Garuda - Garba Rujukan Digital

PENYELESAIAN PERSELISIHAN DI PENGADILAN HUBUNGAN INDUSTRIAL Hono Sejati
Jurnal Spektrum Hukum PMIH UNTAG Semarang Vol 15, No 1 (2018): Jurnal SPEKTRUM HUKUM
Publisher : PMIH Untag Semarang

The Urgency of Legal Reform for the Legality of Digital Currency in Indonesia Agus Joko Lelono; Mohamad Tohari; Hono Sejati
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2156

The purpose of this study is to explore the understanding and analyze the legal updates regarding the validity of money as a transaction tool in Indonesia and to understand and analyze the validity of electronic money used as an intermediary for electronic transactions. The method used in this study is normative legal research with a focus on legislation, applying qualitative descriptive data analysis techniques. The research results indicate that money serves several functions, including as a medium of exchange, store of value, unit of account, and deferred payment measure. The use of Indonesian Rupiah is regulated by several laws, including Emergency Law No. 20 of 1951, Currency Law, and Bank Indonesia Law. The validity of electronic money is regulated by Bank Indonesia Regulation No. 11/12/PBI/2009 concerning Electronic Money or Non-Cash Money (E-money). The purpose of this regulation is to encourage society to transition from using cash to non-cash or E-money. Electronic money is one type of non-cash payment instrument, along with paper-based payment instruments such as checks and promissory notes, as well as paperless payment instruments such as electronic fund transfers and card payments such as ATMs, credit cards, debit cards, and prepaid cards. These non-cash payments do not use physical money as a payment instrument but rely on innovations in electronic payments.

Implementation of Road Traffic Observation with ETLE as a Form of Legal Development in the Digital Era Loeky Kristanto; Wieke Dewi Suryandari; Hono Sejati
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2159

Legal development in the digital era, the implementation of road traffic monitoring with ETLE (Electronic Traffic Law Enforcement) is a new thing in Indonesia. As an innovation, the electronic traffic monitoring system (ETLE) continues to experience continuous development and improvement. It is relevant because the development of ETLE is conducted within an existing legal framework related to traffic regulations, which will most likely interact with other legal aspects in the context of road traffic law enforcement. The research aims to examine the existence of ETLE in the context of the development of traffic law in Indonesia in the digital era, as well as the extent to which traffic law in force in Indonesia is appropriate in responding to the use of ETLE as a new tool in enforcing road traffic law. The method used is a normative juridical method by reviewing existing regulations and literature related to the application of ETLE and traffic law in Indonesia. The research results show that ETLE is a lineup with the direction of the development of Indonesian national law, especially in the context of the current digital era. Apart from that, traffic law in Indonesia also tends to be in line with the use of ETLE as a new tool in enforcing traffic law, although several legal aspects need special attention.

Legal Protection for Consumers for Personal Data in the Use of Financial Technology Alexander Salim; Hono Sejati; Tri Susilowati
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2161

Financial technology is a term that refers to the use of technology to improve and simplify financial services. Fintech includes a variety of applications, services, and products that use technology to provide more efficient, faster, and more accessible financial services for consumers and businesses. Although the Fintech business offers many benefits, its enactment also carries potential risks. The two major risks faced are consumer data security and transaction errors. The risk of data privacy security is that Fintech often relies on digital data, so cyber security and data privacy risks are a big concern, cases of hacking, identity theft, and data leaks can have a significant impact on consumers, while what is meant by the risk of transaction errors is that the majority of Fintech transactions are digitally conducted, technical errors or system failures can result in transaction errors, which can be detrimental to consumers or companies. These two risks can cause losses for all parties involved in the Fintech business. The emergence of online crimes, such as data interception, hacking, and cybercrime in financial transactions, has made people skeptical of online transactions. Legal protection for consumers' personal data is essential because personal data includes sensitive information to identify, track, or exploit individuals. Forms of legal protection related to fintech personal data are regulated in Minister of Communication and Information Regulation Number 20 of 2016 concerning the Protection of Personal Data in Electronic Systems, Financial Services Authority Regulation Number 13/POJK.02/2018 concerning Digital Financial Innovation, and Financial Services Authority Regulation Number 1/POJK. 07/2013 concerning Consumer Protection in the Financial Services Sector

Validity of Digital Signature Evidence as Valid Evidence in Civil Procedure Law Neilpon Yulinar Marquez; Hono Sejati; Mohamad Tohari
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2163

Indonesia is entering a globalization era that drives technological advancements and business activities towards greater efficiency, particularly in the form of e-commerce. The use of Digital Signatures in its development is starting to shift the dominance of conventional signatures in agreements typically made on paper. Based on civil procedural law systems, judges are bound by valid evidence, implying that judicial decisions are limited by the evidence regulated by the law (HIR/RGB). This study adopts a doctrinal approach, examining law based on legislative regulations and legal concepts, and utilizing various data sources such as primary, secondary, and tertiary legal documents. Data collection methods include legal literature, legislative regulations, scientific literature, and relevant internet information on the discussed topic. The research findings indicate that a digital signature is not a replica of a conventional signature scanned using a scanner, but rather utilizes cryptographic techniques. The principle of lex specialis derogat legi generali states that the use of digital signatures in Civil Procedural Law holds a legal equivalence to authentic deeds.

