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All Journal Pandecta Abdimas Rekayasa: Jurnal Penerapan Teknologi dan Pembelajaran The POLITICS : Jurnal Magister Ilmu Politik Universitas Hasanuddin Sriwijaya Law Review Journal of Indonesian Legal Studies Jurnal Hukum Acara Perdata ADHAPER Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Jambura Law Review Indonesian Journal of Advocacy and Legal Services Jurnal Hukum Acara Perdata Unnes Law Journal Seminar Nasional Hukum Universitas Negeri Semarang Law Research Review Quarterly Jurnal Pengabdian kepada Masyarakat Nusantara Indonesian Journal of Law and Policy Studies Borobudur Law Review IBLAM Law Review Jurnal Bina Desa Annual Review of Legal Studies SASI Journal of Law and Legal Reform The Indonesian Journal of International Clinical Legal Education Jurnal Abdimas Journal of Private and Commercial Law Indonesian Journal of Advocacy and Legal Services The Digest: Journal of Jurisprudence and legisprudence JILS (Journal of Indonesian Legal Studies) Law Research Review Quarterly Nawadeepa: Jurnal Pengabdian Masyarakat Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Nurul Fibrianti
Fakultas Hukum, Universitas Negeri Semarang
Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Transportation Other

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Clashing Legal Realities: A Comparative Analysis of Insolvency Tests in Australia and Indonesia's Bankruptcy Law Riyanto, R Benny; Arifin, Ridwan; Fibrianti, Nurul; Laryea, Emmanual; Syahputra, Bearlly Deo
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27327

Abstract

This comparative study explores the insolvency test frameworks in Australia and Indonesia, focusing on the legal perspectives within their respective bankruptcy laws. In Australia, the insolvency test is governed by the Corporations Act 2001, which employs a dual approach: the balance sheet test, assessing whether liabilities exceed assets, and the cash flow test, evaluating a company's ability to meet debts as they fall due. This combination aims to offer a comprehensive picture of a company's financial health, facilitating early intervention to prevent insolvency. In contrast, Indonesia's insolvency regime, regulated by the Insolvency and Suspension of Debt Payment Obligations Law (UUPK), adopts a more creditor-centric approach, emphasizing the debtor's ability to meet debt obligations rather than focusing on asset-liability balances or cash flow. This disparity reflects differing legal frameworks and economic contexts, which in turn affect the efficiency and effectiveness of insolvency proceedings in each country. The study utilizes a comparative legal research approach, analyzing primary legal texts, case law, and secondary literature to examine the procedural differences, particularly in the initiation of bankruptcy claims and the protection of creditors' rights. It also explores how these divergent insolvency tests shape the resolution of financial distress, considering both legal and practical implications in the respective jurisdictions. The findings highlight key contrasts in how insolvency is defined and addressed, with Australia prioritizing preventative measures and a holistic view of financial health, while Indonesia's system places more emphasis on creditor protection and debt repayment capacity. The study concludes with recommendations aimed at improving alignment and efficacy within each legal framework, proposing adjustments that could enhance financial stability and optimize outcomes for stakeholders in both countries.
Procurement Challenges in Universities: A Snapshot and Legal Reform Approaches to Resolution Fibrianti, Nurul; Rahayu, Sang Ayu Putu; Fidiyani, Rini; Putra, Tegar Islami; Prasetya, Rizky Andeza
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.12361

Abstract

Procurement is not limited to the scope of goods but also extends to services. Therefore, it is essential to both quality goods and services. However, it cannot be denied that universities face various obstacles in terms of procuring goods and services, leading to several challenges. The problems addressed in this research are: (1) What are the issues faced in the procurement of goods and services at universities? (2) What is the problem-solving model for procurement of goods and services at universities? This research utilizes a qualitative approach, with a sociological juridical research method, or non-doctrinal research.
Basis of Data Protection Officer Appointment: Comparative Study of Indonesia and European Union Regulation Putra, Tegar Islami; Fibrianti, Nurul; Fakhrullah, Mohammad Raziq
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2068

