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Integrating Islamic Laws into Indonesian Data Protection Laws: An Analysis of Regulatory Landscape and Ethical Considerations Putra, Tegar Islami; Islam, Akbar Jihadul; Rahman, Abdullah Mufti Abdul
Contemporary Issues on Interfaith Law and Society Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i1.78690

Abstract

This study explores the intersection of personal data protection laws in Indonesia with Islamic principles, focusing on the regulatory landscape and ethical considerations surrounding data privacy. With the proliferation of digital technologies and data-driven processes, safeguarding personal information has become paramount. Drawing from legal frameworks, Islamic jurisprudence, and contemporary discussions on data privacy, this research investigates how Islamic principles inform and complement existing data protection measures in Indonesia. The analysis begins by examining the legal foundation of personal data protection in Indonesia, emphasizing key provisions of relevant legislation and constitutional mandates. It then delves into Islamic principles related to privacy, confidentiality, and ethical conduct, as derived from primary Islamic sources such as the Quran, Hadiths, and scholarly interpretations. The study evaluates the alignment between personal data protection laws and Islamic ethics, identifying areas of convergence and potential divergence. It explores the implications of Islamic principles for data handling practices, consent requirements, and accountability mechanisms within the Indonesian context. Furthermore, the research discusses the practical implications of integrating Islamic principles into data protection frameworks, considering challenges, opportunities, and best practices for ensuring compliance and ethical data governance. By bridging legal and ethical perspectives, this study contributes to a deeper understanding of personal data protection in Indonesia and offers insights into the role of Islamic principles in shaping contemporary approaches to privacy and confidentiality in the digital age. It underscores the importance of holistic and culturally approaches to data governance that respect both legal requirements and ethical norms derived from Islamic teachings.
Identification of Conflict Resolution in Civil Relations between Boarding House Owners and Boarding House Residents (Study at Semarang State University Campus Circle) Ansori, Rio Taufik; Puspitasari, Saniya; Azra, Vira; Putra, Tegar Islami; Niravita, Aprila
The Indonesian Journal of International Clinical Legal Education Vol 5 No 3 (2023): Critical Perspectives on Contemporary Policy and Legal Issues: A Multifaceted Exa
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v5i3.74127

Abstract

This study aims to investigate conflict resolution between residents and boarding house owners in civil relations near the Semarang State University campus. Utilizing a mixed-methods approach, combining normative juridical research with empirical field data, the research discovered that the majority of conflicts are resolved through non-litigious channels. The legal framework for out-of-court settlements aligns with Law No. 30 of 1999 on Alternative Dispute Resolution. Notably, the civil relationship dynamics around the UNNES campus involve a lease agreement between property owners and tenants, whether formalized in writing or conveyed orally. The study sheds light on the prevalence of non-litigation methods in resolving conflicts, emphasizing the significance of alternative dispute resolution mechanisms. This research contributes valuable insights into the legal aspects of the landlord-tenant relationship, providing a nuanced understanding of the complexities in civil relations within the context of university campus housing.
Applying In Dubio Pro Natura in Environmental Crime Cases: Legal Perspectives in Indonesia Ramli, Asmarani; Putra, Tegar Islami; Dewanti, Natasya Fitri; Kinasih, Salisa Widyaning; Arifin, Ridwan; Idris, Siti Hafsyah
The Indonesian Journal of International Clinical Legal Education Vol 5 No 4 (2023): Sustainable Development and Legal Innovations: Exploring Environmental Conservati
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v5i4.76091

Abstract

This research aims to analyze the application of the "in dubio pro natura" principle in Indonesia. This principle translates as "in doubt, for nature" and emphasizes the importance of protecting nature and the environment in making legal decisions. This scientific research uses one of the parts of the grand method, namely Library Research which is based on literature or literature. The author uses several references as legal materials to analyze the object of writing. The results show that the application of the principle of "in dubio pro natura" is the foundation of the application of the concept of the precautionary principle that has entered the Indonesian legal order since the enactment of Law Number 32 of 2009, this principle is in line with the principles of environmental equity, bio diversity and polluter pays principle. In addition, this principle in Indonesia still faces challenges in its application. Several factors affecting the application of this principle in Indonesia include inconsistent government policies in environmental protection, lack of public understanding and awareness of the importance of nature conservation, and shortage of human and technical resources in environmental law enforcement.
The Analysis of the Legal Protection of Ship's Crew in Sea Work Agreement in Indonesia Putra, Tegar Islami
Indonesian Journal of Advocacy and Legal Services Vol 5 No 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margina
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.75367

