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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Jambura Law Review
Bajrektarevic, Anis H.
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Law, Crime, Criminology & Criminal Justice

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Renewal of the Criminal Justice System Through the Constante Justitie Principle That Guarantees Justitiabelen's Satisfaction Wantu, Fence M.; Puluhulawa, Jufryanto; Bajrektarevic, Anis H.; Towadi, Mellisa; Swarianata, Vifi
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1115

Abstract

The Principle of Constante Justitie, or the principle of a simple, fast, and light trial, is intended so that handling cases can be resolved in a short time. It does not need to take a long time. The problem in this paper is: (1). how is the application of the Constante Justitie principle or the simple, fast, and low-cost principle as expected by justitiabellen? (2). How to renew the criminal justice system through the principle of Constante Justitie, which can guarantee justitiabellen satisfaction. This research is normative juridical research, namely legal research that aims to find methods, norms, or das sollen. The results showed that the application of the principles of justice, speed, and light costs that guarantee justitiabellen satisfaction has not been following the mandate of laws and regulations. The renewal of the criminal justice system, especially the Principle of Constante Justitie, which can guarantee justitiabellen satisfaction, has now been pursued by the Supreme Court by issuing various regulations such as the Supreme Court Rules or PERMA or Supreme Court Circulars or SEMA, but it has not been successful.
Costumer Explicit Consent Under Indonesian Open Banking Regulations Bajrektarevic, Anis H.; Pati, Umi Khaerah; Towadi, Mellisa; Pratama, Anugrah Muhtarom
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (610.089 KB) | DOI: 10.33756/jlr.v4i2.15377

Abstract

The implementation of GDPR and PSD2 in the EU as well as the PSD2 alignment with GDPR, encourage central banks in various countries including Indonesia to immediately implement an open banking system that also prioritizes privacy data protection. The PDP bill principle of explicit consent must be applied in open banking financial transactions that in Indonesia as stated in the National Standard Open API Payment (SNAP) 2021 (a Technical Standards and Governance Guideline). However, there are some fundamental differences regulated in PSD2 when compared to SNAP which will hinder Indonesia's adequate GDPR. This research is normative research with statutory approach and comparative approach. The results showed that there are some fundamental differences between PSD2 and SNAP, including the parties involved, data portability and the concept of re-consent or re-confirmation which are not regulated in SNAP but regulated in PSD2, for the concept of sensitive data payment, neither SNAP nor PSD2 provide the specific concept, both define it broadly.
Co-Authors Fence M Wantu Jufryanto Puluhulawa Mellisa Towadi Pati, Umi Khaerah Pratama, Anugrah Muhtarom Vifi Swarianata