Transactions Law Research Articles

Договор исламской рассрочки (мурабаха): понятие, существенные условия и сравнительно-правовой анализ

The authors subject to legal analysis one of the varieties of Islamic financial transactions — the Murabaha contract. At the same time, the legal characterisation of the Murabaha treaty is given from the standpoint of Islamic law in the comparative context of Russian law. In this connection, the purpose of the work is to characterise the murabaha contract, its essential conditions and to identify the main criteria for similarities and differences in approaches to this type of transactions in Islamic law and Russian civil legislation. The main difference between murabaha contracts and a contract of sale with instalment payment under Russian law is that, according to Russian law, the goods are considered sold to the buyer on credit, i.e. such a transaction implies a loan element and the possibility of obligating the buyer to pay interest on the overdue amount (Article 488 of the Civil Code), which, in turn, is forbidden by sharia. The murabaha contract refers to a type of transaction between the parties in which the sale of goods at a price equal to the purchase price plus a certain agreed margin occurs. Such contract involves no hidden interest, fines, penalties and commissions, i.e. there is no place for usury (riba). All this guarantees minimisation of the risks of disputes for both parties as much as possible, assumes the good faith of the participants in the transaction, which increases the confidence of the parties to each other and to the business as a whole. In this connection, such a financial model is defined as ethical financing.

Eksistensi Hak Kebebasan Berpendapat Terkait Mengkritik Kebijakan Pemerintah Yang Terancam Oleh UU ITE

Freedom of speech is the right for every human being or individual to speak freely for his or her opinion, and is included in the classification of personal rights in human rights. So the right to freedom of opinion is part of one of the human rights that relates to a person's personality. The purpose of this research is to find out the existence of the right to freedom of speech in criticizing government policies which in reality are limited by the ITE Law. The method used in this research is normative law by collecting primary and secondary data from regulations, books, journals, and documents related to the research. The results of this study found several cases related to the right to freedom of speech that is restricted by Law Number 19 of 2016 concerning Electronic Information and Transactions Law.

The Forms of Legal Protection of Patient Medical Records in Online Health Services

Health services online should have special regulations, the goal is that online consultations on medical records must be protected by law for the protection of doctors, system administrators, and patients. The purpose of this research is to analyze the Legal Basis for the Implementation of Online Health Services, Forms of Legal Protection of Patients against Online Health Services and Patient Rights as Users of Online Health Services & Responsibilities of Online Health Service Providers in Aspects that Harm Patients. The methodology uses normative juridical with a legal and conceptual approach. Health services performed by doctors online must comply with the Information and Electronic Transaction Law, the Health Law, and the Medical Practice Law and related regulations. The confidentiality of patient data must be maintained and must maintain data security to avoid data leakage which will be misused by people who do not have rights. The patient must provide the correct complaint so that the doctor can give the right advice. Patients have the right to choose a doctor who has the ability and expertise and the right to receive clear information regarding their health. If there is no meeting point on the existing problems, a lawsuit can be filed in court.

The Role of Criminal Law in Overcoming Negative Content on Social Media : A Perspective on Information Law And Electronic Transactions

The Electronic Information and Transaction Law (UU ITE) in Indonesia has become the legal basis for overcoming negative content on social media. The ITE Law aims to regulate and supervise electronic transactions and provide legal protection for users and electronic service providers. Regarding the problems studied in this study, the authors chose the following approach: 1) statutory approach, 2) analytical approach, 3) conceptual approach, and 4) case approach. In this way, we can conclude that Law Number 19 of 2016 concerning Information and Electronic Transactions has a role in being able to ensnare perpetrators of uploading negative content on social media as a criminal element for uploads in the form of decency.