Abstract

This article aims to analyze the welfare of crew members in the context of legal protection, which is reviewed in more detail from the perspective of the implementation of the maritime employment agreement in Indonesia. This is based on the poor execution of marine employment agreements in Indonesia and should pay more attention to the welfare of crew members. This research will be prepared using normative juridical research (legal research), which is research focused on examining the application of rules or norms in positive law in Indonesia. The assessment process is carried out by analyzing several related regulations, namely the Commercial Code, Laws, Government Regulations, and Ministerial Regulations. The results show that the implementation of sea work agreements in Indonesia involves various parties, such as employers/ship agents, skippers, crew members, and harbourmaster as a means of fulfilling the rights and obligations of workers and employers. In the context of legal protection, crew members in Indonesia have the right to work protection in the form of welfare, occupational safety, and occupational health. In addition, crew members also have the right to salary, overtime pay, holiday pay, delegation pay, transportation costs and wages at the end of work in a sea work agreement.
Advocacy for Business Protection: The Role of Business Identification Numbers in Safeguarding Business Actors Fibrianti, Nurul; Maharani, Chatila; Sari, Maylia Pramono; Paramita, Niken Diah; Viana, Anisa Okta; Putra, Tegar Islami
Indonesian Journal of Advocacy and Legal Services Vol 6 No 2 (2024): Navigating Justice: Empowering Communities with Legal Advocacy and Support (Artic
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The provision of a Business Identification Number (NIB) is an important thing for business actors. One of the benefits of the issuance of NIB for business actors is that the government can provide assistance by means of technical guidance, consultation, and training to increase knowledge of the application of Indonesian national standards and halal product guarantee certification, and so on. However, today, there are still many business actors who do not know how the benefits of NIB for business actors, especially the role of NIB in protecting business actors. This article aims to find out how the role of the Business Identification Number in protecting business actors in Indonesia. This study uses normative juridical research method. The results showed that there are several roles of the Business Identification Number in protecting business actors. Business actors get legal protection in carrying out business operations. In addition, NIB also functions as a legal identity for business actors, which allows them to obtain valid business licenses, commercial licenses, and operations. In addition, NIB makes it easier for businesses to apply for business licenses and fulfill legality requirements. NIB can also increase the competitiveness of business actors by fulfilling the requirements to obtain certification. The issuance of NIB for business actors can be a form of contribution to the development of a better business ecosystem.
Juridical Analysis of The Application of Local Currency Settlement Between Indonesia and China in Business Transactions Putra, Tegar Islami
Journal of Private and Commercial Law Vol 7, No 2 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i2.47878

Abstract

This article investigates the application of Local Currency Settlement (LCS) in transactions between Indonesian and Chinese businesses. The LCS framework is a settlement of bilateral trade transactions conducted by companies in Indonesia and partner countries using each country's currency. This research uses a normative legal research method that involves an in-depth review of the laws and regulations governing LCS and analyzing bilateral trade agreements between Indonesia and China. This method is used to interpret rules and regulations and bilateral trade agreements. In Indonesia, only banks that have met the criteria stipulated in Bank Indonesia Regulation No. 22/12/PBI/2020 can execute transactions using the LCS Framework. China also does the same to determine banks that can complete transactions using the LCS Framework. The advantages of the LCS Framework in the perspective of trade between countries can be seen in terms of mechanism, community productivity, and data security. Meanwhile, the LCS Framework's shortcomings can be seen from the perspective of the stability of each country, which can affect transactions.
Criminalization of Consumers for Criticism Given to Companies Through Cyberspace in Theoretical Studies: Kriminalisasi Konsumen Atas Kritik yang Diberikan Kepada Perusahaan Melalui Dunia Maya dalam Kajian Teoritis Putra, Tegar Islami; Fibrianti, Nurul
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.4098

