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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Jurnal Cita Hukum WAJAH HUKUM Jurnal Ilmu Hukum The Juris DOKTRINA: JOURNAL OF LAW Walisongo Law Review (Walrev) Collegium Studiosum Journal
Mona Wulandari
Fakultas Hukum Universitas Muhammadiyah Palembang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Protection of Personal Data Financial Technology Based Online Loans from The Consumer Protection Act Iim Saputra Noptabi; Serlika Aprita; Mona Wulandari
Walisongo Law Review (Walrev) Vol 4, No 1 (2022)
Publisher : Universitas Islam Negeri Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/walrev.2022.4.1.11135

Abstract

This study aims to determine the legal protection of personal data financial technology (Fintech) based on online loans in terms of the Consumer Protection Act and what are the legal consequences of personal data violations by fintech companies based on online loans in terms of the Consumer Protection Act. The type of research used is normative legal research. The conclusion of this study is that the legal protection of consumer personal data has been regulated by the Financial Services Authority (OJK) Circular and the Regulation of the Minister of Communication and Information concerning Confidentiality, Integrity and Security of Consumer Personal Data or Information and the Legal Consequences of Personal Data Violation, which is regulated in Article 47 of the Authority Regulation. Financial Services Number 77/POJK.01/2016 is an administrative sanction, then there is the Personal Data Protection Bill which regulates criminal sanctions. Penelitian ini bertujuan untuk mengetahui perlindungan hukum data pribadi financial technology berbasis pinjaman online ditinjau dari Undang-Undang Perlindungan Konsumen dan bagaimana akibat hukum pelanggaran data pribadi yang dilakukan perusahaan fintech berbasis pinjaman online ditinjau dari Undang-Undang Perlindungan Konsumen. Jenis penelitian yang digunakan adalah penelitian hukum normatif. Kesimpulan penelitian  ini adalah perlindungan hukum data pribadi konsumen telah diatur oleh Surat Edaran Otoritas Jasa Keuangan (OJK) dan Peraturan Menteri Komunikasi dan Informatika tentang Kerahasiaan, Keutuhan dan Keamanan Data atau Informasi Pribadi Konsumen dan Akibat Hukum Pelanggaran Data Pribadi yaitu diatur dalam Pasal 47 Peraturan Otoritas Jasa Keuangan Nomor 77/POJK.01/2016 adalah sanksi administratif, lalu terdapat Rancangan Undang-Undang Perlindungan Data Pribadi yang mengatur sanksi pidana.
Disparitas Putusan Peradilan Agama terhadap Wasiat Wajibah Anak Angkat Sarah Qosim; Serlika Aprita; Mona Wulandari
SALAM: Jurnal Sosial dan Budaya Syar-i Vol 9, No 5 (2022)
Publisher : Faculty of Sharia and Law UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v9i5.27491

