhan Hak-Hak Anak dalam Kehidupan Pedagang Asongan Anak di Kecamatan Binjai Kota, Kota Binjai

Children are the next generation of the nation who truly deserve to be protected and have their rights fulfilled. In Law No. 23 of 2002, this law regulates child protection in Indonesia. Through this law, children's rights are recognized and guaranteed, including the right to live, grow and develop, the right to education, the right to health, the right to protection from violence, exploitation and discrimination, and the right to participate. The aim of this research is to analyze the fulfillment of the rights of children who work as hawkers in Binjai Kota District based on theories, variables and realities that explain how children's rights are fulfilled in the lives of child hawkers. This research is of a qualitative type with data collection techniques in the research carried out by combining (triangulating) the process of in-depth interviews, observation and documentation. Then the data was analyzed by the researcher qualitatively and ended by drawing conclusions from the results of the research that had been carried out. The results of the research show that children's rights in the life of child hawkers are not fulfilled. It is recommended that the community continue to pay full attention to children who work as hawkers and also help reduce children's dependence on work as hawkers.

Striking a Balance: Streamlining Environmental Licensing for Business Growth and Environmental Protection in Indonesia

Indonesia's environmental licensing process is critical for regulating business activities and safeguarding the environment. This analysis explores the interaction between this process and the government's recent efforts to enhance "ease of doing business." Before streamlining measures, obtaining environmental permits was a complex and time-consuming ordeal. Businesses faced difficulties meeting stringent requirements and navigating a bureaucratic labyrinth. The "ease of doing business" provisions aim to simplify procedures and expedite permit acquisition, ideally without compromising environmental protection. The paper emphasizes the importance of achieving a balance between efficiency and environmental protection. While streamlining can improve business competitiveness, a decline in environmental impact assessment quality could have negative consequences. The discussion also explores the various obstacles hindering the current licensing process, including complex bureaucracy, high costs, and limited interagency coordination. To overcome these challenges, the paper suggests measures to simplify procedures, improve communication between government agencies, and raise environmental awareness among businesses. By effectively integrating ease of doing business with environmental considerations, Indonesia can create a more efficient licensing system that fosters sustainable economic growth.

ANALYSIS OF LEGAL PROTECTION FOR CONSUMER LOSSES DUE TO BUSINESS PERFORMER'S BREACH OF CONCERT ORGANIZER

Currently, the music industry has become one of the most popular forms of entertainment among various segments of society. In this context, music concerts have become a significant source of revenue for promoters. However, it is not uncommon for promoters to neglect their responsibilities as business operators, resulting in losses for consumers who have purchased concert tickets. This research aims to examine the legal protection available to consumers who suffer losses due to the breach of contract by concert organizers. The research method used is a normative legal approach, analyzing legal issues through relevant legislation. The legal materials for this research are derived from primary and secondary legal sources, including legislation and related research findings on the subject matter. The research results indicate that consumer protection in Indonesia remains a serious concern, as business operators frequently fail to fulfill their obligations and violate consumer protection laws, leading to consumer losses. Therefore, this study provides an explanation of the protection available to consumers to seek legal remedies for their losses, including claims for compensation in accordance with Article 45 of Law Number 8 of 1999 concerning Consumer Protection.