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All Journal KRTHA BHAYANGKARA Mimbar Hukum Journal of Law, Poliitic and Humanities Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Prita Amalia
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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THIRD-PARTY IN INTERNATIONAL COMMERCIAL ARBITRATION: INDONESIA PERSPECTIVE Prita Amalia; Muhammad Faiz Mufidi
Mimbar Hukum Vol 35 (2023): Jurnal Mimbar Hukum Special Issue
Publisher : Faculty of Law, Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/mh.v35i0.11381

Abstract

Abstract An arbitration Agreement between the parties is an important source of law in the arbitration proceeding, especially in International Commercial Arbitration. Arbitration Agreements, which could be made before and after the dispute, provide jurisdiction to the arbitral tribunal to settle the dispute. Traditionally, the arbitration agreement provides that only the parties in the agreement could be bound by the arbitration proceeding. However, in commercial arbitration, there is a circumstance in which a third party could be bound to arbitration proceedings. Indonesia has an arbitration law based on Law No. 30 Year 1999 concerning Arbitration and Alternative Dispute Resolution. This law stipulates how arbitration proceedings could proceed in Indonesia, including third-party issues in arbitration proceedings, as stipulated in Article 30. However, it depends on an arbitrator to settle since the Law itself does not explain further. The definition also does not govern in BANI Rules and Procedure as BANI procedural law. One opinion based on the writer’s research shows that commercial arbitration in Indonesia could also consider Indonesian Civil Procedural Law, as well as the regulation toward third parties’ involvement. Some of the mechanism of third parties’ involvement that has been regulated in Indonesian Civil Procedural Law is Vrijwaring, Tussenkomst, and Voeging. Abstrak Perjanjian Arbitrase di antara para pihak merupakan sumber hukum utama dalam proses arbitrase, khususnya dalam Arbitrase Komersial Internasional. Perjanjian Arbitrase dapat dibuat sebelum dan setelah sengketa, dan merupakan dasar kewenangan dari lembaga arbitrase untuk menyelesaikan sengketa. Secara konsep, perjanjian arbitrase hanya mengikat para pihak yang terikat dalam perjanjian arbitrase. Namun demikian, terdapat kondisi bilamana pihak ketiga dapat terikat dalam proses arbitrase. Indonesia mengatur arbitrase dalam UU No. 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa. Undang-undang ini mengatur bagaimana proses arbitrase di Indonesia, termasuk para pihak dalam proses arbitrase sebagaimana diatur dalam Pasal 30. Hal ini sangat tergantung pada arbiter untuk memutuskannya karena undang-undang tidak memberikan penjelasan lebih lanjut. Penjelasan selanjutnya juga tidak diatur dalam Hukum Acara BANI. Berdasarkan hasil penelitian yang dilakukan, dalam arbitrase komersial di Indonesia, para pihak perlu mempertimbangkan Hukum Acara Perdata yang berlaku di Indonesia, khususnya mengenai pengaturan bagaimana pihak ketiga bisa terikat dalam proses arbitrase. Mekanisme keterlibatan pihak ketiga yang diatur dalam Hukum Acara Perdata Indonesia yaitu Vrijwaring, Tussenkomst, and Voeging.
Screening Public Private Partnership Projects as An Implementation of the Middle Path Theory in Indonesian Investment Wahyu Agung Laksono; Prita Amalia; Adi Nurzaman
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.735

Abstract

Investment in Indonesia has existed since the colonial period, which then experienced developments in 1945, 1966, 1998, until the current reform era as outlined in Law Number 25 of 2007 concerning Investment. Investment activities are currently experiencing many developments, one of which is the presence of Government Cooperation with Business Entities as an alternative to infrastructure provision and management. However, this method is considered slow due to the screening project stage so that an analysis is needed regarding the origin of the stage through the middle path theory. This research uses legal research method with normative juridical approach. The research specification is descriptive analytical with legal interpretation analysis method. The data used is secondary data, consisting of primary, secondary, and tertiary legal materials. The results of this study show that the screening project stage consisting of needs analysis, compliance criteria, criteria for determining the value of money benefits, analyzing potential income, as well as recommendations and follow-up is an implementation of the principle of Government Cooperation with Business Entities, which explicitly shows that Indonesia uses the middle path theory. This is supported by the principles and content material of the project screening process which emphasizes the implementation of PPP in Indonesia based on government intervention and openness to Business Entities that will and/or enter into the PPP process. The middle path theory can serve as the basis for the implementation of PPP in terms of investment because it can attract investors to invest in Indonesia while at the same time suppressing the negative impact of investment activities, especially those carried out by multinational companies.
The Urgency of Express Consent to Waive State Immunity in an International Commercial Arbitration Agreement: Indonesia’s Practice Feren Thalita; Prita Amalia; Damos Dumoli Agusman
Journal of Law, Politic and Humanities Vol. 5 No. 3 (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.v5i3.1287

