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PERLINDUNGAN HUKUM PREVENTIF KEPADA KONSULTAN HUKUM PASAR MODAL DI INDONESIA (Studi Perbandingan Hukum Indonesia dan Singapura) Halawa, Filemon; Situmeang, Ampuan; Amboro, FL Yudhi Priyo
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2714

Abstract

Indonesia as a sovereign country guarantees and provides protection for every citizen. This is a reflection of the State of Indonesia as a state of law. It is the same as the supporting profession of legal consultants in the capital market who have the right to have all their rights protected while carrying out their profession. The supporting profession of legal consultants in the capital market has an important role. Provisions of Article 67 of Law no. 8 of 1995 concerning the Capital Market which reads "In carrying out business activities in the Capital Market sector, Capital Market Supporting Professionals are required to provide an independent opinion or assessment. However, according to the author's careful review, in the capital market legal consultant profession, legal immunity has not been found while carrying out their profession. While in the Advocate Law there is immunity for an Advocate who carries out his functions as contained in Article 16 of Law Number 18 of 2003 concerning Advocates. The Capital Market Law does not explicitly describe legal protection for capital market legal consultants. For this reason, in this paper the author finds about preventive legal protection for capital market legal consultants in Indonesia with a Comparative Study of Indonesian and Singapore Laws. Legal Consultants in the Capital Market in Indonesia, one of the fundamental things to avoid legal sanctions is obedience to existing legal norms. While in Singapore it was found that since the beginning according to the country's constitution there has been legal immunity for professions related to Advocates, Lawyers or legal consultants. To answer the problem of this paper, the writer uses normative juridical method with progressive legal theory (Prof. Satjipto Rahardjo) and Legal Protection Theory (Philipus M. Hadjon).
The Legal Analysis of Copyright Protection for E-Books in the Form of Non-Fungible Token (NFTs) Christina, Christina; Amboro, Florianus Yudhi Priyo; Hutauruk, Rufinus Hotmaulana
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i2.8495

Abstract

Non-Fungible Tokens (NFTs) serve as a digital platform that aids creators of digital works, particularly E-Books, in marketing or introducing their creative outputs. This platform offers easy access and high-security systems to safeguard the copyright of E-Book creators. This study aims to analyze and provide insights into the copyright protection of E-Book works in the form of NFTs, under the perspective of Copyright Law. Additionally, the study seeks to determine whether NFT transactions can serve as a solution for Intellectual Property protection in Indonesia. The research employs a normative legal research method, utilizing literature review and descriptive techniques. The findings reveal that NFTs can indeed offer a solution for intellectual property protection in Indonesia. By transforming works into NFTs, their copyright is protected through ownership tokens that are automatically integrated into the blockchain (digital ledger).
Personal Data Protection in Telemedicine: Comparison of Indonesian and European Union Law Jannah, Miftahul; Amboro, F. Yudhi Priyo; Shahrullah, Rina
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i2.8827

Abstract

Telemedicine allows patients to receive remote medical consultation, diagnosis, and treatment through a digital platform. However, with the development of telemedicine, personal data protection has become one of the main concerns. This research aims to compare the regulation of personal data protection in telemedicine services in Indonesia and the European Union. The type of research in this scientific article is Normative Juridical Research with a comparative legal approach. The data sources obtained in this paper are primary data and secondary data. The data collection method is a literature study. The data analysis method in this paper uses a qualitative approach. The results show that personal data protection in Indonesia is regulated by Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). While in the European Union, Personal Data Protection is regulated in the General Data Protection Regulation (GDPR) which regulates the collection and use of personal data by organizations. Some similarities in personal data protection in both telemedicine in Indonesia and in the European Union are that the same consent requires telemedicine providers to obtain clear and explicit consent from patients. Both telemedicine providers must not disclose the patient's personal data to third parties without the patient's consent. Telemedicine providers to implement security measures to protect patient personal data. Both Indonesia and the European Union give patients the right to access, correct, delete, and limit the use of their personal data
Efektifitas Kebijakan Ruang Udara Terbuka terhadap Pembangunan Ekonomi Indonesia Mende, Melisa Irianti; Amboro, Yudhi Priyo; H. Hutauruk, Rufinus
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.873

