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All Journal Al-Ahkam Devotion: Journal of Research and Community Service International Journal of Social Service and Research Indonesian Journal of Multidisciplinary Science Journal of Social Research Journal Of World Science Journal of Social Science Return : Study of Management, Economic and Bussines INJURITY: Journal of Interdisciplinary Studies Jurnal Indonesia Sosial Sains Jurnal Hukum Indonesia Jurnal Ekonomi, Teknologi dan Bisnis Rechtsnormen Journal of Law JURNAL RETENTUM Asian Journal of Social and Humanities Lex Librum : Jurnal Ilmu Hukum
Barthos, Megawati
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Implementation of Consumer Personal Data Protection in Ecommerce from the Perspective of Law No. 27 of 2022 Ahyar Wiraguna, Sidi; Sulaiman, Abdullah; Barthos, Megawati
Journal of World Science Vol. 3 No. 3 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i3.584

Abstract

This research aims to analyze the implementation of the Personal Data Protection Law (PDP Law) No. 27 of 2022 in the e-commerce sector in Indonesia, with a focus on consumer data protection. The method used is normative juridical, focusing on analyzing relevant documents and regulations to outline the legal framework and its application in e-commerce practices. Sources of legal materials include laws and regulations, academic literature, and interviews with legal experts and e-commerce practitioners. The results show that e-commerce companies have made significant adjustments to comply with the PDP Law, including improved privacy policies and investments in data security technologies. However, challenges to the full implementation of the PDP Law remain, particularly regarding consumers' and companies' awareness and understanding of the rights and obligations stipulated in the PDP Law. While there has been an increase in consumer trust in e-commerce platforms, increasing consumer awareness and active participation in the protection of their data still requires further efforts. The implication of this study is that the PDP Law No. 27 of 2022 has provided a stronger and more comprehensive legal framework for consumer data protection in Indonesia's e-commerce sector. However, to maximize the effectiveness of this law, a concerted effort is needed between regulators, the e-commerce industry, and the wider public to improve education and awareness of personal data protection, as well as ongoing adjustments to data management practices by e-commerce companies.
Strengthening the Authority of Police Investigators in Addressing Criminal Offenses of Disseminating False News in the Digital Era Setyawan, Apri Aji; Barthos, Megawati
Journal of World Science Vol. 3 No. 12 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i12.1244

Abstract

The rapid advancement of digital technology has made the dissemination of false news a significant global issue, posing threats to social, political, and economic stability. This research investigates the challenges faced by police investigators in combating the criminal offense of disseminating false news in Indonesia and proposes innovative solutions to strengthen their authority. Using a normative juridical research method, the study explores legal, institutional, and technical factors contributing to investigative inefficiencies. Key issues identified include outdated legal frameworks, limited investigator capacity, weak organizational structures, and insufficient inter-agency collaboration. The study’s novelty lies in its multi-faceted approach to addressing these gaps. It proposes revising legal regulations to align with evolving technological dynamics, establishing more precise definitions of false news, and strengthening legal obligations for social media platforms. Additionally, the research highlights the importance of specialized training and professional certification for police investigators to enhance their technical and investigative skills. An advanced organizational structure is recommended, including the creation of a dedicated cybercrime unit equipped with state-of-the-art technology and international cooperation capabilities. To ensure transparency and accountability, the study also suggests implementing a robust oversight mechanism to monitor investigative actions, prevent abuse of authority, and foster public trust. By integrating these strategies, the proposed solutions aim to create a more effective and technology-responsive law enforcement system capable of addressing the complex challenges posed by the dissemination of false news in the digital age. These recommendations contribute to the broader discourse on modernizing law enforcement in an increasingly digitalized world.
Legal Vacuum Regarding the Filling of Regional Heads During the Transition Period of the 2024 Simultaneous Regional Elections Rustam, Rustam; Barthos, Megawati
Return : Study of Management, Economic and Bussines Vol. 3 No. 12 (2024): Return: Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i12.299

Abstract

This study explores the legal vacuum in filling regional head positions during the transitional period of the 2024 Simultaneous Regional Elections in Indonesia. The transitional period poses challenges in appointing interim regional heads, as existing regulations lack clarity on authority, responsibilities, and legitimacy. This research aims to analyze the gaps in the legal framework and provide recommendations to address these issues. Utilizing normative legal research methods with a statute and conceptual approach, this study examines existing laws and regulations, including Law No. 10 of 2016 and related ministerial regulations. The findings reveal significant limitations in defining the scope of interim officials' authority, creating uncertainty in governance and public trust. The research concludes that the absence of comprehensive regulations impacts regional administration stability, emphasizing the urgency of establishing clear guidelines for interim appointments. By addressing these legal voids, the study offers solutions to ensure effective governance, enhance transparency, and uphold democratic principles during the transitional period.  
Legal certainty regarding online legal consultation regulations by advocates Taufan, Ridwan Anthony; Barthos, Megawati
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 3 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i3.1042

