Article Per Year (5 Year)
p-Index From 2021 - 2026
6.056
P-Index
This Author published in this journals
All Journal Lentera Hukum 'ADALAH Jurnal Pranata Hukum DiH : Jurnal Ilmu Hukum Arena Hukum Rechtsidee Al-Ihkam: Jurnal Hukum dan Pranata Sosial Diponegoro Law Review Syntax Literate: Jurnal Ilmiah Indonesia TANJUNGPURA LAW JOURNAL Jurnal Ius Constituendum Jurnal Hukum Bisnis Bonum Commune Jurnal Hukum Magnum Opus Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan Borneo Law Review Journal SIGn Jurnal Hukum Mulawarman Law Review Journal of Law and Policy Transformation Progressive Law Review Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Jurnal Sosial dan Teknologi Aktual Justice COURT REVIEW: Jurnal Penelitian Hukum International Journal of Social Service and Research Global Legal Review Administrative and Environmental Law Review Refleksi Hukum: Jurnal Ilmu Hukum Techno Indonesia Law Reform Journal (ILREJ) Journal of Central Banking Law and Institutions The Journal of Anti Money Laundering and Countering The Financing of Terrorism (AML/CFT Journal) Journal of Law and Legal Reform Lex Scientia Law Review Indonesian State Law Review (ISLRev) Indonesian Journal of Advocacy and Legal Services Jurnal Hukum dan Sosial Politik
Fajar Sugianto
Faculty Of Law, Pelita Harapan University, Lippo Village
Religion Humanities Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 56 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 56 Documents
Search

 2   3   4   5   6 
The Legal Liability of Online Lending Service Providers from the Perspective of Personal Data Protection in Indonesia Clarrance Mackinnley Filan; Fajar Sugianto
International Journal of Social Service and Research Vol. 6 No. 5 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i5.1394

Abstract

The development of online loan services in the digital economic ecosystem has increased people's access to financing, but has also raised serious problems regarding the protection of personal data in billing practices. This research aims to analyze the juridical qualifications for disseminating debtors' personal data in the online loan collection process and examine the form of legal responsibility of organizers as data controllers. This normative legal research uses a statutory and conceptual approach, analyzing primary and secondary legal materials through systematic and teleological interpretation to assess unlawful data acquisition or disclosure and corporate responsibility attribution. The research results show that the practice of accessing and disseminating personal data to third parties in the billing process has the potential to fulfill the elements of an unlawful act if it is carried out intentionally and causes harm to the data subject, because it is contrary to the principles of legality, purpose limitation and proportionality in data processing. Furthermore, if the action is carried out within the scope of business activities and for the benefit of the corporation, then responsibility can be imposed on the legal entity as the data controller, so that the practice of collecting online loans is not only a contractual issue, but also a violation of privacy rights which demands corporate accountability within the framework of the rule of law.
Implementation of Personal Data Protection Against Wrongful Ticketing in The Electronic Law Enforcement System Anthony Setiawan Eddy; Fajar Sugianto
International Journal of Social Service and Research Vol. 6 No. 6 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i6.1437

Abstract

This study examines the implementation of artificial intelligence-based Electronic Traffic Law Enforcement (ETLE) in Indonesia and its implications for personal data protection, particularly in cases of wrongful ticketing. The background highlights the increasing use of automated decision-making systems in traffic law enforcement, which aims to improve efficiency and road safety, but also raises concerns regarding data accuracy, algorithmic errors, and citizens' privacy rights. This research aims to analyze the legal protection of personal data subjects within the ETLE system and evaluate the effectiveness of Undang-Undang No. 27 of 2022 on Personal Data Protection in addressing system-related errors. The research employs a normative juridical and empirical legal approach by analyzing statutory regulations, scholarly literature, and field-based implementation issues related to ETLE practices in Indonesia. The findings indicate that while ETLE has a strong legal foundation under traffic and data protection laws, its implementation still produces wrongful ticketing due to system inaccuracies, database mismatches, and limited algorithmic transparency. These weaknesses result in potential violations of personal data rights, including issues of accountability and fairness in automated enforcement. The study concludes that although the ETLE system is legally recognized, its operational framework requires stronger institutional oversight, improved data accuracy mechanisms, and enhanced transparency to ensure compliance with personal data protection principles. Strengthening regulatory enforcement, establishing an independent supervisory authority, and integrating correction and deletion mechanisms are essential to safeguard citizens' rights in AI-based law enforcement systems in Indonesia.
The Extended Nature of Trading Norms Between Cryptocurrency and Crypto-asset: Evidence from Indonesia and Japan Fajar Sugianto; Shintaro Tokuyama
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.14063

