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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Dona Budi Kharisma
Faculty of Law Universitas Sebelas Maret
Law, Crime, Criminology & Criminal Justice

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Cryptoization and Shadow Currency: Legal Overview of the Importance of Digital Rupiah in Indonesia Adi Sulistiyono; Dona Budi Kharisma
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4369

Abstract

Cryptoization in Indonesia can be seen in the number of investors and crypto asset transactions. As of January 2024, the total number of crypto asset investors reached 18.83 million investors. Meanwhile, the total accumulated value of crypto asset transactions throughout 2024 was recorded at IDR 48.82 trillion. Various types and developments in crypto assets trigger shadow currency risks. Shadow currency is a currency function that can be replaced by another form. In this regard, research is needed regarding the relationship between crypto assets as shadow currency in financial stability and the importance of regulating digital rupiah in Indonesia. The approach used is the statute approach. This research will examine various laws and regulations relating to crypto assets, fintech, financial systems and currencies. The research results show that the crypto asset transaction process occurs outside the official monetary system and can develop into a digital currency area outside certain jurisdictions. The materialization of this risk can threaten a country's monetary sovereignty, thus triggering the risk of shadow currency. Therefore, it is recommended that the Digital Rupiah be a Central Bank Digital Currency (CDBC) which is officially implemented in Indonesia. However, there needs to be regulatory and policy support needed so that CBDC can be implemented in Indonesia, one of which is through a revision of the Indonesian Act on Currency.
Human Security Principles in Crowdsourcing Personal Data Dona Budi Kharisma; Agus yudha Hernoko; Prawitra Thalib; Oktafiyana Oktafiyana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4404

Abstract

Personal data protection is fundamental because every individual's privacy is important. This article analyses related principles of human security in the context of processing personal data to ensure the safety of every personal data subject. The result of the paper shows that every effort in processing personal data must based on principles to ensure the fulfillment of human security principles. This article argues that crowdsourcing personal data often carried out in the digital era violates human security principles when impact losses are incurred to man.
Artwork Copyright Legal Protection on Non-Fungible Tokens (NFT) Tuhana Tuhana; Dona Budi Kharisma; Nabilah Khoirunnisa
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4405

Abstract

The purpose of this legal research is to find out the legal problems in protecting the copyrights of creators of works of art on Non-Fungible Tokens (NFT) and to find out the forms of legal protection for creators’ copyrights of works of art on NFT. The type of research is normative legal research. The approaches used are statute approaches, conceptual approaches, and comparative approaches.  The legal materials used are all regulations regarding copyright that exist in Indonesia and The United States of America (USA). NFT is a copyright protection solution for creators of works of art in the digital era. Indonesia does not yet have a digital copyright act while the USA has a digital copyright act called the Digital Millennium Copyrights Act (DMCA) which is able to protect the copyrights of art creators in NFT.  In Indonesia, it has not yet been regulated regarding the prohibition of the importation of anti-circumvention devices, which has been handled in Chapter 1201 of the DMCA. Then there is also no regulation regarding the deletion of NFT content, which indicates violations in Indonesia, which has been regulated in USA.
Urgency of E-Commerce Act for Consumer Protection (Comparative Study in Indonesia, Singapore, and China) Diana Tantri Cahyaningsih; Dona Budi Kharisma; Goldwina Aphroditerri Agnjana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4430

Abstract

This research aims to discover the problems of regulation of electronic commerce (e-commerce) in Indonesia, Singapore, and China with a focus on Indonesia. This study also intends to construct e-commerce legislation to promote the expansion of the digital economy in many nations. This study focuses on legal research. Comparative and legal approaches are utilized in the study process. The legal documents utilized are e-commerce laws in Indonesia, Singapore, and China. In pandemic era, Indonesian e-commerce transactions had climbed by 50.8% with transactions reaching IDR 401 trillion. However, fraud in online transactions is one of the most reported crimes. As many as 28.7% of cybercrimes originate from fraud. The number of fraud cases, transaction security, and weak protection of personal data consumers are still central issues. The Information and Electronic Transactions Act, as revised by Act Number 19/2016 does not explicitly regulate e-commerce. Compared to Singapore, it has a Casetrust to increase consumer confidence and is supported by the Electronic Transactions Act (ETA).  Personal Data Protection Act 2012 (PDPA). E-commerce Act of the People’s Republic of China is supported by Personal Information Protection Act of the People's Republic of China.  The Act aims to give some legal certainty and predictability to online businesses.
How to Regulate an illegal platform in P2P Lending? (Evidence From Indonesia and Global Approach) Arief Suryono; Dona Budi Kharisma; Agata Wanda Yunitha Purba
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4444