Abstract

The rapid maneuvering of technology has an impact on the trade sector. Social media is one of the communication mediums that is not uncommon to be used as a means of evaluating a product. However, not all product assessments circulating in the community have a positive impact on the company to be used as a means of product review, there are consumers who make an assessment of a product on social media in a way that is not good, causing harm to the company's image. Whereas the limitation of opinion in Indonesia is a juridical matter. The purpose of this paper is to be able to provide an analysis of the criminalization of consumers for criticism given to companies with criticism given through social media. The research method used in this research is normative juridical research method, conducted by studying and examining the application of legal norms. This study found that in the application of consumer criminalization of criticism given to companies through cyberspace, it can be done if he has fulfilled the elements as stated in the legislation. However, not a few perpetrators are let off by judges for several reasons related to the weak consumer protection regulations in Indonesia. So in this case, it is important for judges to be able to pay attention to expert theories in making decisions, such as Speech Act Theory and Injuria Sine Damno Theory.
Review of Child Consumer Protection in the Practice of Online Gambling Games Through the Gacha System Fibrianti, Nurul; Dahlan, Tri Andari; Anitasari, Rahayu Fery; Paramita, Niken Diah; Putra, Tegar Islami
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 3 (2024): September
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i3.13198

Abstract

The online game industry is increasingly widespread and diverse in its practices to attract users, one of which is the use of the gacha system. This article discusses the gacha system in online games and its potential impact on children. Gacha, which involves paying for random in-game items, is often compared to gambling due to its elements of chance and the potential for profit. The system triggers dopamine release, making players feel pleasure, but children are particularly vulnerable to its mechanics. The article highlights the lack of juridical protection in Indonesia against online games that use gacha systems. While the Child Protection Law prohibits the economic exploitation of children, there are no specific regulations addressing gacha systems in online games. The authors identify the potential economic exploitation of children through gacha as a significant problem. They suggest two solutions: promoting traditional games with character-building content for children, and providing education on character development when introducing these games. From a legal perspective, the article calls for concrete protection measures for children playing online games with gacha systems. The research uses a normative juridical approach, employing library research based on literature.
Procurement Challenges in Universities: A Snapshot and Legal Reform Approaches to Resolution Fibrianti, Nurul; Rahayu, Sang Ayu Putu; Fidiyani, Rini; Putra, Tegar Islami; Prasetya, Rizky Andeza
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.12361

Abstract

Procurement is not limited to the scope of goods but also extends to services. Therefore, it is essential to both quality goods and services. However, it cannot be denied that universities face various obstacles in terms of procuring goods and services, leading to several challenges. The problems addressed in this research are: (1) What are the issues faced in the procurement of goods and services at universities? (2) What is the problem-solving model for procurement of goods and services at universities? This research utilizes a qualitative approach, with a sociological juridical research method, or non-doctrinal research.
Basis of Data Protection Officer Appointment: Comparative Study of Indonesia and European Union Regulation Putra, Tegar Islami; Fibrianti, Nurul; Fakhrullah, Mohammad Raziq
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2068

Abstract

Introduction: The utilization of information technology makes it very easy for a person's Personal Data to be collected and transferred from one party to another without the knowledge of the Personal Data Subject. Personal data controller As a form and effort of protection, it is mandatory to appoint a Data Protection Officer and carry out functions and duties in accordance with the law. To be able to fulfill these functions and duties, it is important to determine the Basis of Data Protection Officer Appointment.Purposes of the Research: The research aims to explain and analyze the comparison of Basis of Data Protection Officer Appointment between Indonesia and Europe Union.Methods of the Research: The research method used in this study is the normative juridical research method with qualitative approach that identifying issues through in-depth analysis of relevant legal regulations concerning the concept of Data Protection Officer Appointment and also employs a comparative study.Results Main Findings of the Research: This study found that the Basis of Data Protection Officer Appointment in Indonesia and the European Union have similar and different aspects of professionalism and ability to fulfill duties. Meanwhile, there are differences in terms of personal data protection practices, where the Indonesian regulation separates knowledge of the law, the practice of Personal Data Protection as the basis for the appointment of data protection officers. Whereas the rules in the European Union combine them so that they have a basis for expert knowledge of data protection law.