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Legal Protection for Investors’ Personal Data Against Cybercrime Threats in Capital Market Based on IOSCO Principles Kevin Darmawan; Aninditha Sekar Putri
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1458

Abstract

The increasing threat of cybercrime, particularly in the capital market sector, poses a serious risk to investors' personal data protection in Indonesia. This challenge requires a robust and adaptive regulatory approach to maintain trust and security within the capital market. As a member of IOSCO, Indonesia has access to principles designed to protect investors and minimize cyber risks. This study employs a normative juridical method using secondary data in the form of primary and secondary legal materials to examine the effectiveness of IOSCO principles in national law. The study’s findings indicate that IOSCO applies 38 principles forming a policy framework for investor protection through preventive and educational efforts for its member countries. However, although Indonesia’s positive law has established a framework for personal data protection, certain aspects of IOSCO principles remain unaccommodated, particularly in terms of oversight and cyber risk management. Therefore, the establishment of a Personal Data Protection Supervisory Body in Indonesia is essential to enhance investor protection and ensure functional harmonization alongside the Indonesia Financial Services Authority.
Perlindungan Hukum Pekerja Tetap atas Pemutusan Hubungan Kerja Akibat Pemisahan Perseroan (Spin Off) ditinjau dari Peraturan Pemerintah Nomor 35 Tahun 2021 Kevin Darmawan; Holyness N. Singadimedja; Rafan Darodjat
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 2 No. 2 (2025): Mei: Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v2i2.608

Abstract

Labor law in Indonesia prioritizes the protection of workers as a primary focus in industrial relations. This protection becomes highly relevant in the context of termination of employment (PHK), particularly in cases where PHK is carried out on the grounds of corporate spin offs. This study aims to analyze the company’s responsibility in fulfilling workers' rights and the legal measures that can be taken to ensure workers' welfare in accordance with Government Regulation No. 35 of 2021. The research method employs a normative juridical approach with descriptive-analytical review of primary documents, such as labor-related legislation, and secondary documents related to the PHK process. The analysis reveals that PHK conducted by a company on the basis of a spin off lacks a strong legal foundation if it contradicts the principles of legal certainty and worker protection as stipulated in applicable regulations. In the event that PHK is still carried out, the company is obligated to provide full compensation to workers, including severance pay, service appreciation pay, and rights replacement as outlined in PP 35/2021. Furthermore, workers are advised to pursue their rights through non-litigation, litigation at the Industrial Relations Court, or administrative measures in a step-by-step manner. The implication of these findings underscores the importance of enforcing labor laws to protect workers' rights during corporate restructuring.