Claim Missing Document
Check
Articles

Legal Enforcement for IUU Fishing in Indonesian Sovereignty And Jurisdiction: A Case Analysis of The Capture of Foreign Vessels by The Indonesian Government ernawati, Ninin; Shafira, Maya; Achmad, Deni; Tarigan, Rehulina; Silviani, Ninne Zahara
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1078

Abstract

Illegal, Unregulated, and Unreported (IUU) Fishing cases often occur in Indonesia. This is due to the lack of supervision by the Indonesian government towards foreign vessels conducting fishing activities in Indonesia’s territorial waters, and exclusive economic zone (EEZ).  IUU fishing has caused huge losses to the country. One of the perpetrators engaged in this illegal act was the Thai Silver Sea 2 ship. The ship entered Indonesian territorial waters specifically in Sabang waters, by flying the Indonesian flag to trick the Indonesian government patrolling around the area. However, gradually the Indonesian government became aware of the existence of foreign vessels which had been suspected by Indonesia for a long time because it often turned off VMS so that its existence could not be detected by the Indonesian government. This study delves deeper into whether the actions conducted by Silver Sea 2 Vessels violate Indonesian regulations and UNCLOS 1982. Additionally, it examines the compatibility of the Indonesian government’s legal enforcement of IUU Fishing with UNCLOS 1982. The results indicate that the actions of SS2 ships violated Indonesian legislation and UNCLOS 1982. Furthermore, the handling of this case by the Sabang District Court was deemed appropriate.
ENHANCING CONSUMER PROTECTION IN INDONESIA’S FINTECH INDUSTRY: SAFEGUARDING THE RIGHTS OF FINTECH SERVICE USERS Ninne Zahara Silviani; Jeslyn Teo
Ganesha Law Review Vol 5 No 1 (2023): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

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

Abstract

Indonesia, a developed nation, is currently emphasizing its developmental efforts, particularly in the economic sphere. Given that financial resources are not evenly distributed among the Indonesian population across all levels and regions, financial institutions play a crucial role in bolstering the country's economic resilience. Banks, in particular, provide loans to individuals in need of quick funds, addressing society's economic requirements more equitably. With the advancement of technology, the financial sector has undergone a transformation towards digitalization. In this study, a normative method is employed to examine the vertical and horizontal aspects encompassing laws and regulations. The focus is on the legal protection extended to users of online loan services, aiming to identify the safeguards available for consumers utilizing such services. The government, in its commitment to safeguard the Indonesian population residing in the digital realm, particularly in the financial sector where information technology is utilized, has implemented several regulations. Notable among these are the Financial Services Authority Regulation Number 77/POJK.01/2016, the Information and Electronic Transactions (ITE) Law, the Personal Data Protection Law, and the Consumer Protection Law. Given the inherent significance of personal data in the digital world, it becomes crucial to protect it as it forms an integral part of an individual's legal identity. Any misuse of personal data by irresponsible parties infringes upon an individual's rights as a legal subject.
Sustainable Development and Climate Resilience 2050: Evaluating Indonesia’s Environmental Legal Landscape Situmeang, Ampuan; Silviani, Ninne Zahara
Nurani Vol 24 No 1 (2024): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v24i1.21878

Abstract

Climate change poses significant threats the continuity and resilience of the existing environment. Through the Climate Resilience 2050 agenda, all countries are expected to contribute to mitigating and limiting the effects of climate change, while reducing activities that have the potential to damage the Earth’s atmosphere. As a country endowed with rich environmental diversity, Indonesia must address these challenges and participate in global efforts to ensure a sustainable and livable environment for the future. This study uses normative legal research methods to analyze Indonesia’s legal readiness in the framework of making policies that can increase Climate Resilience 2050. Using a statutory and regulatory approach, this study finds that Indonesia has legal readiness in terms of basic norms to support policies that increase climate resilience, however, still has a normative void to support the implementation of climate resilience-oriented policies because the regulations regarding the application of basic environmental law norms are overly skewed towards facilitating business activities.
Studi Komparasi Hukum Perlindungan Konsumen dalam Transaksi Jual Beli Online antara Indonesia dengan Malaysia Christiana, Christiana; Fitri, Winda; Silviani, Ninne Zahara
PAMALI: Pattimura Magister Law Review Vol 4, No 3 (2024): NOVEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i3.2311

Abstract

Introduction: Legal protection of consumer in online buying and selling transactions is an urgency in today’s developments. Statistical data from National Consumer Protection Agency shows that from the beginning of 2024 until now receiving complaints from consumers is dominant of e-commerce field.Purposes of the Research: The purpose of this article is to examine the differences in consumer protection laws in online buying and selling transactions in Indonesia and Malaysia which are expected to be applied in Indonesia.Methods of the Research: The research method used in this research is normative legal research with a statutory approach and comparative approach with literature study.Results Originality of the Research: The results show that both Indonesia and Malaysia protect online buying and selling transactions. In dispute resolution, Malaysia’s TTPM and Indonesia’s BPSK provide final and binding decisions with an appeal mechanism to the courts. However, Indonesia lacks specific regulations for e-commerce, while Malaysia has comprehensive regulations and strong law enforcement. In Indonesia, the existing regulations and their enforcement face challenges, particularly in the context of e-commerce. The current UUPK is seen as ineffective, and it is hoped that the Indonesia government will amend it soon to strengthen the law enforcement and improve its effectiveness.
The Solving Indonesian Intellectual Property Rights Transfer Issue Situmeang, Ampuan; Silviani, Ninne Zahara; Tan, David
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1341

