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Journal : berajah journal

KAJIAN YURIDIS DAMPAK TEKNOLOGI DIGITAL TERHADAP KEPASTIAN HUKUM DALAM TRANSAKSI BISNIS Rahmat Wijaya; Pandri Zulfikar; Gunarto Wardono; Agus Alqodri; Raliyanto Budi Wikarno
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.439

Abstract

The development of digital technology has brought about a fundamental transformation in the conduct of modern business transactions. The emergence of blockchain technology, smart contracts, electronic signatures and e-commerce platforms has changed the conventional paradigm of conducting transactions. However, this digital transformation poses significant challenges to legal certainty in business transactions, particularly in relation to legal validity, consumer protection, dispute resolution and jurisdiction. This study aims to analyse the impact of digital technology on legal certainty in business transactions from a legal perspective using a normative legal research method. The results of the study indicate that digital technology has a two-sided impact on legal certainty: on the one hand, it enhances the efficiency and transparency of transactions; on the other hand, it creates legal uncertainty due to regulations that have not yet been able to keep pace with technological developments. This study recommends the need to harmonise national regulations with international standards, as well as the establishment of a specific legal framework for digital transactions to ensure optimal legal certainty.
PENGARUH CYBER LAW TERHADAP KEPERCAYAAN MASYARAKAT DALAM LAYANAN ONLINE Wisnu Cahyo Apriliyadi; Pandri Zulfikar; Muhammad Fajar Alfahimi; Aditya Putra Setyawan; Ahiruddin
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.451

Abstract

The development of information and communication technology has transformed the paradigm of social and economic interaction through online services. However, the proliferation of cybercrime, personal data breaches, digital fraud, and illegal content has threatened public trust in the digital ecosystem. Cyber Law as a legal instrument governing cyberspace is expected to build and maintain public trust. This study analyzes the influence of Cyber Law on public trust in using online services through a normative juridical and empirical socio-legal approach. The results show that the effectiveness of Cyber Law in building trust depends on several factors: regulatory clarity, consistency of law enforcement, public legal awareness, and balance between protection and innovation. This study recommends regulatory harmonization, strengthening of cyber law enforcement institutions, and development of alternative dispute resolution mechanisms to increase public trust in online services.
KAJIAN YURIDIS DAMPAK TEKNOLOGI DIGITAL TERHADAP KEPASTIAN HUKUM DALAM TRANSAKSI BISNIS Rahmat Giling; Pandri Zulfikar; Mahmuddin; Dany Wahyu; Nursalim
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.463

Abstract

The development of digital technology has brought about a fundamental transformation in the conduct of modern business transactions. The emergence of blockchain technology, smart contracts, electronic signatures and e-commerce platforms has changed the conventional paradigm of conducting transactions. However, this digital transformation poses significant challenges to legal certainty in business transactions, particularly in relation to legal validity, consumer protection, dispute resolution and jurisdiction. This study aims to analyse the impact of digital technology on legal certainty in business transactions from a legal perspective using a normative legal research method. The results of the study indicate that digital technology has a two-sided impact on legal certainty: on the one hand, it enhances the efficiency and transparency of transactions; on the other hand, it creates legal uncertainty due to regulations that have not yet been able to keep pace with technological developments. This study recommends the need to harmonise national regulations with international standards, as well as the establishment of a specific legal framework for digital transactions to ensure optimal legal certainty.
PENGARUH UU PT TERHADAP KEMITRAAN PERUSAHAAN DENGAN PEMERINTAH Naek Efendi; Pandri Zulfikar; Tugimin Harjotaruno; Asep Mulyana; Dadang Rachmat; Muhammad Ruhunussa
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.488

Abstract

Law Number 40 of 2007 concerning Limited Liability Companies (UU PT) which was amended by Law Number 6 of 2023 (UU PT 2023) provides a new legal framework for the operation of limited liability companies in Indonesia. This change has significant implications for partnerships between companies and government, both in the form of public-private partnerships (KPS), public-private partnership (PPP), and other partnership schemes. This study analyzes the influence of UU PT on partnerships between companies and government using a normative juridical approach and document study. The results show that UU PT 2023 provides greater structural flexibility, strengthening of corporate governance, and shareholder protection that impacts partnership dynamics. However, there are challenges related to harmonization with sectoral regulations, uncertainty in implementation, and governance complexity. This study recommends regulatory synchronization, strengthening of monitoring, and development of technical guidelines to optimize partnerships.
HUBUNGAN SENGKETA DALAM CV STABILITAS OPERASIONAL PERUSAHAAN Juhana Nuryana; Pandri Zulfikar; Rifqi Syifa’ul Qolbi; Muslimin; Hikmat Ansori; Dian Retno Widayati
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.492

