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All Journal Yustisia Jurnal Dinamika Hukum Jurnal Komunikasi Hukum Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura Jurnal Ilmiah Pangabdhi Cakrawala: Jurnal Litbang Kebijakan JURNAL MANAJEMEN JUSTISI Trunojoyo Law Review Enrichment: Journal of Multidisciplinary Research and Development RechtIdee Indonesian Journal of Law and Justice Jurnal Media Akademik (JMA)
Djulaeka, Djulaeka
Universitas Trunojoyo Madura
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : JUSTISI

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The Phenomenon of Personal Data as a “Pseudo Guarantee” In Fintech: Legal or Not? Uswatun Hasanah; Djulaeka, Djulaeka; Murni, Murni; A. Zaenurrosyid
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4247

Abstract

The study aims to examine the validity of personal data as a "pseudo guarantee" in fintech lending. The focus of this problem is whether the phenomenon of using personal data as a debt guarantee is justified. The research method is normative, employing a statute, a conceptual and a historical approach. The analysis uses deductive logic and teleological interpretation. Novelty of this study is different from offline loan agreements that are based on collateral, fintech is not based on collateral, but personal data has a dual function, first as the main basis for determining whether or not credit is approved and second as a pseudo guarantee if the debtor defaults. The results show that personal data is the basis of the platform to collect and "execute loans" by disseminating personal data of loan recipients to the contact numbers of people close to the borrower if the debtor defaults. The PDP Law, POJK No. 10/POJK.05/2022 and POJK No. 22 of 2023 prohibit Fintech from providing consumer data to other parties. Fintech organizers are required to keep the confidentiality of borrower data in accordance with the data acquisition agreement with the data owner. Conclusion, the use of personal data as a "pseudo guarantee" by providing consumer data to other parties if the loan recipient fails, based on POJK No. 10/POJK.05/2022 and Law No. 19 of 2016 is permitted as long as prior written consent is obtained from the owner of the personal data.
Legal Protection for Unauthorized Copying of Songs on Digital Platforms Through Audio Watermarking Method Baisuni, Hasan; Djulaeka, Djulaeka; Mohammad Ali Sajjad
JUSTISI Vol. 10 No. 3 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i3.3291

Abstract

The objective of this research is to investigate the effectiveness of the Copyright Law in safeguarding digital songs with audio watermarking from illegal duplication, and to analyze the legal responsibilities of those who duplicate songs on digital platforms using such methods under the Copyright Law. The research methodology employed is normative juridical, focusing on the internal aspects of positive law and utilizing literature sources like journals, books, case law, and relevant legislative materials, particularly Law No. 28 of 2014 on Copyright. Legal materials are gathered through a literature review as a secondary data source, along with descriptive analysis to elucidate the legal implications concerning copyright protection in the digital age. The novelty of this research lies in the integration of advanced and effective audio watermarking technology in addressing the challenges of copyright protection in the digital era. The research results highlight the importance of copyright protection in the music industry in the digital era. Audio watermarking methods are used to insert data into digital content to protect content ownership and identify copyright holders. There are efforts to overcome the challenges in preventing illegal acquisition of copyrighted content by utilising watermarking technology. It can thus be concluded that despite efforts made to regulate the digital marketplace and improve legal standards, illegal distribution of material is still quite rampant. YouTube is cited as an effective platform in protecting intellectual property rights by successfully addressing the issue of copyright infringement by removing infringing content.
Co-Authors A Zaenurrosyid Andre Kurniawan Baisuni, Hasan Dewi, Rista Veria Eny Suastuti Ervina Dwi Rahayu Farizi, Salfanil Hariyanti Hariyanti Hernawan, Ahmad Kharisma, Dewi Khoiriyah KHUMAIRO, DURRO Makhmud Zulkifli Maltufah, Siti Mohammad Ali Sajjad Mufarrijul Ikhwan Murni , Murni Murni Murni Murni Murni Murni Nevarezita Rahmanda Arsyilhakim Novia Rani Aliftian Hadi Pratiwi, Putri Ayu Rahayu, Ervina Dwi Reza Pahlevi Rhido Jusmadi Rina Yulianti Siti Maltufah Suharyanto, Moh. Nofry USWATUN HASANAH Uswatun Hasanah Wangsa Chandra, Charlie Putra Yusuf Faraby, Muhammad Zulkufli , Makhmud