Transactions Law Research Articles

Нотариально удостоверенное медиативное соглашение: вопросы правовой природы и исполнения

The article discusses the nature of a notarized mediation agreement and the features of its execution. It is shown that the mediation agreement has the status of a civil law transaction, contract, and does not have public law properties, including enforceability. The properties of a mediation agreement are analyzed in terms of its notarization. It has been established that indisputable, out-of-court execution is possible only in relation to those notarized mediation agreements that regulate property relations. The absence of an alternative nature of a notarized mediation agreement was stated, which does not prevent its parties from applying to the court with identical requirements. The procedure for considering disputes arising from notarized transactions, in the order of writ proceedings, has been criticized due to its inefficiency. It is proposed to establish the indisputable execution of all types of notarized mediation agreements, and to fix the presence of a notarized mediation agreement as a basis for refusing to accept a statement of claim containing identical requirements. It is recommended to review the status of notarized agreements as evidence in the civil process.

LEGAL FRAMEWORK FOR PROTECTING BANKING TRANSACTIONS IN THE METAVERSE AGAINST DEEPFAKE TECHNOLOGY

Backgorund: In the virtual world of the metaverse, various activities such as banking transactions and blockchain, despite their positive impacts, are not immune to the risks of financial cybercrime, including the use of artificial intelligence deepfake technology. This technology can create seemingly authentic audiovisual content from individuals or customers, leading to data theft, money laundering, and other financial crimes. This research aims to analyze the legal framework governing banking transactions in the metaverse and blockchain, as well as the legal regulations addressing the protection against financial cybercrimes involving deepfake technology. Methods: This research employs the doctrinal legal research method. The approach utilized includes the legislative approach (statute approach), conceptual approach, and comparative approach. It also utilizes primary data sources such as laws and secondary data sources like books, journals, and internet resources related to banking transactions in the metaverse and deepfake technology. Results: The analysis results indicate that the Information and Electronic Transactions Law (UU ITE) and the Financial Services Authority (OJK) regulations in Indonesia do not specifically address banking transactions in the metaverse and blockchain. Additionally, the Personal Data Protection Law and regulations related to crimes involving deepfake artificial intelligence technology are also not specifically accommodated; they currently only have general coverage. This creates a legal vacuum in Indonesia regarding these issues. Conclusion: There are differences in regulations in each country that govern banking transactions in the metaverse and crypto, as well as regulations on cyber financial crimes. Therefore, the government needs to review existing regulations and reconstruct them to govern banking transactions in the metaverse and blockchain. It is also essential to create specific regulations for the protection of personal data and regulations specifically addressing artificial intelligence.

Pemanfaatan Media Sosial Yang Cerdas dan Berakhlak Untuk Meningkatkan Kreatifitas Pelajar Rumah Yayasan Bening Nurani Padang.

Social media seems to have become an addiction for Indonesian people, especially teenagers. Today's teenagers are synonymous with smartphones in their hands almost 24 hours a day. The social media most often used by teenagers include Facebook, Twitter, Path, YouTube, Instagram, Line and Whatsapp. Social media has its own advantages and interests for its users. Social media offers many conveniences that make teenagers feel at home using it for a long time. The emergence of various types of social media has had both positive and negative influences. To prevent negative impacts, for example the spread of hoax news and hate speech expressed by haters from becoming more widespread, the government has made a number of revisions to the articles and paragraphs in the Information and Electronic Transactions Law (UU ITE). With the existence of several deviations or misuse of social media itself, it is felt necessary to provide socialization to teenagers in responding to and using social media intelligently and with morals. So that social media can be useful for developing the creativity of Islamic youth at the youth level, especially at the Bening Conscience Foundation House in Padang

