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All Journal Masalah-Masalah Hukum Al-Ihkam: Jurnal Hukum dan Pranata Sosial Lex Scientia Law Review Jambe Law Journal Jambura Law Review Seminar Nasional Hukum Universitas Negeri Semarang Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Pratama, Anugrah Muhtarom
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Pemenuhan Vaksinasi Covid-19 Sebagai Hak Atas Kesehatan Bagi Masyarakat Adat di Indonesia: Fulfillment of Covid-19 Vaccination as the Right to Health for Indigenous Peoples in Indonesia Pratama, Anugrah Muhtarom
Seminar Nasional Hukum Universitas Negeri Semarang Vol. 7 No. 1 (2021): Seminar Nasional Jaminan Perlindungan Hak Konstitusional dan Implementasinya di
Publisher : Fakultas Hukum Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snhunnes.v7i1.705

Abstract

This article aims to answer how the government's efforts in realizing the fulfillment of Covid-19 vaccination as a right to health for indigenous peoples during the pandemic. Giving Covid-19 vaccination to every citizen has now become an effort in resolving the Covid-19 pandemic. One of the vulnerable groups in the Covid-19 pandemic is indigenous people who have previously been vulnerable due to limited access to health. This article is normative legal research using a statutory approach. The result is that the government has included indigenous peoples into vaccination priorities in Regulation of the Minister of Health No. 84 of 2020. Furthermore, the government's vaccination priority provisions have also been in accordance with the principle of non-discrimination in who's the provision that indigenous peoples are included in vaccination priorities as sociodemographic groups. In this regard, the government has implemented Article 28H paragraph (1) of the 1945 Constitution which stipulates that every citizen is entitled to health services. Furthermore, in the implementation in the field, covid-19 vaccination is only done for Indigenous peoples in Bali. This is done because Bali relies heavily on the tourism sector which is also a lot of custom-based tourism. Meanwhile, baduy indigenous people are vaccinated because their territory is included in the red zone of the spread of Covid-19.
Analysis Principles of Personal Data Protection on COVID-19 Digital Contact Tracing Application: PeduliLindungi Case Study Pratama, Anugrah Muhtarom; Pati, Umi Khaerah
Lex Scientia Law Review Vol 5 No 2 (2021): National Law Development in Enforcement of Justice and Humane Law in the Era of C
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v5i2.50601

Abstract

This article aims to review the application of the principle of personal data protection as part of privacy rights in the PeduliLindungi application considering that on the one hand, the PeduliLindungi application helps the government to reduce the spread of the COVID-19 virus. But on the other hand, there is a threat of misuse of personal data in the future. This background article is based on the use of the PeduliLindungi application, which was initially used to track the spread of the virus during the COVID-19 pandemic. But it seems that the public will increasingly use its use in the future, especially now that it has begun to be planned as an e-wallet and started integrating with several other applications. This article reveals that there has been a dual role by the Ministry of Communication and Informatics as a supervisor and controller of personal data in Indonesia so that it has implications for the PeduliLindungi application that has not fully applied the principles of personal data protection when collecting, processing, and storing personal data. For the future, a comprehensive legal development drive is needed related to the protection of personal data. There is a personal data protection agency and Data Protection Officer (DPO) to more strongly enforce the principles of personal data protection.
ENABLING DATA PORTABILITY AND INTEROPERABILITY UNDER INDONESIA'S DATA PROTECTION LAW Wiwoho, Jamal; Pati, Umi Khaerah; Pratama, Anugrah Muhtarom
Masalah-Masalah Hukum Vol 53, No 3 (2024): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.53.3.2024.271-282

Abstract

The Indonesian parliament ratified the Personal Data Protection (PDP) Law in October 2022, introducing the Right to Data Portability (RtDP) in Article 13. This concept enables seamless information transfer, enhances personal control, and fosters innovation in the digital economy. This study analyzed data portability provisions under the PDP Law and drew insights from the EU and UK's experiences. Findings showed that data portability under the PDP Law, similar to the GDPR, fell short due to the absence of standardized guidelines, interoperability architectures, and non-mandatory compatibility policies. Prioritizing Open APIs for interoperability was crucial. Effective public-private collaboration was key in establishing sector-specific and cross-sector interoperability standards aligned with PDP Law regulations
Indonesia’s Open Banking Future: Designing Effective Regulatory Approaches Pati, Umi Khaerah; Pratama, Anugrah Muhtarom
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.371

