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Perbandingan Perlindungan Hukum Terkait Data Pribadi di Indonesia dan Jerman Anjawai, Namrysilia Buti; Amboro, F. Yudhi Priyo; Hutauruk, Rufinus Hotmaulana
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1791

Abstract

Protection of personal data is a human right that must be given legal protection. However, Indonesia does not yet have special rules governing the protection of personal data and the Personal Data Protection Supervisory Agency. As for when compared to Germany, which has special rules regarding the protection of personal data in full to the Institution that oversees the implementation of the rules for protecting Personal Data. The research method used by the author is a legal comparison method with the type of research being normative research. The author uses secondary data to analyze the results of the data, namely, primary materials, secondary materials, and tertiary materials. The analytical method used by the author is a qualitative method. Similarities and differences in personal data protection between Indonesia-Germany and the legal contributions of personal data protection that he can adopt or apply in Indonesia such as special arrangements for personal data protection, data classification, one of which is the deletion of personal data, and the establishment of a Personal Data Protection Supervisory Agency and the rules that govern it
A Analisis Perlindungan Konsumen dalam Tindakan Penyalahgunaan Data Pribadi oleh Penyelenggara Pinjaman Online Berdasarkan Perspektif Hukum Indonesia Novri, Novrianti; Amboro, Florianus Yudhi Priyo; Hutauruk, Rufinus Hotmaulana
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.v5i1.2488

Abstract

The emergence of regulations regarding personal data in 2022 is eagerly awaited and anticipated by consumers who feel aggrieved by online service managers, especially in the field of online-based loan financial services. The rules that specifically regulate the protection of personal data are Law no. 27 of 2022 concerning Personal Data Protection, prior to the existence of special regulations regarding personal data, the ITE Law and other similar legal regulations were used as a reference for consumer protection. Law Number 27 of 2022 concerning Personal Data Protection was formed so that it does not overlap with other regulations that guarantee the protection of personal data in the community. In addition to these regulations, there are still several regulations governing this matter, namely Law Number 11 of 2016 on amendments to Law Number 11 of 2008 concerning ITE, provisions of the Financial Services Authority (OJK) Number 1/POJK.07/2013 concerning Consumer Protection and OJK Provisions Number 77/POJK.01/2016 concerning Online-Based Loan Services. The research method used to write this article is a normative research method which is defined as research that has basic material from data in similar journals, articles, theses, theses, and so on. Consumers who are harmed can act legally with two choices, namely arbitration and litigation channels, if arbitration has been carried out then there is no agreement between the two parties for peace then they can pursue litigation channels by reporting this matter to the local police or can file lawsuits against the law to local District Court.
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.
Responsibility and Accountability in the World of Futures Trading: Analysis of Futures Brokers and Broker Representatives Under the Spotlight of Civil Law and BAKTI Arbitration" Rahman, Muhammad Sabir; Efendi, Syamsul; Amboro, Yudhi Priyo; Simanjuntak, Kristi W; Elfikri, Nurul Fazri; Rohani, Aceng Asnawi; Agus, Dede
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4113

Abstract

This study aims to examine the role of Article 1367 of the Civil Code in determining the duties of Futures Brokers and Futures Broker Representatives in the context of Indonesian commodity futures trading, with a focus on the consequences for violations of these duties by Futures Broker Representatives. respond to it. This methodology is based on normative legal principles and is based on research into relevant literature and examination of BAKTI rulings in the field of commodity futures trading arbitration. Findings from this study highlight the importance of taking into account the Futures Broker Representative's level of professionalism as well as any applicable rules and regulations when determining the extent to which the Futures Broker is legally liable for the Futures Broker Representative's conduct. In order to provide fairness and clarity in commodity futures trading, this study's findings suggest that current rules need to be revised and adjusted. The study also suggests directions for future research on the dynamics of futures trading's legal aspects.
Digital Democracy and Open Finance Technology: Advancing Transparency and Consumer Digital Rights Amboro, Yudhi Priyo; 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.
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.
Co-Authors Afandi, M Agustina Christi Agustini, Shenti Anjawai, Namrysilia Buti Ariani, Merizqa Arika, Defi Bryan Simanjuntak Christina Christina Christine Christine dede agus, dede Dedyanto Dedyanto Defi Arika Diki Diki Efendi, Syamsul Eko Nurisman Elviani Elviani Elza Syarief, Elza Essty Yana Fandias Fandias Fendy Fendy Gunawan, Elizabeth H. Hutauruk, Rufinus Hadiyati, Nur Halawa, Filemon Hermanto Hermanto Hutauruk, Rufinus H. Hutauruk, Rufinus Hotmaulana Indra Hengky Insti, Putri Deviana Jemmy Edi Joseline Junimart Girsang Kendry Tan Khusuf Komarhana Lily Persyadayani Lu Sudirman Lu Sudirman Manurung, Kristie Sugama Maysura, Neha Aswin Melisa Irianti Mende Mende, Melisa Irianti Miftahul Jannah Mimi Sintia Mohd Bajury Mohd Bajury, Mimi Sintia Muhammad Sabir Rahman Neha Aswin Maysura Ng Catharina Enggar Kusuma Novita Novita Novri, Novrianti Nur Hadiyati Nurisman, Eko Nurlaily Nurlaily NURLAILY, NURLAILY Nurul Fazri Elfikri Okta Feryanto Peter Macnico Puspita, Viona Rika Permatasari, Rika Rina Shahriyani Shahrullah Risky Hadi Putra rohani, aceng asnawi Rudiansyah Rudiansyah Rufinus H. Hutauruk Shahrullah, Rina Silviani, Ninne Zahara Simanjuntak, Bryan Simanjuntak, Kristi W Situmeang, Ampuan Steven Steven Sugianto, M Udik Suriani Suriani Tan, Winsherly Triana Dewi Seroja Triana Dewi Seroja Uji Febianika Viona Puspita Wan Rosli, Wan Rosalili Warianto, Wahyudi Weley, Nadia Carolina Wulandari, Frisca Yana, Essty Yudi Kornelis Yudi Kornelis Yudi Kornelis, Yudi Yuly Milyarti Wijaya