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All Journal INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES JURNAL USM LAW REVIEW
Sukarmi Sukarmi
Brawijaya University
Education Languange, Linguistic, Communication & Media Social Sciences

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Reconstruction of Bank Secrecy Legal Liability for the Use of Consent Combined in Bancassurance Salsabila Athamira; Sukarmi Sukarmi; Patricia Audrey Ruslijanto
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 10, No 1 (2026): International Journal on Language, Research (Law) Education Studies
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v10i1.29889

Abstract

The practice of bundling consent in bancassurance partnerships triggers legal uncertainty and the risk of customer personal data leaks due to the incompleteness of pre-contractual norms in the Banking Law in conjunction with the PPSK Law, which conflicts with the PDP Law. This normative legal research uses a legislative, conceptual, and case-based approach with a qualitative method of legal material analysis. The research findings indicate that the validity of bundled consent in standard clauses is conditional because it contains a defect of consent resulting from abuse of circumstances (misbruik van omstandigheden). Such bundled consent is null and void as a basis for bank secrecy exceptions unless the business entity provides separate clauses (granular consent) and a genuine right to opt-out for customers. This study concludes that there is a need to reformulate legal liability through the application of strict liability for banks as the primary data controllers and joint liability with insurance companies. This reformulation is essential to shift the legal function toward early prevention to ensure the protection of customer privacy.
Reconstructing PMN Accountability in Indonesian State-Owned Enterprise Governance Muhammad Luthfi Ghifari; Sukarmi Sukarmi; Shinta Hadiyantina; Djumikasih Djumikasih
JURNAL USM LAW REVIEW Vol. 9 No. 3 (2026): SEPTEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v9i3.14609

Abstract

This study aims to analyze the legal status of State Capital Participation (Penyertaan Modal Negara—PMN) granted to PT Permodalan Nasional Madani (PT PNM) and to formulate an integrated accountability framework capable of reconciling the normative conflict between state finance law and corporate law in Indonesian State-Owned Enterprises (SOEs). Existing studies have predominantly examined PMN from economic, asset management, or criminal law perspectives, leaving unresolved the legal uncertainty concerning separated state assets, directors’ liability, and the relationship between constitutional accountability and corporate governance. This research employs a normative juridical method using statutory, conceptual, and case approaches, with legal materials analyzed through doctrinal reasoning and systematic legal interpretation. The findings reveal that PMN should be understood as a hybrid legal institution that constitutionally remains part of state finance while being operationally managed under corporate governance principles, including separate legal personality, fiduciary duty, and the Business Judgment Rule. The novelty of this study lies in the formulation of a hybrid accountability framework integrating administrative accountability, fiduciary-based civil liability, and criminal liability as a proportional premium remedium, thereby establishing clear legal boundaries between legitimate business risk and unlawful management of state capital. This study contributes theoretically to the harmonization of state finance law and corporate governance, while providing a normative framework for strengthening legal certainty, regulatory coherence, and sustainable governance of Indonesian SOEs.
Co-Authors Djumikasih Djumikasih Muhammad Luthfi Ghifari Patricia Audrey Ruslijanto Salsabila Athamira Shinta Hadiyantina