Modern Problems of Void Transactions in the Civil Law of the Russian Federation

The article examines the legal, organizational foundations and a number of topical problems of insignificant transactions in Russian legislation with an indication of the origins of these norms in ancient Roman jurisprudence. The subject of the study is the problems caused by the recognition of transactions as insignificant in modern Russia. The object of the study is the legal provisions of civil law that carry out the legal regulation of void transactions. The purpose of the work is to form proposals that contribute to their leveling by identifying and analyzing the actual problems of the insignificance of transactions. The methods used are dialectical-materialistic, historical, a system of empirical research methods (analogy, modeling) and special methods (formal-logical, system-analytical), etc. The author examines in detail the signs of void transactions, the problems of recognizing the nullity of the transaction; the subject of which is property, with respect to the disposal of which there is an imperative prohibition, restriction. Particular attention is paid to the problems of the insignificance of the part of the transaction. The main conclusions of this study are the following: it is justified to bring into compliance with Article 12 of the Civil Code and the legal position of the Supreme Court of the Russian Federation (Resolution of the Plenum of June 23, 2015 No. 25) with respect to the method of protecting civil rights ("application of the consequences of the invalidity of an insignificant transaction"); to formulate Article 169 of the Civil Code of the Russian Federation in a new edition reflecting the concept of "public interest". A special contribution of the author to the study of the topic is the proposal to specify Article 180 of the Civil Code of the Russian Federation in terms of indicating exceptions to the general rule of invalidation of part of the transaction. The results of the article can be used in improving civil legislation, in law enforcement, in further scientific research. Conclusions: despite the improvement of the norms of civil law, the massive nature of the recognition of transactions as void indicates significant problems, as insignificant transactions in general, as well as parts of these transactions (in practical and scientific-theoretical contexts), requiring optimal solutions.

Criminal penalties for individuals who create stickers with other people's faces

The crime category is people who edit stickers with other people's faces that are distributed via online media. This study uses a legal-normative research method. Data was collected using a literature study on related legal materials and analyzed descriptively. The research results are based on the Information and Electronic Transactions Law (UU ITE) and the Copyright Law. ITE Law Article 32 Paragraph (1) Article 32 Paragraph (1) of the ITE Law states that making WhatsApp stickers with a person's face without permission, which can insult, harass, or harm the individual's reputation, can be considered a violation of this article. Violations of this article may be subject to criminal penalties and/or fines under the provisions of the ITE Law Article 48 Paragraph (1). Article 48 Paragraph (1) regulates criminal sanctions for violations included in the offense of complaints. If proven to violate and offend the person in the photo, they can be subject to sanctions under the ITE Law, according to Article 27 paragraph (3) of the ITE Law, namely under Article 45 paragraph (1) The ITE Law, which states that you can be punished with imprisonment for a maximum of 6 (six) years and/or a fine of a maximum of IDR 1,000,000,000. Implications include increased scrutiny of digital content and potential policy revisions to strengthen legal protections for individuals who are victims of unauthorized use of their faces.

Entrepreneurial Risk in Conditions of Economic Crisis: Analysis of Law Enforcement Practice

The significance of the risk category is generally recognized in Russian civil law. This institution becomes even more relevant in times of crisis, in times of economic instability and market volatility. An analysis of current judicial practice demonstrates that during the COVID-19 coronavirus pandemic and the introduction of sanctions restrictions, entrepreneurs were often forced to resort to amendment and termination of contracts due to a significant change in circumstances and to file claims for exemption from liability for violation of contractual obligations due to the occurrence of the force majeure. Russian courts apply these legal institutions in close connection with the category of business risk, however, due to the lack of a legal definition of this term and the wide variety of concepts of risk in legal doctrine, judicial discretion plays a significant role in resolving cases. Extremely broad discretionary powers of judges and legal uncertainty regarding business risk can lead to destabilization of civil law transactions and negatively affect the economic development of Russia. In this regard, the author advocates consolidating the concept of business risk, as well as its permissible and justified limits, if not at the legislative level, then at least in the explanations of Russian higher courts.

