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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Rechtsidee Jurnal Daulat Hukum Ajudikasi : Jurnal Ilmu Hukum Publik (Jurnal Ilmu Administrasi) Hasanuddin Law Review Syntax Literate: Jurnal Ilmiah Indonesia Bina Hukum Lingkungan NUSANTARA : Jurnal Ilmu Pengetahuan Sosial International Journal of Supply Chain Management JURNAL MERCATORIA Legal Standing : Jurnal Ilmu Hukum Awang Long Law Review Unes Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Al-Dustur JUSTISI Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Ilmu Hukum KYADIREN Progressive Law Review Jurnal Hukum Adigama Jurnal Suara Hukum Jurnal Scientia Jurnal Hukum Lex Generalis SUPREMASI Jurnal Hukum Indonesian Journal of Legality of Law Devotion: Journal of Research and Community Service Indonesian Journal of International Law JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (JHSSB) Law Development Journal The International Journal of Politics and Sociology Research Az Zarqa': Jurnal Hukum Bisnis Islam Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) International Journal Of Economics Social And Technology Indonesia Law Review (ILREV) Journal of Law, Poliitic and Humanities Bina Hukum Lingkungan Jurnal Indonesia Sosial Sains Journal of Business, Management and Social Studies Ranah Research : Journal of Multidisciplinary Research and Development Riwayat: Educational Journal of History and Humanities Jurnal Hukum & Pembangunan LamLaj Jurnal Serina Abdimas Tarumanagara Law Review
Ariawan Gunadi
Faculty of Law, Tarumanagara University
Religion Arts Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Neuroscience Physics Public Health Social Sciences Transportation Other

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Dinamika Hukum Perlindungan Konsumen dalam Labirin Sengketa Properti Evelyn; Ariawan Gunadi
Jurnal Hukum Lex Generalis Vol 5 No 9 (2024): Tema Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

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Abstract

The property sector in Indonesia plays a crucial role in the financial stability of families and individuals. However, property transactions are often marked by disputes arising from unclear agreements, delays in handover, and discrepancies in building quality. A lack of sufficient knowledge and limited access to legal resources make consumers vulnerable to fraud and unfair practices. This journal explores the role of consumer protection law in effectively resolving property disputes and highlights challenges in the implementation of consumer protection regulations in property disputes. Recommendations include legislative reform, strengthening the capacity of regulatory bodies, and enhancing educational programs. This study aims to strengthen consumer protection in the property sector.
Tanggung Jawab Perusahaan Pelayanan Pengiriman Barang terhadap Kerugian Atas Manipulasi Tarif Pengiriman Barang yang Merugikan Konsumen (Studi Kasus Putusan Mahkamah Agung Nomor 175 K/ Pdt.Sus-BPSK/2021) Elysia Wilhelmina Rengkung; Ariawan Gunadi
Jurnal Hukum Lex Generalis Vol 5 No 4 (2024): Tema Hukum Perdata
Publisher : CV Rewang Rencang

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This journal examines the responsibility of courier service companies for damages resulting from the manipulation of shipping rates that harm consumers, focusing on the case study of the Supreme Court Decision No. 175 K/Pdt.Sus-BPSK/2021. The research aims to identify and analyze the legal mechanisms for holding companies accountable in cases of rate manipulation and to understand the implications of the Supreme Court’s decision on business practices in the courier sector. The research employs a case study method with a qualitative approach, analyzing court documents and related data from the case discussed in the ruling. The findings indicate that courier companies have a legal obligation for rate transparency and accountability in pricing practices. Rate manipulation detrimental to consumers is deemed a violation of fairness and consumer protection principles. The Supreme Court’s decision reinforces the legal responsibility of companies and establishes an important precedent for handling similar disputes in the future. The conclusion emphasizes the need for stricter oversight of courier service companies and clearer regulations regarding rate transparency to protect consumer rights. This research aims to contribute to the development of consumer protection law and fairer business practices in Indonesia.
Hybrid Digital Replication Rights: Recalibrating Identity Protection in the Indonesian Legal System through the Perspective of Lex AI Kirana Hamonangan, Marcellius; Gunadi, Ariawan
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.66572