Abstract

This article is evidently about the comparison between Indonesia and Japan and their views on Crypto as a commodity. It starts with a brief elaboration on the legal standing of cryptocurrency in Indonesia and Japan. In Indonesia, Cryptocurrency is legal only as a commodity as the Ministry of Trade Regulation No. 99 of 2018 formally authorized crypto asset trading and decreed it lawful. The Indonesian Commodity Futures Trading Supervisory Authority, or BAPPEBTI, published Regulation No. 5 of 2019 to provide a thorough regulatory framework for the crypto-assets future. In Japan, there is no omnibus law regulating blockchain based coins and the legal status of tokens are determined under the uses and functions. News outlets report that there may be in talks of a law of the possibility of the seizure of crypto that has been stolen or has been illegally acquired by organized crime due to the law of the type of assets that can be seized are physical property, monetary claims, and movable assets such as machinery, vehicles, tools, and supplies, with crypto falling under none of those categories. The conclusions are, first, Indonesia has vastly improved its Cryptocurrency regulations with BAPPEBTI’s Regulation No. 8 of 2021. with the implementation of (a) licensing requirements; (b) rights and obligations; and (c) the responsibilities of key players involved in the physical crypto-asset market, such as futures exchanges, crypto asset traders, futures clearing agencies, and crypto-asset storage providers. Second, Indonesia’s regulations almost mirror itself with Japan’s behavior towards crypto, with differences only arising in the specific percentages of storage, equity, and infrastructure.
Enhancing Fair Use in Protecting Appropriated Artworks: A Comparative Analysis of Safeguarding Indonesian Copyright Law Caitlynn Nadya Aurelia; Velliana Tanaya; Fajar Sugianto; Atsuko Yamamoto
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.20570

Abstract

Appropriated artwork refers to the practice of using pre-existing objects or images into new works of art with little or no significant changes to the original form. This trend developed into the Pop Art movement, where one of the characteristic features was the use of images from mass media, as seen in the works of Andy Warhol, including the transformation of Campbell's soup cans into iconic works of art. Although widely appreciated, this work has drawn criticism regarding copyright infringement, raising the question: where do one artist's rights draw on another? To what extent is the appropriation of copyright protected works considered legal without violating the rights of the original creator? The research results show that the two legal systems differ significantly in the aspects of exclusive rights, moral rights, protected works, exceptions, and duration of protection. The challenge in understanding fair use lies in determining the boundaries between the rights of one artist and another. The fair use doctrine assesses four main factors: the purpose and character of the use, the nature of the original work, the proportion of the work used, and the impact on the market. Courts in the US often favor fair use if elements of transformation are identified, measuring the extent to which the appropriated work carries elements of originality or new creativity. Indonesia could consider adopting the fair use doctrine by adapting the concept through ministerial regulations or other implementing regulations.
The Consent Paradox: Evaluating the Validity of Sensitive Data Collection by AI Chatbots Marianne Charleen Sabini; Fajar Sugianto; Kentarou Kaneda; Vincensia EP Sari; Jerry Shalmont
Indonesian Journal of Advocacy and Legal Services Vol. 8 No. 1 (2026): Legal Advocacy and Justice Innovation
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v8i1.37509

Abstract

This paper explores the legal friction between user consent and data collection practices, investigating whether the current Indonesian legal landscape provides sufficient safeguards for AI chatbot users. It employs a comparative legal analysis to evaluate the regulatory alignment between the Indonesian PDP Law and the EU GDPR, specifically regarding the protection of sensitive data. The analysis reveals that while the two regulations share foundational data protection principles, the PDP Law lacks necessary specificity regarding the definition and processing of sensitive data, risk assessment mechanisms, and the authority of supervisory bodies. The first analysis elucidates how these regulatory gaps hinder the PDP Law’s ability to effectively govern AI-based environments and establish accountability for data controllers and processors. Subsequently, the second analysis proposes necessary reforms, including more robust governance mechanisms, strengthened administrative oversight, and industry-specific guidelines to ensure uniform enforcement. This paper concludes that the PDP Law requires substantive refinement to remain effective and responsive to the rapid evolution of AI and automated systems.
False Transaction vs Wash Trading: Addressing the Gap to Rebuild Market Confidence (Legal Implication in Indonesia and United States Capital Market Law) Fajar Sugianto; Shintaro Tokuyama
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2094