Abstract

This study aims to find out the reasons for the judges of the Bandung Religious Court to the high judges of the Supreme Court who canceled the decision of the Religious High Court which stated that there was no will of all assets. Article 174 paragraph 1 KHI stipulates that the wife or widow who is left behind has got a share as a legal heir, if the heir does not leave a child, 1/8 if the heir leaves a child. Article 209 of the KHI states that the adopted child receives 1/3 of the mandatory wasiah from the inheritance and the exception in Article 195 paragraph (2) of the KHI will is allowed as much as 1/3 of the inheritance unless all heirs agree. The results of the study state that there is a legal disparity from the decision of the first court to the cassation. The decision of the Religious Court was annulled by the High Court of Religion, but was taken over by the high judge of the Supreme Court by determining the inheritance by first dividing it in half with his wife. Then the part that dies is an inheritance that must be distributed to the heirs.Keywords: Wasiah Obligatory; Heirs; Substitute Heirs Abstrak. Penelitian ini bertujuan untuk mengetahui alasan hakim Pengadilan Agama Bandung hingga hakim tinggi Mahkamah Agung yang membatalkan putusan Pengadilan Tinggi Agama yang menyatakan tidak ada Wasiat seluruh harta. Pasal 174 ayat 1 KHI menyebutkan bahwa istri atau janda yang ditinggalkan sudah mendapatkan bagian sebagai ahli waris yang sah, ¼  apabila pewaris tidak meninggalkan anak, 1/8 apabila pewaris meninggalkan anak. Pasal 209 KHI menyatakan bahwa anak angkat menerima bagian 1/3 wasiah wajibah dari harta warisan dan pengecualian dalam Pasal 195 ayat (2) KHI wasiat diperbolehkan sebanyak-banyaknya 1/3 dari harta warisan kecuali apabila semua ahli waris menyetujui. Hasil dari penelitian menyatakan bahwa terdapat disparitas hukum dari putusan Pengadilan tingkat pertama sampai kasasi. Putusan Pengadilan Agama dibatalkan oleh Pengadilan Tinggi Agama, namun diambil alih oleh hakim tinggi Mahkamah Agung dengan menetapkan harta peninggalan dengan terlebih dahulu dibagi dua dengan istrinya. Kemudian bagian yang meninggal merupakan harta peninggalan yang harus dibagikan kepada ahli warisnya.Kata Kunci: Wasiah Wajibah; Ahli Waris; Ahli Waris Pengganti
Penegakan Hukum Pidana Terhadap Kepemilikan Senjata Api Ilegal yang Disalahgunakan yang Mengakibatkan Matinya Seseorang: Criminal Law Enforcement Against Possession of Illegally Abused Firearms that Causes Someone's Death Hasanal Mulkan; Mona Wulandari
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.7513

Abstract

According to Law No. 12 of 1951 and the criminal law enforcement process against perpetrators of illegal possession of firearms according to the Emergency Law No. 12 of 1951 as well as the obstacles encountered in the enforcement of criminal law against illegal possession of firearms by the police by selecting the relevant agencies to obtain detailed information. concerning the enforcement of criminal law against illegal possession of firearms and the application of the Emergency Law No. 12 of 1951. that Law No. 12 of 1951 concerning the possession of illegal firearms has been implemented properly and the enforcement of criminal law against perpetrators of illegal possession of firearms has been carried out in accordance with the relevant regulations. Starting from the starting point of the discussion, it can be concluded that as a criminal law enforcer against the owner of a legal firearm that is misused resulting in the death of a person, it is possible to be subject to criminal charges against the perpetrators of murder in accordance with Article 338 of the Criminal Code with the threat of imprisonment for a maximum of fifteen years in prison and preventive measures to prevent the misuse of legal firearms, are in accordance with the applicable regulations for registration and use permits, conducting raids from certain parties, medical examinations for the holder of the firearms.
Analisis Hukum Penyelesaian Sengketa Kepailitan Syariah di indonesia Mona Wulandari; Saifullah Basri
Wajah Hukum Vol 6, No 2 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i2.1081

Abstract

After the issuance of the Constitutional Court Decision Number 093/PUU-X/2012, the quo vadis regarding the dualism of the authority to settle sharia economic disputes has ended. The Religious Courts are legally constitutional as the only institution authorized to resolve sharia economic disputes through litigation. However, this authority is not fully implemented, there are still other sharia economic disputes whose resolution is decided by the Commercial Court within the scope of the General Courts, namely bankruptcy disputes and PKPU (Debt Payment Obligations Suspension) in Islamic financial institutions. So after the decision of the Constitutional Court Number 93/PUU-X/2012, the litigation resolution of sharia banking disputes is handled by the Religious Courts, while non-litigation is handled by arbitration and other alternative dispute resolutions. Arbitration in this case is the National Sharia Arbitration Board (BASYARNAS) while other alternative dispute resolutions are resolved through dispute resolution agreements based on good faith.
Criminal Liability of the Curator for Illegal Acts in the Independence Principle Serlika Aprita; Mona Wulandari; Sarah Qosim
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27801

