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Journal : Ipso Jure

Legal Analysis of Trading in the Digital Age: Weaknesses and Enforcement Efforts in Indonesia Mulyadi, Dudi
Ipso Jure Vol. 2 No. 7 (2025): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/mwftad66

Abstract

The development of digital technology has driven significant transformation in the trade and investment sector in Indonesia, especially in online-based trading practices. The integration of high-speed internet, big data, and automated trading algorithms makes it easier to access global markets, improve transaction efficiency, and expand public participation. However, these advances also pose legal risks, such as market manipulation, insider trading, investment fraud, and personal data protection breaches. Normatively, the regulation has been accommodated through Law No. 8 of 1995 concerning the Capital Market, Law No. 11 of 2008 jo. Law No. 19 of 2016 concerning ITE, as well as OJK and Bappebti regulations. However, the regulation has not fully anticipated the complexity of the digital ecosystem which is real-time and cross-jurisdictional. Challenges include limited surveillance technology, weak intergovernmental coordination, and low legal and financial literacy of the community. This study uses normative juridical methods with legal and conceptual approaches to assess the suitability, weaknesses, and needs of legal reform. The results of the study emphasized the urgency of regulatory harmonization, strengthening RegTech and SupTech, establishing an integrated law enforcement model, and international cooperation. This effort is expected to be able to build a digital trading ecosystem that is safe, transparent, adaptive to innovation, and globally competitive.
Reconstruction of Equitable Customary Land Management To Improve The Investment Climate in Jayapura Regency polontoh, Herry M; Mulyadi, Dudi; Yanuaria, Tri; Hamonangan, Sobardo
Ipso Jure Vol. 2 No. 8 (2025): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/q7ambc04

Abstract

Customary land management in Jayapura Regency has a strategic role in encouraging regional economic growth through improving the investment climate. However, management practices have often caused problems such as land conflicts, legal uncertainty, and low participation of indigenous peoples in decision-making. This condition hinders investors from investing their capital optimally. This research aims to formulate a model for reconstruction of customary land management that is fair, provides legal certainty, and facilitates synergy between indigenous peoples, local governments, and investors. The research method used is a qualitative approach with a descriptive-analytical design. Data was obtained through in-depth interviews with traditional leaders, local government officials, investors, and academics, as well as through the study of relevant laws and regulations. The analysis was carried out using the Miles & Huberman interactive model technique, including data reduction, data presentation, and conclusion drawn. The results of the study show that equitable management of customary land requires formal recognition of customary rights, the existence of a clear written agreement mechanism between customary rights owners and investors, and the existence of permanent mediation institutions to resolve disputes quickly. The implementation of this reconstruction model has been proven to increase legal certainty, reduce potential conflicts, and encourage increased investment interest in Jayapura Regency.