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All Journal Asian Journal of Social and Humanities
Fauzie Yusuf Hasibuan
Universitas Jayabaya Jakarta, Indonesia
Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Legal Protection In The Processing and Exchange of Personal Data By Financial Technology Companies Arlini Hapsari Putri Pramudya; Fauzie Yusuf Hasibuan; Zulkarnain Sitompul
Asian Journal of Social and Humanities Vol. 3 No. 2 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i2.425

Abstract

Technological advances and digitalization in the era of the industrial revolution 4.0 have resulted in changes in the way of working and communication in all aspects of people's lives. One of them is the financial sector with increasingly technology-based services known as financial technology (fintech). In Indonesia, fintech services that are growing rapidly are technology-based lending and borrowing services. This poses a risk of misuse of a person's personal data carried out by the financial service company. The method used in this writing is normative law writing which is carried out as an effort to obtain data related to the problem. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data analysis was carried out using the qualitative juridical analysis method. The results of the writing and discussion get several conclusions, namely that fintech companies must adopt encryption technology and data security to ensure that the personal data transferred is not easily accessed or stolen by unauthorized parties. If a person's personal data as a realm of privacy is misused by unauthorized people, then to create legal protection for users/service customers of fintech companies, the role of law enforcement officials as well as supervisory and regulatory agencies is needed to provide a sense of security for the community, in addition to the need for legal regulations that can ensure community protection.
Ideal Formulation of Extraordinary Legal Remedies Review By The Public Prosecutor From The Perspective of Justice and Legal Certainty Krisna Murti; Fauzie Yusuf Hasibuan; Maryano Maryano
Asian Journal of Social and Humanities Vol. 3 No. 2 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i2.426

Abstract

One of the crucial issues of legal problems that is still a pro and con in society is the extraordinary legal effort of judicial review by the public prosecutor. The research research is to analyze the implementation of the submission of extraordinary legal efforts of judicial review by the public prosecutor against criminal cases based on statutory regulations and to analyze and find the formulation of the ideal criminal case review system by the public prosecutor to realize justice and legal certainty in Indonesia. This research uses a type of normative juridical legal research. Research that uses a philosophical approach, a statutory approach, a case approach and a comparative approach. The sources of legal materials collected are analyzed descriptively to answer the research problems. The results of this study conclude that the Implementation of the submission of extraordinary legal efforts of judicial review by the Public Prosecutor against criminal cases based on statutory regulations has not achieved justice and legal certainty. In practice, the addition of the prosecutor's authority to file a judicial review as stipulated in Article 30C letter h and the Explanation of Article 30C letter h of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia cannot be implemented because it is considered contrary to the 1945 Constitution.
Co-Authors Arlini Hapsari Putri Pramudya Krisna Murti Maryano Maryano Zulkarnain Sitompul