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All Journal DE LEGA LATA: Jurnal Ilmu Hukum Morality :Jurnal Ilmu Hukum Legal Standing : Jurnal Ilmu Hukum Ekspose: Jurnal Penelitian Hukum dan Pendidikan Jurnal Ilmu Hukum KYADIREN Jurnal Hukum Lex Generalis Electoral Governance : Jurnal Tata Kelola Pemilu Indonesia USRAH: Jurnal Hukum Keluarga Islam Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Jurnal Bawaslu Provinsi Kepulauan Riau Journal of Artificial Intelligence and Digital Business Journal of Business, Management and Social Studies Journal of Mutidisciplinary Issues Journal of Accounting Law Communication and Technology
Silalahi, Wilma
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Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Social Sciences Other

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english: english Permatasari, Yofi; Silalahi, Wilma
Journal of Business, Management, and Social Studies Vol. 5 No. 1 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i1.114

Abstract

This research aims to obtain research results on Daya Anagata Nusantara in relation to strategic investment reforms for Indonesia’s economic growth. The author uses normative research with the aim of obtaining analysis results based on legal rules, legal principles by analyzing problems with descriptive research. The existence of Danantara as an Investment Management Agency (BPI) provides a new change in terms of national strategic investment management. The establishment of Danantara is a strategic investment reform that is expected to be able to maximize state assets as a form of directed investment based on strong law. The existence of Danantara can have a significant impact that can potentially increase the layers of hierarchy that can extend the bureaucratic process. By employing normative research grounded in legal rules and principles and applying it to the practical context of Danantara, the research offers a novel bridge between legal theory and real-world strategic investment reform in Indonesia. It likely explores how specific legal frameworks underpin and potentially shape the effectiveness of Danantara.
Danantara in the Light of Legal Theories: A Normative Assessment of Indonesia’s Sovereign Wealth Fund Princes, Elfindah; Silalahi, Wilma
Journal of Business, Management, and Social Studies Vol. 5 No. 1 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i1.116

Abstract

The purpose of this study is to analyze the legal, ethical, and institutional dimensions of Danantara, Indonesia’s newly launched Sovereign Wealth Fund (SWF), using a multidimensional legal theoretical framework. This paper examines how the establishment of Danantara aligns with or deviates from core legal theories, and explores its implications for governance and public legitimacy. This study employs a qualitative, normative legal research method using a doctrinal approach. Primary and secondary legal sources were analyzed, including government regulations, official reports, academic literature, and media commentaries. The analytical framework is built upon five legal theories: Legal Positivism, Natural Law, Rule of Law, Critical Legal Studies, and Good Governance Theory. The findings show that while Danantara fulfills the requirements of formal legality, it suffers from a lack of societal legitimacy and accountability due to governance opacity, politically affiliated leadership, and absence of independent oversight. These issues highlight inconsistencies with ethical standards and democratic values promoted by the selected legal theories. This paper provides a unique comparative analysis of Danantara by integrating five major legal theories into a single analytical framework—an approach rarely applied to sovereign wealth funds. It contributes to legal scholarship by revealing how formal legal instruments may reproduce structural inequality and democratic deficits if not grounded in ethical and participatory principles.
Urgensi Pengaturan Hukum di Era Digitalisasi Silalahi, Wilma; Djaja, Benny; Sudirman
Journal of Business, Management, and Social Studies Vol. 5 No. 2 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i2.120

Abstract

The primary purpose of this research is to examine the integration of digital technology, specifically digital certification and signatures, into the notarial process in the current legal framework. The research employs a juridical-normative legal research methodology. This approach involves analyzing existing laws, regulations, and legal principles (the “normative” aspect) to address the legal problem at hand. The findings suggest that when consumers are faced with limited choices, such as accepting unfavorable terms or discontinuing service, informational and normative conformity significantly influence continuance intention. Factors such as perceived security, service quality, satisfaction, and perceived usefulness are found to moderate the relationship between conformity and continuance intention. Additionally, previous experience, trust, and self-efficacy emerge as strong determinants of users’ willingness to reuse or abandon the service after policy disruptions. The study found that while it is technologically possible to create and sign notarial deeds digitally, there are explicitly no laws or regulations that govern this process.
Pendekatan Rule of Reason sebagai Cerminan Penafsiran Teleologis dalam Hukum Persaingan Usaha di Indonesia Ngabut, Rupertus Arvinci; Silalahi, Wilma
Journal of Business, Management, and Social Studies Vol. 5 No. 2 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i2.121

