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All Journal Awang Long Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal hukum IUS PUBLICUM International Journal of Health, Economics, and Social Sciences (IJHESS) Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan SIGn Journal of Social Science Jurnal Pengabdian Papua Journal of Law, Poliitic and Humanities The Easta Journal Law and Human Rights West Science Law and Human Rights Rechtsnormen Journal of Law Nanggroe: Journal of Scholarly Service GEMBIRA (Pengabdian Kepada Masyarakat) Jurnal Pengabdian Masyarakat dan Riset Pendidikan Jurnal Hukum dan Keadilan Jurnal Pengabdian UMKM EBAMUKAI; JURNAL PENGABDIAN ILMU PENGETAHUAN DAN TEKNOLOGI
Silvester Magnus Loogman Palit
Fakultas Hukum Universitas Cenderawasih
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Physics Public Health Social Sciences Other

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Effectiveness of Criminal Law Enforcement against Corporations: Procedural Analysis and Mechanisms of Cross Country Criminal Justice Tumian Lian Daya Purba; Silvester Magnus Loogman Palit
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6412

Abstract

Corporations as legal entities play a significant role in social, economic, and political dynamics. Alongside the increasing incidence of corporate crimes, the recognition of corporations as subjects of criminal law has become crucial. This study examines corporations as subjects of criminal law through a comparative analysis of Indonesia, the United States, and the Netherlands. The primary focus is on the differences in the concept of corporate criminal liability and the legal models applied. The research employs a normative juridical approach with a comparative study method. The findings reveal fundamental differences in the application of corporate criminal liability across the three countries, particularly regarding principles and forms of liability. The United States implements a more stringent principle of vicarious liability, the Netherlands has specific provisions in its Criminal Code (Wetboek van Strafrecht) that comprehensively accommodate corporate liability, whereas Indonesia still adopts a sectoral approach and lacks an integrated system. This study is expected to contribute to the strengthening of corporate criminal law policy in Indonesia.
LEGAL ASPECTS OF OPEN BANKING AND CUSTOMER DATA PROTECTION IN THE DIGITAL ERA Hendrik Reba, William; Magnus Loogman Palit, Silvester; Lian Daya Purba, Tumian; Edbert Reba, Jeremy
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 5 No. 1 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v5i1.4161

Abstract

Open banking represents a transformative innovation in the financial sector, enabling the secure exchange of customer financial data between banks and third-party service providers through Application Programming Interfaces (APIs). This study examines the legal framework governing open banking and personal data protection in Indonesia, emphasizing its alignment with key legal theories — namely, the Theory of Legal Protection, Theory of Justice, Theory of Legal Certainty, and Theory of Responsive Law. Employing a normative juridical method, this research analyzes statutory instruments, legal doctrines, and comparative regulations, particularly drawing insights from the European Union’s Payment Services Directive 2 (PSD2) and General Data Protection Regulation (GDPR). The findings reveal that Indonesia’s regulatory foundation — primarily based on the Personal Data Protection Law (Law No. 27 of 2022) and financial sector regulations issued by Bank Indonesia and the OJK — provides an essential starting point but remains fragmented and limited in enforcement. Major gaps exist in preventive and repressive protection, liability allocation, and technical standardization for data security. Integrating classical legal theories with core banking principles such as prudence, transparency, accountability, and consumer protection underscores the need for a responsive, principle-based regulatory model. This study concludes that Indonesia must strengthen its regulatory framework through detailed implementing regulations, adaptive governance mechanisms, and cross-institutional coordination to achieve a balance between innovation and data protection in the era of digital finance.
DIGITAL BANKS IN THE INDONESIAN BANKING SYSTEM: A POST-POJK NO. 12/POJK.03/2021 STUDY Palit, Silvester Magnus Loogman; Purba, Tumian Lian Daya
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1804

