Syofyan Hadi
Faculty of Law, Universitas 17 Agustus 1945 Surabaya

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Digital Platform Power Play: Indonesian and European Union Law Perspective Hufron Hufron; Sultoni Fikri; Syofyan Hadi; Ievgenii Shulga; Agung Satryo Wibowo
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.13669

Abstract

Plenty aspect of human life across various regions, also Indonesia, utilizes electronic systems for a multitude of activities, and involving digital platforms. The concept of Digital Platform Powerplay is linked to the digital market and personal data protection. In Indonesia, the regulatory framework governing digital markets and personal data primarily relies on Law No. 11/2008 concerning Electronic Information and Transactions, which has undergone two amendments: Law No. 19/2016 amending Law No. 11/2008, and Law No. 1/2024 amending Law No. 11/2008 for the second time and Law No. 27/2022 concerning Personal Data Protection. As a implementation regulation Government Regulation No. 80/2019 concerning Electronic Commerce and Government Regulation No. 71/2019 concerning the Implementation of Electronic Systems and Transactions further elaborate on these regulations. These legal provisions are intended to provide legal certainty for users. It is essential to review all regulations related to electronic systems and digital platforms by comparing them with the regulatory frameworks in the European Union. The study addresses two primary issues: 1) the legal regulation of digital markets from the perspective of Indonesian positive law, and 2) the legal regulation of digital markets from the perspective of European Union law. This research employs normative legal research methodologies, utilizing both statutory and comparative approaches. The findings of this study suggest that Indonesia should consider adopting the European Union's Digital Markets Act and Personal Data Protection regulations by amending Law No. 11/2008 concerning Electronic Information and Transactions and its amendments, with particular emphasis on aspects related to Digital Platform Powerplay.
LEGAL RESPONSIBILITY OF GOODS/SERVICES PROVIDER FOR BUILDING FAILURE Tulus Yudi Widodo Wibowo; Syofyan Hadi
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 3 (2023): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i3.727

Abstract

Construction failure can be caused by a failure in the process of procuring goods or services, or it may occur during the construction process itself. Construction work failure refers to a condition where the results of construction work do not comply with the agreed work specifications in the construction work contract, either partially or entirely, due to the fault of the service user or service provider. The purpose of this study is to analyze the responsibility of goods/services providers in the event of a building failure and to examine the form of their responsibility in such cases. This study adopts a descriptive normative approach to answer questions regarding the responsibilities of goods/services providers in cases of building failures, as outlined in Legislation Number 18 of 1999 concerning Construction Services, which was renewed as Number 2 of 2017 Construction Services, Government Regulation Number 29 of 2000 concerning construction service providers, and regulations pertaining to the responsibilities of goods/services providers in the event of building failures, which include meeting the Standards for Security, Safety, Health, and Sustainability, undergoing inspection by a team of experts appointed directly by the Minister, and complying within a maximum period of 10 (ten) years from the final delivery of Construction Services. The responsibility of goods/services providers for building failures is based on the principle of Liability based on Fault and is administered through written warnings, administrative fines, temporary suspension of construction service activities, inclusion in the black list, and even suspension or revocation of permits.