Abstract

An entity or individual bankruptcy statement can occur if the debtor fulfills the elements of bankruptcy where the application is submitted to the commercial court by an advocate. The appointment of a curator in one of the contents of a commercial court decision will determine a person or more curators who originate at the request of the bankruptcy applicant, either by the creditor applicant or the debtor applicant himself. This study aims to determine the form and mechanism of the curator's criminal liability to the law based on the principle of independence in managing and settling bankrupt assets. This study uses a prescriptive normative legal research method with a statutory approach. The results of the study state that the recommendation of a curator by the bankruptcy applicant will tend to have a conflict of interest if there is no independent curator in carrying out the obligations mandated to him in Article 15, paragraph (3) of the PKPU UUK. The applicable criminal threat remains based on the source of criminal law in force in Indonesia following the actions of the curator as an individual who is not immune to the law.
Criminal Liability of the Curator for Illegal Acts in the Independence Principle Serlika Aprita; Mona Wulandari; Sarah Qosim
Jurnal Cita Hukum Vol 10, No 2 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i2.27801

Abstract

An entity or individual bankruptcy statement can occur if the debtor fulfills the elements of bankruptcy where the application is submitted to the commercial court by an advocate. The appointment of a curator in one of the contents of a commercial court decision will determine a person or more curators who originate at the request of the bankruptcy applicant, either by the creditor applicant or the debtor applicant himself. This study aims to determine the form and mechanism of the curator's criminal liability to the law based on the principle of independence in managing and settling bankrupt assets. This study uses a prescriptive normative legal research method with a statutory approach. The results of the study state that the recommendation of a curator by the bankruptcy applicant will tend to have a conflict of interest if there is no independent curator in carrying out the obligations mandated to him in Article 15, paragraph (3) of the PKPU UUK. The applicable criminal threat remains based on the source of criminal law in force in Indonesia following the actions of the curator as an individual who is not immune to the law.
PENERAPAN KEPATUHAN HUKUM DAN GOOD CORPORATE GOVERNANCE SEBAGAI UPAYA MENINGKATAN KINERJA PERUSAHAAN Desni Raspita; Mona Wulandari; Hendra Apriyanto
The Juris Vol. 10 No. 1 (2026): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v10i1.2346

Abstract

Legal compliance and Good Corporate Governance (GCG) represents sound corporate principles that must be applied in company management, solely to safeguard the company's interests in pursuit of its aims and objectives. These sound principles entail a balanced relationship among corporate organs, shareholders, and stakeholders; a clear division of duties, authority, and responsibilities among corporate organs in accordance with the company's structure; and operational mechanisms aligned with the Limited Liability Company Law and the company's Articles of Association—all implementing GCG based on the principles of transparency, fairness, and accountability. This study employs doctrinal legal research. The concrete application of GCG principles aims to benefit the company by: first, facilitating access to domestic and foreign investment; second, securing a lower cost of capital; third, enabling better decision-making to enhance economic performance; fourth, boosting stakeholder confidence and trust in the company; and fifth, protecting the board of directors and board of commissioners from legal claims. Factors such as patrimonialism, family capitalism, and crony capitalism must be carefully considered regarding the implementation of GCG in Indonesia. These obstacles can impact independence, monitoring, control, and operational mechanisms, ultimately affecting the company's performance.
PERBANDINGAN PENYELESAIAN SENGKETA PERUSAHAAN MELALUI LITIGASI DAN NON LITIGASI: PERSPEKTIF PERLINDUNGAN HUKUM HAK ASASI MANUSIA Mona Wulandari; Desni Raspita; Hendra Apriyanto
The Juris Vol. 10 No. 1 (2026): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v10i1.2350