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Modern AI systems are increasingly capable of replicating a person’s voice, facial resemblance, body movements, and behavior without the consent of the subject in question. Existing legal frameworks—including privacy laws, copyright laws, and publicity rights—provide only partial protection and are not yet sufficient to address AI-based identity duplication. In Indonesia, the absence of explicit provisions in Law No. 27 of 2022 on Personal Data Protection and the Copyright Law regarding synthetic personas creates a legal gap that could lead to uncertainty as well as economic and reputational harm to individuals. This article analyzes the legal implications of identity replication enabled by AI and, for the first time, introduces the concept of Hybrid Digital Replication Rights (DRR) as a new legal framework for digital identity protection. Unlike traditional production-based approaches in intellectual property law, DRR adopts replication-based protection, which is triggered when synthetic outputs bear substantial resemblance to identifiable individuals and pose a risk of tangible harm.  DRR is designed with limited economic components valid for the duration of a person’s lifetime plus seventy years, as well as a non-transferable moral core rooted in the principle of human dignity. Referring to Lex AI’s theory of Private Ordering by Design, this article asserts that identity protection must be integrated into the technical architecture of AI systems. Thus, this article makes a conceptual contribution by formulating DRR as a normative–technical legal framework within the context of the Indonesian legal system.
Indonesia's Position Based On The Australian Asean New Zealand Free Trade Agreement And Its Impact From A Business La W Perspective Gunadi, Ariawan
Jurnal Hukum & Pembangunan Vol. 40 No. 1 (2026)
Publisher : UI Scholars Hub

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Good Corporate Governance in Credit Restructuring as an Effort to Mitigate Legal Risk Amanda Fitriani Eka Putri; Ariawan Gunadi
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.251

Abstract

In the banking sector, credit distribution serves as the core business activity and primary source of revenue, yet it also exposes banks to legal and financial risks that may disrupt institutional stability. Credit restructuring is a strategic recovery measure that must be carried out in accordance with Good Corporate Governance (GCG) principles to prevent further legal complications. This study aims to analyze the implementation of GCG in credit restructuring as a legal risk mitigation mechanism for commercial banks in Indonesia. The research employs a normative juridical method using both statutory and conceptual approaches. The findings demonstrate that applying GCG principles enhances accountability in restructuring decisions through accurate verification and transparent disclosure of debtor information to relevant stakeholders. The principles of independence and prudence serve to prevent conflicts of interest and moral hazard that could lead to civil disputes between banks and debtors. Furthermore, proper documentation and adherence to Financial Services Authority regulations reduce the likelihood of administrative sanctions related to inaccurate reporting or asset quality misassessment. At the same time, fairness in the negotiation process strengthens public trust and minimizes reputational risks that may result in significant financial consequences for banks. Therefore, comprehensive implementation of GCG principles is essential to ensure effective and sustainable credit restructuring governance, ultimately contributing to stronger resilience and long-term stability of the Indonesian banking sector.
The Transformation of MSMEs Through Sole Proprietorship Companies: Implications, Opportunities, and Challenges in the Digital Economy Era Ariawan Gunadi; Michael Ang; Aziq Rosdi
Tarumanagara Law Review Vol. 8 No. II (2026): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v8iII.38715

Abstract

Micro, Small, and Medium Enterprises (MSMEs) serve as the backbone of Indonesia’s economy, contributing significantly to gross domestic product income and employment absorption. However, MSME actors still face administrative constraints, limited access to capital, and challenges in entering global markets. To address these issues, the government introduced the sole proprietorship company scheme under the Job Creation Law to simplify regulations and provide legal certainty for MSMEs. This study analyzes the implications, opportunities, and challenges of MSME transformation through sole proprietorship companies in the digital economy era. The research adopts a normative juridical method with a statutory and conceptual approach. The findings indicate that sole proprietorship companies facilitate business legality, improve access to capital, and expand market reach through business digitalization. However, challenges such as low digital literacy, infrastructure gaps, and cybersecurity risks remain significant obstacles. Therefore, affirmative policies, including digital education, infrastructure development, and stronger data protection regulations, are necessary to ensure the sustainability of MSMEs through sole proprietorship companies in the digital economy.
Legal Analysis of Institutional Governance of Upstream Oil and Natural Gas Management After The Constitutional Court’s Decision Martin Edward Awuy; Ariawan Gunadi
Tarumanagara Law Review Vol. 2 No. I (2020): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v2iI.38971

