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Technology and the Evolution of Civil Law: Implications of Cryptocurrency Transaction Regulation Fitrah Wahyuddin; Sudirman Sudirman; Wahyudi Umar
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.v23i1.3388

Abstract

This research investigates the regulatory implications of cryptocurrency transactions in the context of the evolution of civil law, including consumer protection, prevention of illegal activities, and maintenance of financial market integrity. The background of the research refers to the economic paradigm shift towards digital assets such as cryptocurrencies, which has changed the global financial transaction landscape. This research method involves a combined approach between civil law analysis, a literature study on blockchain technology, and a review of the latest regulations related to cryptocurrencies in Indonesia. The results show that the evolution of technology in cryptocurrencies has presented new challenges to conventional civil law. The unclear legal status of cryptocurrencies, security risks, and potential illegal use are significant concerns. The regulatory implications on cryptocurrency transactions in Indonesia illustrate the government's efforts to accommodate innovation while protecting the public interest. Some recommendations include a more collaborative approach between the government, the industry sector, and legal institutions to develop a regulatory framework that fits the characteristics of these technologies.
Inconsistencies & Problems of Supreme Court Decision No. 26 B/Pdt.Sus-Arbt/2014 concerning Annulment of Arbitration Award Zurisman Zakaria; Sudirman Sudirman; Wahyudi Umar
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.v23i1.4158

Abstract

Arbitration awards are usually considered an efficient and effective way to resolve business disputes. However, just like an award in a court, an arbitral award may also be annulled if it meets the requirements mentioned in Article   70 of the Arbitration Law. This study aims to analyze the inconsistencies of the Supreme Court decision No. 26/Pdt.Sus-Arbt/2014 which annulled the arbitral award.  This research uses normative legal research methods by applying a statutory law approach and a case approach. Based on the results of the study, there are inconsistencies in the Supreme Court decision No. 26/Pdt.Sus-Arbt/2014 which annulled the BANI arbitration award No. 442/I/ARB-BANI/2012 by considering factors outside the contents of article 70 of the Arbitration Law. Observing this phenomenon, it is important to add articles that provide guidance on the use of reasons outside the contents of article 70 of Law No. 30 of 1999 in the annulment of arbitral awards, with the aim of providing legal certainty.