Abstract

The legal landscape surrounding online legal consultations in Indonesia is complex. This research aims to analyze the legal certainty surrounding the regulation of online legal consults by advocates in Indonesia, contributing significantly to the understanding of the existing legal framework governing these services. Thematic analysis was employed to identify key themes and patterns related to the legal and ethical challenges faced in practice. The findings provide guidance for policymakers on the need for clearer regulations, which could enhance standards and protections for both advocates and clients. Increasing advocates' knowledge about the regulations and ethics of online consultations, developing secure platforms, and clearly promoting legal services to the public are essential steps to create trust and enhance public participation in utilizing these services, while also laying the groundwork for future studies on related topics.
Legal Uncertainty in the Application of Simple Proof in Bankruptcy Cases and Suspension of Debt Payment Obligations Prasetyo, Rahmad; Barthos, Megawati
Asian Journal of Social and Humanities Vol. 3 No. 2 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i2.444

Abstract

The Asian monetary crisis of 1997 triggered significant changes in the Indonesian legal system, including the reform of bankruptcy laws marked by the emergence of Law No. 4 of 1998 and later Law No. 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligations (PKPU). This crisis underscored the need for a fair and effective debt resolution mechanism. This research uses a normative juridical approach with descriptive analysis methods to examine the application of the pari passu pro rata partem concept and simple proof in the Bankruptcy Law. The data sources used are secondary data consisting of legislation, legal literature, and related court decisions. The results show that the practice of applying simple proof often leads to inconsistency in judges' decisions because the law does not clearly specify the definition of "simple" in this context. Several cases demonstrate difficulties in simply proving the existence of debts, which ultimately leads to the rejection of bankruptcy petitions. Additionally, the conflict of legal norms between the Bankruptcy Law and the Mortgage Law creates challenges in the execution of mortgage rights. Therefore, under the current context, the Bankruptcy Law, which emerged during the financial crisis, is no longer entirely relevant, and the concept of simple proof in Article 8 paragraph (4) of the Bankruptcy Law and PKPU needs to be reassessed to ensure fairness for creditors and debtors.
Procedures For Sustainable Credit Disbursement In The Banking Sector In Realizing Justice Samosir, Redy Rahmad; Sulaiman, Abdullah; Barthos, Megawati
Journal of Social Research Vol. 3 No. 2 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1898

Abstract

This research explores sustainable lending procedures in the Indonesian banking sector, which is the key to fair and sustainable economic development. Based on Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 concerning Banking, as well as Law No. 21 of 2011 amended by Law No. 4 of 2023 concerning Development and Strengthening of the Financial Sector, this study explores the implementation of Financial Services Authority Regulation No. 51/POJK.03/2017. Using a qualitative approach, researchers inventory and analyze relevant legal materials to assess the effectiveness of sustainable lending. The research findings show that despite progress, improvements in supervision and risk management are still needed to ensure sustainable financial practices. This research proposes a credit distribution model that takes into account the principles of justice and sustainability, through strategic coordination between financial institutions, government, and other stakeholders to achieve appropriate economic development goals based on the 1954 Constitution
Criminal Law Reform in Addressing the Gratification Loophole Disguised as Grants Amiruddin, Sulaiman; Barthos, Megawati
Journal of Social Research Vol. 4 No. 1 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i1.2329

Abstract

This study aims to analyze the legal loopholes that exist in the regulation of gratification and grants in Indonesia, as well as the implications of these loopholes for the integrity of the legal system and public trust in the government. Using a normative legal approach, this study explores the definition, scope, and fundamental differences between gratification and grants under the provisions of applicable laws. The results of the study indicate that the ambiguity in these regulations has facilitated the practice of gratification disguised as grants, thereby reducing the effectiveness of law enforcement. This study recommends reforming the criminal law that includes a clearer and more comprehensive definition as well as a stricter oversight mechanism to prevent abuse and create a more transparent and accountable legal system.
Postponement Arrangements of Election From The Perspective of The 1945 Constitution of The Republic of Indonesia Jasi, Askolani; Barthos, Megawati; Santiago, Faisal
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.818