Bank’s Liability in Electronic Fund Transfers and its Legal Effects

The bank, as a legal person, can typically be held legally liable under civil, penal, and administrative law for actions it performs. Liability, in general, arises from contractual obligations or tort. The electronic fund transfer process (EFT) is an example of the bank's contractual obligation. The applicable law and its specificity determine electronic contracts' legality and probative value. This research aims to clarify the position of the Jordanian legislator regarding the EFT payment process and the legal consequences and risks related to this process. It also aims to determine banks' liability for executing EFT operations in case of tort or negligence. The researchers employed the analytical and deductive approach. The results indicated that the Jordanian legislation in Electronic Transactions Law No. (15) of 2015, the system of payment and electronic transfer of funds 2017, and the Banking Law No. (7) of 2019 have granted electronic bonds the same probative value as the traditional bond. However, numerous legislative texts still require revision or replacement to accommodate the demands of commercial and economic transactions. For example, specific regulations for banking e-payment and funding operations and transfers should be included.

The Legal Protection of Personal Data in Fintech peer-to-peer (P2P) Lending Practices: Orientation and Formulation

<em>In the era of digital transformation, one prominent model of Fintech is Peer-to-Peer (P2P) lending, which offers alternative financing access through digital platforms. The protection of personal data in P2P lending becomes crucial as sensitive information such as financial and credit history is collected and processed by these platforms. Data protection regulations, like GDPR, play a vital role in maintaining the balance between Fintech innovation and individual privacy rights. This research aims to discuss the legal protection of personal data within the context of Peer-to-Peer (P2P) Lending in the realm of Financial Technology (Fintech) in Indonesia. The research methodology employed is normative law, using descriptive legal analysis. Data is gathered from various sources, including legal statutes, court decisions, legal literature, and government guidelines related to Fintech and personal data protection. Qualitative analysis is conducted to identify relevant legal provisions, explain their legal implications, and formulate improvement recommendations. The research findings reveal that personal data protection within Indonesian Fintech P2P Lending is governed by a range of regulations, including the Electronic Information and Transactions Law (UU ITE), the amended UU ITE, OJK regulations, and the Ministry of Communication and Informatics regulations. Moreover, the Omnibus Law on Job Creation provides a strong foundation for the protection of consumer personal data. Key principles in personal data protection encompass transparency, explicit consent, data security, limited data usage, fair and ethical business practices, individual rights over personal data, and data integration</em>

The Waqf and its Provisions

This research serves as a part and introduction to a master's thesis in private law at King Abdulaziz University, focusing on the subject of "Waqf" (endowment). The researcher, “Majed bin Abdul Rahman Al-Bahar”, conducted this study under the guidance of Associate Professor of Civil Law, “Dr. Faisal bin Sutouf Al-Assaf”, at King Abdulaziz University in Jeddah. “Waqf" is one of the voluntary contracts that individuals conclude, driven by a desire for reward from Allah Almighty. It is a charitable act aimed at dedicating something beneficial to individuals or entities in need of support and assistance. Due to the importance of "Waqf" in society, this research addresses the answer to the issue of: "What are the legal rulings (ahkam) governing Waqf?" This inquiry encompasses various aspects falling under this overarching issue. The researcher has adopted a descriptive-analytical methodology to answer these questions. This was achieved through the description and analysis of legal articles related to Waqf as stipulated by the Saudi legislations, including the General Authority for Endowments law, the Civil Transactions law, and other relevant regulations. The researcher has arrived at several key findings, with some of the most notable being that Waqf is subject to specific conditions and elements that must be satisfied for its validity. Furthermore, the study highlights that Waqf is characterized by flexibility and inclusiveness, designed to address diverse human needs.

Empowering Batik Artisans: The Synergy of UU ITE and Smart Transaction Technologies in SMEs

The background of the research is rooted in the pivotal role of Smart Transaction Systems in the digital transformation of Small and Medium-sized Enterprises (SMEs) within the batik industry in Semarang, Indonesia, amid the burgeoning Smart Economy era. The study aims to comprehensively explore the impact of national regulations, particularly the Information and Electronic Transactions Law (UU ITE), on the utilization of Smart Transaction Systems in electronic commerce by batik SMEs during the Digital Literacy Smart Economy era. To achieve its objectives, the research employs an analytical and evaluative approach, scrutinizing the legal framework, including UU ITE and related regulations, while also conducting an in-depth analysis of the implications and benefits for SMEs and consumers. The study’s findings and conclusions highlight the impact of UU ITE on the efficiency of transactions ensuring security and legal protection for both batik SMEs and consumers. The research emphasizes the need for regulations governing Smart Transaction Systems to build trust, enhance security and promote growth for SMEs. The study is unique due to its examination of how UU ITE and Smart Transaction Technologies work providing insights into the legal and technological complexities in today’s rapidly evolving digital landscape. The implications of the research, to improving frameworks that support SMEs digital initiatives fostering development and ensuring consumer safety in the era of the Smart Economy.

