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All Journal Masalah-Masalah Hukum PRIVATE LAW REPERTORIUM Gema Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Daulat Hukum Jurnal Privat Law Jurnal Hukum dan Pembangunan Ekonomi Privat Law Jurnal Repertorium PROCEEDING ICTESS (Internasional Conference on Technology, Education and Social Sciences) Jurnal HAM Gema Keadilan DE'RECHTSSTAAT Jurnal Sosial Humaniora Repertorium: Jurnal Ilmiah Hukum Kenotariatan Indian Journal of Forensic Medicine & Toxicology Prophetic Law Review International Journal of Educational Research and Social Sciences (IJERSC) Indonesian Journal of International Law Law Development Journal Journal of Artificial Intelligence and Digital Business Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) International Journal of Law and Society Primagraha Law Review MILRev: Metro Islamic Law Review International Journal of Sustainability in Research (IJSR) Seminar Nasional Teknologi dan Multidisiplin Ilmu Causa: Jurnal Hukum dan Kewarganegaraan Journal Of Law Sciences (Legisci) LAWPASS Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara Jurnal Medika: Medika Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia Scientific Development Journal Fundamental : Jurnal Ilmiah Hukum
Adi Sulistiyono
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Dentistry Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Telaah Konsensus Privacy Policy Sebagai Kontrak Digital pada E-Commerce Guna Memberikan Perlindungan Data Pribadi Salsabila, Elora; Sulistiyono, Adi
Primagraha Law Review Vol. 2 No. 1 (2024): Maret
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/ss719993

Abstract

This research is motivated by the phenomenon of personal data misuse occurring in various e-commerce platform. E-commerce platforms inherently have the authority and full responsibility over the collection, processing, and utilization of personal data through profiling activities. The policy regarding these activities is regulated an included in the digital agreement document called the “Policy Privacy”. This study aims to examine whether the “Privacy Policy” has obtained sufficient validity of agreement form e-commerce service users, considering the consensus given appears to be coercive. Moreover, many clauses in these "Privacy Policies" often transfer the legal protection of personal data responsibilities to the users, thus this can be classified as an exemption clauses. This research is a normative juridical study that utilizes legal approach, case approaches, and conceptual approaches to examine the involvement of various laws and the application of the pacta sunt servanda principal in creating fair legal protection for consumers' personal data. The results obtained indicate that agreement on the “Privacy Policy” can be considered to have the same validity as other conventional agreements. However, there is a need for further development of supervision and provisions regarding the use of the “Privacy Policy”.
Konsep Disgorgement Fund Antara Indonesia, India dan Amerika Serikat Melalui Studi Perbandingan Hukum Tifani Rizki Dianisa; Adi Sulistiyono
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 4 (2024): Oktober: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i4.529

Abstract

This research aims to analyze the concept of Disgorgement Fund in Indonesia, India, and the United States through a comparative legal study approach. The Disgorgement Fund is a legal mechanism aimed at returning illegally obtained profits to the aggrieved parties and serves as a form of recovery for investors. The methodology employed includes analysis of legislation, court practices, and regulatory policies in the three countries. The findings indicate that while all three countries share the same goals in the implementation of the Disgorgement Fund, there are significant differences in the implementation and legal approaches taken. In the United States, the Disgorgement Fund is detailed by the Securities and Exchange Commission (SEC), while in Indonesia and India, it is still in the developmental stage and often influenced by local social and economic contexts. This research provides recommendations for enhancing the legal framework and implementation of the Disgorgement Fund in Indonesia and India, as well as offering a broader perspective on understanding the importance of investor protection in the context of the global capital market.
Legal Consequences of Establishing a Limited Liability Company by a Foundation in Violation of the Law Hatimah, Khusnul; Sulistiyono, Adi; Sudarwanto, Al Sentot
International Journal of Law and Society Vol 2 No 1 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i1.30