Abstract

Introduction: The utilization of information technology makes it very easy for a person's Personal Data to be collected and transferred from one party to another without the knowledge of the Personal Data Subject. Personal data controller As a form and effort of protection, it is mandatory to appoint a Data Protection Officer and carry out functions and duties in accordance with the law. To be able to fulfill these functions and duties, it is important to determine the Basis of Data Protection Officer Appointment.Purposes of the Research: The research aims to explain and analyze the comparison of Basis of Data Protection Officer Appointment between Indonesia and Europe Union.Methods of the Research: The research method used in this study is the normative juridical research method with qualitative approach that identifying issues through in-depth analysis of relevant legal regulations concerning the concept of Data Protection Officer Appointment and also employs a comparative study.Results Main Findings of the Research: This study found that the Basis of Data Protection Officer Appointment in Indonesia and the European Union have similar and different aspects of professionalism and ability to fulfill duties. Meanwhile, there are differences in terms of personal data protection practices, where the Indonesian regulation separates knowledge of the law, the practice of Personal Data Protection as the basis for the appointment of data protection officers. Whereas the rules in the European Union combine them so that they have a basis for expert knowledge of data protection law.
Independent Authority on Personal Data Protection in Illegal Financial Technology: Capturing Peer-to-Peer (P2P) Lending Issues Bearlly Deo Syahputra; Nurul Fibrianti
Journal of Private and Commercial Law Vol. 8 No. 1 (2024): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

  Today's innovative industry is rapidly growing, fuelled by technology utilization and an increasingly diverse range of economic models. One of these models includes the rise of illegal financial technology peer-to-peer lending (illegal fintech P2P lending), which is increasingly gaining popularity within society. There exist various regulations designed to safeguard the personal data of debtors involved in illegal fintech P2P lending. This study employs a normative doctrinal approach utilizing three research methodologies: statute, comparative, and conceptual approach. The research reveals that while some standard rules have been elucidated, there lacks specificity regarding the responsible institution. The study collected information indicating numerous instances of debtors misusing personal data through illegal fintech P2P lending This highlights the continuous legal framework overseeing the balancing act of safeguarding personal data in Indonesia. comparing it to the typical legal principles governing personal data protection in other nations with principles on common law. Consequently, this study concludes that the current handling of debtors' personal data misuse in illegal fintech P2P lending by the Personal Data Protection Agency remains sectoral. It emphasizes the necessity for a more comprehensive, independent institution to offer optimal legal protection for debtors' personal data in the context of illegal P2P lending using fintech.
Critically Reveal The Dimensions of Damage From Unauthorized Use of Personal Data: Study of Decision Number 78/Pid.Sus/2024/PN. Tng Putra, Tegar Islami; Fibrianti, Nurul; Fakhis, Adinda Zeranica Putri; Mohammad Raziq Fakhrullah
The Digest: Journal of Jurisprudence and Legisprudence Vol. 5 No. 2 (2024): The Digest, December 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v5i2.19941

Abstract

Unauthorized use of personal data can cause harm to personal data subjects. In its mandate, Decision Number 78/Pid.Sus/2024/PN Tng provides a general outline of the potential harm that may occur to personal data subjects. However, the decision does not specifically explain the forms of loss and its impact on personal data subjects. This research critically discusses the forms of crimes causing harm and their impact on personal data subjects' damage due to unauthorized use of personal data in Decision Number 78/Pid.Sus/2024/PN Tng. The research employs the Library Research method, also known as Legal Research, which focuses on analyzing primary and secondary legal materials based on existing literature. The findings indicate that several general regulations in Indonesia address the crime of unauthorized use of personal data, including Law Number 24 of 2013, Law Number 1 of 2024, Law Number 14 of 2008, and Law Number 27 of 2022. Meanwhile, Decision Number 78/Pid.Sus/2024/PN Tng outlines the damage to personal data subjects resulting from unauthorized use of personal data, with this study revealing various impacts of damage both materially and non-materially.
Increasing Public Understanding of the Prevention and Complaints of Fraudulent Investments Suprapti, Duhita Driyah; Fibrianti, Nurul; Maharani, Anggun Meinanda
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 2 (2022): Mainstreaming Justice through Advocacy in Various Aspects
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i2.29829

