Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal YASIN: Jurnal Pendidikan dan Sosial Budaya AHKAM : Jurnal Hukum Islam dan Humaniora
Irvandi Irvandi
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Cyber-Duty of Care: Kerangka Hukum Pertanggungjawaban Lembaga Arbitrase Internasional atas Pelanggaran Keamanan Data dalam Persidangan Virtual di Indonesia Afandono Cahyo Putranto; Fakhrul Ardiyan; Irvandi Irvandi; Riski Ari Wibowo; Diani Sadiawati
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10266

Abstract

The increasing adoption of virtual conferencing technology after the COVID-19 pandemic has encouraged the use of online hearings in arbitration proceedings, while also giving rise to risks of confidential data leakage and cybersecurity breaches in transnational commercial disputes. This study aims to analyze the legal framework for the liability of international arbitration institutions for data security breaches in virtual hearings in Indonesia and to reconstruct relevant legal doctrines for the national arbitration regime. This study uses a normative juridical method with statutory, conceptual, and comparative approaches based on functional comparison. The results show that there is no legally binding standardization of cybersecurity protocols for international arbitration institutions in Indonesia, unlike Singapore and the United Kingdom, which already have more comprehensive regulatory frameworks. In addition, the construction of arbitral civil liability in the Indonesian legal system remains fragmented and has not been able to address losses resulting from data breaches in transnational commercial disputes. The conclusion of this study affirms the need to reconstruct the concept of Cyber-Duty of Care as a new legal doctrine in the Indonesian arbitration regime that systematically integrates the principles of personal data protection, cybersecurity standards, and arbitral civil liability. These findings provide a theoretical contribution to the development of arbitration law and data protection in virtual hearings, as well as practical implications for policymakers and arbitration institutions in strengthening data security protocols in international arbitration proceedings in Indonesia.
Perlindungan Hukum Kreditor terhadap Praktik Asset Stripping dalam Restrukturisasi Grup Perusahaan Multinasional: Studi Doktrin Cross-Border Insolvency dan Piercing the Corporate Veil Afandono Cahyo Putranto; Fakhrul Ardiyan; Irvandi Irvandi; Riski Ari Wibowo; Diani Sadiawati
YASIN Vol 6 No 3 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/yasin.v6i3.10267

Abstract

Legal protection for creditors against asset stripping practices in the restructuring of multinational corporate groups has become an important issue because asset depletion by foreign parent companies can weaken creditors’ position in bankruptcy and corporate restructuring processes. This study aims to analyze the effectiveness of cross-border insolvency and the doctrine of piercing the corporate veil in providing legal protection for creditors, particularly in the context of the limitations of Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU) in regulating cross-border bankruptcy and asset stripping practices. This study uses a normative juridical method with statutory, conceptual, and functional comparative approaches to the legal systems of Indonesia, the United States, and the United Kingdom. The results show that the doctrine of piercing the corporate veil in Indonesian law has not been able to reach foreign parent companies that systematically conduct asset stripping against subsidiaries in Indonesia because of the limitations of extraterritorial jurisdiction and the absence of an adequate cross-border insolvency mechanism. In addition, the reconstruction of national bankruptcy law needs to be directed toward the adoption of the UNCITRAL Model Law on Cross-Border Insolvency 1997, the expansion of cross-border actio pauliana mechanisms, the strengthening of the doctrine of piercing the corporate veil with extraterritorial elements, and the regulation of substantive consolidation for multinational business groups. The conclusion of this study affirms that creditor protection in the restructuring of multinational corporate groups requires a hybrid regulatory model that integrates cross-border insolvency mechanisms into the Indonesian bankruptcy law system while maintaining national legal characteristics and needs. These findings provide a theoretical contribution to the development of cross-border bankruptcy law and practical implications for policymakers in strengthening creditor protection against asset stripping practices in multinational corporate structures.
Co-Authors Afandono Cahyo Putranto Diani Sadiawati Fakhrul Ardiyan Riski Ari Wibowo