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All Journal Pandecta Jurnal Hukum Novelty Perspektif : Kajian Masalah Hukum dan Pembangunan Pembaharuan Hukum Jurnal Privat Law Jurnal Penelitian Pendidikan IPA (JPPIPA) Privat Law Pena Justisia: Media Komunikasi dan Kajian Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences LEGAL BRIEF MAQASIDI Journal of Central Banking Law and Institutions International Journal of Law, Policy and Governance Jurnal Medika: Medika
Dona Budi Kharisma, Dona Budi
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Artwork Copyright Legal Protection on Non-Fungible Tokens (NFT) Tuhana, Tuhana; Kharisma, Dona Budi; Khoirunnisa, Nabilah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4405

Abstract

The purpose of this legal research is to find out the legal problems in protecting the copyrights of creators of works of art on Non-Fungible Tokens (NFT) and to find out the forms of legal protection for creators’ copyrights of works of art on NFT. The type of research is normative legal research. The approaches used are statute approaches, conceptual approaches, and comparative approaches.  The legal materials used are all regulations regarding copyright that exist in Indonesia and The United States of America (USA). NFT is a copyright protection solution for creators of works of art in the digital era. Indonesia does not yet have a digital copyright act while the USA has a digital copyright act called the Digital Millennium Copyrights Act (DMCA) which is able to protect the copyrights of art creators in NFT.  In Indonesia, it has not yet been regulated regarding the prohibition of the importation of anti-circumvention devices, which has been handled in Chapter 1201 of the DMCA. Then there is also no regulation regarding the deletion of NFT content, which indicates violations in Indonesia, which has been regulated in USA.
Urgency of E-Commerce Act for Consumer Protection (Comparative Study in Indonesia, Singapore, and China) Cahyaningsih, Diana Tantri; Kharisma, Dona Budi; Agnjana, Goldwina Aphroditerri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4430

Abstract

This research aims to discover the problems of regulation of electronic commerce (e-commerce) in Indonesia, Singapore, and China with a focus on Indonesia. This study also intends to construct e-commerce legislation to promote the expansion of the digital economy in many nations. This study focuses on legal research. Comparative and legal approaches are utilized in the study process. The legal documents utilized are e-commerce laws in Indonesia, Singapore, and China. In pandemic era, Indonesian e-commerce transactions had climbed by 50.8% with transactions reaching IDR 401 trillion. However, fraud in online transactions is one of the most reported crimes. As many as 28.7% of cybercrimes originate from fraud. The number of fraud cases, transaction security, and weak protection of personal data consumers are still central issues. The Information and Electronic Transactions Act, as revised by Act Number 19/2016 does not explicitly regulate e-commerce. Compared to Singapore, it has a Casetrust to increase consumer confidence and is supported by the Electronic Transactions Act (ETA).  Personal Data Protection Act 2012 (PDPA). E-commerce Act of the People’s Republic of China is supported by Personal Information Protection Act of the People's Republic of China.  The Act aims to give some legal certainty and predictability to online businesses.
How to Regulate an illegal platform in P2P Lending? (Evidence From Indonesia and Global Approach) Suryono, Arief; Kharisma, Dona Budi; Wanda Yunitha Purba, Agata
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4444

Abstract

The aim of this studi is: (1) to scrutinize the legal predicaments pertaining to the governance of Peer-to-Peer (P2P) lending in Indonesia, by drawing comparisons with the regulatory frameworks of the United States and the United Kingdom, and (2) to devise the optimal legal mechanism for the regulation of P2P lending transactions. This study employs a normative legal research methodology utilizing comparative and legal approaches to investigate the regulatory frameworks for P2P lending in Indonesia, the United States, and the United Kingdom. The legal materials used in this study solely pertain to P2P lending regulations and were collected using library research techniques. The expansion of P2P lending in Indonesia has been impeded by the widespread prevalence of unlawful P2P lending practices. A comparative evaluation of the regulatory structures of the United States and the United Kingdom highlights that the insufficiency of regulatory measures has played a role in aggravating this issue. The UK's well-structured and comprehensive regulations, which provide robust protections, are worth emulating and implementing, especially considering that P2P lending in the UK is successful and dominates the European economic market. Meanwhile, the strict information disclosure and platform registration rules implemented in P2P lending in the United States are essential regulatory factors that the OJK should consider in its supervision of P2P lending in Indonesia.
Pyramid Scheme Crime: Problems and Oversight in Indonesia Heru Yuwono, Teguh Basuki; Kharisma, Dona Budi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5322

