Articles
Establishing Consumer Trust Through Data Protection Law as a Competitive Advantage in Indonesia and India
Prastyanti, Rina Arum;
Sharma , Ridhima
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia
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DOI: 10.53955/jhcls.v4i2.200
Data protection laws play a crucial role in enhancing consumer trust in the digital economy, especially with the rise of online cybersecurity threats due to firm expansion. Despite advances, personal data protection laws remain controversial globally, with challenges in implementation hindering progress in some regions. This research examines the competitive advantage of building consumer trust through the Personal Data Protection Law. This research uses juridical-normative research with a legislative approach and comparison with other countries. A comparison was made with India, one of the countries with higher awareness of the importance of personal data protection laws than other countries. The results show that Consumer trust in a company is measured by the extent to which they believe the company will protect their data. Public privacy policies and government regulations that enforce data security measures and increase transparency positively impact trust by reducing concerns about privacy risks. Although data protection laws have been introduced, obstacles such as lack of legal assistance and overlapping sectoral regulations still exist, hindering the smooth implementation of these laws. Nevertheless, implementing data protection laws, such as Indonesia's Private Data Protection Law No. 27 of 2022 and India's Digital Personal Data Protection Act of 2023, is crucial for boosting consumer confidence and regulating data processing. Data security is critical in establishing and maintaining consumer trust in companies as online cybersecurity threats increase with business expansion.
Study of Supreme Court Decision Number 2580 K/Pdt/2016 on Divorce from Mixed Marriage between Indonesian and French Citizen
Maya Dyah Palupi;
Rina Arum Prastyanti
Indonesian Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Indonesian Journal Publisher
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DOI: 10.47134/ijlj.v2i2.3272
This research examines the legal aspects related to divorce in mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA). In the context of marriage, which is a fundamental event in human life, the issue of mixed marriage is becoming increasingly relevant as interactions between countries increase. This research focuses on analyzing the Supreme Court's decision in Decision Number 2580 K/Pdt/2016, which dealt with a divorce between an Indonesian citizen and a foreigner from France. Using normative legal methods, this research explores the legal norms governing divorce in mixed marriages and assesses the consistency of the applicable law in Indonesia. The findings show that there are legal complexities at hand, especially regarding jurisdiction and children's rights, where the Supreme Court's decision has the potential to influence the handling of similar cases in the future. This research is expected to provide insight into the challenges of the Indonesian judicial system in dealing with international divorces as well as the legal implications resulting from the decision.
Legal Agreement on Supreme Court Decision Number 2992 K/Pdt/2015: Legal Issues in Capital Goods Sale and Purchase Agreements reviewed from International Civil Law
Fitri Setyo Rini;
Rina Arum Prastyanti
Indonesian Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Indonesian Journal Publisher
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DOI: 10.47134/ijlj.v2i2.3297
This study highlights the importance of understanding the dynamics of international civil law in the context of capital goods sale and purchase agreements, emphasizing the legal analysis of the Supreme Court Decision Number 2992K/Pdt/2015. In the era of globalization, capital goods sale and purchase agreements are increasingly complicated because they involve various legal systems, standards, regulations, and the process of converting foreign currency to rupiah. This study identifies various legal issues that arise in international capital goods sale and purchase agreements, such as differences in legal interpretations between countries and fluctuations in currency exchange rates. Using the normative legal method, this study analyzes how the Supreme Court applies the principles of international treaty law to address these issues. The results show that this Supreme Court Decision makes an important contribution to the development of international capital goods sale and purchase agreement law in Indonesia, especially in strengthening the rules on the use of the rupiah currency in domestic transactions. This study also emphasizes the need for clear contracts and compliance with the rule of law to prevent future disputes.
Tinjauan Yuridis Terhadap Perjanjian Jual-Beli Dalam Transaksi Elektronik Menurut Pasal 1320 Kitab Undang-Undang Hukum Perdata
Simanungkalit, Jo Brinson;
Prastyanti, Rina Arum;
Hastuti, Indra
RIO LAW JURNAL Vol 6, No 1 (2025): Rio Law Jurnal
Publisher : Universitas Muara Bungo
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DOI: 10.36355/rlj.v6i1.1477
The existence of the digital world today is marked by the rapid development of data transmission through information technology called the internet. The development of information technology, especially the internet, has made very gradual changes in the aspects of life in modern society today. Currently, there are many platforms providing modern electronic commerce transactions that utilize technological advances as a medium for implementation or what is commonly called e-commerce. Several problems that often arise in buying and selling transactions via e-commerce include issues regarding agreements, electronic signatures, payment procedures, taxation, legal protection, justice, and methods of resolving disputes that arise. The Government of the Republic of Indonesia has issued Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UUITE). In Law Number 19 of 2016, the meaning of electronic agreements/contracts is not clearly and firmly explained but only provides general limitations. So the author identifies the problem of regulation and treatment of internet-based sales and purchase agreements and the validity of internet-based sales and purchase agreements according to Article 1320 of the Civil Law..