Implementation of the Electronic Information and Transaction Law on the Culture of Online Buying and Selling Transactions in Protecting Consumers

Technological developments bring changes to human life, especially social and cultural aspects. Technological developments lead to discoveries. One of them is the ease of buying products that were originally done conventionally to become digital. However, technological developments have given rise to cybercrime, namely in the form of fraud in buying and selling transactions through electronic media. The method used is qualitative research, which aims to describe and analyze changes in behavior in the community related to buying and selling activities that were originally done conventionally to become digital. In online buying and selling transactions, its application requires protection in the UUPK and the ITE Law but in the ITE Law article 28 paragraph (1) when implemented the article makes various assumptions about who the legal subject found in the interpretation of differences of opinion which states that the subject must be a producer while the elements clearly state each person, this confuses the standard as to what constitutes a person as a consumer. In the application of the ITE Law, it is felt that it is still not absolute in fulfilling legal certainty because it does not have a broad meaning about who a consumer is so the phrase should be given a detailed explanation to create legal certainty against potential violations in online buying and selling transactions, of course, with the hope that this regulation can successfully answer public concerns. will guarantee and feel safe when shopping online.

ILLEGAL ACCESS THROUGH "WIRELESS FIDELITY" IN CRIMINAL LAW

The internet is a sophisticated tool for exchanging information, various fields from law to medical sciences (medicine) have also used the internet on a large scale. The use of wireless fidelity is also quite attractive for those who need free internet access. But it is undeniable that in addition to some people hoping to use the free internet, it will also cause the desire of people who want to use it as a means of other crimes. The purpose of this study is to examine cases of internet data theft through wireless fidelity within the scope of criminal law. Our criminal law as the backbone, namely the Criminal Code, was used to study this problem (historical interpretation) and today there is a Telecommunications Law and an Electronic Information and Transaction Law. While using internet access without someone else's permission, is a violation of the law. Before entering into the study of how much loss quota (intangible objects) were stolen, the perpetrators had actually been able to be suspected by illegal access.

Application of Law Based on the Principle of Lex Spesialis Derogat Legi Lex Generalis in the Crime of Online Gambling (Decision Number 232/PID.B/2022/PN.CBD)

Background. The existence of internet technology can make it easier for people to get information and facilitate communication, but the internet can also have a negative impact on society, one of which is a medium for finding information or sites that contain gambling. This can change the pattern of ordinary or conventional gambling to gambling with internet media or what is commonly called online gambling, so that it can be accessed anytime and by anyone. Purpose. Gambling is a prohibited act as stipulated in Article 303 of the Criminal Code, 303 bis of the Criminal Code, and Article 27 paragraph (2) of the Law on information and electronic transactions. In verdict number 233/Pid.B/2022/Pn.Cbd the author found a discrepancy in the application of the article, so the problem in this study is "How is the application of the law of online gambling in verdict number 232/Pid.B/2022/Pn.Cbd?". Method. This research uses normative juridical types contained in laws and court decisions, as well as legal norms that exist in society. Results. The results in this study are that the public prosecutor's indictment has used a single charge by applying article 303 paragraph (1) 2 of the Criminal Code and the judge has decided in accordance with the public prosecutor's indictment. Conclusion. This can make law enforcers override the principle of lex spesialis derogate legi lex generalis, because they do not apply article 27 paragraph (2) of the Electronic Information and Transactions Law.

Kredibilitas Informasi di Era Post-Truth Dikalahkan Kecepatan Informasi: Pengabaian Undang Undang Informasi dan Transaksi Elektronik

Many people choose social media as a source of information that is considered the fastest and most up-to-date without knowing its credibility for sure. In the post-truth era, social media has shifted the power of logic and facts, and often the information on it is considered true. This study aims to gain an understanding of the credibility of information uploaded by the Twitter account @AREAJULID. By using a virtual ethnography approach. This qualitative research explores the existence of a phenomenon of attraction between the influence of information speed and information credibility. The results of the search on the @AREAJULID account show that many followers of the account have the assumption that the speed of content uploaded by @AREAJULID makes it a trusted source of information. They even disseminate the information by retweeting and sharing the link on other social media channels such as Facebook, TikTok and WhatsApp. The followers' actions ignore the existence of the Electronic Information and Transaction Law. The post-truth era makes the @AREAJULID account a credible source of information precisely because of the speed of uploading and not because of the truth of the information. Keywords: post-truth, virtual ethnography, information credibility