Abstract

The aim of this research was to analyze legal problems that are hindering the process of intellectual property rights (IPR) transfer within the Indonesian legal system. This objective was achieved by employing the normative legal research method with a statutory approach while, utilizing secondary data. Accordingly, the secondary data used consisted of primary legal sources, including Law No. 30 of 2000 on Trade Secrets, Law No. 20 of 2016 on Trademarks and Geographical Indications, Law No. 28 of 2014 on Copyrights, Law No. 13 of 2016 on Patents, as well as relevant judicial decisions made within the Indonesian legal system, which enhanced the analysis. This research showed the problems that exist within the Indonesian legal system regarding the transfer of IPR and identified the contributing factors. Furthermore, from the analysis conducted, it was found that the Indonesian IPR legal framework is too complex and lacks harmony, specifically when it comes to the mechanisms involved in IPR transfer and the bureaucratic efficiency associated with these processes. This research serves the purpose of providing comprehensive literature for the development of better intellectual property laws, which are continuously being refined by the Indonesian government to protect and foster creativity in the economy of the country, thereby making it a more attractive prospect for capital. Unlike previous studies, this research placed significant emphasis on legal problems specifically hindering the process of IPR transfer and examined their impacts on actual IPR cases within the Indonesian legal system.
Comparative Legal Analysis of Incentives for Electric Vehicle Adoption in Indonesia and Malaysia Nurlaily, Nurlaily; Seroja, Triana Dewi; Sudirman, Lu; Silviani, Ninne Zahara; Agustini, Shenti
International Journal of Law Reconstruction Vol 8, No 2 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i2.37719

Abstract

Carbon emissions play an important role in the acceleration of climate change, which threatens the livelihoods of many people around the world. Electronic vehicles (EVs) serve as a solution to this problem by reducing the amount of pollution and enabling the use of renewable energy as a source. This research analyzes the incentives provided by countries that are trying to reduce their carbon emissions with EVs, namely Indonesia and Malaysia. The analysis is supported by a comparative legal research method and statutory approach. This research finds that Malaysia’s framework of incentives is superior to that of Indonesia’s, as incentives provided by Indonesia do not address the issue of carbon emissions entirely and are buried within a very fragmented legal framework. The research proposes a number of changes that need to be made in Indonesia to support the EV industry in all of the aspects that are relevant to its development, such as R&D, human resources, consumer support, and financial support for manufacturers.
Transparency and Consent for the Use of Data Analytics in Indonesia Disemadi, Hari Sutra; Hutauruk, Rufinus Hotmaulana; Silviani, Ninne Zahara; Tan, David
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol 18, No 1 (2024): ADLIYA: JURNAL HUKUM DAN KEMANUSIAAN
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v18i1.43758

Abstract

Abstract The digital economy era has driven the use of technology that relies on data utilization to support various economic activities, such as the use of data analytics. The use of data analytics to provide more relevant features and ads to users of various online platforms has legal implications that must be supported by a legal framework for personal data protection in Indonesia. This study is done to analyze the gap in the development of legal framework in Indonesia in regards to the use of data analytics. Using normative legal research, this study explains the legal implications and outlines the legal issues related to the use of data analytics and the risks faced by online platform users as data owners. The analysis using the statutory approach in this research found that there are several legal issues and normative limitations that make it difficult to implement the concept of transparency and consent in efforts to protect personal data of online platform users, which is the main target of the use of data analytics. The findings of this study also indicate that the use of more complex technical terms is not found in regulations governing the protection of personal data, and hinders further normative exploration related to the use of data analytics that distinguish the types of data used into more complex terms and classifications.
Revitalizing Intellectual Property Rights in Indonesia: A Maqasid al-Sharia Perspective on Communal Ownership Disemadi, Hari Sutra; Al-Fatih, Sholahuddin; Silviani, Ninne Zahara; Rusdiana, Shelvi; Febriyani, Emiliya
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.11039

Abstract

Indonesia's diverse cultural heritage significantly contributes to its economic growth, yet the current intellectual property system, based on Western principles, may not fully align with the country's cultural values. This research aims to enhance the legal framework for Indonesia’s communal intellectual property (CIP), by exploring the potentials brought by of Islamic law, particularly Maqasid al-Shariah. For this purpose, this research utilizes the normative legal research method, analyzing relevant norms within existing laws and Islamic legal doctrines, revealing conceptual correlations between Maqasid al-Shariah and CIP. This research also aims to addresses the common misconceptions regarding Maqasid al-Shariah is crucial for effectively utilizing Islamic law principles in Indonesia's legal system. The analysis demonstrates that communal intellectual property aligns with both Western IP principles and Islamic values, as it recognizes the importance of community welfare and individual benefits. Integrating Maqasid al-Shariah values into Indonesia's CIP legal framework can promote a more inclusive, equitable system that respects collective knowledge and cultural heritage while fostering innovation and creativity.
Indonesia vs. Thailand: Legal Challenges in Sustainable Agriculture Ampuan Situmeang; Nipon Sohheng; Ninne Zahara Silviani; Shenti Agustini; Shelvi Rusdiana
JURNAL AKTA Vol 11, No 3 (2024): September 2024
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.v11i3.38355