Green Legality Certificate on Agrarian Reform: Indonesian Experience

As the most essential human need, territory is crucial for the survival of humanity. The increase in population and demand for land, as a result of urbanization, can no longer satisfy human requirements. The research method in this study is a normative legal research method. The approach method uses a statute approach, a comparative approach, and an analytical approach. The green certification serves as evidence for the legality of a building, fulfilling the criteria for a green building, as well as supports the green movement, which contributes to a positive public image. In the future, unregistered land could receive electronic certificates for the first time through land registration. As a guarantee of ownership of land rights, the legislation provides holders of electronic certificates with legal protection. The electronic information and transaction law (IET Law) accepts electronic land certificates as proof of electronic tenure.
 Keywords: green legality, land, certificate, Agrarian reform

Legal Implications for Parties Who Display Inappropriate Content Through Social Media Platforms (Copyright Study)

Copyright is one of the rights included in protected intellectual property rights. One form of creation protected by the expert is the work of photography and cinematography. However, it is known that with the development of existing technology, works in the form of photography and cinematography are often used by other parties/people by showing and/or uploading the work to social media without permission from the creator himself. It is not uncommon for the photography and cinematography created to have economic value. Another problem arises when it turns out that the photography and cinematography created contain immoral elements. Therefore, a more in-depth study is needed regarding the legal implications of uploading photography and cinematography without the author’s permission and the limits given by the norms of decency in producing the creation itself. Based on the research results, it is known that the legal responsibility of the party who shows photography and cinematography without the author’s permission on social media platforms, namely if the action is to obtain economic/commercial benefits. It is proven that if the creator suffers economic losses, then the perpetrator can be charged compensation. This type of research is normative juridical/normative legal research, which uses secondary data by processing data derived from legal materials, namely primary, secondary, and tertiary legal materials. Study data were collected through documents and qualitative analysis.
 Keywords: copyright, intellectual property rights, information and electronic transaction law, photography, cinematography, social media

Regulating Virtual Land Sales in Indonesia's Metaverse


 
 
 
 
 
 
 
 
 
 
 
 This study explores the legal challenges and implications of virtual land sales through the metaverse in the context of Indonesia's digital era 5.0, focusing on consumer protection and the prevention of digital crimes. The primary aim is to analyze the legal framework governing these transactions and assess their conformity with the principles of valid contracts under Indonesian civil law. Employing a normative research methodology, the study evaluates existing regulations and legal literature to understand the current legal landscape. The findings reveal a lack of specific legislation in Indonesia regarding virtual land transactions in the metaverse, categorizing them under general electronic transactions governed by the Electronic Information and Transactions Law. Despite this, these transactions generally meet the legal requirements of a valid contract in Indonesian civil law, such as mutual consent, competency, a specific object, and a lawful cause. However, the study underscores the need for specific regulations to provide legal clarity and enhanced protection for parties involved in virtual land sales, considering the unique and virtual nature of the transaction objects. The research concludes with a call for international collaboration to contribute to the development of a balanced and contemporary global legal framework for metaverse transactions.
 Highlights:
 
 Absence of Specific Legislation: Current Indonesian laws do not specifically address virtual land sales in the metaverse, creating legal ambiguity.
 Electronic Transaction Classification: Virtual land sales are generally governed by Indonesia's Electronic Information and Transactions Law, aligning them with other electronic transactions.
 Need for Enhanced Legal Protection: Given the unique nature of virtual transactions, there is a significant need for specific regulations to ensure legal clarity and protect the rights of parties involved.
 