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In reality, the management of oil and gas resources tends to prioritize investment and exports, without considering the strategy of reserving oil and gas resources for the people's future needs. Throughout its history, the Oil and Gas Law has been subject to several judicial reviews at the Constitutional Court. Constitutional Court Decision Number 36/PUU-X/2012 stated that several articles and explanations related to BP Migas contradict the 1945 Constitution of the Republic of Indonesia and have no binding legal force. The research method used by the author is a normative legal research method. In the Oil and Gas Law, the concept of institutional governance in the upstream oil and gas sector distinguishes between mineral rights, mining rights, and economic rights. There are three concepts of legal entity status of upstream oil and gas sector institutions: the Government directly acts as a party to the contract, the Government assigns a National State-Owned Enterprise, or the Law establishes and assigns an institution that is given authority in the upstream oil and gas sector.
Analysis of Legal Protection for Borrowers' Personal Data in Online Loan Application Services (Case Study: PT Barracuda Fintech Indonesia) Ardyanus Hartony Laos; Ariawan Gunadi
Tarumanagara Law Review Vol. 2 No. I (2020): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v2iI.38999

Abstract

In online loan application services, (Fintech) many people have complained about problems regarding the dissemination of personal data carried out by online loan organizers (Fintech Companies) without confirmation and permission of the data owner. In this regard, it is important to study the legal protection of borrowers' personal data in online loan application services, and sanctions for breaches of personal data. The purpose of this thesis research is to examine the legal protection of the borrower's personal data in online loan application services. The method that will be used in writing this thesis is a normative research method with a statutory approach and a facts approach. The study results show that legal protection and sanctions for breaches of personal data are regulated in Law no. 11 of 2008 and its amendments regarding Information and Electronic Transactions, and in the Financial Services Authority Regulation No. 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services, which is confirmed in Article 26 that:” "The organizer is responsible for maintaining the confidentiality, integrity and availability of user's personal data and in its use must obtain approval from the owner of the personal data unless otherwise stated. by the provisions of laws and regulations.
The Doctrine of Piercing the Corporate Veil Regarding the Liability of Directors Concerning Company Asset Ownership (A Study of Denpasar District Court Decision Number 1200/Pdt.Bth/2019/PN.Dps) Winda Gadis Sukardi; Ariawan Gunadi
Tarumanagara Law Review Vol. 3 No. I (2021): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v3iI.39008

Abstract

The principle of piercing the corporate veil simply can make the form of accountability of shareholders, directors and commissioners of the company in certain matters unlimited. In this research, the problem is: How is the regulation regarding the responsibility of the board of directors in their ownership assets according to the doctrine of piercing the corporate veil? and How is the relationship between the piercing of corporate veil doctrine and the business judgment rule doctrine? In this research method, the type of research using a normative juridical approach, in addition to research. The data source comes from the data secondary, namely by studying primary legal materials and secondary legal materials.Data collection is done by means of library research, namely:collect data by reviewing library materials or secondary data.Furthermore, the data were analyzed qualitatively. From the results then the directors must take personal responsibility to personal property and these two doctrines contradict each other, so the business judgment rule doctrine cannot be used in this case. It is recommended that the Board of Directors must be careful in carrying out their obligations and duties in determining policies for limited liability companies and the aggrieved parties are advised to as a result of the board of directors having committed an unlawful act.
Legal Status of the Transfer of Rights to Land Formerly Held Under Hak Guna Bangunan (Right to Build) Derived from the Conversion of Expired Western Rights Pursuant to Presidential Decree Number 32 of 1979 Ardianto Reza Pamungkas; Ariawan Gunadi
Tarumanagara Law Review Vol. 2 No. II (2020): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v6iII.39074