Due Process in a Search of Electronic System by Patrol Officer

The criminal justice system has stipulated the legal framework for a fair and justifiable search. A search is justifiable when there is a subpoena, or strong suspicion of crime by the police. However, the coercion and arbitrary act of a law enforcement officer are still in practice, for instance like the case portrayed in East Jakarta. Although the case did not represent entirely the behaviour of all of the law enforcement, the standard of fair search must be enforced. This article discusses the legal procedures of a justifiable search of electronic systems suspected to be a tool of a crime and determines whether this search would violate a right to privacy. It provides academic discussion and evaluation of criminal law procedure in practice. The main discussion is conducted using doctrinal research, scrutinizing the provisions within Electronic Information and Transaction Law (EITL), Criminal Law Procedure Law (CLPL), and Personal Data Protection Law (PDPL) to determine the parameters of justifiable search of an electronic system conforming to the due process of law. The research finds that not every patrol officer has the justified measures to do a search on an alleged person, unless there is enough probable cause to do so as stipulated in the CLPL. The searches of a civilian cell phone which is not in accordance with CLPL, EITL, and PDPL should be considered as illegal and the officer who conducts them should be held accountable for it.

Efektivitas Keabsahan Kontrak Elektronik Berdasarkan Hukum Positif di Indonesia

The development of the current era is very rapid along with technology. In the field of contract law, there is a term of electronic contract. The purpose of this research is the effectiveness of the implementation of legality and optimization of electronic contract arrangements based on positive law provisions. The research method used in this study includes normative juridical legal research. Also used statute approach method and conceptual approach. This study uses secondary data which consists of legal materials used in primary legal materials in the form of applicable laws and regulations, secondary legal materials, and tertiary legal materials. This study uses a descriptive qualitative analysis technique. The legal basis governing electronic contracts in Indonesia is the Electronic Information and Transaction Law, Government Regulation Number 24 of 2018, Government Regulation Number 71 of 2019, and Government Regulation Number 80 of 2019. The implementation of electronic contract has not yet been implemented to achieve legal objective for the parties and the application of the validity of electronic contracts is still lacking on several sides.

Discourse network on the revision of Indonesian information and electronic transaction law

Freedom of speech is one of the pillars of democracy that is being problematised as new media technologies are increasingly used in people's lives. In Indonesia, this can be seen in the debate over the UU ITE, passed in 2008, one aspect of which regulates the dissemination of information, fake news, and the like in the digital public sphere. For its critics, several articles in the UU ITE threaten freedom of expression and are considered a factor in the democracy regression in Indonesia. Using the DNA method, this research investigates the discourse and actors involved in the debate and how the discourse network is shaped. There are two periods covered, namely October 2016 to December 2016 and February 2021 to June 2021, when the government issued an official explanation or further regulation of the ITE Law. From three prominent online media (Kompas.com, detik.com, and Tirto.id), 359 articles were obtained and then coded based on actors and discourses. Therefore, this research shows the discourse coalition on the issue of freedom of speech. This research shows that the second period of debate involved more actors and discourses and changed the discourse network. There are realignments of network coalition by the state apparatus to be more supportive towards the more democratic discourse, although it is not necessarily materialised in the policymaking decision.

