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All Journal INFOKUM Jurnal Ekonomi Journal of Economics and Business (JECOMBI) Jurnal Ekonomi, Akuntasi dan Manajemen Indonesia(JEAMI) Jurnal Restorasi: Hukum dan Politik
Muhamad Agung Dharmajaya
STAI YAPATA Al-Jawami, Bandung, Indonesia
Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Intellectual Property Rights Protection in the Digital Economy Muhamad Agung Dharmajaya
Jurnal Ekonomi, Akuntasi dan manajemen Indonesia (JEAMI) Vol. 3 No. 01 (2024): Jurnal Ekonomi, Akuntasi dan Manajemen Indonesia (JEAMI), November 2024
Publisher : SEAN Institute

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Abstract

The rapid development of information technology has transformed the global business landscape into the digital economy era. However, this phenomenon has also brought massive threats to the protection of Intellectual Property Rights (IPR) through various new modes of cyber violations. This study aims to analyze the effectiveness of positive legal regulations in protecting IPR in the digital ecosystem and identify multidimensional obstacles to its enforcement. The research method used is normative juridical with a statutory and conceptual approach through qualitative secondary data analysis. The results indicate that current positive legal regulations are ineffective due to the rigid nature of conventional law and the lag behind the rapid pace of digital technological innovation, thus creating a legal vacuum (rechtvacuum), especially in regulating the generative Artificial Intelligence (AI) ecosystem and the responsibility of digital platforms. Law enforcement in cyberspace is also hampered by structural barriers in the form of cross-border jurisdictional conflicts, technical barriers in the form of manipulation of electronic evidence and the anonymity of perpetrators, and cultural barriers in the form of low public legal awareness that is permissive towards digital piracy. This study concludes that regulatory reforms are needed that adhere to technology-neutral legislation, integrated with cutting-edge technological solutions such as blockchain and smart contracts to automate copyright and royalty tracking, and supported by strengthened international legal diplomacy and digital literacy education to create a safe digital economy ecosystem for innovators
ANALYSIS OF CUSTOMER PROTECTION IN BANKING CREDIT AGREEMENTS IN INDONESIA Muhamad Agung Dharmajaya
INFOKUM Vol. 8 No. 1, Desembe (2019): Data Mining,Image Processing and artificial intelligence
Publisher : Sean Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58471/infokum.v8i1, Desembe.3100

Abstract

This study aims to analyze the forms of legal protection for customers (debtors) in bank credit agreements in Indonesia, as well as the obstacles encountered in their implementation. Credit agreements often take the form of standard contracts, which tend to place customers in a weaker bargaining position compared to banks. This study uses a normative method with a statutory and conceptual approach, analyzing the legal principles of agreements and regulations related to consumer protection in financial services. Customer-debtor protection is divided into preventive protection through restrictions on bank freedom of movement based on Article 18 of the Consumer Protection Law and the Financial Services Authority (OJK) transparency regulations, which threaten to render exoneration clauses null and void (van rechtswege nietig). Repressive protection is available through lawsuits for Unlawful Acts or Abuse of Circumstances (misbruik van omstandigheden) in court, as well as non-litigation channels through the Alternative Dispute Resolution Agency for the Financial Services Sector (LAPS SJK). However, the OJK's supervisory function is considered ineffective in practice due to its reactive, complaint-based nature, limited supervisory human resources, high information asymmetry, and lenient administrative sanctions that have not yet provided a deterrent effect for the banking industry. Conclusion: While legal instruments for customer protection are well-structured, enforcement of the principle of contractual balance remains weak in practice. The OJK needs to transform its supervisory system into a digital-proactive one, utilizing artificial intelligence-based supervisory technology (SupTech) (AI Contract Review) to screen draft bank contracts en masse and strengthen sanctions in the form of product license suspensions for banks that violate this principle.
Open Banking and Regulatory Challenges in Indonesia Muhamad Agung Dharmajaya
Jurnal Restorasi : Hukum dan Politik Vol. 1 No. 02 (2023): Jurnal Restorasi : Hukum dan Politik, October 2023
Publisher : Jurnal Restorasi : Hukum dan Politik