Abstract

To determine the most suitable approach for framing open banking regulations, it is crucial to understand the specific goals of open banking adoption in a particular country. By employing a legal comparative approach, this paper explores regulatory frameworks for designing open banking regulation in Indonesia. The analysis encompasses key legislative instruments, such as the Payment Services Directive 2 (PSD2) in the UK, Consumer Data Right (CDR) in Australia, General Data Protection Regulation (GDPR) in the EU, and relevant Indonesian laws. The research finds that the Indonesian Financial Services Authority (OJK) Regulation adopts a ‘bank-centric’ model, granting financial institutions discretionary power over TPP access by establishing bilateral partnerships to facilitate data access. Contrastingly, jurisdictions like the EU, UK, and Australia employ legislative tools that obligate banks to provide TPPs access to customer data upon explicit consent. The ‘bank-centric’ model under OJK Regulation could reduce consumer choice. Additionally, conflicts of interest may arise, with banks favoring their TPPs, undermining fairness. Lack of standardized access might cause market fragmentation. To achieve the objectives outlined in visions two and three of the BSPI 2025, it is crucial to shift from a ‘bank-centric’ model to an inclusive framework that fosters broader participation. This objective can be achieved through the implementation of standardized APIs and a centralized accreditation system for Third-Party Providers (TPPs), as observed in the three countries.
Examining Cryptocurrency Use among Muslim Affiliated Terrorists: Case Typology and Regulatory Challenges in Southeast Asian Countries Wiwoho, Jamal; Pratama, Anugrah Muhtarom; Pati, Umi Khaerah; Pranoto
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 1 (2023)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v18i1.7147

Abstract

Many policymakers and scholars have discussed concerns regarding terrorist group use of cryptocurrency in recent years. While some argue that the threat is still limited, others argue that the current usage of cryptocurrency does not match the entirety of features that terrorist groups require and desire. In the end, it is still critical to recognize that the cryptocurrency used for terrorist financing frequently depends on several influencing factors. This study aims to (i) investigate the utilization of cryptocurrency by Moslem-affiliated terrorists in Southeast Asia; (ii) map the case typology of cryptocurrency use in Southeast Asian terrorist funding; (iii) describe the regulatory challenges raised in Southeast Asia. This research is a type of doctrinal legal one using the statute, case, and conceptual approaches. The results of this study acknowledge the limited but increasing risk of terrorist financing by cryptocurrency over the 2015-2022 timeframe in Southeast Asia. Furthermore, the existing typology of cases uses smurfing and structuring techniques with high and medium levels of risk. This research ends by recommending actions that Southeast Asian country stakeholders can take to reduce the potential of cryptocurrency usage in terrorist funding by harmonizing their counter-terrorist financing regulatory approaches and implementing investigative best practices.
Costumer Explicit Consent Under Indonesian Open Banking Regulations Bajrektarevic, Anis H.; Pati, Umi Khaerah; Towadi, Mellisa; Pratama, Anugrah Muhtarom
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (610.089 KB) | DOI: 10.33756/jlr.v4i2.15377

Abstract

The implementation of GDPR and PSD2 in the EU as well as the PSD2 alignment with GDPR, encourage central banks in various countries including Indonesia to immediately implement an open banking system that also prioritizes privacy data protection. The PDP bill principle of explicit consent must be applied in open banking financial transactions that in Indonesia as stated in the National Standard Open API Payment (SNAP) 2021 (a Technical Standards and Governance Guideline). However, there are some fundamental differences regulated in PSD2 when compared to SNAP which will hinder Indonesia's adequate GDPR. This research is normative research with statutory approach and comparative approach. The results showed that there are some fundamental differences between PSD2 and SNAP, including the parties involved, data portability and the concept of re-consent or re-confirmation which are not regulated in SNAP but regulated in PSD2, for the concept of sensitive data payment, neither SNAP nor PSD2 provide the specific concept, both define it broadly.
Can Dual-Class Shares Thrive in Indonesia’s Capital Market? A Legal Comparison with Asia’s Financial Powerhouses Pati, Umi Khaerah; Pratama, Anugrah Muhtarom
Pandecta Research Law Journal Vol. 19 No. 2 (2024): December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v19i2.4978

Abstract

The introduction of dual-class shares (DCS) in Indonesia, particularly for technology startups, aims to foster innovation and enhance market competitiveness by allowing firms to retain control while accessing capital. This study investigates the implementation of multiple voting shares (MVS) within the DCS framework as outlined in POJK Number 22/POJK.04/2021, analyzing its effectiveness in Indonesia compared to other Asian financial hubs like Hong Kong and China, and offering a comparative legal analysis with the United States and Singapore. The findings reveal that despite the potential of DCS, Indonesia’s capital market faces challenges, including the reluctance of companies to adopt this structure due to stringent requirements such as market capitalization and audited revenue, which often impede startups from going public. In contrast, countries like the United States and Singapore have adopted a more flexible approach, omitting such requirements, making the DCS model more attractive. The research underscores the urgency for Indonesia to reconsider its regulatory approach to technology startups and capital market access. The novelty of this study lies in its comparative analysis across diverse jurisdictions, identifying legal and regulatory barriers to the successful adoption of DCS in Indonesia. This study contributes to the discourse by proposing a hybrid regulatory approach, suggesting that market capitalization and audited revenue should only be considered when sustainability points cannot be quantified, as practiced in the United States and Singapore. Such a shift could help Indonesia foster a more dynamic and inclusive capital market, encouraging the growth of technology startups while maintaining investor protection and market stability.
Co-Authors Bajrektarevic, Anis H. Jamal Wiwoho Mellisa Towadi Pati, Umi Khaerah PRANOTO