Information Technology in the Implementation of Land Registration Activities: The Implementation Side

This study aims to determine how the implementation of land registration activities through information technology activities at the Regional Office of the National Land Agency of South Sulawesi Province in the Division of Determination and Registration of Rights and what factors affect land registration activities through the application of information technology at the Regional Office of the National Land Agency of South Sulawesi Province in the Division of Determination and Registration of Rights. The results of this study indicate that the implementation of land registration activities through the application of Information Technology in the Regional Office of the National Land Agency of South Sulawesi Province was implemented on Law of Information and Electronic Transactions. In addition, related to the implementation of technology utilization, of course, there are problems that are present, one of which is external factors in land registration, community factors are very influential on the smooth process of land registration activities. Without community support, community activities will not run effectively. And internal factors sociologically, every law enforcer has a position and role. The position is a container in which certain rights and obligations are contained. In order for this to work as desired, the author suggests that there needs to be more attention to communication aspects and aspects of service quality at the Regional Office of the National Land Agency of South Sulawesi Province in the Division of Determination and Registration of Rights. This is because there are still employees who do not understand the national land management information system policy well. And it is also necessary to improve the quality of service by paying attention to supporting factors in making services easier and faster. And the need for additional human resources or recruitment of new employees who are able to apply Information Technology, the need to improve the quality of a better internet network and improve/update existing hardware and application software and improve KKP applications managed by the central BPN, and the need for counseling/understanding of land registration activities to the community.

Kedudukan Alat Bukti Elektronik dalam Pembuktian Tindak Pidana

The legal implications caused by social change, especially technological developments (electronic devices) lie in the need for evidence by presenting electronic evidence in court. In Indonesian criminal law, the use of electronic evidence has actually been regulated. This study aims to determine and analyze the status of electronic evidence, especially in criminal trials after the enactment of the ITE Law and to find out the role of electronic evidence in Indonesian criminal law. Then it is reviewed and analyzed the characteristics and analysis of the electronic evidence so that it can be used as a reference for the judge's opinion in court. This search is a library search or literature search. The material is taken from various literature related to research. This journal writing method uses normative legal methods using statutory approaches and conceptual approaches. The results of the study show that the Criminal Procedure Code is still general in nature and does not recognize evidence in electronic form that can be used as a source of interest as evidence in court cases, electronic evidence itself is a form of expansion/development of evidence guidance so that in the Criminal Procedure Code the status is electronic evidence evidence.. Based on a survey on the status of electronic evidence in Indonesian criminal law, the status of electronic evidence according to ITE (Electronic Information and Transaction Law) is considered valid as long as the authenticity of the evidence can be proven and recognized by professionals. and submitted in accordance with applicable regulations.

Penyelesaian Sengketa Transaksi Tanah Adat

This study discusses the legitimacy of customary land transactions, land ownership by conducting land transactions, the emergence of disputes from customary land transactions, and the process of resolving disputes over customary land transactions through litigation and non-litigation channels. Purposes of the Research: To find out the legitimacy of customary land transactions and find out about the dispute resolution process of customary land transactions. This study uses the Normative Law research method which is carried out by examining legal materials related to the problems being studied, using statutory and conceptual approaches, and using primary and secondary data and analyzed descriptively. Results of the Research: Basically transactions are made individually, the transaction still may not conflict with normative provisions that exist in society (requirements for the validity of the agreement/transaction; legal reasons). Because it cannot be separated from society, transactions in customary law can only be said to be valid if individual interests are balanced with the interests of society. In the process of resolving customary land transaction disputes, litigation and non-litigation can be carried out. Settlement of disputes over customary land through litigation as a settlement of disputes between parties which is carried out through examinations before judges in court institutions, in the development of the times the community's need for justice and prosperity is getting bigger. So the settlement of disputes through litigation or courts is gradually felt to be less effective, the settlement of land disputes through litigation is felt to take too long and costs quite a lot. This situation causes justice seekers to look for other alternatives, namely by resolving disputes outside the formal court process, an alternative known as dispute resolution through non-litigation channels.