Abstract

Rapid societal advancement inevitably gives rise to disputes. Dispute resolution efforts can be pursued through two avenues: litigation and non-litigation. Non-litigation options include deliberation, mediation, and arbitration. Court-based resolution (litigation) is often time-consuming and costly, frequently resulting in one satisfied party and one dissatisfied party. Conversely, non-litigation methods such as mediation, negotiation, or arbitration are considered more efficient and better at preserving relationships between the disputing parties. This study employs a normative-juridical research method. The findings indicate that, despite the shortcomings inherent in the judicial process, the judiciary must be maintained as a "pressure valve" within a state governed by the rule of law and democracy. However, its position needs to shift to that of a "last resort," while alternative mechanisms are positioned as the "first resort." This line of thinking requires further development. Courts cannot simply be abolished in a democratic state governed by the rule of law, as they serve as the foundation upon which alternative dispute resolution mechanisms were established. The study demonstrates that dispute resolution whether through litigation or non-litigation combined with planned risk management, is key to maintaining operational continuity and business sustainability; success depends on agreements that offer "win-win solutions," thereby upholding human rights protections.
INTEGRASI KEPATUHAN HUKUM DAN MITIGASI RISIKO BAGI KORPORASI: PERAN AUDITOR HUKUM DALAM MEMBERIKAN PERLINDUNGAN HUKUM SEHUBUNGAN DENGAN PHK PADA PERUSAHAAN PAILIT Mona Wulandari; Hendra Apriyanto
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2057

Abstract

The role of legal auditors in providing legal protection in connection with the termination of employment (PHK) of workers in bankrupt companies focuses on ensuring compliance with labor laws and regulations, identifying workers' normative rights, and ensuring that these rights are prioritized in the bankruptcy process. The type of research used in this study is normative juridical. The inconsistency of provisions regarding termination notification between the Bankruptcy Law and the Manpower Law causes uncertainty for workers in preparing themselves for the impact of termination of employment, and makes it difficult for curators to carry out their duties effectively. The results of interviews revealed that the unclear notification rules and priority of payment of workers' rights often give rise to practical obstacles and disputes in the bankruptcy process. Practices in countries such as Germany, France, and Japan show that flexible but sufficient notice periods, court supervision, and social security funds for workers laid off due to bankruptcy are important steps to improve worker protection. Companies that are run in accordance with applicable regulations will increase their value. A company's image in the eyes of the public and potential investors. The primary purpose of a legal audit is risk mitigation. Audit results can be used by business actors or investors before making investments or conducting business. Business actors can mitigate risks in investments. In other words, business actors can request legal audit results when making investments or conducting business. This way, business actors can determine whether the party they intend to collaborate with has implemented legal compliance or is in fact non-compliant.
PERLINDUNGAN HUKUM TERHADAP KRIMINALISASI BAGI PROFESI KURATOR DAN PENGURUS BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU Hendra Apriyanto; Mona Wulandari
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2063

Abstract

A curator who has many duties and authorities in carrying out his duties during the bankruptcy process will certainly encounter many problems or obstacles that must be overcome, however, even though the duties and authorities granted by the Law are quite broad, in practice, not a few curators and administrators experience obstacles in carrying out their duties and authorities. Almost recently it was also known that the curator had been sued in court by the bankrupt debtor where the bankrupt debtor thought what the curator had done was wrong and was considered to have stolen or embezzled the bankrupt debtor's assets, in this case what often happens is that there is no protection for the curator in carrying out his duties. The type of research used in this writing is normative legal research. With the existence of reports that seem forced and also fabricated, until now it can still be accepted by the police so that it seems as if the curator is a suspect who committed embezzlement because he made a sale without the agreement of the debtor, even though this is a series of stages in bankruptcy. So in this case it is known that this criminalization may actually be due to a lack of understanding by law enforcement in carrying out their duties. Therefore, legal protection for curators in carrying out their duties is necessary to prevent further criminalization of curators and administrators in Indonesia. The Curator and Administrator Profession Law will establish competency standards, national licenses, codes of ethics, and independent oversight mechanisms. This law should also provide limited immunity for curators and administrators who have worked according to procedures and in good faith. This protection is crucial so they can make swift decisions without the fear of criminalization.
Co-Authors Desni Raspita Hasanal Mulkan Hendra Apriyanto Iim Saputra Noptabi Saifullah Basri Sarah Qosim Serlika Aprita