Legal Vacuum Regarding the Election of the Head of the District Which is Followed by Only a Single Candidate Hono Sejati; Wieke Dewi Suryandari
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 1 (2025): Januari : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i1.281

This study seeks to examine the legal vacuum surrounding regional head elections that feature only a single candidate, as well as the legal implications that arise from this scenario. In a democratic system, the principle of popular sovereignty necessitates a fair and free electoral process; however, the absence of clear regulations for regional head elections with a solitary candidate can jeopardize the integrity of this principle. Employing a normative legal methodology with both legislative and conceptual approaches, this study investigates various regulations that govern regional head elections and assesses how this legal vacuum impacts the electoral process and the constitutional rights of citizens. Additionally, the study identifies several strategies to address the legal vacuum, which include establishing clear legal provisions for the election process involving a single candidate, implementing a plebiscite mechanism, and enhancing transparency throughout the electoral process. The findings suggest that a more definitive and explicit legal framework is essential to uphold the principle of popular sovereignty in regional head elections featuring a single candidate.

Legal Reconstruction of the Legality of Digital Telemedicine in the Health Industry Rene Zakharia Pongsilurang; Hono Sejati; Wieke Dewi Suryandari
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.178

The emergence of telemedicine as a digital transformation in the healthcare industry is a remarkable innovation that merges cutting-edge technology with community involvement. The progress has been found to enhance the quality of healthcare services but also poses challenges to ethical values in medicine that must be upheld to safeguard human dignity. Consequently, there is a pressing need to reform laws that can safeguard both healthcare providers and patients. Suggested legal reforms include modifying medical practice regulations to ensure equitable legal protection for doctors and patients during telemedicine consultations and bolstering the use of medical records as evidence in conflict resolution. These measures are aimed at ensuring that technological advancements in healthcare align with the values of Pancasila, which prioritize scientific values, fairness, justice, humanity, and balance, as well as the safety and protection of patients.

The Urgency of Legal Reform for the Legality of Digital Currency in Indonesia Agus Joko Lelono; Mohamad Tohari; Hono Sejati
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2156

The purpose of this study is to explore the understanding and analyze the legal updates regarding the validity of money as a transaction tool in Indonesia and to understand and analyze the validity of electronic money used as an intermediary for electronic transactions. The method used in this study is normative legal research with a focus on legislation, applying qualitative descriptive data analysis techniques. The research results indicate that money serves several functions, including as a medium of exchange, store of value, unit of account, and deferred payment measure. The use of Indonesian Rupiah is regulated by several laws, including Emergency Law No. 20 of 1951, Currency Law, and Bank Indonesia Law. The validity of electronic money is regulated by Bank Indonesia Regulation No. 11/12/PBI/2009 concerning Electronic Money or Non-Cash Money (E-money). The purpose of this regulation is to encourage society to transition from using cash to non-cash or E-money. Electronic money is one type of non-cash payment instrument, along with paper-based payment instruments such as checks and promissory notes, as well as paperless payment instruments such as electronic fund transfers and card payments such as ATMs, credit cards, debit cards, and prepaid cards. These non-cash payments do not use physical money as a payment instrument but rely on innovations in electronic payments.

Implementation of Road Traffic Observation with ETLE as a Form of Legal Development in the Digital Era Loeky Kristanto; Wieke Dewi Suryandari; Hono Sejati
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2159

Legal development in the digital era, the implementation of road traffic monitoring with ETLE (Electronic Traffic Law Enforcement) is a new thing in Indonesia. As an innovation, the electronic traffic monitoring system (ETLE) continues to experience continuous development and improvement. It is relevant because the development of ETLE is conducted within an existing legal framework related to traffic regulations, which will most likely interact with other legal aspects in the context of road traffic law enforcement. The research aims to examine the existence of ETLE in the context of the development of traffic law in Indonesia in the digital era, as well as the extent to which traffic law in force in Indonesia is appropriate in responding to the use of ETLE as a new tool in enforcing road traffic law. The method used is a normative juridical method by reviewing existing regulations and literature related to the application of ETLE and traffic law in Indonesia. The research results show that ETLE is a lineup with the direction of the development of Indonesian national law, especially in the context of the current digital era. Apart from that, traffic law in Indonesia also tends to be in line with the use of ETLE as a new tool in enforcing traffic law, although several legal aspects need special attention.

Legal Protection for Consumers for Personal Data in the Use of Financial Technology Alexander Salim; Hono Sejati; Tri Susilowati
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2161

Financial technology is a term that refers to the use of technology to improve and simplify financial services. Fintech includes a variety of applications, services, and products that use technology to provide more efficient, faster, and more accessible financial services for consumers and businesses. Although the Fintech business offers many benefits, its enactment also carries potential risks. The two major risks faced are consumer data security and transaction errors. The risk of data privacy security is that Fintech often relies on digital data, so cyber security and data privacy risks are a big concern, cases of hacking, identity theft, and data leaks can have a significant impact on consumers, while what is meant by the risk of transaction errors is that the majority of Fintech transactions are digitally conducted, technical errors or system failures can result in transaction errors, which can be detrimental to consumers or companies. These two risks can cause losses for all parties involved in the Fintech business. The emergence of online crimes, such as data interception, hacking, and cybercrime in financial transactions, has made people skeptical of online transactions. Legal protection for consumers' personal data is essential because personal data includes sensitive information to identify, track, or exploit individuals. Forms of legal protection related to fintech personal data are regulated in Minister of Communication and Information Regulation Number 20 of 2016 concerning the Protection of Personal Data in Electronic Systems, Financial Services Authority Regulation Number 13/POJK.02/2018 concerning Digital Financial Innovation, and Financial Services Authority Regulation Number 1/POJK. 07/2013 concerning Consumer Protection in the Financial Services Sector

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