Abstract

This paper is evidently about the legal comparison between Indonesia and the U.S on their views on market manipulation. There are several similarities between the Capital Market Law and SEA 1934, not only in terms but also in the elements. Articles 91 and 92 of Capital Market Law seem to mimic Section 9(a) (1) and (2) of SEA 1934. As both statues states similar prohibition in creating a misleading trading appearance and the purpose of inducing sales. This means that elements and tests applicable in the U.S. should also be applicable in Indonesia. Section 10(b) of SEA 1934 and SEC Rule 10b-5 serves to further supplement the application of Section 9 with its broad anti-manipulation provisions. Articles 91 and 92 of Capital Market Law cover the sales and purchase of stocks affected by the alleged manipulation that occurs only in the securities exchange as evident by the wording “on a/the Securities Exchange”. This is also observed in Section 9(a) (1) and (2) of SEA 1934 wherein the scope is limited to transactions in the “national securities exchange”. What this implies is that over-the-counter and block sales transactions are not protected under the statutes mentioned above. This issue is not addressed under the Capital Market Law, however Section 10(b) of SEA 1934 and its implementing regulation SEC Rule 10b-5 addresses this issue. Section 10(b) of SEA 1934 allows for broader authority of law enforcement as it includes “any security registered on a national securities exchange or any security not so registered”. This implies protection for a wider scope of securities transactions.
Co-Authors Afdhal Mahatta Agustian, Sanggup Leonard Andyna Susiawati Achmad Angelia Wijaya Anthony Setiawan Eddy Antonius Sanjaya, Robin Astrid Athina Indradewi Atsuko Yamamoto Atsuko Yamamoto Aulia, Elvita Septavianty Banjarnahor, Holmes Basti, Nisa Permata Behuku, Jitro Gianfranco Budiarsih, Budiarsih Caitlynn Nadya Aurelia Chasanah, Nabila Uswatun Clarrance Mackinnley Filan Denny Ardhi Wibowo Erny Herlin Setyorini, Erny Herlin Evi Kongres Fabian Jonathan Firmansyah, Rizqy Adi Fujianti, Putri Jecika Herawati, Ellyana Hozeng, Pratiwi Jennifer, Graceyana Jerry Shalmont Joshua Evandeo Irawan Kartiko, Nafis Dwi Kentarou Kaneda Kokpan, Bariyima Sylvester Kridawidyani, Widya Kusuma, Jevine Ilonesia Kusumawardani, Cesilia Elok Lago, Yuber Laurenzia Luna Luna, Laurenzia Maharani, Riska Tantri Marianne Charleen Sabini Misbah Mubashir, Ahmad Mustopa, Hadi Pisteo, Rudi Prilly Priscilia Sahetapy Priyadi, Andi Putri, Veronica Rahayu, Sekar Wiji Sander, Metty Sanggup Leonard Agustian Sanjaya, Niki Shintaro Tokuyama Simeon, Felicia Christina Slamet Suhartono Slamet Suhartono Sukardi, Ellora Susi Susantijo Suswantoro, Suswantoro Syofyan Hadi Tjahjono, Monica Tokuyama , Shintaro Tokuyama, Shintaro Tomy Michael Tomy Michael Tomy Michael Tomy Michael Tomy Michael Tomy Michael Saragih Trisno, Anton Velicya, Vivi Velliana Tanaya Velliana Tanaya Veronica Putri Vincensia EP Sari Vincensia Esti Purnama Sari Wibowo, Dea Prasetyawati Wibowo, Denny Ardhi Widjaja, Matthew Widya Kridawidyani Yamamoto, Atsuko Yossi Niken R. Artini Yuber Lago Yuni Priskila Ginting Zhang, Sheng