Perlindungan Hukum Investor Minoritas: Studi Kasus Pt Sri Isman Tbk
Pratama, Andreas Pandhita;
Prastyanti, Rina Arum;
Ningsih, Widi Nugraha
RIO LAW JURNAL Vol 6, No 1 (2025): Rio Law Jurnal
Publisher : Universitas Muara Bungo
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DOI: 10.36355/rlj.v6i1.1480
This research aims to study the impact of the suspension of PT Sri Rejeki Isman Tbk share trading on shareholder investors, especially retail investors as minority shareholders. Formulation of the problem in this research: a) What are the forms of legal rules for the legal protection of investors in the Indonesian capital market? b) How can this legal and regulatory framework address the concerns of minority shareholders during suspension to delisting situations? This type of research is normative legal research or library research, namely a form of research that uses library materials as the main data source, in the form of books, notes or reports of research results from previous research. In the event of the suspension of PT Sri Rejeki Isman as a result of: a) Not paying coupons and principal of medium-term debt, b) Negative equity, c) Not publishing financial reports for the first quarter of 2022. In the event of this loss, OJK has the authority to supervise, audit and Protection can be present as a legal step that can be taken by shareholders who are consumers in the financial services sector. OJK is present as a place to complain about things that have not reached an agreement
Jurisprudence Analysis Of Ma Verdict No 557/Pdt/2016/Pt.Dki On The Malaysian Ambassador's Land Title Dispute
Puspitasari Wardoyo, Nanda;
Arum Prastyanti, Rina
Mutiara: Multidiciplinary Scientifict Journal Vol. 2 No. 11 (2024): Multidiciplinary Scientifict Journal
Publisher : Al Makki Publisher
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DOI: 10.57185/mutiara.v2i11.266
This research analyzes Supreme Court Decision No. 557/PDT/2016/PT.DKI regarding a land title dispute involving the Government of Malaysia and a number of parties in Indonesia. The dispute stems from a claim over land used as the official residence of the Malaysian Ambassador, which had previously been purchased under a notarial deed in 1971. This study aims to understand the application of law in dispute resolution, as well as the legal implications of this decision for the development of jurisprudence and land law practice in Indonesia. The method used is jurisprudential analysis, focusing on the legal documents and arguments presented during the trial. The results of the analysis show that this decision affirms the importance of legal protection for foreign embassies in accordance with the 1961 Vienna Convention, as well as providing clear guidelines in the settlement of land disputes. The research also found that low public awareness regarding legal land ownership is a major factor in the emergence of disputes. In addition, this study suggests the need to improve the mediation mechanism at the BPN and socialization regarding legal land ownership to reduce future disputes. As such, this research is expected to contribute to a deeper understanding of land law and improve legal certainty in Indonesia, as well as provide practical recommendations for policymakers in managing land disputes.
Analysis Of Land Ownership Disputes By Foreign Nationals Based On Wills: Case Study Of Supreme Court Decision No. 1134/Pdt/2009 In The Perspective Of International Civil Law
Putri Dwi Ramadhani, Shahnata;
Arum Prastyanti, Rina
Mutiara: Multidiciplinary Scientifict Journal Vol. 2 No. 11 (2024): Multidiciplinary Scientifict Journal
Publisher : Al Makki Publisher
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DOI: 10.57185/mutiara.v2i11.268
Land ownership in Indonesia is strictly regulated, especially for foreigners, through the Basic Agrarian Law (UUPA). This legal foundation limits the rights of foreigners in terms of land ownership, especially property rights, according to Article 21 of the UUPA. The case of Supreme Court Decision No. 1134/Pdt/2009 provides a clear example of how the recognition of inheritance rights for foreigners on land can lead to complicated legal issues. The method of this research is normative juridical with a statutory and case approach. This method focuses on the analysis of Supreme Court Decision No. 1134/PDT/2009 on land ownership disputes between citizens and foreigners based on wills. Primary data was obtained through court decisions and related laws and regulations, such as the UUPA, while secondary data was through legal literature, and legal periodicals In Supreme Court Decision No. 1134/Pdt/2009, legal considerations regarding land ownership by foreign nationals (WNA) based on wills are the basis of juridical considerations in the case. one of the basic principles that apply in international civil law is lex situs or the law that applies in the country where the land object is located. Based on the principle of lex situs, any breach or agreement relating to property must be subject to the law of the country where the property is located. According to an analysis of Supreme Court decision No. 1134/Pdt/2009, although foreign nationals can receive land through wills, Indonesian agrarian law explicitly prohibits foreigners from owning land. This creates a conflict between domestic law and the legal principles of international property rights protection. Decision No. 1134/Pdt/2009 became an important reference in Indonesian international civil and agrarian law.