Abstract

Abstract. Provisions regarding the postponement of the implementation of elections have been regulated in Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Prior to the election, there have always been efforts from several parties who wished that elections could be held in a direct, public, free, honest, fair, and transparent manner. However, this matter was deliberately brought up, so that the implementation of the General Election could be delayed from the previous schedule for some reason. Nevertheless, the implementation of the Election can be postponed, as long as it does not violate the applicable laws and regulations, and has received legal approval based on the results of a Judge's decision in court. The after-effect of the delay in the implementation of the election itself can end in the need for an amendment to Article 22E paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Thus, even though it is legal in the eyes of the law if the implementation of the election is postponed, considering the impact that needs to be caused, all parties, starting from elements of the Legislature and Judiciary in making decisions related to the possibility of holding elections properly and correctly, without political elements involved.
Restorative Justice Crime Of Narcotics In The Elderly With Narcotic Evidence Sasongko, Bayu; Barthos, Megawati; Suparno, Suparno
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.826

Abstract

The fact that there is numerous abuse of narcotics and dangerous drugs in Indonesia today is inseparable from the many modes and justifications used by these abusers in carrying out their actions. The exploration is remembered for the regularizing juridical assessment, the strategy involved by the creator as the peculiarities concentrate on that happens connected with the utilization of helpful equity in drug cases has been performed at the examination site. The results are that the Crook Code Bill has thought about the age of the more established in the criminal system, by setting the age north of 75 years for guilty parties of criminal goes about very far they are not open to confinement. In the conversation of Article 72 of the Lawbreaker Code Bill, this age limit was deferred, between the time of "north of 70 years" or "more than 75 years" for culprits of criminal goes about quite far they were not expose to detainment. This arrangement was one of the issues forthcoming at the Detailing Group Meeting (Timus), yet at the accompanying Timus Meeting concurred that "mature more than 75 years" for culprits to try not to be condemned to jail quite far (become Article 76), considering the future that the higher it is. For the elderly who are caught in drug abuse cases, consider the interests of the perpetrators who act as victims by prioritizing rehabilitation efforts as the best way to return the perpetrators to the condition they were in before committing drug abuse
Violent Crime Policies in the Teaching and Learning Process in a Criminal Law Perspective Rohmatullah, Rohmatullah; Arief Fakrulloh, Zudan; Barthos, Megawati
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.833

Abstract

The reason for viciousness against understudies can happen on the grounds that educators don't grasp the significance of brutality and its unfortunate results. The instructor felt that the understudies would be stopped by whipping. Then again, understudies become angry and defiant to the educator. The conditions and background of acts of violence in education are strung together in a spiral relationship that can appear at any time, by any perpetrator who is involved in an educational institution, as long as there is a trigger for the incident. Recently, there have been various cases that occurred in the educational environment related to violence perpetrated by teachers against their students. Most of the occurrences are caused by the application of disciplinary norms that are too forced on students. Meanwhile, not all students are accustomed to disciplinary behavior. The wrong way of instilling discipline can be in the form of both physical and mental violence against children. The most visible thing is physical violence. It is not uncommon for this to go to court because parents feel they have been disadvantaged.
Co-Authors Agus Supriyanto ahmad yani Ahyar Wiraguna, Sidi Amiruddin, Sulaiman Antoni Antoni Ariansyah, Ruli Arief Fakrulloh, Zudan Badrunsyah, Badrunsyah Bayu Sasongko Desman, Yose Dwi Prakoso, Agung Fahrur Rozi, Agus Faisal Santiago, Faisal Faisal, Thomy Jasi, Askolani Leo, Maria Lingga Nugraha Loka, Cahya Lutfi Efendi M. Zahlan, M. Zahlan Masudianto, Dwi Nugroho Muchtarom, Achmad Muhammad Hasyim, Muhammad Prasetyo, Rahmad Purwanti, Nina Rahmad Samosir, Redy Rika Santina Rohmatullah, Rohmatullah Rustam Rustam Samosir, Redy Rahmad Saputra, Tri Eka Sara, Rineke Setyawan, Apri Aji Siregar, Hotman Situmeang, Ojak Sukendar Situmorang, Suhadi Sulaiman, Abdullah Suparno Suparno SYAHRIAL SYAHRIAL Taufan, Ridwan Anthony Utomo, Kukuh Setio Wahyu Widodo Wiweka Wiweka