Abstract

The transformation of digital banking in Indonesia is driven by technological advances and the need for efficiency, but its implementation raises issues of legal certainty and consumer protection following the issuance of POJK No. 12/POJK.03/2021. This study uses a normative juridical method with legislative, conceptual, and limited comparative approaches to assess the adequacy of regulations related to definitions, licensing, supervision, cybersecurity, and sanction regimes. The analysis is reinforced by comparisons with the European Union's Digital Operational Resilience Act (DORA) and the Monetary Authority of Singapore's Technology Risk Management (TRM) Guidelines. The results show that although POJK has provided formal legitimacy and established risk management prerequisites, the regulations are still declarative in nature in terms of data protection and have not set minimum technical standards such as encryption, multi-factor authentication, security audits, penetration testing, and incident reporting deadlines. The absence of technical compliance indicators and lines of legal accountability creates the potential for irregularities in the implementation of data protection. The discussion highlights the limitations of supervision, the potential for a digital divide, and the weak deterrent effect of administrative sanctions. It is concluded that strengthening regulations through integration with the Personal Data Protection Law, establishing prescriptive technical standards, regulating third-party risks, and inter-agency coordination are necessary to create a more adaptive and accountable digital banking ecosystem.
Informed Consent in Medical Practice: A Reconstruction of the Concept of Consent to Medical Procedures from Legal and Bioethical Perspectives Desy Kartika Ningsih; Yudhi Hertanto; Anna Veronica Pont; Silvester Magnus Loogman Palit; Tumian Lian Daya Purba
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3158

Abstract

The reform of Indonesia’s criminal law through the enactment of the National Criminal Code (Law Number 1 of 2023) signifies a fundamental transformation in the orientation of sentencing objectives. This shift reflects a transition from a retributive approach, which primarily emphasizes punishment of offenders, toward a more humanistic and restorative justice–oriented paradigm. This article aims to critically examine the reorientation of sentencing purposes within the National Criminal Code and its implications for the criminal justice system in Indonesia. This study employs a normative juridical method, utilizing both statutory and conceptual approaches, by analyzing relevant legal regulations and scholarly literature. The findings reveal that the objectives of sentencing under the National Criminal Code are no longer confined to the imposition of penalties, but also encompass crime prevention, offender rehabilitation, victim restoration, and social reintegration. This humanistic approach positions individuals as the central focus of criminal law, striving to balance the interests of offenders, victims, and society. Therefore, this reform is expected to foster a more equitable, responsive, and humane criminal justice system.
Whistleblower Protection Models in Corruption Cases: A Legal Analysis of Reporting Mechanisms and Whistleblower Safety Purba, Tumian Lian Daya; Loogman Palit, Silvester Magnus
West Science Law and Human Rights Vol. 4 No. 02 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i02.2774

Abstract

Whistleblowers play a crucial role in exposing corruption, yet their effectiveness is often constrained by inadequate legal protection and ineffective reporting mechanisms. This study aims to analyze whistleblower protection models in corruption cases through a normative legal approach, focusing on the relationship between reporting systems and whistleblower safety. The research utilizes statutory, conceptual, and comparative approaches by examining legal instruments, doctrines, and best practices across jurisdictions. The findings reveal that although many legal systems have established formal whistleblower protection frameworks, significant gaps remain in their implementation, particularly in ensuring confidentiality, protection against retaliation, and access to reliable reporting channels. The effectiveness of whistleblowing systems is largely determined by the availability of secure, independent, and accessible reporting mechanisms, as well as the strength of institutional support and enforcement. Furthermore, whistleblower safety requires not only legal guarantees but also practical measures such as witness protection, psychological support, and financial safeguards. The study concludes that an integrated protection model—combining comprehensive legal frameworks, effective reporting mechanisms, and robust institutional coordination—is essential to enhance whistleblower participation and strengthen anti-corruption efforts.
Climate Lawsuits and the Justiciability of the Right to a Clean and Healthy Environment: Trends in Judicial Practice in Indonesia Loogman Palit, Silvester Magnus; Daya Purba, Tumian Lian; Reba, William Hendrik
West Science Law and Human Rights Vol. 4 No. 02 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i02.2779