Abstract

This study examines the convergence between the Rule of Reason approach and teleological interpretation in the enforcement of Indonesian competition law, particularly in cartel cases. Using a normative doctrinal methodology, the paper explores how substantive economic assessments align with purposive readings of legal norms. Despite the seemingly formalistic wording of Article 5 and 11 of Law No. 5 of 1999, this study finds that the Indonesian Competition Commission (KPPU) has increasingly adopted an effect-based analysis in cartel decisions. This shift suggests a move toward teleological interpretation that emphasizes legal purpose and economic rationale. The research contributes to the refinement of interpretive theory in Indonesian competition law and offers practical insights for enhancing regulatory consistency and adaptive law enforcement.
english: english Permatasari, Yofi; Silalahi, Wilma
Journal of Business, Management, and Social Studies Vol. 5 No. 2 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i2.122

Abstract

This research aims to explore and find out the validity of electronic buying and selling agreements in Indonesian civil law based on the perspective of Law of Obligation. In this research, the study uses a normative research method that relies on the analysis of laws and regulations as primary sources, supported by doctrine or opinions of legal experts as secondary sources. The results obtained are that electronic buying and selling agreements in civil law based on the law of obligation are valid and regulated in Article 1320 of the Civil Code and the Law on Information and Electronic Transactions. The parties also get legal protection if they suffer losses preventively and repressively. The novelty in this research is because of the merging of two things, namely buying and selling that is usually done offline is now done online and scientific research needs to be done.
Threats and Strategies for Personal Data Protection in Digital Services: A Thematic Review and Regulatory Analysis Djayanti; Silalahi, Wilma
Journal of Business, Management, and Social Studies Vol. 5 No. 2 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i2.123

Abstract

This article aims to analyze the threats to personal data in digital services and the protection strategies used, by integrating legal, policy, information technology, and digital literacy approaches. This research uses a qualitative approach based on doctrinal, thematic, and comparative analysis. Data was collected from legal texts, policy documents, academic literature, and empirical studies to build a comprehensive analytical framework. The analysis was conducted to identify threat categories and protection strategies, and evaluate the effectiveness of regulatory frameworks such as the General Data Protection Regulation (GDPR) and the PDP Law. The research found that threats to personal data stem from both technical (phishing, malware, dark patterns) and non-technical factors (low digital literacy, weak regulation). An effective protection strategy is the integration of technical approaches such as encryption and digital auditing, as well as non-technical approaches such as education, regulation, and institutional transparency. This study distinguishes itself from previous literature by combining legal, technological, and social analysis in a unified synthesis, and provides a review of the effectiveness of the PDP Law as a public protection instrument.
Legal Protection of Consumers in Sales and Purchase Transactions Through E-Commerce Akhirudin; Silalahi, Wilma
Journal of Business, Management, and Social Studies Vol. 5 No. 3 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i3.126

Abstract

This study aims to examine the legal protection available to consumers in e-commerce transactions and to analyze the legal responsibilities of parties involved in such digital trade interactions. The research uses a normative juridical method by analyzing legal theories, concepts, principles, and relevant statutory regulations, particularly those relating to electronic transactions and consumer protection law. The study concludes that consumer protection in e-commerce has been formally regulated under Law Number 11 of 2008 concerning Electronic Information and Transactions. This law provides specific provisions for safeguarding consumers from fraudulent digital trade practices. In cases of loss, consumers can seek redress through the Consumer Dispute Resolution Agency (BPSK) or the court. Business actors violating these provisions may face cumulative criminal sanctions, including imprisonment, fines, and administrative penalties. This paper highlights the significance of legal certainty and enforcement mechanisms in protecting digital consumers. It reinforces the relevance of adapting traditional legal protections to modern digital commerce environments, and emphasizes the state’s role in balancing business innovation with consumer rights in the digital economy.
Konstruksi Kewenangan dalam Perjanjian Korporasi: Dialektika Keabsahan Formal dan Keadilan Substantif dalam Perspektif Kelsen dan Rahardjo Chandra, William; Silalahi, Wilma
Journal of Business, Management, and Social Studies Vol. 5 No. 2 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i2.128

