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All Journal JURNAL HUKUM Media Iuris
Raden Besse Kartoningrat
Universitas Wijaya Kusuma Surabaya
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Principles of Statutory Duty and Fiduciary Duty in The Responsibility of The Bankruptcy Curator Raden Besse Kartoningrat; Edi Krisharyanto
Media Iuris Vol. 6 No. 2 (2023): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v6i2.37738

Abstract

AbstractThe curator is a subject of Bankruptcy Law who has complete authority and responsibility for managing and resolving the bankruptcy estate. Curators are required to have integrity and are prohibited from having conflicts of interest with their duties and authorities. The issue raised in this study is the application of the principles of statutory duty and fiduciary duty in the responsibility of the bankruptcy curator. This study aims to identify, understand, and analyze bankruptcy law regarding the curator’s responsibility based on the principles of statutory duty and fiduciary duty. This study employed a normative method by examining the consideration materials to conclude. The results of the analysis in this study indicate that in carrying out the duties of managing and settling, the curator must comply with the principles of statutory duty and fiduciary duty as regulated in Law Number 37 of 2004 on Bankruptcy and Postponement of Debt Payment Obligations and the code of ethics of the curator profession. The curator’s actions that can harm the parties, whether creditors or bankrupt debtors, can be personally accounted for outside the bankruptcy estate by imposing civil, criminal, or administrative sanctions. Keywords: Halal Tourist; Additional Service; Local Economy.
Toward a Victim-Oriented Digital Justice Model: Legal Protection for Personal Data Misuse Under the Personal Data Protection Law Nur Khalimatus Sa’diyah; Raden Besse Kartoningrat; Umi Enggarsasi
Jurnal Hukum Vol 42, No 2 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i2.48829

Abstract

This study examines legal protection for victims of personal data misuse in Indonesia within the context of Society 5.0 by addressing three objectives: analyzing existing legal protections under the Personal Data Protection (PDP) Law, identifying gaps between normative regulation and law enforcement practice, and formulating a victim-oriented digital justice model. Using a normative and conceptual approach, this study analyzes Law Number 27 of 2022 and related regulations through qualitative descriptive methods. The findings reveal significant structural weaknesses in Indonesia’s personal data protection regime. Normatively, the PDP Law has not explicitly positioned victims as rights-bearing subjects entitled to restitution, compensation, and digital rehabilitation. Practically, enforcement remains compliance-oriented, relying heavily on administrative sanctions while neglecting victims’ access to justice, redress, and recovery. Institutional fragmentation, limited evidentiary access, and the absence of an independent data protection authority further weaken victim protection. This study proposes a victim-oriented digital justice model that integrates rights-based enforcement, restorative justice principles, and international human rights standards, particularly the UN Basic Principles on Remedy and Reparation. The model emphasizes legal recognition of victims, effective access to justice, and comprehensive redress mechanisms to ensure meaningful protection and restoration of victims’ rights in the digital era.
Co-Authors Krisharyanto, Edi Nur Khalimatus Sa’diyah Umi Enggarsasi