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Abstract

The acceleration of digitalization is driving the Indonesian financial sector to transform from a conventional operational model to an open banking ecosystem. This study aims to analyze the development of open banking implementation in Indonesia and identify key regulatory challenges faced in mitigating legal and cybersecurity risks. The research method used is a normative juridical approach with a qualitative-descriptive approach through secondary data analysis in the form of Bank Indonesia regulations, the Financial Services Authority (OJK), and related literature. The results in the first sub-chapter indicate that the implementation of open banking, guided by the National Standard for Open API Payments (SNAP), based on the 2025 Indonesian Payment System Blueprint (BSPI), has successfully increased financial inclusion and the efficiency of system integration between financial actors. However, the analysis in the second sub-chapter reveals significant regulatory challenges, including an expanded cyberattack surface due to imbalances in IT protection capacity, uncertainty about legal liability in the event of system failures, fragmented cross-sectoral oversight, and difficulties in synchronizing with the Personal Data Protection Law (PDP Law). This research concludes that advances in SNAP's technical infrastructure have not been matched by an adaptive legal framework, creating legal gaps that risk consumer harm. This research recommends that Bank Indonesia and the Financial Services Authority (OJK) formulate joint regulations, shift to a principles-based approach, and strengthen the capacity of supervisory technology to create a safe and sustainable digital financial ecosystem.
Franchise Agreements from a Commercial Law Perspective Muhamad Agung Dharmajaya
Journal of Economics and Business (JECOMBI) Vol. 2 No. 1 (2021): Journal of Economics and Business (JECOMBI) : September 2021
Publisher : SEAN Institute

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Abstract

The dynamic development of the business world has encouraged the emergence of various business partnership models to accelerate market expansion, one of which is through the franchise system. However, in practice, this legal relationship often triggers asymmetric bargaining positions and potential disputes due to the blurring of the rights and obligations of the parties within the scope of business law. This study aims to analyze the legal standing and validity of franchise agreements within the Indonesian commercial law system, as well as to examine the ideal form of legal protection for franchisors and franchisees to minimize the risk of default. The research method used is normative juridical with a statute approach and a conceptual approach. Secondary data obtained through literature review was analyzed qualitatively using deductive reasoning. The results indicate that a franchise agreement is a valid, anonymous agreement based on the principle of freedom of contract (Article 1338 paragraph 1 of the Civil Code) and the requirements for a valid agreement (Article 1320 of the Civil Code). From a commercial law perspective, formal validity requires compliance with specific regulations (lex specialis) in the form of a written contract in Indonesian, the issuance of a prospectus, and possession of a Franchise Registration Certificate (STPW). Ideal legal protection for franchisors rests on Intellectual Property Rights (IPR) protection through a confidentiality agreement (NDA) and a non-compete clause. Conversely, protection for franchisees is realized through the right to validity of prospectus data, territorial exclusivity (territorial protection), and the right to receive cure notice before contract termination. In the event of a business dispute, a choice of forum clause through an Arbitration Institution is the most ideal mechanism due to its confidentiality, efficiency, and final and binding decision.
Digital Transformation of Banking and Its Legal Risks Muhamad Agung Dharmajaya
Jurnal Ekonomi Vol. 11 No. 03 (2022): Jurnal Ekonomi, 2022 Periode Desember
Publisher : SEAN Institute

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Abstract

Digital transformation of banking through the adoption of cutting-edge technology offers high efficiency, but on the other hand, it triggers the emergence of regulatory asymmetry (regulatory lag) and various new risk variants. This study aims to identify the dominant legal risk typologies in the era of banking digitalization and evaluate the readiness of the regulatory framework and effective legal risk mitigation mechanisms. The research method used is normative juridical with a descriptive-analytical approach to examine primary, secondary, and tertiary legal materials through literature review, which are then analyzed qualitatively using deductive reasoning. The results indicate three main legal risk typologies: violations of personal data protection due to data breaches, escalation of cybercrime such as phishing and ransomware that trigger disputes over unauthorized transactions, and legal uncertainty regarding the validity of electronic contracts (e-contracts) and the reliability of digital evidence in court. This study concludes that banks can no longer rely on unilateral exoneration clauses that harm consumers. Legal mitigation efforts must be implemented holistically by strengthening internationally standardized information technology governance (ISO 27001), strengthening e-KYC systems, implementing standard digital forensics audit logs, and utilizing cyber insurance. Meanwhile, regulatory authorities are required to shift their policy approach to principle-based, adaptive regulation to create a secure, trustworthy, and legally certain digital banking ecosystem.
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