Abstract

The purpose of this research is to analyze the responsibility of a notary and the legal consequences for a limited liability company that a foundation has established but violates the law on foundations. The research was conducted using doctrinal legal research methods. The results of the study show that: (1) Notaries as officials who are authorized in terms of doing authentic deeds, including the deed of establishment of limited liability companies established by foundations, have a great responsibility insofar as they concern the formal requirements of authenticating the deed. However, the notary is not responsible for the substance of the deed because it is the will of the parties themselves, so if what is violated is the formal terms of the deed, the notary can be sued for compensation and fines. (2) The legal consequence for the limited liability company is that it violates Article 7 of the Law on Foundations. It is null and void because the deed of an establishment violates the objective requirements of the legal terms of an agreement regulated in Article 1320 of the Civil Code. In addition, the legal status of a Limited Liability Company has been deemed to have never existed, causing all actions that have been carried out or carried out by the organs of the company to have no legal standing.  
Overmacht And Unforeseen Circumstances In Agreements According To Indonesian Civil Law And Dutch Law Fitri Fatmawati, Vera; Sulistiyono, Adi
International Journal of Educational Research & Social Sciences Vol. 5 No. 6 (2024): December 2024 ( Indonesia - Somalia - Nigeria )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i6.894

Abstract

An agreement generally includes a clause on force majeure. This is so that the parties understand between negligence caused by the parties themselves and negligence that occurs due to force majeure. This research is a normative-research that studies legal objectives, values of justice, validity of legal rules, legal concepts, and legal norms. The source materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials. Primary legal materials are the Indonesian Criminal Code and the Dutch Criminal Code. Furthermore, the data collected is analyzed qualitatively. Overmacht is intended to provide protection to one of the parties harmed in an agreement, provided that the objective and/or subjective conditions of a situation can be classified as overmacht. Overmacht is a common clause in an agreement in Indonesia, the regulation of this clause is found in the Civil Code in Article 1244 and Article 1245, the position of Overmacht in an agreement is in the main agreement, not separate as an additional agreement and associated with the main agreement. Dutch contract law places great importance on the agreement reached between the parties to the contract. Therefore, Dutch courts are reluctant to set aside binding agreements on grounds based on force majeure events and unforeseen circumstances. Contracting parties should scrutinize carefully the agreed risk allocation (e.g. when drafting a force majeure clause) between them before signing the agreement, as ultimately, the agreed risk allocation set out in the agreement, will most likely be upheld.
Legal Protection For Land Rights Holders Upon Disposal Of Land Rights For Public Interest (Case Study Of Depok Toll Road Land Acquisition) Novianti, Dinda; Sulistiyono, Adi; Hermawan, Sapto
International Journal of Educational Research & Social Sciences Vol. 5 No. 6 (2024): December 2024 ( Indonesia - Somalia - Nigeria )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i6.906

Abstract

Indonesia as a legal state is clearly guided by existing rules in policies relating to the rights of its citizens. This research aims to determine the form of legal protection for land ownership rights for development in the public interest of the Depok Toll Road and to determine the mechanism for providing compensation for land ownership rights for development in the public interest. The method used in this research is a normative research method with a conceptual and statutory approach, as well as using quantitative quantitative analysis in the form of quantitative analytical literature. Compensation for land for public purposes must be based on the principle of justice, where there are adequate guarantees to the entitled parties, the obstacle that arises is the lack of funds from the government for land acquisition.
Revision of Legislation Regarding the Accountability of Notaries for Documents Executed Beyond the Office Premises to Ensure Fair and Certain Legal Provision Idris Assaf, Muhammad; Sulistiyono, Adi; Pandamdari, Endang
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