Abstract

This study aims to analyze the construction of contractual authority in corporate law from a theoretical perspective, particularly by examining the tension between Hans Kelsen’s Pure Theory of Law and Satjipto Rahardjo’s Progressive Legal Theory. The central research question explores how formal legality and substantive justice interact in validating corporate contracts, especially in cases involving unauthorized representation. This study adopts a normative juridical approach, relying on primary legal sources such as the Indonesian Civil Code and Company Law, and theoretical literature from Kelsen and Rahardjo. The analysis is conducted qualitatively through conceptual, systematic, and comparative methods, focusing on reconstructing the notion of authority in corporate contracts. The findings reveal that Kelsen’s theory mandates strict normative delegation for legal validity, while Rahardjo’s approach allows for the recognition of good faith and implied authority when aligned with justice and fairness. Through this dialectic, the study demonstrates how corporate law can incorporate both normative order and commercial adaptability, as reflected in Indonesian jurisprudence and comparative doctrines like apparent authority and indoor management. This study contributes a theoretical synthesis that bridges rigid normativism with contextual legal realism. It offers a new conceptual framework for interpreting ultra vires acts and corporate liability, encouraging a shift toward more responsive and inclusive legal interpretations in modern business law.
Igniting the Spirit of the Personal Data Protection Law: Advancing Justice, Ethics, and Institutional Reform in Indonesia’s Digital Legal Politics Hamonangan, Marcellius Kirana; Silalahi, Wilma
Journal of Business, Management, and Social Studies Vol. 5 No. 3 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i3.130

Abstract

This study investigates the legal and institutional challenges in implementing Law Number 27 of 2022 on Personal Data Protection (PDP Law) in Indonesia, with a particular focus on its capacity to uphold justice, ethical governance, and technological accountability in the digital age. This study employs a juridical-empirical approach through a comprehensive literature-based analysis. It integrates classical legal theories such as the Rechtsstaat principle and Gustav Radbruch’s Trichotomy of Law, alongside modern frameworks, including Responsive Law, Living Law, the concept of the Digital Panopticon, and Behavioral Law. This study reveals that the current PDP Law suffers from several deficiencies, notably the absence of an independent supervisory authority, the lack of explicit mechanisms for algorithmic oversight and the right to explanation, and inadequate remedies for data breach victims. These issues hinder the law’s effectiveness in confronting the complexities of digital society. This study introduces a cross-generational theoretical framework that connects foundational legal principles with contemporary digital realities. It offers a normative and institutional pathway to reform Indonesia’s data protection regime towards a more just, ethical, and human-centered legal order.
Reforming Mortgage Execution Norms to Enhance Justice for Debtors Taufano, Martinus Al Ibrani Giga; Silalahi, Wilma
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.293

Abstract

The execution of mortgage rights under Article 6 of Law No. 4 of 1996 grants creditors direct authority to sell collateral through public auctions without requiring a court order. However, this practice frequently results in procedural violations that harm debtors and undermine the principle of justice. This study aims to analyze the legal framework governing mortgage execution, identify common procedural violations in auction practices, and propose an ideal legal protection model for debtors. Employing a juridical-normative methodology, the study analyzes relevant laws and regulations alongside case documentation. The findings reveal a significant imbalance in the legal positions of creditors and debtors, primarily due to insufficient procedural oversight. The study concludes that reforming existing norms and enhancing supervisory mechanisms for execution auctions are essential to ensure legal certainty, protect debtor rights, and promote substantive justice within Indonesia’s collateral law system.
Co-Authors Aditya Pradana, Yudha Akhirudin Darmansyah, Erick Djaja, Benny Djayanti Djayanti, Djayanti Evelina, Shane Fudianto, Mahfudz Hafendi, Doni Hamonangan, Marcellius Kirana Helmi, Teofilus Titus Ichsandi, Muhammad Wildan Jonathan, Michael Manurung, Rachel Wahyunita Theodor Marsanti, Aliyah Marsela Berliana Natassya, Meily Ngabut, Rupertus Arvinci Permatasari, Yofi Princes, Elfindah Priyono, Muhammad Yogi Septiyan Ranadi, Gladys Felicia Sanjaya, Aqila Herdiyanto Saraswati, Dita Sudirman Taufano, Martinus Al Ibrani Giga William Chandra William, Joseph