 Keywords: Metaverse, Virtual Land Sales, Indonesian Law, Electronic Transactions, Legal Framework
 
 
 
 
 
 
 
 
 
 
 

Right to be Forgotten as a Legal Protection for The Victims of Electronic Sexual Violence Cases

The 2020 National Commission on Violence Against Women's Annual Records identified the rise of a new type of violence against gender in Indonesia, specifically electronic-based sexual violence (Kekerasan Seksual Berbasis Elektronik/KSBE) which is part of gender-based violence in the digital spaces or Online Gender-Based Violence (OGBV). In 2020, KSBE cases increased 300% compared to the previous year. So far, the arrangements for tackling KSBE perpetrators in Indonesia have been inadequate. Existing laws do not contain procedures that are sensitive to victims and lack a human rights and gender perspective. Currently, Indonesia has adopted a new regulation related to handling sexual violence, namely Law No. 12 of 2022 on Sexual Violence Crimes. The authors analyse laws and regulations relevant to online sexual violence and its extension (involving physical action), from the perspective of human rights and women's rights. Thus, several significant regulations apart from the Sexual Violence Crimes Law are discussed, namely the Criminal Code, the Information and Transaction Law, the Anti-Pornography Law, and the Child Protection Law. We argue that protection of KSBE victims must be made the main goal of law enforcement. The loss of the victim's privacy and the dissemination of personal data violate victims’ human rights guaranteed by the state, and therefore derivative regulations regarding the UU TPKS (Sexual Violence Law) need to be issued and existing laws harmonized with it. Moreover, additional special victim rights regulations regarding electronic-based sexual violence are necessary, especially for KSBE acts that require a quick response, such as removing sexually explicit content.

Место договора на строительство генерирующих объектов, функционирующих на основе возобновляемых источников энергии, в системе гражданско-правовых договоров

In this article, the author has focused on the theoretical understanding of contractual instruments used to create renewable energy source (RES) based generating facilities. The purpose of the study is to find the legal peculiarities of the obligations aimed at the construction of these facilities against the background of a system of general and special contracts highlighted in the Russian civil law and energy law. To do this, the author has correlated the theoretical approaches that have developed in Russian civil jurisprudence and in the energy law science on the application of mixed and comprehensive contractual forms. As a result, the contract for the construction of RES-based generating facilities is proposed to be considered on two levels: as a single civil law agreement and as a set of related civil law transactions. In the first case, the contract generates a set of obligations aimed at the construction of the relevant facility, which subordinates the parties not only to the norms of civil law, but also to the requirements of the Russian energy laws. In the second case, several civil law contracts, including those of a mixed or comprehensive type, are aimed to achieve a common goal, the creation of a specific generating facility. In this case, the effect of civil and energy laws can be differentiated depending on the subject matter and content of the contract.

Implementation of the Law Regarding the Use of CCTV Cameras as Electronic Traffic Enforcement Tools in the City of Medan

<p>Closed Circuit Television (CCTV) is one of the surveillance tools that can work automatically 24 (twenty-four) which can be used as a tool that helps prevent crime on an object. This research uses a normative juridical approach method. The type of data in this study uses secondary data, and an empirical approach with a qualitative approach. The data sources used are documents and books. Secondary data is data obtained indirectly through literature studies of laws and regulations and publications of previous studies to add information, obtain a theoretical basis and legal basis. Data analysis is described qualitatively, by describing data in the form of sentences that are organized, logical, effective, so that it helps ease of understanding. This research results in the existence of CCTV (Closed Circuit Television) recording evidence recognized as valid evidence, reinforced by the issuance of the Electronic Information and Transactions Law, namely in Article 5 paragraph (1) and paragraph (2) of the ITE Law.</p>