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

Abstract

Paragraph (1) of Law No. 2 of 2014, modified by Law No. 30 of 2004, stipulates that Notaries are forbidden from reciting documents beyond their designated jurisdiction. An issue arises where Notaries who have indeed recited deeds outside their scope of work have not faced repercussions in accordance with the pertinent legal framework. The methodology employed in this research is that of normative jurisprudence, involving an examination of secondary data sources, particularly primary legal documents such as statutory provisions, and secondary legal sources like books, articles, or journals. The theoretical framework utilized is that of equitable law certainty. Findings reveal a consistent failure to penalize Notaries who have transgressed by reciting deeds outside their designated area, despite clear violations of regulations outlined in the UUJN. In judicial rulings, authentic deeds recited by Notaries beyond their jurisdiction remain valid, highlighting the inadequacy of existing enforcement mechanisms. Drawing a comparison with the regulations governing Notaries in the Netherlands, it is evident that revisions to Article 17 (1) and (2), Article 19 paragraph (2), and Article 9 (1) letter d of the Law of Judgment are imperative to ensure the establishment of a fair and certain legal system as mandated by Article 28 D Paragraph (1) of the 1945 Constitution. Such reforms are essential to empower legal authorities in executing their duties effectively, serving the interests of justice seekers, and eliminating any ambiguity surrounding the recitation of deeds by Notaries beyond their jurisdiction.
Data Protection Laws in Indonesia: Navigating Privacy in the Digital Age Prasetyo, Budi; Handayani, I Gusti Ayu Ketut Rachmi; Sulistiyono, Adi
Side: Scientific Development Journal Vol. 2 No. 1 (2025): Side: Scientific Development Journal
Publisher : Arbain Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/petfxv64

Abstract

The rapid expansion of digital technologies in Indonesia has brought significant challenges regarding data protection and privacy. With the increasing use of online services, e-commerce, and digital transactions, concerns over personal data security have intensified. In response, the Indonesian government enacted the Personal Data Protection Law (PDP Law) in 2022, marking a significant milestone in the country’s legal framework for data privacy. This study explores the implementation and effectiveness of data protection laws in Indonesia using a qualitative research approach. Through in-depth interviews with legal experts, government officials, and digital rights advocates, this research examines the extent to which current regulations align with global standards and whether they adequately address data security threats. The findings indicate that while the PDP Law represents progress, challenges remain in enforcement, compliance, and public awareness. Many organizations, particularly in the private sector, struggle to adapt to the new regulatory environment, and law enforcement agencies face difficulties in overseeing compliance due to resource limitations. Additionally, a lack of digital literacy among Indonesian citizens poses risks, as individuals are often unaware of their data protection rights. Comparisons with international best practices, such as the European General Data Protection Regulation (GDPR), reveal gaps in Indonesia’s approach, particularly in enforcement mechanisms and penalties for data breaches. This study highlights the need for greater government oversight, stronger institutional capacity, and enhanced public education programs to ensure that Indonesia’s data protection laws effectively safeguard digital privacy in the evolving digital landscape.  
Perlindungan Hak Cipta di Bidang Desain Grafis Dalam Penjualan Jasa Desain di Media Sosial Ahya Mofidi Lahida; Adi Sulistiyono
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 3 (2024): September : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v1i3.361

Abstract

This research aims to identify and analyze how social media as a tool for selling graphic design services is then linked to the legal consequences for copyright objects as well as the legal protection given to copyright owners reviewed using Law Number 28 of 2014. This research is a research normative law with a statutory approach. The legal sources used consist of primary legal materials and secondary legal materials. The legal language analysis technique uses literature study, namely books, journals, articles related to the problem topic. The results of this research show that Law Number 28 of 2014 concerning Copyright has basically provided direct legal protection for graphic design creators for the graphic design work they upload to social media. In protecting their creations, graphic design creators can take legal action, both preventive and repressive.
The Role of The Prosecutor’s Office in Asset Seizure Sulistiyono, Adi; Isharyanto, Isharyanto; Purnama Adi , Fadhil
Jurnal Legisci Vol 1 No 2 (2023): Vol 1 No 2 Oktober 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i2.86

Abstract

The seizure of assets resulting from criminal acts will be easier for law enforcement officials to carry out if the Draft Law on Asset Forfeiture is passed. Assets that are seized are not only related to corruption crimes but also general crimes that carry a prison sentence of 4 years or more. The amount of assets seized is also at least IDR 100 million. This paper will explore the urgency of the Asset Forfeiture Bill in terms of the politics of legislation and then be limited to discussions on the direction of law enforcement that is considered responsive, especially regarding institutions that have authority in implementing the law. This paper is a type of doctrinal research that the data collection technique used is a literature technique, while the analysis in this study is after all legal materials are collected both from primary legal materials and secondary legal materials then clarified. Without strong watchdog institutions, impunity becomes the very foundation upon which systems of corruption are built. And if impunity is not demolished, all efforts to bring an end to corruption are in vain. Integrity, transparency, and the fight against corruption have to be part of the culture.
Reform of Islamic Inheritance Law: The Influence of Customary Law on the Institution of Wasiat Wajibah in Islamic Law Fatahullah; Adi Sulistiyono; Burhanudin Harahap
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 1 (2025): 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.v13i1.1695

