Garuda - Garba Rujukan Digital

Bank Syariah Indonesia Gold Pawn Law in Denpasar, Bali I Kadek Semara Atmika; Wilma Silalahi
Journal of Social Research Vol. 2 No. 9 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i9.1273

This study aims to analyze the legal contract for Sharia gold pawn financing in an Islamic bank in Denpasar and explain the suitability of theory and practice that occurred in the field after the issuance of the fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN MUI) Number 26/DSN-MUI/III/2002 regarding Gold Rahn which was conveyed by the bank in the inauguration of the BSI Gold Pawn Halal Agreement. This study uses a qualitative descriptive-analytical research method in which the primary source is based on direct fieldwork by observing the phenomena that occur and processes in real terms, then analyzing the suitability between theory and practice in depth. This research shows that gold pawning at the Denpasar Indonesian Islamic Bank uses 3 contracts, namely qardh, rahn, and ijarah contracts. The implementation of gold mortgage financing is not fully by Sharia, because it is indicated that the usury in giving ujrah is taken according to the amount received by the customer. In the ijarah ujrah contract, it must be calculated from the estimated value, so that there is a discrepancy between theory and practice that occurs in the field. This documents the context of content analysis which is different from the DSN MUI fatwa No. 26/DSN-MUI/III/2002 concerning Gold Rahn, because, in a qardh contract, there is no addition to profit.

Analisis Tindakan Passing Off Terhadap Merek Terkenal (Well-Known Mark) dalam Perspektif Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis Dita Saraswati; Wilma Silalahi
Jurnal Hukum Lex Generalis Vol 5 No 4 (2024): Tema Hukum Perdata
Publisher : CV Rewang Rencang

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The trade of products bearing well-known marks often encounters various issues, primarily arising from acts of passing off perpetrated by business actors acting in bad faith. Well-known marks, which enjoy a strong reputation, are frequently exploited by irresponsible parties seeking to boost sales and profit from the unauthorized use of such marks. However, such practices can cause significant harm to the owners of well-known marks by misleading the public and damaging the reputation that the marks have painstakingly built over time. In this context, this legal research adopts a normative legal approach, also known as doctrinal legal research, which focuses on the study of literature and secondary legal materials, including both primary and secondary legal sources. Based on the findings of the research, the regulation of trademarks in Indonesia is clearly stipulated in Trademarks and Geographical Indications Act. One of the preventive measures to address acts of passing off against well-known marks is the registration of the mark through a formal application process, which grants legal protection to the mark in accordance with the provisions of Trademarks and Geographical Indications Act. With valid trademark registration, passing off actions against well-known marks can be deterred, as the registered marks enjoy stronger legal protection. Owners of registered well-known marks are entitled to file lawsuits in the Commercial Court against parties that use similar marks without authorization or legitimate rights, whether for goods or services of a similar nature or otherwise. This is aimed at safeguarding the interests of well-known mark owners from potential losses caused by trademark infringements. Lawsuits brought by the owners of well-known marks may include various legal claims, such as claims for damages and requests for injunctions to cease activities related to the trademark infringement. The conclusion of this research indicates that passing off arises from the bad faith of business actors who are solely focused on profit-seeking motives.

Evaluasi Efektivitas Danantara dalam Mendukung Pemerataan Ekonomi dan Reformasi Perekonomian Nasional Yudha Aditya Pradana; Wilma Silalahi
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.976

This study evaluates the effectiveness of Danantara, Indonesia’s Sovereign Wealth Fund, in promoting economic equity and supporting national economic reform. Established under Law No. 1 of 2025, Danantara is designed as a strategic investment institution tasked with optimizing state assets through a legal-administrative investment framework. Drawing inspiration from international models such as Temasek Holdings and Khazanah Nasional, Danantara adopts a broader mandate by consolidating state assets and enhancing inter-agency synergy. Through a normative juridical approach supported by statute, conceptual, and case-based methods, this research reveals that Danantara plays a significant role in broadening access to economic resources—particularly for MSMEs—and improving the transparency, efficiency, and sustainability of state asset management. The digitalization of assets has transformed them into active instruments of economic growth, contributing directly to job creation, regional development, and improved competitiveness in strategic sectors such as infrastructure, energy, and logistics. Despite these achievements, challenges persist in regulatory harmonization, institutional coordination, and digital infrastructure—especially in underdeveloped regions. The success of Danantara relies on strong legal oversight, adaptive policies, professional management, and continuous monitoring. The study concludes that while Danantara has demonstrated promising results in fostering inclusive growth, sustained regulatory support and cross-sector collaboration are essential to maximize its transformative potential in Indonesia’s evolving economic landscape.

Analisis Hukum terhadap Dominasi Ekonomi Digital: Potensi Monopoli oleh Danantara sebagai Holding BUMN Digital Muhammad Wildan Ichsandi; Wilma Silalahi
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.1009

This study aims to analyze the potential monopoly practices of Danantara as Indonesia’s state-owned digital superholding from the perspective of competition law. The research method employed is normative juridical, using statutory and secondary legal sources. The formation of Danantara as the primary manager of major SOE assets risks creating market dominance and hindering fair competition. The excessive concentration of economic power may reduce competitiveness and limit market access for private actors, potentially violating principles of justice and legal certainty. Although Danantara aims to accelerate economic growth and redistribute wealth, its ownership structure and weak oversight mechanisms raise public concerns over potential corruption and mismanagement. Law No. 5 of 1999 on the Prohibition of Monopolistic Practices serves as a crucial tool to assess the legality of such dominance. Therefore, legal structuring and oversight must be implemented transparently and accountably to prevent market distortion. In conclusion, the government must establish clear authority limits and strengthen regulatory supervision to ensure Danantara’s strategic role aligns with fair competition principles.

