Article Per Year (5 Year)
p-Index From 2021 - 2026
0.562
P-Index
This Author published in this journals
All Journal Journal of Governance and Law Reform
Cahya Utami Aldana
Universitas Pembangunan Nasional "Veteran", Jakarta, Indonesia

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
LEGAL ANALYSIS OF NICKEL MINING EXPANSION IN RAJA AMPAT FROM THE PERSPECTIVE OF RENEWABLE ENERGY DEVELOPMENT AND ENVIRONMENTAL SUSTAINABILITY PRINCIPLES dianisadiawati; Cahya Utami Aldana; Ainun Nabilah
Journal of Governance and Law Reform Vol. 1 No. 1 (2026): January
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jglr.v1i1.59

Abstract

This study aims to examine the expansion of nickel mining in Raja Ampat within the framework of natural resource law, particularly regarding its role as a supplier of essential minerals for national renewable energy development. Using normative juridical methods, this study examines various regulations regarding environmental sustainability, licensing, and the application of the precautionary principle as a benchmark for protecting conservation areas and the rights of indigenous peoples. The analysis results indicate a policy misalignment between the green energy transition agenda at the national level and the principle of ecological protection in conservation areas. Regulatory gaps are evident in the weak enforcement of environmental standards, the suboptimal synchronization of mining permits in marine conservation areas, and the failure to fulfill the Free, Prior and Informed Consent (FPIC) mechanism for affected indigenous communities. These conditions reflect that green energy development still has the potential to cause ecological and social injustice, especially in vulnerable areas such as Raja Ampat. This study concludes that strengthening regulations and harmonizing policies is urgently needed, including ensuring compliance with the precautionary principle, biodiversity protection, and upholding the rights of indigenous peoples at every stage of mining licensing and operations. Without environmentally just policy reforms, the Raja Ampat conservation area risks becoming a “sacrifice zone” in the national green energy transition project.  
ANALYSIS OF SUPREME COURT DECISION NO. 1271 K/Pdt/2009 CONCERNING BREACH OF PERFORMANCE IN INTERNATIONAL BUSINESS CONTRACTS Rouli Anita Velentina; Cahya Utami Aldana
Journal of Governance and Law Reform Vol. 1 No. 1 (2026): January
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jglr.v1i1.60

Abstract

Cross-border business agreements pose significant challenges in Private International Law (PIL), particularly in defining and resolving cases of default (breach of contract). This study deeply examines the Indonesian Supreme Court Verdict Number 1271 K/Pdt/2009, which adjudicated a payment default dispute for ship repair services between PT LI (a domestic entity) and TSC (a foreign entity), to identify the implications of establishing default, jurisdiction, and compensation. Employing a normative juridical method and a case study approach, the analysis focuses on interpreting the principles of the Law of Obligations within the Indonesian Civil Code (KUH Perdata) as applied to a transnational context. The research findings affirm the rejection of the appeal (cassation) and the reinforcement of the Judex Facti's (lower court judges') verdict, confirming that the foreign party was legally proven to be in default. While this decision establishes legal certainty for the domestic creditor, the case critically underscores the complexity in determining relative authority (jurisdiction) within domestic courts, as well as the inconsistency in the judicial consideration of the awarded compensation amount. Consequently, it is concluded that optimal legal protection in international contracts relies heavily on explicit choice of law and dispute resolution clauses, where Alternative Dispute Resolution (ADR) often offers higher efficiency compared to prolonged litigation pathways.
PROTECTION OF THIRD PARTY PERSONAL DATA WHEN USING EMERGENCY CONTACTS ON THE SHOPEE PAYLATER SERVICE Elmo Septian Rasyid; Ainun Nabilah; Cahya Utami Aldana; Miranti Dwi Pangesti; Andriyanto Adhi Nugroho
Journal of Governance and Law Reform Vol. 1 No. 1 (2026): January
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jglr.v1i1.62

Abstract

This research examines the protection of third-party personal data in the practice of providing emergency contact information within Buy Now Pay Later services, particularly Shopee PayLater, where such data is often included without the consent of its actual owner. This situation raises significant legal concerns because third parties, who have no contractual relationship with the service provider, nonetheless become subjects of data processing and debt collection activities. The study employs a normative juridical method by analyzing the Personal Data Protection Law, the Electronic Information and Transactions Law, Government Regulation Number 71 of 2019, sectoral regulations issued by the Financial Services Authority, and relevant judicial decisions including the Central Jakarta District Court Decision Number 689 Pdt G 2021 and the Supreme Court Decision Number 1206 K Pdt 2024. Using the right to privacy theory and consent theory, the findings show that processing third-party data without direct and explicit consent contradicts fundamental principles of personal data protection and violates individual privacy rights. The research further reveals that Indonesia’s current legal framework does not provide a comprehensive mechanism for third-party consent, resulting in regulatory gaps related to data collection, consent verification, and limitations on the use of third-party information in digital financial services. This study concludes that existing regulations do not provide adequate protection for third parties and highlights the need for more detailed legal provisions governing the collection, verification, and restricted use of emergency contact data within Buy Now Pay Later services.
Co-Authors Ainun Nabilah Ainun Nabilah Andriyanto Adhi Nugroho dianisadiawati Elmo Septian Rasyid Miranti Dwi Pangesti Rouli Anita Velentina