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All Journal Jurnal Legalitas Jurnal Komunikasi Hukum Ganesha Law Review Journal of Judicial Review
Ninne Zahara Silviani
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Law, Crime, Criminology & Criminal Justice

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Sociology Of Law And The Effectivity Of Asean To Prevent Human Security Issues In The Region Triana Dewi Seroja; Ninne Zahara Silviani
Jurnal Legalitas Vol 15, No 1 (2022)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (33.864 KB) | DOI: 10.33756/jelta.v15i1.15349

Abstract

Currently there are no indicators that can measure the effectiveness of the role of ASEAN in Southeast Asia, especially those related to human security issues in the safety of labor and migrants’ mobilization. However, ASEAN still working through any possibilities of cooperation to prevent any threats that would endanger the personal securities of ASEAN community. This paper will further analyze the human security issues in Southeast Asia starting with conceptualizing, identifying, and engaging to find how is the effectivity of ASEAN in charge of prevent human security issues from sociology of law perspective with normative-juridical methodology combined with perspective of international relation approach. Based on the findings in conceptual and data, this research will show the problems that have been handled and have not been done by ASEAN institutionally. In addition to showing the relevance of the establishment of ASEAN Political-Security Community (APSC) 2015 as an affirmation for all ASEAN member countries to respond to institutional human security issues especially in the mobilization of labor and migrants.
ENHANCING CONSUMER PROTECTION IN INDONESIA’S FINTECH INDUSTRY: SAFEGUARDING THE RIGHTS OF FINTECH SERVICE USERS Ninne Zahara Silviani; Jeslyn Teo
Ganesha Law Review Vol 5 No 1 (2023): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

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Abstract

Indonesia, a developed nation, is currently emphasizing its developmental efforts, particularly in the economic sphere. Given that financial resources are not evenly distributed among the Indonesian population across all levels and regions, financial institutions play a crucial role in bolstering the country's economic resilience. Banks, in particular, provide loans to individuals in need of quick funds, addressing society's economic requirements more equitably. With the advancement of technology, the financial sector has undergone a transformation towards digitalization. In this study, a normative method is employed to examine the vertical and horizontal aspects encompassing laws and regulations. The focus is on the legal protection extended to users of online loan services, aiming to identify the safeguards available for consumers utilizing such services. The government, in its commitment to safeguard the Indonesian population residing in the digital realm, particularly in the financial sector where information technology is utilized, has implemented several regulations. Notable among these are the Financial Services Authority Regulation Number 77/POJK.01/2016, the Information and Electronic Transactions (ITE) Law, the Personal Data Protection Law, and the Consumer Protection Law. Given the inherent significance of personal data in the digital world, it becomes crucial to protect it as it forms an integral part of an individual's legal identity. Any misuse of personal data by irresponsible parties infringes upon an individual's rights as a legal subject.
Legal Protection Against Human Trafficking: A Dilemma in Indonesia and the ASEAN Region Tampubolon, Theresia; Tan, Winsherly; Ninne Zahara Silviani
Journal of Judicial Review Vol. 27 No. 1 (2025): June 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i1.10395

Abstract

Human trafficking remains a major humanitarian crime problem worldwide. Indonesia has made efforts to combat human trafficking by establishing various regulations that serve as the main foundation in this fight, one of which is Law No. 21 of 2007. The framers of the law used the Palermo Protocol as the foundation for its creation. As a transnational crime, human trafficking has also prompted ASEAN, as a regional organization, to take a stand. Since the 1990s, ASEAN has included human trafficking in its agenda to be collectively eradicated. However, human trafficking practices in Indonesia and ASEAN continue to increase, with various methods of operation. Unfortunately, the majority of the victims of this crime are women and children. This article aims to examine the formalization of national law and ASEAN's role at the regional level in combating human trafficking within the framework of international law. This research employs a normative legal approach. The findings indicate a disconnection between national regulations and the fundamental norms upon which they were based, as well as disharmony with other national regulations. Meanwhile, in the ASEAN context, the formation of hard law has not yet been fully implemented, a situation further compounded by the rigid principle of non-intervention in ASEAN.
PROGRESSIVE AND DIVERSION PROCESS: PROTECTION RULE AND ENFORCEMENT OF THE JUVENILLE JUSTICE Junimart Girsang; Ninne Zahara Silviani
Jurnal Komunikasi Hukum Vol 8 No 1 (2022): Februari
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i1.47832

Abstract

The implementation of juvenile justice with a progressive legal approach deserves to be used in child law enforcement because it prioritizes the interests of child protection. The relevance of progressive law enforcement to the juvenile justice system in Indonesia rests on the objectives of the juvenile justice system and the existence of rules for arrest, detention, and sentencing of crimes as an effort and form of sanctions against children, which can be in the form of treatment placed in the juvenile justice constitution. This research uses the juridical-normative method, namely legal analysis conducted by reviewing library materials or secondary data, and the data will be analysed through qualitative methods. This study aims to make law enforcers apply progressive law maximally in law enforcement of juvenile justice. The results of this study indicate that law enforcement for juvenile criminal justice in Indonesia is generally still far from the will of law enforcement with a progressive legal approach, and diversion is the right way to decide child criminal cases.
Co-Authors Jeslyn Teo Junimart Girsang Tampubolon, Theresia Tan, Winsherly Triana Dewi Seroja