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All Journal Yustisia Jurnal Hukum dan Peradilan
Moch. Marsa Taufiqurrohman
Faculty of Law Universitas Padjadjaran
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Francovich Principle as the Basis of State Responsibility for Laborer Loss Due to Company Bankruptcy Agus Widyantoro; Moch. Marsa Taufiqurrohman; Xavier Nugraha
Yustisia Vol 12, No 3: December 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i3.79345

Abstract

The absence of legal certainty in the application of the pari passu pro rata parte principle in the distribution of bankrupt accounts in Indonesia has given rise to uncertainty regarding the protection of the rights of laborers whose employers or companies have faced bankruptcy. This article considers that Indonesia requires a set of formulations enabling the state to provide legal protection for the rights of laborers affected by employer or company bankruptcy. The article explores the feasibility of adopting the Francovich Principle in Indonesia, defining it as a principle holding the state accountable for the losses incurred by laborers due to company bankruptcies.  The  article  concludes  that  several  conditions must be met to apply the Francovich Principle, including the establishment of a guarantee institution, the obligation for financial contributions from companies, and the implementation of specific measures to prevent abuse. The state’s effort to adopt the Francovich Principle involves establishing a priority scale in drafting laws related to the Francovich Principle into the Priority National Legislation Program. Furthermore, the government needs to revitalize institutions related to the Francovich Principle within the national legal and regulatory system
Bridging The Gap: Reconciling Privacy Data Protection With Indonesian Collectivism Moch. Marsa Taufiqurrohman; Tarsisius Murwadji; Helza Nova Lita
Jurnal Hukum dan Peradilan Vol 14 No 3 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.3.2025.549-598

Abstract

This article analyzes the interplay between Indonesia’s collectivist cultural values and the implementation of Law No. 27 of 2022 on Personal Data Protection (Law No. 27/2022). The Law faces significant challenges in a society where awareness of data privacy remains low. This article utilizes a socio-legal research methodology to explore the cultural factors influencing Indonesian societal attitudes and behaviors towards data privacy. The article begins by outlining the core regulatory framework of Law No. 27/2022, comparing its implementation within individualistic and collectivist contexts. It highlights the inherent tension between the Law’s emphasis on individual data rights and Indonesia’s deeply ingrained collectivist values, which prioritize communal harmony and open information sharing. This cultural tendency often overshadows concerns about potential security risks, hindering the Law’s effective implementation. To bridge this gap, the article proposes a “hybrid” approach that integrates international data protection standards with culturally relevant strategies. This includes emphasizing the collective benefits of data protection, framing it as a shared responsibility to protect the community’s well-being. Furthermore, the article stresses the importance of public education campaigns tailored to resonate with Indonesian cultural values. By empowering individuals with knowledge and legal awareness, the article argues that Indonesia can foster a more balanced approach to data protection that respects both individual rights and collective harmony.
Co-Authors Agus Widyantoro Helza Nova Lita Nugraha, Xavier Tarsisius Murwadji