Abstract

This research aims to investigate the status of the deceased's close relatives, including adopted children, illegitimate children, and children of diverse religions, within the family structure and their legitimate legal standing, thereby establishing their entitlement to inherit the decedent's property. Nonetheless, the viewpoint of the inheritance legal framework in Indonesia about the status of these immediate relatives is markedly distinct. The employed methodology is a normative or doctrinal legal study utilizing a legislative approach and analysis. Wasiat wajibah is an institution in Islamic law in Indonesia to address the problem of differing paradigms between customary law, which recognises all positions and rights of adopted children, and Islamic law, which "only" recognises adoption but does not allow mutual inheritance. The underlying thought of wasiat wajibah in Islamic jurisprudence is intended to provide a sense of justice to adopted children or those close to the heir, but they are religiously barred from inheriting a share of the inheritance. Finally, the mandatory will through Article 209 of the Compilation of Islamic Law (KHI) has filled the ambiguity in Islamic law by granting 1/3 of the inheritance to the adopted child from the property left by the adoptive parents. It is necessary to set standards for the future implementation of mandatory wills to ensure that judges' interpretations of these documents do not negatively impact the interests of the principal heirs.
Co-Authors Abdul Wahid Ahya Mofidi Lahida AL Hakim, Dimas Al Sentot Sudarwanto Albertus Sentot Sudarwanto Albertus Sentot Sudarwanto, Albertus Sentot Anggraeni, Sindi Ayu Arief Suryono Arsyad Aldyan Beta Wulansari Brigita Natalia Rose Santi Budi Prasetyo Burhanudin Burhanudin Burhanudin Harahap Caska - Deselta, Azalia Dewi Septiana Dhikma Heradika Diana Tantri Cahyaningsih Dona Budi Kharisma, Dona Budi Eddy Ramon Torong Emmy Latifah Endang Pandamdari Fadilla Mariska Putri Fitri Fatmawati, Vera Fitriyah, Sarah Fitriyah, Sarah Grahani Wahyu Widhyastuti Hari Purwadi,, Hari Hariati, Sri Hartiwiningsih Hatimah, Khusnul Hazdan, M Fahmi Heradika, Dhikma Hermawan, Sapto I Gusti Ayu Ketut Rachmi Handayani Idris Assaf, Muhammad Iksan Isharyanto ,, Isharyanto Isharyanto Isharyanto Ivan Renaldi Kartika Cahyaningtyas Krista Yitawati Kukuh Tejomurti, Kukuh M Syamsudin M. Hawin M. Syamsudin Melati Adventine Christi Silitonga Moh. Jamin Monaya, Nova Musataklima Musataklima Musataklima, Musataklima Nadhifah Thifal Kurnia Wibowo Nanda Bagus Trihatmojo Novianti, Dinda Nurwati Nur Padma Widyantari Perwitasari, RR. Intan Ratih Prameswari, RA Alilah Fathyarani Pranoto , Prasetyo Hadi Purwandoko PUJIONO Pujiyono , Purnama Adi , Fadhil Putri, Fadilla Mariska Rahman, Reza Fazlur Rahman, Reza Fazlur Rahmawati, Nur Ainiyah Rehnalemken Ginting Ridwan Rochim, Bayu Nur Roestamy, Martin Salsabila, Elora Salsabila, Sekar Salma Saptanti, Noor Saputra, Toni Tri Setiaji, Sigit Sihotang, Sudiman Sindi Ayu Anggraeni Sri Dwi Retno Ningsih Sri Utami Syamsuddin Tesalonika Marta Ayuning Tyas Tifani Rizki Dianisa Torong, Eddy Ramon Trihatmojo, Nanda Bagus Tuhana Tuhana Umi Handayani Wardhani, Rachmalia Rosa Wardhani, Rachmalia Rosa Wicaksono, Bagas Wahyu Widyantari, Padma Winuratri Gita Prawardhani Yudho Taruno Muryanto Zuhrah