Abstract

This study examines the development of climate litigation in Indonesia and its implications for the justiciability of the right to a clean and healthy environment. Using a normative legal approach, the research analyzes constitutional provisions, statutory regulations, and judicial decisions to evaluate how Indonesian courts interpret and enforce environmental rights in the context of climate change. The study finds that although the right to a clean and healthy environment is explicitly recognized in Article 28H(1) of the Constitution of the Republic of Indonesia 1945 and further supported by environmental legislation, its judicial enforcement remains inconsistent. Key challenges include limitations in legal standing, difficulties in establishing causation, and judicial reluctance to intervene in policy-related matters. Nevertheless, emerging judicial trends indicate a gradual shift toward more progressive interpretations, including the application of precautionary principles and broader recognition of environmental harm. This study concludes that strengthening legal frameworks, enhancing judicial capacity, and integrating climate-specific norms are essential to improving the enforceability of environmental rights. The findings contribute to the discourse on environmental constitutionalism and climate justice, particularly in developing country contexts.
Juridical Analysis of the Business Competition of Minimarket Franchises in Jayapura City Krey, Thresia Hilda Mathelda Yenkase; Palit, Silvester Magnus Loogman; Senandi, Winna Amelia Alfrida
SIGn Journal of Social Science Vol 6 No 2: Desember 2025 - Mei 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjss.v6i2.667

Abstract

The massive expansion of minimarket franchises in Jayapura City triggers structural inequality, threatening the existence of local business actors, and thus demands a holistic synchronization of business competition law. This research aims to examine the synchronization of spatial planning and minimarket licensing zoning regulations, and to analyze the legal protection of construction through a partnership scheme based on Jayapura Municipal Regulation Number 10 of 2018. Utilising a normative juridical research method with a statutory and conceptual approach, this study examines the legal vagueness in regional regulations and the weakness of supervision of private law instruments. The analysis indicates that zoning enforcement operates suboptimally due to the limited coercive power of administrative sanctions, which corporations frequently view as mere operational risks. In the dimension of partnership protection, the phrase “prioritizing local merchants” in the regional regulation is identified as a vague norm that triggers tokenism and perpetuates the abuse of circumstances (misbruik van omstandigheden) in standard agreement drafts. In conclusion, legal protection for local merchants remains vulnerable due to the lack of integration between public spatial planning compliance and private contractual justice. Therefore, this research recommends the issuance of a Mayoral Regulation to stipulate a quantitative percentage for local product absorption in the People-Owned Stores program, and the establishment of a regional task force to audit and cancel exploitative business agreement clauses.
Co-Authors ABDI SUDIATMIKA, I PUTU GEDE Anna Veronica Pont Deppa Ringgi Desy Kartika Ningsih Dwiatmanto Dwiatmanto Edbert Reba, Jeremy Eddy - Pelupessy Fakhriah, Syahriati Farida Kaplele, Farida Firmansyah Firmansyah Herry M. Polontoh Hotlarisda Girsang James Yoseph Palenewen Ketaren, Dahliana Krey, Thresia Hilda M.Y. Krey, Thresia Hilda Mathelda Yenkase Kristina Sawen Lia Fadjriani Lily Bauw Maria Alberta Liza Quintarti Novana Veronica Julenta Kareth Nur Asmarani Nurul Huda Pelupessy, Berd Elkiopas Pelupessy, Sella Petrix pondayar, yustus Razak, Faisal Rehabeam Mofu Ringgi, Deppa Rongalaha, Johan Senandi, Winna Amelia Alfrida Suarni S. Tanati, Daniel tanjung, rona Tora Yuliana Tri yanuaria Tumian Lian Daya Purba Wiliam Reba William Hendrik Reba Wiratama, Febri Wulandari S, Lestari Yudhi Hertanto Zaki, Amin