Urgensi Perlindungan Data Pribadi dalam Sektor Perbankan di Era Digital Muhammad Wildan Ichsandi; Wilma Silalahi
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

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The advancement of digital technology has posed new challenges in personal data protection, especially in the banking sector where sensitivity and trust are crucial. With increasing reliance on digital financial services, personal data has become highly vulnerable to misuse. Public trust in banking institutions depends on their commitment to safeguarding the confidentiality and security of customer data. Existing regulations, though evolving, have not yet fully addressed the growing threat of cybercrime. This study aims to examine the urgency of legal protection for personal data in the banking sector in the digital era. The research uses a normative juridical method with statutory and literature approaches. Findings show that although various laws such as the Indonesian Electronic Information and Transactions Law, the Personal Data Protection Law, and Financial Services Authority regulations exist, their implementation still faces major obstacles, particularly in supervision, sanctions, and technological safeguards. The principles of trust and confidentiality form the basis of bank-customer relationships, yet are often not supported by adequate digital protection systems. Integration between national legal norms and international standards, such as the APEC Privacy Framework, is essential to enhance data security. Therefore, government and financial authorities must strengthen cybersecurity systems, clarify legal consequences for violations, and ensure full compliance with data protection principles to build customer trust and maintain financial system stability.

Reformasi Ekonomi Melalui Bursa: Peran Strategis Danantara di Pasar Saham Bok Rok Su; Wilma Silalahi
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

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This study aims to analyze the strategic role of Danantara in supporting economic reform through its participation in the Indonesian stock market. In the digital economy era, strengthening the capital market is a crucial component to accelerating inclusive and sustainable economic growth. Danantara, as an entity that integrates technology and finance, holds significant potential in accelerating the transformation of the economic structure by enhancing the investment ecosystem. The research methodology employs a qualitative-descriptive approach through literature review, participatory observation, and in-depth interviews with capital market industry players and Danantara’s management. The results indicate that Danantara acts as a bridge between retail investors and the small-to-medium business sector by providing a platform that expands access and transparency in stock trading. Moreover, Danantara contributes to economic reform by improving financial literacy and encouraging broader public participation in the capital market. This role directly strengthens national financial stability and promotes economic equity. However, challenges remain in the form of regulation, technological infrastructure, and cross-sectoral integration, which require further development. Thus, Danantara’s involvement in the stock exchange not only impacts market dynamics but also serves as a key element in a national economic reform agenda that is more modern and adaptive to technological advancements.

Diskresi Sebagai Instrumen Penegakan Hukum: Kajian terhadap Kewenangan Kepolisian Berdasarkan UU Kepolisian Doni Hafendi; Wilma Silalahi
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

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This study examines the authority of discretion as an instrument of law enforcement by the Indonesian National Police within the context of the national legal system. Discretion is understood as a legal policy that allows public officials, including law enforcement officers, to act beyond written normative provisions in certain situations, while still upholding the principles of legality, accountability, and human rights protection. This research employs a normative juridical method with a statutory and conceptual approach, and is analyzed descriptively and qualitatively. Based on Law Number 2 of 2002 concerning the Police, discretion is acknowledged through several provisions, such as Articles 15, 16, and 18, which provide the police with space to take responsible legal actions in maintaining security and public order. The study highlights the importance of legal and ethical boundaries in the exercise of discretion to prevent overreach and avoid abuse of power. Discretion is also described as a response to legal loopholes, normative ambiguities, and emergency situations that demand swift action. The main findings indicate that although discretion is necessary in law enforcement practices, without strict supervision and clear guidelines, it has the potential to result in violations of citizens' constitutional rights. Therefore, the formulation and revision of legal policies, as well as the strengthening of oversight mechanisms, are essential to ensure that the use of police discretion remains within the framework of a democratic rule of law.

Kepastian Hukum dalam Praktik Judi Online Muhammad Yogi Septiyan Priyono; Wilma Silalahi
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

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This research aims to analyse the legal certainty in online gambling practices. to prevent online gambling practices from the technology and social media sectors, as well as the dangers of online gambling practices. In addition, this research also identifies prevention efforts in online gambling practices and legal efforts against the government in online gambling practices as well as legal measures to prevent and overcome online gambling practices. The method used in this research is normative juridical, with a qualitative analysis approach to relevant legislation. The results of this study show that legal certainty in the practice of online gambling is very important in the process of preventing and overcoming online gambling so that people are aware of the dangers of online gambling and can have a bad impact on themselves. In addition to losing money, work, and family.

Tinjauan Yuridis terhadap Reformasi Hukum Acara Penyidikan di Indonesia Erick Darmansyah; Wilma Silalahi
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

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The national criminal law reform, marked by the enactment of Law Number 1 of 2023 in Criminal Code, brings fundamental changes to Indonesia's criminal justice system, including in the legal aspects of investigation procedures. Previously regulated separately in the Criminal Procedure Code, investigations are now addressed in the new Criminal Code through several provisions governing the early stages of criminal law enforcement. This study aims to examine the legal normative changes related to investigations, analyze the differences between the old and new Criminal Code provisions, and assess their implications for Indonesia's criminal justice system. The research method used is normative legal research with legislative and comparative law approaches. The findings indicate that the new Criminal Code introduces a fresh perspective on the investigator's role, the initiation of prosecution, and the reinforcement of restorative justice principles. However, overlapping norms between the Criminal Code and the Criminal Procedure Code remain a serious issue that must be addressed through more comprehensive criminal procedural reforms.

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