Abstract

Indonesian State-owned enterprises’ participation in the international commercial transactions have become a prime example which affects the increasing need for international commercial arbitrations today and in the future. However, the State immunity that Indonesian State-owned enterprise owns may potentially give rise to issue on the implementation of the whole arbitration process, inclusive of the recognition and enforcement of the arbitral award. This issue alone has been hotly debated from the perspective of State-owned enterprises and the foreign private parties. On that account, Indonesian State-owned enterprises are still in need of a legal solution to settle the State immunity matter, whereas express consent to waive State immunity here is in question. Through the normative and comparative juridical research, the writer has found that it is urgent for Indonesian State-owned enterprises to provide express consent to waive State immunity since, inter alia, it paves a way to prevent further procedural hindrance in the whole arbitration process. The recommendation to fortify such practice is strengthened by how solely depending on other exceptions to State immunity, which have their own complexities and uncertainties, is going to bring the parties to procedural barrier that prolong the dispute settlement itself
In Television Broadcast Content, Violations Of Privacy Rights Are Reviewed Based On Law Number 32 Of 2002 Concerning Broadcasting And Law Number 27 Of 2022 Concerning Personal Data Protection Israwan, Annisa Rami Rivani; Danrivanto Budhijanto; Prita Amalia
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.3288

Abstract

This research aims to analyze the legal protection of personal data subject rights in television broadcast content against violations of privacy right based on Law Number 32 of 2002 concerning Broadcasting (Broadcasting Law) and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The approach method used in this research is normative juridical. The data used is primary and secondary data. The collected data is then analyzed using a qualitative juridical method. The result of this research shows that broadcast programs that exploit private life by broadcasting personal information of objects in their content without first providing clear information about the purpose and use of the personal data can be defined as an indicator of privacy violation in television broadcast content when linked to the rights of personal data subjects based on the PDP Law. In addition, legal protection of personal data subject rights in television broadcast content against violation of privacy right is designed to provide legal certainty to personal data subject in television broadcast content. Victims of privacy violation in television broadcast content who are data subject now have their right strengthened, including the right to sue and receive compensation.
The Urgency of Regulating the Transparency Principle of the 'AI System' in Indonesia: The Phenomenon of Self-Preferencing and Regulation in the European Union Ratih Mulia Fazriati; Sinta Dewi Rosadi; Prita Amalia
Journal of Law, Politic and Humanities Vol. 5 No. 3 (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.v5i3.1485

Abstract

This research discusses the phenomenon of self-preferencing by artificial intelligence (AI) technology in the e-commerce sector in Indonesia, as well as a comparison with regulations in the European Union. AI as an automated decision-making tool has been adopted by e-commerce platforms to improve efficiency and service personalization. However, some e-commerce platforms use AI for self-preferencing practices, such as Shopee's practice with SPX couriers. This practice raises issues of unfair business competition and threatens the transparency principle of technology utilization. This research analyzes relevant regulations such as UU ITE, PP PSE, and PP E-Commerce by conducting a comparative study of regulations in the European Union such as the Artificial Intelligence Act, Digital Market Act, and P2B Regulation. This research shows that AI is constructed as an electronic agent whose utilization must be in line with the principles contained in the ITE Law. In the ITE Law, the principle of transparency for electronic agents is not regulated. This is different from regulations in the European Union which regulate the principle of transparency as a form of legal certainty for business actors in the e-commerce platforms.
Preparation of Regional Regulations in the Context of Implementing the Content of Presidential Regulation Number 38 of 2015 concerning Cooperation Agreements between Government and Business Entities in the Provision of Infrastructure Kurdi; Cut Zulfahnur Syafitri; Prita Amalia; Wardhana, Yuki M.A
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.404

Abstract

Government cooperation with business entities (PPP) provides many benefits in infrastructure development. however, the content material of the existing PPP legal basis is not suitable for implementation in the regions due to differences in budget availability. in connection with this, it is necessary to implement the content material of the presidential regulation in the form of regional regulations. this research uses a type of normative juridical research conducted by examining various previously available sources. in connection with this, in order to facilitate the analysis of legal sources, the author also uses statutory and conceptual approaches in this research. The result of this research is that presidential regulation number 38 of 2015 which discusses PPP has covered various matters like a law and actually the local government has a clear legal basis in order to pour the content material contained in the presidential regulation which the legal basis is contained in the basic law, the law even in the presidential regulation which discusses PPP itself so that the local government should be able to pour the material of the presidential regulation in the form of regional regulations.
Pengaturan Dampak Risiko Kecerdasan Artifisial dalam Tinjauan Perbandingan EU AI Act 2024 dan Hukum Positif di Indonesia Ashyla Safani; Ahmad M. Ramli; Prita Amalia
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2650

Abstract

Currently, the digital era has penetrated most sectors of humanity, where one of the people who are penetrated is the Indonesian people. Data shows that internet users in Indonesia have reached 221 million, equivalent to 79.5 percent of Indonesia's total population. Indonesia is one of the countries with the largest number of internet users in the world. Some of them are the use of Artificial Intelligence in driving, in digital marketplace services, and in responding to consumer complaints. However, these things are not entirely free from the potential adverse risks that can befall consumers. So far, the Indonesian Positive Law regulation has not yet reached the regulation of the impact of potential adverse risks to consumers who use products containing Artificial Intelligence. On the other hand, the European Union has already regulated the impact of adverse risks in the use of Artificial Intelligence. Therefore, this research will try to adopt the norm from the European Union and initiate it as an answer to the regulation of the impact of risks in the utilization of Artificial Intelligence in the perspective of Indonesian Law.
Co-Authors Adi Nurzaman Ahmad M. Ramli Ashyla Safani Cut Zulfahnur Syafitri Damos Dumoli Agusman Danrivanto Budhijanto Feren Thalita Israwan, Annisa Rami Rivani Kurdi Muhammad Faiz Mufidi Ratih Mulia Fazriati Sinta Dewi Rosadi Wahyu Agung Laksono Wardhana, Yuki M.A