Abstract

The aim of this studi is: (1) to scrutinize the legal predicaments pertaining to the governance of Peer-to-Peer (P2P) lending in Indonesia, by drawing comparisons with the regulatory frameworks of the United States and the United Kingdom, and (2) to devise the optimal legal mechanism for the regulation of P2P lending transactions. This study employs a normative legal research methodology utilizing comparative and legal approaches to investigate the regulatory frameworks for P2P lending in Indonesia, the United States, and the United Kingdom. The legal materials used in this study solely pertain to P2P lending regulations and were collected using library research techniques. The expansion of P2P lending in Indonesia has been impeded by the widespread prevalence of unlawful P2P lending practices. A comparative evaluation of the regulatory structures of the United States and the United Kingdom highlights that the insufficiency of regulatory measures has played a role in aggravating this issue. The UK's well-structured and comprehensive regulations, which provide robust protections, are worth emulating and implementing, especially considering that P2P lending in the UK is successful and dominates the European economic market. Meanwhile, the strict information disclosure and platform registration rules implemented in P2P lending in the United States are essential regulatory factors that the OJK should consider in its supervision of P2P lending in Indonesia.
Formulation of Legal and Regulatory Models of Carbon Units as Collateral Objects in Indonesia Diana Tantri Cahyaningsih; Dona Budi Kharisma; Alisha Vinia Alethea Majid
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6837

Abstract

The rise in GHG emissions has driven countries, including Indonesia, to commit to Net Zero Emissions through the 2015 Paris Agreement. One of Indonesia’s efforts is limiting carbon emissions via carbon trading. The traded object, carbon units, are categorized as securities with economic value, presenting an opportunity to use them as collateral. However, theres is no clear regulation governing this. This normative legal research uses statute and conceptual approaches, with primary and secondary legalmaterials on collateral law. The study aims to propose regulatory recommendations to enable the use of carbon units as collateral in Indonesia. The findings suggest that fiduciary is the most suitable binding meyhod, as it does not require physical delivery and allows execution through private sale under Article 31 of Indonesia Fiduciary Law. The lack of a valuation institution can be addressed by optimizing collaboration between public appraisers, like KJPP and GHG Validation and Verification instituions (LV/V GRK).
Formulation of Environmental, Social, and Governance (ESG) Concept Regulation in the Banking Sector as a Strategy to Realize Sustainable Development in Indonesia Albertus Sentot Sudarwanto; Dona Budi Kharisma; Salsabila Adinda Putri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6839

Abstract

The increasing issue of the global environmental crisis has prompted the UN to launch 17 Sustainable Development Goals (SDGs). Although Indonesia has a strong commitment to achieving the SDGs, its implementation is still lagging behind, one of the reasons being the suboptimal application of Environmental, Social, and Governance (ESG) at the company level, especially in the banking sector. This creates uncertainty, implementation obstacles for companies, and opens up loopholes for ESG-washing practices. This study aims to formulate a regulatory formulation for the ESG concept in the banking sector as a strategy to accelerate sustainable development in Indonesia. The research method used is normative legal research that is prescriptive with a statutory approach and a conceptual approach. The types and sources of legal materials use primary legal materials and secondary legal materials. The results of the study conclude that an effective regulatory formulation is needed including a revision of POJK 51/POJK.03/2017 to require integrated reporting and adoption of the double materiality concept. In addition, it is recommended to strengthen the role of Good Corporate Governance (GCG), establish standard and measurable ESG reporting standards, require independent assurance (verification) of sustainability reports, and enforce legal sanctions against ESG-washing practices.
Co-Authors Adi Sulistiyono Agata Wanda Yunitha Purba Agus yudha Hernoko Albertus Sentot Sudarwanto Alisha Vinia Alethea Majid Arief Suryono Diana Tantri Cahyaningsih Goldwina Aphroditerri Agnjana Nabilah Khoirunnisa Oktafiyana Oktafiyana Prawitra Thalib Salsabila Adinda Putri Tuhana