Abstract

Theobjctive of this research is to determine THE TRANSFER OF RIGHT LEGAL STATUS ON LAND WITH EXPIRED BUILDING RIGHTS FROM THE CONVERSION OF ENDED WESTERN RIGTHS BASED ON THE PRESIDENTIAL DECREE NUMBER 32 OF 1979. The background of this reserach was the unclear legal status on land with expired building rights in 1980, wherein in the provision of Presidential Decree Number 32 of 1979 it is stated that the land becomes state-owned land before it can be requested by parties based on the rules and regulations stated in the aforemntioned Presidential Decree. This research took a sample case on a plot of land located in the Pekojan area, West Jakarta, where a plot of land had been transferred by a group of people who occupied and used the land to another party with a deed of sale and purchase of buildings and a transfer of rights. When the land buyer party wished to request for the land rights to the West Jakarta Land Office, another party blocked the process because they posed a certificate of building rights on that plot of land, this in turn led to problems. What is the legal status of land from the conversion of western rights over expired building rights and have been transferred based on a deed of sale and purchase reviewed from Presidential Decree Number 32 of 1979? Also, what is the mechanism for requesting for land rights to land with expired building rights by the West Jakarta Land Office? To answer these questions, the researcher used normative legal research method.
Co-Authors Agustin, Dila Wahyu Alberta, Alberta Alexander Arcelino Gunadi Amad Sudiro Amanda Fitriani Eka Putri Amrie Firmansyah Andre Kiemas Anggra, Philip Anthony Willyus Wongkar Antonius Ferry Bastian Aprilia, Indah Siti Ardianto Reza Pamungkas Ardyanus Hartony Laos Aulia, Riska Ayu Puspita Sari Aziq Rosdi Baehaqi Bonang, Rio Bondan Cahyadi Budi Prana Prasetyo Calvita Candra, Marvin Cendranita, Ivannia Chandra, Edwin Chandra, Yulius Charomain, Mochammad Imam Christopher David Nagaria Claudia, Zulian Clementino Moningka, Yosia Cornelia Alpha Darren Andreas Dave Chrysander Defilania, Oktri Dewi Rahma Dewi Wulandari Dharmasetya, Lani Ekaratri, Azkia Elysia Wilhelmina Rengkung Endison Ravlindo Evelyn Fionita, Jessica Frederick Septian Tuwan Fredrik Siregar, Aristoteles Gerhard Frisca Delicia, Nadya Frisca Frisca Grace Priskilla Suwanto Graciella, Eunike Hakim, M. Rizky Aulia Harjanto, Devy Yulyana Herman Joseph Irma, Febriana Jariyan, Sarifah Ainun Jessica Candakentjana Jessica Jessica Juan Davis Elhanan Kamil, Renita Kevin Veronica Halim Khanifa Fauziah Khantidevi Lukmadi, Fionna Khutub, Muhammad Kiemas, Andre Kirana Hamonangan, Marcellius Lestari, Novianti Lisa Putri Utami Lukita, Hans Made Aubrey Josephine Angelina Makawowor, Chelsea The Marchel Thobie Maria Cecilia Nugroho Maria Ulfah Hidayatulloh Marshella Cenyvesta Martheo, Felicia Martin Edward Awuy Martono Martono Matheus, Juan Mayvians, Tidelstein Melani Harly Melvina Michael Ang Michelle Nathania Michelle Starla Ongko Michelle, Grace Bernadette Mingga, Britney Wilhelmina Berlian Mita, Ermita Ekalia Monica Blazinky Muhammad Abdurrohim Muhammad Awal Alishakur Muhammad Theo Rizki Putra Muzacky, Ahmad Nadhea Tungga Devi Nagaria, Christopher David Nugroho, Hizkia Ivan Oping, Timothy Farrel Panji Ramadhan Pascal Amadeo Yapputro Pasyah, Rabbil Arya Petrosina Matauseja Huka, Christia Prasanti, Nandani Bayu Puspa Hartanto, Adinda Puspita, Lidya Putri, Amelia Natalie Putri, Destia Liana Putri, Pricilia Dwi Anggreni Raymond Kusuma Reyza Julianda Mahabati Ricky Ricky Rimandita, Tiffani Rizki, Muhamad Abdul Jamil Rohaya, Nizla Salim, Gerardus Aldo Samudra, Muhammad Bima Samuel, Yoel sari, nike kumala Shasmita, Sylvia Siswahyudianto Stephanie Patricia Prasetyo Suwinto Johan Sylvia, Sylvia Tanera, Lauren Teddy Francis Theresia Wijaya Tsabita, Nabilla Mahva Vanessa Widjaja Vianka, Maria Ibella Vina Octavia Vivi Heniasy Winda Gadis Sukardi Wonohadidjojo, Christopher Howard Yanuar Putra Erwin