Abstract

The many offers of high income make many people interested in investing. People's carelessness backfires on those who are victims of fraudulent investments. Illegal investment or more commonly known as a fraudulent investment is indeed carrying out investment activities that are not following existing regulations. The ease of access to information and the affordability of technology today has become the ground for illegal investment actors to look for victims. Investments that initially aim to obtain maximum income from existing capital in the future harm investors. In illegal assets, it is not only the activities that are not appropriate, but the completeness of the licensing documents for investment companies is also incomplete. Many types of activities resemble investments but are fake or illegal. The victims of this activity are not only a few. Even from all walks of life are victims of this irresponsible activity. This service is carried out by educating the public regarding complaints and assisting with illegal investments. This service will be carried out by providing investment training for the community in Kalipancur Village, especially for mothers and teenagers who are often the target of investment fraud. Such an approach is expected to provide validity of the results as a good outcome. This training is considered efficient and effective because the public understands and understands commercial transactions through the internet to increase their knowledge to increase their income and standard of living.
Trademarks and The Protection for Business Actors in Indonesia: Some Contemporary Issues and Problems Fibrianti, Nurul
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 1 (2020): Legal Protection in Broader Context in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i1.22892

Abstract

The brand represents the identification to distinguish the results of the production of one business with other businesses, the brand is used as a product promotion tool, therefore the trademark is very important to protect the business. Through Law No. 20 of 2016, the state gives approval to all trademarks supported by businesses by requesting these trademarks. But only 4% of the number of SMEs that fulfill the trademark. Micro, small and medium business operators are not required trademarks because of their understanding and importance of trademarks, paid trademark registration and the complexity of the process and requirements for trademark registration are also additional supplements for SMEs. Therefore, there is a need for enhanced socialization of the importance of trademark registration and assistance with trademark registration.
Advocacy for Business Protection: The Role of Business Identification Numbers in Safeguarding Business Actors Fibrianti, Nurul; Maharani, Chatila; Sari, Maylia Pramono; Paramita, Niken Diah; Viana, Anisa Okta; Putra, Tegar Islami
Indonesian Journal of Advocacy and Legal Services Vol. 6 No. 2 (2024): Navigating Justice: Empowering Communities with Legal Advocacy and Support
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i2.30574

Abstract

The provision of a Business Identification Number (NIB) is an important thing for business actors. One of the benefits of the issuance of NIB for business actors is that the government can provide assistance by means of technical guidance, consultation, and training to increase knowledge of the application of Indonesian national standards and halal product guarantee certification, and so on. However, today, there are still many business actors who do not know how the benefits of NIB for business actors, especially the role of NIB in protecting business actors. This article aims to find out how the role of the Business Identification Number in protecting business actors in Indonesia. This study uses normative juridical research method. The results showed that there are several roles of the Business Identification Number in protecting business actors. Business actors get legal protection in carrying out business operations. In addition, NIB also functions as a legal identity for business actors, which allows them to obtain valid business licenses, commercial licenses, and operations. In addition, NIB makes it easier for businesses to apply for business licenses and fulfill legality requirements. NIB can also increase the competitiveness of business actors by fulfilling the requirements to obtain certification. The issuance of NIB for business actors can be a form of contribution to the development of a better business ecosystem.
Advancing Pancasila Through Community Engagement: The Contribution of Universities to Ideological and National Awareness in Kenteng Village Arifin, Ridwan; Riyanto, R. Benny; Fibrianti, Nurul; Karsinah, Karsinah
Indonesian Journal of Advocacy and Legal Services Vol. 6 No. 2 (2024): Navigating Justice: Empowering Communities with Legal Advocacy and Support
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i2.30578