Abstract

Agriculture, as a significant contributor to carbon emissions and climate change, needs to not only change its ways to a more sustainable practice but also revisit what has long been considered conventional agriculture practices to support sustainable development. This requires a comprehensive legal framework to ensure that the transition to sustainable agriculture is supported by structured and streamlined legal compliance that can balance stakeholders’ interests. Employing the comparative legal research method, this study aims to analyze the potentials and challenges of applying sustainability in agriculture, using the comparison between Indonesia and Thailand. The findings of this study suggest that Indonesia’s legal framework for sustainable agriculture, focusing on its single Sustainable Agriculture Law, is more comprehensive than Thailand’s multiple regulations, effectively supporting sustainability across various agricultural processes. This framework aligns well with SDGs 2, 12, 13, and 15, which are crucial for agricultural sustainability. Conversely, Thailand faces challenges due to normative gaps and requires a more unified legal framework to address these SDGs adequately.
Transparency and Consent for the Use of Data Analytics in Indonesia Disemadi, Hari Sutra; Hutauruk, Rufinus Hotmaulana; Silviani, Ninne Zahara; Tan, David
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 18 No. 1 (2024): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v18i1.43758

Abstract

Abstract The digital economy era has driven the use of technology that relies on data utilization to support various economic activities, such as the use of data analytics. The use of data analytics to provide more relevant features and ads to users of various online platforms has legal implications that must be supported by a legal framework for personal data protection in Indonesia. This study is done to analyze the gap in the development of legal framework in Indonesia in regards to the use of data analytics. Using normative legal research, this study explains the legal implications and outlines the legal issues related to the use of data analytics and the risks faced by online platform users as data owners. The analysis using the statutory approach in this research found that there are several legal issues and normative limitations that make it difficult to implement the concept of transparency and consent in efforts to protect personal data of online platform users, which is the main target of the use of data analytics. The findings of this study also indicate that the use of more complex technical terms is not found in regulations governing the protection of personal data, and hinders further normative exploration related to the use of data analytics that distinguish the types of data used into more complex terms and classifications.
Co-Authors Abrar, Farhan Rabbani Agustina Agustina Agustini, Shenti Alberta Adeline Marvel Alhakim, Abdurrakhman Amelia Putri Anisah Anisah, Amelia Putri Anweidri Chai Asep Rinaldy Atmaja, Vanessa Riarta Avisa Putri Anggara Belinda Oktaviani Ceisarina, Indah Tiara CHRISTIANA CHRISTIANA, CHRISTIANA Cindy Tan Daniella Natasha Dedi Jaya Deni Achmad Deni Achmad Disemadi, Hari Sutra Efrintan Debora Sibarani Eko Pratama Sinaga Elvin Valentino Elza Syarief, Elza Erni Erni Febriyani, Emiliya Fennesy Fiorent Lim Ferawati Ferawati Fitri, Winda FL. Yudhi Priyo Amboro, FL. Yudhi Priyo Girsang, Junimart HARTONO, ADI Henry Soelistyo Budi, Henry Soelistyo Hutauruk, Rufinus Hotmaulana Hyun, Park Ji James Gan Jesen Winardo Jeslyn Teo Joel Jordan Tobing Jonathan Jonathan Junimart Girsang Kellie Leslie Kevin Saputra Kristina Dwi Putri Lidia Kando Br Gea Lu Sudirman Mahendra, Adam Maya Shafira Maya Shafira Mega Hardianti Kho Melisa Melisa Mellberg Limanda Muhammad Alfiq Zhian Muhammad Ikhsan Kasturi Muhammad Ikhwanul Amri Nanda Melani Nellsen Purwandi Ninin Ernawati Ninin Ernawati Nipon Sohheng Nurlaily NURLAILY, NURLAILY Park Ji Hyun Park, Jihyun Prakasa, Satria Unggul Wicaksana Putri, Erika Emilia Rahayu, Putri Ratna Kumala Sari Raymond Raymond Rehulina Tarigan Rina Shahriyani Shahrullah Rudolf Haiti Rusdiana, Shelvi Sadiah, Azzhara Halimatus Santoso, Inggrid Rosemary Seela Anwar Sya'adah Sholahuddin Al-Fatih Silvia Yolanda Octavia Situmeang, Ampuan Sri Zanariyah Tampubolon, Theresia Tan, David Tan, Winsherly Tantimin, Tantimin Tianto, Agus Triana Dewi Seroja Vanessa Riarta Atmaja Vivi Willson Willson Yenny Permata Liegestu Yustisio Mahendra Ziko Riandi Zuraini Zuraini