Abstract

The ASEAN Open Sky Agreement is one of the multilateral agreements, particularly among ASEAN countries, aimed at enhancing the economy through airspace. The ASEAN Open Sky Agreement is expected to be both a solution and a goal in developing the ASEAN economy, especially to enhance its competitiveness in the international world. This is to ensure that economic development among ASEAN member states can be achieved evenly. The concept of the ASEAN Open Sky Agreement presents significant opportunities, including substantial market access, substantial benefits, increased tourism attractiveness, and flight frequencies. The objective of this research is to analyze the impact and efforts of the Indonesian government in dealing with the implementation of the ASEAN Open Sky Agreement. It is further analyzed using the Legal Effectiveness Theory by Soerjono Soekanto and the Legal Development Theory by Prof. Mochtar Kusumaatmadja. The research methodology utilized is normative juridical. The research design employed in this study is descriptive analysis, and the data is obtained from secondary sources and analyzed qualitatively. From this study, it can be concluded that the impact includes the expansion of flight network coverage, the opening of flight options, and the establishment of broad distribution access through channels provided by partner airlines. Additionally, the agreements within the ASEAN Open Sky Agreement consist of three agreements that regulate air transport services, passenger and cargo services. Undoubtedly, this policy significantly affects implications for airspace sovereignty and limits the authority of the Government in the implementation of the ASEAN Open Sky Agreement.
Reconstruction of the Election Simultaneity Model through the Constitutional Court Decision Number 135/PUU-XXII/2024: Constitutional or Unconstitutional? Afandi, M; Amboro, F. Yudhi Priyo; Seroja, Triana Dewi
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2446

Abstract

The simultaneous election model that separated the implementation of national and local elections has created various problems, such as election worker fatigue, logistical burdens, and limited attention to local issues. Constitutional Court Decision No. 135/2024 subsequently corrected this model by establishing a new arrangement that separates the conduct of National Elections and Regional Elections. This study was a normative legal research employing qualitative juridical analysis aimed at examining the effectiveness of the previous simultaneous model, testing the constitutionality of the new model, and analyzing its implications for the term of office of Regional Heads and local parliament members (DPRD) elected in 2024. The findings show that the previous simultaneous model was ineffective, the new model has a strong constitutional basis, and the most rational solution to its transitional implications is to shorten the term of office of Regional Heads and DPRD members elected in 2024 and to hold Regional Elections in 2028. In this regard, it is recommended to amend the Election Law and the Regional Election Law and to regulate the transitional period in accordance with constitutional principles.
The Scope of Legal Protection for Parties in Credit Agreements: A Judicial Review of Decision No. 46/Pdt.g/2022/PN Tpg Shenti Agustini; Yudhi Priyo Amboro; elza syarief
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.50763

Abstract

Credit agreements between banks and debtors are generally made in the form of standard contracts that have accommodated the balance of rights and obligations as required by POJK on consumer protection. Ideally, both creditors and debtors receive equal legal protection. However, Judge’s Decision Number 46/Pdt.G/2022/PN TPG raises a dilemma because the court’s considerations focus only on protecting the debtor as a consumer, while neglecting the creditor’s legal certainty. This study aims to assess the extent to which the decision reflects legal ideals and to analyze the legal protection provided by the judge. Using a normative juridical method with statutory and literature approaches, this research refers to the Civil Code, the Consumer Protection Law, and relevant POJK regulations. The findings show that the decision does not fully embody justice, certainty, or utility, and fails to provide adequate internal or external protection for both parties. Therefore, the study recommends requiring the involvement of heirs in credit agreements and strengthening POJK provisions to ensure balanced legal protection.
Doing the Corporate Business with Piercing the Corporate Veil Doctrine: Indonesia, Us And Uk Perspective Ng Catharina Enggar Kusuma; Fl. Yudhi Priyo Amboro
Sociological Jurisprudence Journal Vol. 3 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.2.1832.126-129

