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Journal : Ipso Jure

Legal Protection Of Consumer Data Of E-Commerce Dedi Hermawanto; Bachrul Amiq; Subekti Subekti
Ipso Jure Vol. 1 No. 11 (2024): Ipso Jure - December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/sa0j1d24

Abstract

This research will explore the use of technology so that it can strengthen the legal system in Indonesia and examine best legal practices in various countries to improve consumer data protection in e-commerce. Consumer protection legal research is increasingly urgent given the risks that continue to evolve and have a significant impact on consumers. The formulation of this research problem is: 1) How is the protection of business civil law in providing protection for consumers related to the misuse of consumer personal data in e-commerce transactions? 2) What are the legal actions against the misuse of consumer data in e-commerce? This thesis research uses normative legal types on consumer protection and misuse of personal data while also researching legal aspects that regulate consumer rights and the protection of unauthorized users. The results of the study show that the protection of consumers' personal data in e-commerce transactions in Indonesia is regulated by various laws and regulations, which are relevant to the civil law aspects of business. Cases of misuse of consumer data in e-commerce have encouraged increased awareness of the importance of protecting consumer rights in civil relations between consumers and business actors.
Juridical Analysis of the Application of Reverse Proof in Corruption Cases Edi Bagus Waluyo Yuda Teguh Rahayu; Dudik Djaja Sidarta; Subekti Subekti
Ipso Jure Vol. 2 No. 12 (2026): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/3cpq5e41

Abstract

This article discusses the juridical construction and implications of applying reverse burden of proof in corruption cases in Indonesia, with emphasis on its relation to the principle of legality and the presumption of innocence as fundamental principles in criminal law. The application of reverse burden of proof as regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 has sparked juridical debate regarding the extent to which this mechanism can be accepted within the framework of a rule-of-law state that upholds the principles of a fair trial and the protection of citizens' constitutional rights. Through a normative juridical research method, this article examines the normative tensions that arise when reverse burden of proof is confronted with the principle of non-self-incrimination and the concept of unlawful acts as essential elements in corruption crimes. The analysis results indicate that reverse burden of proof has a legitimate basis as an effort to combat corruption, which is considered an extraordinary crime, but its use must be positioned as a right, not an obligation of the defendant. Furthermore, its application cannot replace the state's duty to legally prove the elements of a criminal act, particularly the element of unlawfulness. Thus, the reverse burden of proof mechanism must be understood as a limited and balanced evidentiary strategy, to ensure that the judicial process remains within constitutional boundaries.