DYNAMICS OF TRADEMARK LAW: A REVIEW OF THE CASE OF INTER IKEA SYSTEM B.V. VS. PT RATANIA KHATULISTIWA IN DECISION NO. 264 K/PDT.SUS-HKI/2015
Pambudi, Amanda Devina Cellia;
Prastyanti, Rina Arum
Causa: Jurnal Hukum dan Kewarganegaraan Vol. 7 No. 1 (2024): Causa: Jurnal Hukum dan Kewarganegaraan
Publisher : Cahaya Ilmu Bangsa
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DOI: 10.3783/causa.v7i1.6666
Trademark can be interpreted as a naming or thing that can be used as a mention in a product. Trademark is included in one of the scope of Intellectual Property Rights. Intellectual Property Rights that can provide protection and legal certainty against a trademark. Without legal protection, the trademark will be very easy to imitate so as to cause harm to one party. This research focuses on the decision of the Supreme Court No. 264 K/Pdt.Sus-HKI/2015 which filed a trademark dispute between Inter IKEA System B.V. and PT Ratania Khatulistiwa. The two parties involved are the owner of the IKEA brand and the applicant for the IKEA brand. The purpose of this study is to analyze the judge's decision and the elements contained therein as well as outline the lawsuit application filed by the plaintiff. This research is made using the normative juridical method with secondary materials as the main material used. In the case between PT Ratania Khatulistiwa against Inter IKEA System B.V. both seek the brand "IKEA" as the brand they want to have.
LEGAL PROTECTION OF ADOPTED CHILDREN BETWEEN COUNTRIES IN THE PERSPECTIVE OF INTERNATIONAL CIVIL LAW
Cindy Atika Zulaeka;
Rina Arum Prastyanti
Causa: Jurnal Hukum dan Kewarganegaraan Vol. 7 No. 1 (2024): Causa: Jurnal Hukum dan Kewarganegaraan
Publisher : Cahaya Ilmu Bangsa
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DOI: 10.3783/causa.v7i1.6685
Inter-state child adoption is a complex global phenomenon with various legal and social aspects. This research aims to provide an in-depth analysis of the international civil law framework governing international child adoption, with a focus on the legal protection of adopted children. This research employs a normative legal research method to comprehensively examine various relevant national and international laws, regulations, and legal theories developed in this field and to analyze the legal protection of interstate child adoptions from an international civil law perspective. This review takes a closer look at the legal protection of intercountry child adoptions under international civil law. The focus is on analyzing the vulnerability of children in the context of international adoption and the international community's efforts to protect their rights. The review is conducted through an analysis of relevant national and international laws as well as relevant legal literature.
Urgensi Regulasi Penggunaan Kecerdasan Buatan (AI) Dalam Ecommerce
Arum Prastyanti, Rina;
Mustofa, Khoirul
Jurnal Bedah Hukum Vol. 8 No. 2 (2024): Jurnal Bedah Hukum
Publisher : Fakultas Hukum, Universitas Boyolali
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DOI: 10.36596/jbh.v8i2.1413
AI influences the facility's algorithm or search engine for a particular product or service. Then it changes the cost and length of lines such as in online transport, which can be detrimental to customers. Not to mention about data security and consumer privacy in the era of frequent cybercrime. In Indonesia, consumers' personal data is spread or sold due to hacking in many e-commerce applications. The juridical-normative method is used in this research to determine consumer protection after the implementation of AI in online businesses. The purpose of this study is to determine the urgency of regulation of the use of artificial intelligence (AI) in e-commerce. And the form of legal protection for consumers of e commerce users. This research uses two approaches: a case approach and a statutory approach, all available data is analysed using qualitative descriptive analysis techniques, Taking into account that the use of AI in Indonesia will not only increase for technological purposes alone, but also in various sectors, existing laws and regulations in the field of technology must be applied to regulate the application of AI in Indonesia. Any new regulation should ensure compliance with existing regulations and adjust to the characteristics of the relevant sectors