Abstract

Investment-based crimes in Indonesia are very high. Data from the Indonesian Financial Services Authority (OJK) in 2023 stated that the total value of public losses due to investment crimes from 2018 to 2022 reached IDR 126 trillion. Various models of investment crimes that are often carried out include illegal futures brokers, illegal investments, forex, and binary options carried out with pyramid schemes or Ponzi schemes. The data indicates that there are problems in handling crimes with pyramid schemes. This research is normative legal research that uses the statute approach method. The legal materials used include primary legal materials and secondary legal materials related to investment crimes. Based on the results of the study, it was found that there are various legal problems in handling crimes with pyramid schemes, including weaknesses in the formulation of regulations. The Trade Law still has limited reach both in terms of subjects and objects which can lead to weak law enforcement. Therefore, it is recommended for relevant stakeholders to reformulate the Trade Law that can accommodate broader subjects and objects.
The Application Of The Pacta Sunt Servanda Principle In Credit Agreement Disputes: A Study Of Putusan Pn Karanganyar Nomor 36/Pdt.G/2024/PN Krg. Yahman, Qoirul Abdul; Subekti, Rahayu; Kharisma, Dona Budi
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1598

Abstract

This study aims to analyze the application of the pacta sunt servanda principle in credit agreement disputes as decided in Putusan Pengadilan Negeri Karanganyar Nomor 36/Pdt.G/2024/PN Krg. The pacta sunt servanda principle is a fundamental principle in contract law which affirms that every agreement made legally is binding on the parties. However, in judicial practice, it is not uncommon for this pronciple to be tested when one party files a lawsuit to cancel the agreement for certain reasons. This study uses a normative juridical method with a legislative and case approach, through analysis of the Civil Code, contract law doctrine, and the judge's legal considerations in the relevant decision. The results of the study show that the application of the pacta sunt servanda principle is not absolute, but must be understood systematically with the principles of justice, propriety, and good faith. Court decisions show that judges have the authority to set aside the validity of an agreement if there is evidence of a defect of consent or a violation of the validity requirements of the agreement. Thus, the principle of pacta sunt servanda remains the main basis for assessing the validity of an agreement, but its application must take into account the balance of rights and obligations of the parties in order to achieve legal certainty that is fair
Co-Authors Adi Sulistiyono Agnjana, Goldwina Aphroditerri Agus Yudha Hernoko Albertus Sentot Sudarwanto, Albertus Sentot Arief Suryono Assidiqi, Imam Dzaki Hidayad Choiroel Anam Clevalda, Damasha Khoiri Dera Antika Kumalasari Diana Tantri Cahyaningsih Edi, Firman Erna Yuliandari Febrianty, Alifia Della Hanifah, Rokhmatun Hendri N, Muhammad Heru Yuwono, Teguh Basuki Jamal Wiwoho Khoirunnisa, Nabilah Mafaza, Ahmad Yunan Salsabilla Muhammad Azmi, Muhammad Muhammad Rivai Oktafiyana, Oktafiyana Prawitra Thalib Prayoga, Gadang Rabiatun Ramadani, Faizzah Rahayu Subekti Rana, Digvijay Singh S, Ruth Rize Paas Megahati Sabrina, Ruhil Anadiah Saptanti, Noor Sudirman Sudirman suraji suraji Tuhana Tuhana Wanda Yunitha Purba, Agata Wardhono, Dwi Tjahja K. Waspada, R. Jangkung Surya Yahman, Qoirul Abdul Yudho Taruno Muryanto