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All Journal Jurnal Hukum Statuta Nusantara: Journal Law and Islamic Law
Saebani, Alisya Rahma
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Dan Upaya Pemulihan Bagi Perusahaan Insolven Dalam Kepailitan Saebani, Alisya Rahma
Jurnal Hukum Statuta Vol 3 No 2 (2024): Volume 3, Nomor 2, April 2024
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v3i2.9097

Abstract

Bankruptcy law in Indonesia, as stipulated in Law No. 37 of 2004, faces challenges in balancing legal protection for insolvent companies with the settlement of unpaid debts. The principles of Economic Democracy from the 1945 Constitution provide the basis for inclusive economic regulation. This study employs a normative juridical approach, analyzing legislation and the implementation of Bankruptcy Law. Indonesian bankruptcy law recognizes the importance of business continuity, yet its implementation tends towards debtor asset liquidation. Legislative changes from Law No. 4 of 1998 to Law No. 37 of 2004 reflect an evolution in bankruptcy case handling, but there remains a need to further explore "corporate rescue" concepts as practiced internationally. Although Law No. 37 of 2004 has established more comprehensive mechanisms for bankruptcy resolution, the primary challenge remains balancing creditor protection with efforts to rescue insolvent companies. Further adjustments are necessary to enhance the effectiveness of legal protection for potentially bankrupt companies.
Strengthening Data Security Systems in the Cyber Notary to Ensure Legal Certainty Saebani, Alisya Rahma
Nusantara: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Nusantara: Journal of Law and Islamic Law
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/nusantara.v1i3.291

Abstract

The implementation of cyber notary practices in Indonesia currently encounters profound regulatory fragmentation among the Law on Notary Public Office, Electronic Information and Transactions Law, and Personal Data Protection Law. This fundamental normative vacuum triggers significant legal uncertainty in securing clients' electronic data. This normative legal research aims to comprehensively analyze the interconnection of positive legal instruments regarding privacy protection within the digital notarial ecosystem. Utilizing statutory, conceptual, and comparative approaches, this study critically evaluates the obligations of notaries who now transform into personal data controllers bearing absolute liability. The research findings demonstrate that the absence of uniform information security standards substantially elevates the risks of system hacking and digital identity breaches. Therefore, this research concludes the urgency for regulatory harmonization that strictly mandates the implementation of privacy by design principles alongside the standardization of encrypted information security systems. This legal measure constitutes an imperative directive to mitigate cybercrime threats.
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