Abstract

This paper explores the role of universities in advancing Pancasila as a guiding ideology through community engagement in Kenteng Village. As Indonesia faces challenges in maintaining national identity and unity, the significance of Pancasila— the nation’s foundational philosophical framework—cannot be overstated. The study examines a collaborative program initiated by a local university aimed at fostering ideological understanding and enhancing national awareness among villagers. Through workshops, seminars, and hands-on activities, university students and faculty worked closely with the Kenteng community to facilitate discussions on Pancasila values, encouraging active participation in civic life. The program also aimed to empower villagers by equipping them with skills and knowledge to promote social cohesion and resilience. The findings indicate that the initiative not only deepened the community's appreciation for Pancasila but also strengthened ties between the university and the village. Participants reported increased awareness of national issues and a stronger commitment to local governance and community development. This case study demonstrates that effective community engagement by universities can serve as a model for similar initiatives across Indonesia, reinforcing the importance of Pancasila in contemporary society. Ultimately, the paper advocates for a more structured approach to university-community partnerships, highlighting their potential to cultivate a deeper understanding of national identity and values among future generations.
Implementation of CNIL’s Basic Logging Measures in Indonesia: A Juridical Study on Personal Data Protection Putra, Tegar Islami; Fibrianti, Nurul; Fakhis, Adinda Zeranica Putri
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 2 (2025): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v7i2.21049

Abstract

One of the efforts to realize preventive efforts to prevent all risks of personal data protection is to establish basic precaution logging as a personal data protection strategy that will serve as a guide for parties involved in personal data protection efforts. Indonesia, which has not formulated such a strategy, can make the provisions in France as a reference. The urgency of this research is that there is a mandate in Article 59 letter a of the Personal Data Protection Law in Indonesia for the Institution to formulate and determine policies and strategies for Personal Data Protection as a guide. This research employs the Library Research method, also known as Legal Research, which focuses on analyzing primary and secondary legal materials based on literature. The results show that France already has an institution called CNIL which formulates basic precautions in logging operations to guide personal data protection strategies. As a result, there are 8 basic precautions in logging operations, which are to provide a logging system that can implement and learn by Indonesia, that are: keep these logs for a rolling period of between six months and one year; perform, for application logs, a record of the creation, consultation, sharing, modification, and deletion; inform users; protect the logging equipment and the logged information; ensure the proper functioning of the logging system; ensure that processors are contractually obliged; and actively analyze, in real time or in the short term.
Co-Authors A.A. Ketut Agung Cahyawan W Adiyatma, Septhian Eka Ahmad Habib Al Fikry Al Farouq, Alamul Fikri Ananta, Bintang Rafli Anindya Ardiansari Anis Widyawati Anitasari, Rahayu Fery Aprilia Sefi Widayanti Arif Hidayat Arif Hidayat Atha Difa Saputri Baiquni, Muhammad Iqbal Bearlly Deo Syahputra Belva, Edgina Benny Riyanto Chatila Maharani DAHLAN, TRI ANDARI Darodji Dian Latifiani DIMAS WICAKSONO Dwi Budi Santoso Ezzerouali, Souad Ahmed Fakhis, Adinda Zeranica Putri Fakhrullah, Mohammad Raziq Fiorentina, Prita Herawan, Sunu Hilmi, Asa Faradiba Indraswara, Dede Intan Nurul Fitriana Irawaty Irawaty Irghi Ahmad Kurniawan Isnani Isnani Julianto, Riki Kamal, Ubaidilah Karsinah - Laryea, Emmanual Laryea, Emmanuel Luthfiah Ramadhani Maharani, Anggun Meinanda Maylia Pramono Sari Misrinah, Misrinah Mohammad Raziq Fakhrullah Muhammad Iqbal Baiquni Musfika, Bella Ningsih, Ayup Suran Paramita, Niken Diah Prasetya, Rizky Andeza Putra, Tegar Islami Rahayu, Sang Ayu Putu Ridwan Arifin Riki Julianto Rindyawati, Yuli Rini Fidiyani Riyanto, R Benny Rofi Wahanisa Rofi Wahanisa Sagala, Ermiyani Saputri, Atha Difa Sarhan, Adnan Ibrahim Septhian Eka Adiyatma Setyowati, Ro'fah Setyowati, Ro’fah Sucihatiningsih Dian Wisika Prajanti Suhadi Suhadi Suhadi Suhadi Sulaksmi, Galih Niken Anggoto Sunyoto Sunyoto Suprapti, Duhita Driyah Syahputra, Bearlly Deo Syarifah, Dian Farah Tegar Islami Putra Viana, Anisa Okta Windiahsari, Windiahsari Yuliarto Setiadi, Fathur Yusuf , Fiki Elfanda Zainurohmah, Zainurohmah