Abstract

The absence of piercing the corporate veil doctrine in the Indonesian company law shows that the subsidiaries of such corporate groups are considered a separate legal personality, hence it is probably almost impossible to held the parent company liable for its subsidiaries’ legal actions under any conditions. This research adopted a normative legal research with a comparative law study method. The goal of this research is describe the implementation of piercing the corporate veil doctrine in Indonesia, US and UK, then to make the points of contribution of this doctrine to be regulated properly in Indonesia. In fact, piercing the corporate veil doctrine is implemented in Indonesia, although there was not any normative legal basis of the doctrine itself, whereas in US and UK, the doctrine is implemented and further developed through precedents. Therefore, since there is an evident relationship between a parent company and its subsidiary, whereby in certain cases the parent company can and should be held liable for the acts of its subsidiary, there should be a more explicit regulation regarding both corporate groups and piercing the corporate veil doctrine.
Human Rights Protection in Business Practices: Between Social Responsibility and Legal Compliance Winsherly Tan; Wan Rosalili Wan Rosli; Yudhi Priyo Amboro; Mimi Sintia Mohd Bajury; Elizabeth Gunawan
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.293

Abstract

This study examines human rights protection in business practices in Indonesia, emphasizing the role of corporations in respecting, protecting, and redressing the rights of workers and communities. Although Indonesia has ratified international instruments such as the ICESCR and enacted sectoral laws such as Law No. 13 of 2003 concerning Manpower, Law No. 32 of 2009 concerning Environmental Protection, and the Job Creation Law, human rights violations remain rampant, including substandard wages, suppression of labor unions, violations of indigenous peoples' rights, and limited access to redress mechanisms. Using a normative-empirical approach, this study analyzes national laws and international standards through descriptive analysis. The findings indicate that wage and worker welfare policies serve as important indicators of respect for human rights, while corporate practices often prioritize economic efficiency over ethical obligations. This study underscores the urgent need to integrate the UN Guiding Principles on Business and Human Rights into Indonesia's legal framework.
Digital Democracy and Open Finance Technology: Advancing Transparency and Consumer Digital Rights Yudhi Priyo Amboro; Peter Macnico; Winsherly Tan; Mimi Sintia Mohd Bajury
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.295

Abstract

This research explores the role of Open Finance in strengthening Indonesia’s digital democracy, with a focus on transparency, digital consumer rights, and data oversight. While Open Finance has the potential to increase financial inclusion through the integration of alternative data for marginalized groups, such as MSMEs and rural communities, the practice of massive data sharing risks threatening democratic principles, such as data being vulnerable to mass surveillance, algorithmic discrimination, and weak regulatory accountability. A comparative analysis of the UK (CMA Order) and Australian (Consumer Data Rights) regulatory models highlight the importance of algorithmic transparency, granular consumer control over data, and public participation mechanisms in policymaking. In Indonesia, the suboptimal implementation of the Personal Data Protection Law (PDP Law), the digital literacy gap, and disparities in technological infrastructure are key challenges.
Optimizing the Eradication of Human Trafficking in Batam City: A Comparison of Indonesian and Singaporean Laws Neha Aswin Maysura; Yudhi Priyo Amboro; Nurlaily Nurlaily
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.25132

Abstract

Human Trafficking is a global issue that continues to escalate, including in Batam City, one of Indonesia's Human Trafficking hotspots. This study aims to analyze the effectiveness of combating Human Trafficking Crimes (Human Trafficking) in Batam City by comparing Indonesian and Singaporean laws. The research addresses the implementation of Indonesian laws, regulatory comparisons between the two countries, and recommendations for ideal solutions.The study employs normative and empirical legal methods with legislative, conceptual, and sociological approaches. Data were collected through literature reviews and interviews with relevant institutions in Batam. The findings reveal that although Indonesia’s Law No. 21 of 2007 provides a comprehensive legal framework, its implementation faces challenges such as weak inter-agency coordination, limited support facilities, and low public legal awareness. In comparison, Singapore has more effective regulations with severe sanctions and advanced technology. Recommendations include revising specific articles in Law No. 21 of 2007, strengthening cross-sectoral coordination, enhancing victim protection facilities, providing intensive training for law enforcement officers, and applying technological support. These measures are expected to optimize the fight against Human Trafficking in Batam City.