Perlindungan Hukum Terhadap Data Pasien Telemedicine Dalam Menerima Pelayanan Medis Berbasis Online

The implementation of telemedicine healthcare services utilizes electronic systems that are susceptible to hacking and illegal access by unauthorized parties. Article 15 of Information and Electronic Transactions Law, which is responsible for data security in electronic system providers, still lacks clear norms that require legal certainty in telemedicine implementation. In practice, data breaches are frequently found in electronic system providers. This has the potential to create legal risks that may result in the violation of patient data confidentiality and medical records through telemedicine applications. This research aims to identify and analyze the legal protection for patient data in telemedicine, as well as the efforts and criminal liability of healthcare service facilities regarding patients' personal data during online medical services. The research adopts a normative juridical approach with a statute approach to legal provisions. The data analysis method used in this research is qualitative normative analysis of primary and secondary data. The findings of this research highlight the legal protection for patient data in telemedicine, as stipulated in the Republic of Indonesia Law Number 27 of 2022 concerning Personal Data Protection, along with policies implemented by healthcare service facilities as controllers of personal data. The legal protection for telemedicine patient data includes personal data and medical records, while the accountability of healthcare service facilities entails administrative sanctions and imprisonment in accordance with the Personal Data Protection Law if unlawful acts that harm patients, such as data breaches or the release of false data. Patient data, including personal information and medical records, are crucial and confidential, thus requiring protection.

Electronic Information and Transaction Law, a means of information control in libraries

The Ministry of Communication and Information of the Republic of Indonesia reported increased hoax news in society. Libraries as information management institutions require information control tools so that the information served complies with legal and ethical principles. Various problems often occur in libraries, such as copyright infringement and the discovery of adult content in children’s collections. The Law on libraries regulates collection management but does not explicitly stipulate what collections are permitted and prohibited. This study aims to find out Electronic Information and Transaction Law, a means of information control in libraries. This research used the content analysis method. It used quick note techniques and member checks to obtain data. Data analysis used the Miles and Huberman model. Data validation was performed through credibility testing using triangulation, transferability, dependability, and confirmability. According to the Law, legal and ethical information do not violate Intellectual Property Rights and moral norms and protect personal rights. Information also does not contain gambling, insults, defamation, extortion, violence, or threats. Information was also not fake, misleading, or hateful news. The information must be relevant, not derived from wiretapping, and free from content prohibited by the State. Based on these findings, libraries can adopt Law Number 19 of 2016 concerning Electronic Information and Transactions as a tool for information constraints because it follows the goals of libraries to provide legal and ethical information services.

THE ROLE OF CYBER NOTARY IN THE FIELD OF DIGITAL INTERNATIONAL TRADE IN INDONESIA

In Indonesia, a notary refers to a public official appointed by the Government to perform some of the Government’s functions in the field of civil law. In the context of Cyber ​​Notary, the task of a public notary official is more to execute administrative processes combined with security technology by affixing a stamp/seal to a document/agreement file as a form of administration or registration of documents. This research is normative legal research. In this study, the legal materials which had been collected were analyzed in several stages, such as description, systematization and explanation. Philosophical nature of cyber notary in providing legal services to the community is based on the fundamentality of the theory of legal certainty which brings justice and legal certainty to the community into reality, especially through deeds made. The concept of cyber notary is to support Indonesia in the field of international trade based on UNCITRAL. Implementation of the UNCITRAL Model Law on Electronic Commerce in the application of electronic signatures in Indonesia has admittedly been regulated, such as in Article 11 paragraph 1 of the Electronic Information and Transaction Law and Article 59 paragraph 3 of Government Regulation No. 71 of 2019.

The Strength of the Deed of Deposit for Electronic Contract Conducted by Notary in Electronic System Implementation in Indonesia

