Garuda - Garba Rujukan Digital

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

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

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

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

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 Consumersâ€™ 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

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.

ANALISIS YURIDIS PERJANJIAN ANGKUTAN MULTIMODA ANTARA PT WIJAYA KARYA (PERSERO) TBK DENGAN PT SILKARGO INDONESIA DI PROYEK PEMBANGUNAN PEMBANGKIT LISTRIK TENAGA UAP (PLTU) KETAPANG 2X10 MW Sriyono; Indah Kusuma Wardhani
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i1.1134

In the construction of the Ketapang PLTU with a capacity of 2x10 MW in West Kalimantan, multimodal transportation is needed to send steel structure materials from Jakarta to Ketapang. Therefore, PT Wijaya Karya (Persero) Tbk cooperates with PT Silkargo Indonesia as a carrier, which is stated in the form of a multimodal transportation contract. Based on this description, the authors are interested in examining the problems regarding the process of the occurrence of a multimodal transport contract and the suitability of the multimodal transport contract with the regulations. To discuss these problems, normative and empirical juridical research methods are used. The conclusion is the process of the occurrence of a multimodal transport contract goes through two stages, namely the pre-contractual stage which includes announcements and invitations, explanations, submission of bid documents, document evaluation, clarification and negotiation, determination and announcement of winners, and the contractual stage which includes determination of carriers and signing of contracts. The multimodal transport contract is in accordance with the prevailing regulations, namely Government Regulation Number 8 of 2011 concerning Multimodal Transportation, in particular Article 4, Article 12 paragraph (1), Article 13, Article 16, Article 17, Article 19, Article 21, Article 22, Article 23 paragraph (1), Article 24, Article 25 paragraph (2), Article 25 paragraph (3), and Article 26.

ANALISIS YURIDIS KONTRAK KERJA KONSTRUKSI PEMBANGUNAN GEDUNG SERBAGUNA DAN MASJID AT-TAWAZUN DI DESA SUKAASIH KECAMATAN SUKATANI KABUPATEN BEKASI Firdaus Addar; Indah Kusuma Wardhani
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i2.1328

The development of the construction services industry in Indonesia is always increasing, but problems still often occur related to construction work contracts, such as the substance of construction work contracts having multiple interpretations and the unequal position of the parties in carrying out their rights and obligations. Therefore, this research analyzes the Construction Work Contract for the Construction of the Multi-Purpose Building and the At-Tawazun Mosque, and discusses the process of making it, the rights and obligations of the parties, and the responsibilities of service users and service providers in the event of default. The methods used in this research are normative juridical and empirical juridical. The process of making a construction work contract can be divided into two stages, namely pre-contractual and contractual. Construction work contracts regulate the rights and obligations of the parties in accordance with the provisions of Article 47 paragraph (1), Article 54 and Article 55 of Law Number 2 of 2017 concerning Construction Services. The responsibility of the service provider in the event of default has also been regulated in Article 11, but the responsibility of the service user has not been regulated in the construction work contract. Thus, if the service user defaults, the service provider can file a breach of contract lawsuit based on Article 1243 of the Civil Code jo. Article 55 paragraph (2) Law Number 2 of 2017 concerning Construction Services.

TINJAUAN YURIDIS TERHADAP TINDAK PIDANA DESERSI YANG DILAKUKAN OLEH MILITER (STUDI KASUS PUTUSAN NOMOR 189-K/PMII-08/AU/XII/2021) Eko Cahyono; Indah Kusuma Wardhani
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i2.1484

The crime of desertion is one of the offenses often found within military units. According to the 2022 report on law enforcement operations and military police justice, the disciplinary and code of conduct violations of TNI soldiers increased by 50% compared to 2021, and the crime of desertion also increased by 13.55%. Therefore, the author is interested in conducting research at Military Court II-08 Jakarta and analyzing Decision Number 189-K/PM.II-08/AU/XII/2021 related to the application of substantive criminal law and the judge's considerations in the trial of desertion crimes. The analysis based on this decision shows that the application of substantive criminal law to the crime of desertion committed by the Defendant in Decision Number 189-K/PM.II-08/AU/XII/2021 is appropriate, as it fulfills the elements of desertion in Article 87 paragraph (1) number 2 in conjunction with paragraph (2) of the Indonesian Military Penal Code (KUHPM). In this decision, the Panel of Judges has taken into account the legal facts, witness testimonies, supporting evidence, and the judge's conviction in rendering the verdict, thereby creating a deterrent effect on the Convict and instilling fear among military personnel to prevent them from committing the crime of desertion.

PENEGAKAN HUKUM TINDAK PIDANA PERDAGANGAN ORANG DALAM (INSIDER TRADING) DI PASAR MODAL Aji Sena Pamungkas; Indah Kusuma Wardhani
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i1.1606

In the midst of the increasingly developing dynamics of the capital market, law enforcement against insider trading in the capital market is a significant challenge. This crime not only harms many parties, but also threatens the credibility of the industry as a whole. This study will discuss the problems regarding the causes of insider trading and law enforcement against insider trading in the capital market. The approach method used in this study is normative juridical. The results of the study show that the occurrence of insider trading is caused by several things, including stock price fluctuations, the role of insiders, and a narrow understanding of the general principles of securities transactions. Law enforcement against insider trading cannot run optimally, including because Law Number 8 of 1995 concerning the Capital Market as amended by Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector still adheres to the fiduciary duty theory, thus causing difficulties in proving and enforcing the law on insider trading. The limited authority of OJK investigators, the number of OJK investigators is too small, and inadequate facilities and infrastructure cause the process of examining and investigating insider trading crimes to be ineffective. The lack of public knowledge about insider trading crimes also provides an opportunity for many parties to carry out fraudulent practices in order to seek personal gain.

PENYALAHGUNAAN QRIS DALAM TRANSAKSI ELEKTRONIK DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 2024 TENTANG PERUBAHAN KEDUA ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Stefanus Pattipeilohy; Indah Kusuma Wardhani
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i2.1714

QRIS is a national QR Code standard developed by Bank Indonesia and the Indonesian Payment System Association to facilitate easier, faster, and safer digital payment transactions. QRIS, as a form of electronic transaction, allows people to make payments using all QR Code-based payment applications, such as OVO, GoPay, LinkAja, and Dana. In practice, QRIS has a risk of misuse that will result in losses for its users. This study discusses the forms of QRIS misuse, the regulation of QRIS misuse based on Law Number 1 of 2024 concerning Electronic Information and Transactions, and efforts to overcome QRIS misuse. This study uses a normative juridical research method by examining secondary data. The results explain that the forms of QRIS misuse that often occur in society include QR Code forgery, falsification of transfer receipts, scamming, and phishing. Misuse of QRIS carried out by means of QR Code forgery and falsification of proof of transfer is a cyber crime regulated in Article 35 in connection with Article 51 paragraph (1) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions and misuse of QRIS carried out by means of scamming and phishing is a cyber crime regulated in Article 28 paragraph (1) in connection with Article 45A paragraph (1) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. Efforts to overcome misuse of QRIS can be carried out through preventive measures and repressive measures.

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