Analysis of The Judge's Decision Regarding the Blasphemy’s Cases

The background to this research arises from the complexity and significance of religious blasphemy cases which are increasingly developing in Indonesia. This phenomenon not only creates commotion in the social realm, but also raises serious challenges in the legal and judicial context. The increasing cases’ number of religious blasphemy indicates a significant development in the diversity of opinion and expression in society. However, behind this diversity, there is an unclear legal boundary regarding religious blasphemy which often causes uncertainty in determining guilt and determining proportional punishment, even though it is actually regulated in the Information and Electronic Transactions Law. The role of media and social media is an important factor that increasingly complicates the dynamics of religious blasphemy cases, its coverage and discussions on online platforms can play a significant role in shaping public opinion and influencing the course of the judicial process. The impact is not only limited to the national level, but can create a domino effect in a global context. Meanwhile, judicial independence is often in the spotlight, because pressure and influence from various parties can influence judges' decisions. Therefore, this research was conducted to provide an in-depth understanding of these aspects. Analysis of the judge's decision in the religious blasphemy case carried out by Lina Mukherjee on social media is important for dissecting the legal and social dynamics involved, as well as providing a basis for recommendations for improvements in the justice system in order to achieve balanced justice and protected human rights.

AN EFFECTIVE LEGAL IMPLEMENTATION AGAINST CYBERBULLYING PERPETRATORS AMONG ADOLESCENTS

This research aims to analyze the legal aspects of cyberbullying cases involving adolescents in Indonesia using a normative approach. The study evaluates the effectiveness of existing laws, particularly the Electronic Information and Transactions Law (ITE Law) and related regulations, in protecting adolescents from cyberbullying. The primary objective is to contribute to the development of a more effective legal framework addressing cyberbullying among adolescents. The study's findings emphasize key results and important insights regarding the application of laws in handling cyberbullying cases, highlighting the significance of legal measures in safeguarding adolescents from online harassment.

Perspektif Hukum Terhadap Kasus Hak Kekayaan Intelektual dalam Bisnis Teknologi Ditinjau Menurut UU Nomor 16 Tahun 2016 tentang Informasi dan Transaksi Elektronik

This research explores the legal perspective on intellectual property rights (IPR) cases in technology businesses with a focus on the provisions of Article 25 of the Information and Electronic Transactions Law (UU ITE). Article 25 of the ITE Law is the central point in regulating IPR protection in the digital business world in Indonesia. In this context, this research investigates the implementation and impact of Article 25 of the ITE Law on cases of intellectual property rights violations in the era of digital technology. This research uses qualitative descriptive research. This research methodology involves legislative analysis and case studies to identify challenges and opportunities faced by intellectual property rights holders and technology business actors. Using a normative and descriptive legal approach, this research analyzes whether Article 25 of the ITE Law provides adequate protection for intellectual property rights and the extent to which its implementation provides legal certainty for business actors. The research results show that Article 25 of the ITE Law provides a sufficient legal basis for protecting intellectual property rights in technology businesses. However, challenges related to the interpretation and enforcement of Article 25, especially in cases of IPR violations, remain an issue that requires serious attention from policy makers and legal practitioners. This research provides recommendations for improvements and clarifications in the implementation of Article 25 of the ITE Law, as well as the need to increase legal awareness among technology business players to ensure optimal protection of intellectual property rights in this digital era

Admissibility of road real property usucaption

In Polish legal system, the concept of „road real property” is not defined. It has been assumed in the jurisprudence that road real properties include public roads, internal roads, real properties designated in local zoning plans for road purposes, real properties marked as roads in land register, as well as real properties actually used as roads. It should be underlined that public roads as res publicae extra commercium, which means public properties excluded from civil law transactions, cannot be the subject of usucaption. Considering the discrepancy in the interpretation of the concept of a public road, the matter of dispute constitutes the scope of exclusion from civil law transactions, and therefore the subject of usucaption’s exclusion.The article marks that there is lack of legal definition of the concept of road real property, further it presents the distinction of roads proposed under the Act of 21 March 1985 on the Public Roads (Journal of Laws of 2007, No. 19, item 115, as amended), underlines the principle of the exclusion of public roads from civil law transactions. The article also refers to the rulings that indicate the possibility of road real property’s usucaption, as well as the rulings that underline contrary views.