The notary has an authority to certify deeds and has other authorities. Notary products, in the form of deed of deposit, function to rewrite contracts made by persons who have been verified by Electronic System Operators, that the electronic certificates of the parties are indeed authorized to sign the electronic contract and provide guarantees that the contract has actually been made on their platform so that physical (printed) evidence of the electronic agreement made by the parties can be printed through and verified in advance by the service provider electronic system operator. This paper aims to analyze the validity of deed of deposit ("van depot" deed) made by a notary on electronic contracts in the implementation of electronic systems in Indonesia. The research method used is normative, with using secondary data obtained from library research, including primary, secondary, and tertiary legal sources. Whereas the deed of deposit or "van depot" deed is an certified deed made by a notary for the authority he has in making certified deeds. The deed of deposit or "van depot" deed provides the storage of a document that is kept by a notary, which furthermore explains in the deed of deposit that the applicant orders to the notary to keep a document, which is owned or given to him so the document will be more secure. The authority of a Notary in making certified deeds in the case of a deed of deposit or "van depot" deed of Electronic Contracts allows a synergy between the Law of Electronic Information and Transactions, Legal Products and Notary Legal Products in the future. Based on the authority of the Notary in making the deed of deposit or "van depot" deed for the electronic contract, what is the form of the deed of deposit or "van depot" deed for the electronic contract. Which title of the Deed must be used: "Deed of Deposit of Electronic Contract" or "van depot" Deed of Electronic Contract"?

LITERASI DIGITAL: SINERGITAS TNI, POLRI DAN AKADEMISI PADA KAJIAN PENGABDIAN KEPADA MASYARAKAT DARI PERSPEKTIF REMAJA MILENIAL SEBAGAI PENGGUNA MEDIA SOSIAL DALAM PANDANGAN HUKUM DI SMA 1 MANCAK KABUPATEN SERANG

Based on the issues in the Mancak District related to teenagers' lack of understanding of legal perspectives, the Mancak community experiences a high rate of sexual crimes, primarily stemming from their consumption of social media. Consequently, numerous teenagers fall victim to sexual harassment due to their use of digital media without a foundation of knowledge regarding the potential consequences and impacts. The issues in the Mancak District concerning teenagers' inadequate comprehension of the legal perspectives of the Information and Electronic Transactions Law (ITE Law), particularly Article 51 Paragraph 2 concerning criminal acts involving the dissemination of content violating religious or ethical norms, are addressed through this Community Service Program (PKM). The program aims to provide understanding and knowledge about using digital smartphones, accessing the internet properly, safely, and healthily, identifying suitable applications for use, with the hope of using these tools wisely. The outcomes of the PKM discussion include emphasizing the importance of digital literacy education for millennial teenagers and the public's consumption of social media while grasping legal aspects. With a deeper understanding of digital criminal actions such as bullying, fraud, or privacy breaches, they can evade behaviors harmful to themselves and others and steer clear of legal problems. Understanding digital ethics, millennial teenagers can interact in a way that respects others and prevents abusive or detrimental actions online. They develop an awareness of risks like online violence, fraud, and identity misuse

Civil legal sanctions for corruption

The article is devoted to one of the little-studied topics in the Kazakh legal literature – civil sanctions of corruption offenses. Since the Republic of Kazakhstan has joined the main Conventions on criminal and civil law means of combating corruption, the authors analyze the content of these Conventions from the perspective of reflecting their provisions in Kazakh legislation. A comparative legal analysis of the content of the Convention on Civil Liability for Corruption and the norms of the Civil Code of the Republic of Kazakhstan showed that the last has enough norms to be used when considering corrupt transactions and the consequences of their invalidity, as well as civil sanctions that play a supporting role in relation to criminal sanctions. However, anti-corruption practice shows that not enough attention is paid to civil liability for corruption. It is noted that many countries, including the Republic of Kazakhstan, have not yet found effective tools for persons who have suffered damage from corruption. It is proposed to transfer all the provisions of civil law illegal transactions contained in the Civil Code of the Republic of Kazakhstan to the Law of the Republic of Kazakhstan On Combating Corruption with the simultaneous definition of the concept of «corrupt transactions», as well as the establishment of the consequences of their invalidity. The main purpose of this article, according to the authors, is to draw the attention of law enforcement and law enforcement agencies to the objective need to identify corrupt transactions committed intentionally but connected by external signs of civil law transactions.