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All Journal Jurnal Indonesia Sosial Sains Jurnal Multidisiplin Borobudur Jurnal Hukum Mimbar Justitia
Indah Kusuma Wardhani
Universitas Borobudur
Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Energy Engineering Environmental Science Health Professions Immunology & microbiology Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Social Sciences

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Perlindungan Hukum Pemegang Hak Cipta Program Komputer (Studi Kasus Putusan Nomor 60/Pdt.Sus-HakCipta/2020/PN.Niaga.Jkt.Pst) Raden Farrel Dharma Osmar; Indah Kusuma Wardhani
Jurnal Multidisiplin Borobudur Vol. 1 No. 2 (2023): Edisi Khusus
Publisher : Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/jmb.v1i2.1299

Abstract

In this modern era, society cannot be separated from technology because they always create new creations from technology, including computer programs. However, many cases of copyright infringement on computer programs have caused losses to creators and copyright holders. Based on this, this research will analyze Decision Number 60/Pdt.SusHakCipta/2020/ PN.Niaga.Jkt.Pst. related to the legal protection of Telkom as the copyright holder of the computer program and the legal power of recording the copyright of the computer program carried out by Iman Fauzan Syarief. The research method used in this research is normative juridical. The results of the research show that Telkom has received legal protection based on Article 33 paragraph (1) jo. Article 34 jo. Article 1 point 4 of Law Number 28 of 2014 concerning Copyright because Telkom is the creator and the true Copyright holder for a computer program in the form of the CXM application. The legal power of recording Copyright on a computer program carried out by Iman Fauzan Syarief is deleted based on Article 74 paragraph (1) of Law Number 28 of 2014 concerning Copyright.
Efektivitas Pelaksanaan Bantuan Hukum bagi Masyarakat Kurang Mampu oleh Lembaga Bantuan Hukum Jakarta Fauzan Fadly Somar; Megawati Barthos; Indah Kusuma Wardhani
Jurnal Multidisiplin Borobudur Vol. 1 No. 2 (2023): Edisi Khusus
Publisher : Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/jmb.v1i2.1300

Abstract

The enactment of Law Number 16 of 2011 concerning Legal Aid has become the basis for the state to guarantee its citizens, especially the poor, to get access to justice and equality before the law. However, the provision of legal aid has not touched the poor much so that they have difficulty accessing justice. Therefore, this study will discuss the effectiveness of the implementation of legal aid for the poor by LBH Jakarta. The method used in this research is normative juridical and empirical juridical. The results of the study show that the implementation of legal aid for the poor by LBH Jakarta is still ineffective due to limited human resources, where the number of public lawyers is very small which is not proportional to the large number of cases that must be handled each year. This has resulted in not all cases being handled directly by public lawyers at LBH Jakarta.
Criminal Law Enforcement in The Financial Services Sector in Case of Insurance Companies That Have Defaulted Indah Kusuma Wardhani
Jurnal Indonesia Sosial Sains Vol. 5 No. 03 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i03.1030

Abstract

At this time, many cases of insurance companies have defaulted so that policyholders have difficulty getting compensation payments when an uncertain event occurs. Moreover, this default case occurs in large insurance companies which makes public trust in insurance companies reduced. Of these various cases, one of the causes is the weak supervision and law enforcement in the financial services sector carried out by the Financial Services Authority (OJK). The purpose of this study is to analyze the enforcement of criminal acts in the financial services sector in the case of insurance companies that have defaulted. This research is normative juridical research that examines positive legal norms that apply in the form of laws and regulations regarding criminal acts in the financial services sector. This research is expected to provide input to OJK to immediately make improvements to the legal structure and legal culture in criminal law enforcement in the financial services sector to protect policyholders, create a healthy insurance company, and restore public trust in the insurance industry in Indonesia. In normative juridical research, the data studied are only secondary data that include primary, secondary, and tertiary legal materials. The results showed that law enforcement of criminal acts in the financial services sector in the case of insurance companies that defaulted could not be optimal due to the limited number of OJK investigator personnel, lack of knowledge and technical skills regarding criminal investigations in the financial services sector, lack of facilities, infrastructure, and funds, as well as low legal culture from insurance company managers, OJK investigators, and the public.
PERLINDUNGAN HUKUM BAGI PEMBERI PINJAMAN ATAS RISIKO KREDIT DALAM PELAKSANAAN PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI (PEER TO PEER LENDING) Indah Kusuma Wardhani; Fawzia Apriandini
Jurnal Hukum Mimbar Justitia Vol 6, No 2 (2020): Published 30 Desember 2020
Publisher : Universitas Suryakancana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35194/jhmj.v6i2.1268

Abstract

The fastest growing financial technology (fintech) in Indonesia is peer to peer lending, where customers could obtain loans in a simple, easy, and fast way, yet without collateral. However, in practice, peer to peer lending has a very high credit risk because the ability of fintech companies in assessing prospective loan recipients is not as good as other financial institutions. Therefore, preventive and repressive legal protection are needed, especially for lenders, which are regulated in OJK Regulation Number 77/POJK.01/2016 concerning the Implementation of Information Technology-Based Lending and Borrowing and OJK Regulation Number 1/POJK.07/2013 concerning Consumers’ Protection in Financial Services Sector. With the two OJK Regulations, lenders have received sufficient legal protection, but it must be further strengthened, especially in terms of credit risk mitigation.Keywords: Legal Protection for Lenders, Peer To Peer Lending, Credit Risk
Criminal Law Enforcement in The Financial Services Sector in Case of Insurance Companies That Have Defaulted Indah Kusuma Wardhani
Jurnal Indonesia Sosial Sains Vol. 5 No. 03 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i03.1030

Abstract

At this time, many cases of insurance companies have defaulted so that policyholders have difficulty getting compensation payments when an uncertain event occurs. Moreover, this default case occurs in large insurance companies which makes public trust in insurance companies reduced. Of these various cases, one of the causes is the weak supervision and law enforcement in the financial services sector carried out by the Financial Services Authority (OJK). The purpose of this study is to analyze the enforcement of criminal acts in the financial services sector in the case of insurance companies that have defaulted. This research is normative juridical research that examines positive legal norms that apply in the form of laws and regulations regarding criminal acts in the financial services sector. This research is expected to provide input to OJK to immediately make improvements to the legal structure and legal culture in criminal law enforcement in the financial services sector to protect policyholders, create a healthy insurance company, and restore public trust in the insurance industry in Indonesia. In normative juridical research, the data studied are only secondary data that include primary, secondary, and tertiary legal materials. The results showed that law enforcement of criminal acts in the financial services sector in the case of insurance companies that defaulted could not be optimal due to the limited number of OJK investigator personnel, lack of knowledge and technical skills regarding criminal investigations in the financial services sector, lack of facilities, infrastructure, and funds, as well as low legal culture from insurance company managers, OJK investigators, and the public.
Co-Authors Fauzan Fadly Somar Fawzia Apriandini Megawati Barthos Raden Farrel Dharma Osmar