Abstract

Commanditaire Vennootschap (CV) is a commercial partnership with unique characteristics involving the separation of roles between managing partners and limited partners. Disputes arising within CV, whether internal or external, significantly impact company operational stability. This study aims to analyze the causal relationship between disputes in CV and company operational stability, and to evaluate effective dispute resolution mechanisms in maintaining business continuity. The research method used is normative legal research with conceptual and statutory approaches. The results indicate that internal disputes between managing partners and limited partners, typically stemming from unclear authority distribution under Article 20 of the Commercial Code, negatively affect financial stability, company reputation, and internal partner relationships. External disputes with third parties, particularly regarding breach of contract and industrial relations disputes, cause operational disruptions, decreased productivity, and financial losses. This study recommends strengthening Alternative Dispute Resolution (ADR) mechanisms, clarifying cooperation agreements, and implementing periodic audits as risk mitigation strategies for CV disputes.
HUBUNGAN HUKUM KONTRAK ELEKTRONIK DENGAN KEAMANAN TRANSAKSI DIGITAL Opik Sepriadi; Pandri Zulfikar; Salman Al Ghifari; Unggul Budi; Ridwan
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.534

Abstract

The development of information and communication technology has encouraged the transformation of conventional transaction systems into electronic-based digital transactions. In modern business practices, electronic contracts have become the main legal instrument used in various digital trade activities, including e-commerce, financial technology, digital banking services, and cross-border transactions. However, the increasing use of electronic contracts also raises various legal issues related to digital transaction security, personal data protection, party authentication, validity of electronic evidence, and cybercrime risks. This study aims to analyze the legal relationship between electronic contracts and digital transaction security from the perspective of Indonesian positive law. The research method used is normative legal research with statutory and conceptual approaches. Sources of legal materials were obtained from laws and regulations, legal doctrines, scientific journals, and relevant court decisions. The results show that electronic contracts have valid legal force as long as they fulfill the legal requirements of agreements as regulated in Article 1320 of the Indonesian Civil Code and the provisions of the Electronic Information and Transactions Law. Digital transaction security is an important element in ensuring legal certainty, consumer protection, and public trust in electronic systems. Therefore, strengthening regulations, improving cybersecurity systems, and harmonizing digital laws are necessary to create a secure, fair, and sustainable electronic transaction ecosystem.
ANALISIS HUKUM TERHADAP KEBIJAKAN PEMERINTAH DALAM PENGEMBANGAN FINTECH DI INDONESIA Imam Fathwa; Pandri Zulfikar; Bayu Triwibowo; Tri Susanto; Ratu Chumairoh Noor
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.536

Abstract

The development of financial technology (fintech) in Indonesia has fundamentally transformed the paradigm of financial services, driving financial inclusion and digital economic growth. The Indonesian government, through the Financial Services Authority (OJK) and Bank Indonesia (BI), has formulated various policies to regulate and develop the fintech ecosystem. However, these policies face complex legal challenges, including the balance between innovation and financial system stability, consumer protection, and alignment with national interests. This study aims to analyze the legal framework of government policies in fintech development in Indonesia, identify regulatory gaps, and formulate improvement recommendations. The method used is normative legal research with statutory, conceptual, and comparative approaches. The results indicate that Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law) provides the main legal umbrella, but its implementation still faces challenges related to fragmented authority, regulatory imbalance between innovation and protection, and limited oversight of new business models such as decentralized finance (DeFi). This study recommends harmonization of regulations across agencies, strengthening of the regulatory sandbox, and establishment of a single fintech supervisory authority to enhance policy effectiveness
PENGARUH HUKUM PERSAINGAN USAHA TERHADAP PLATFORM BISNIS DIGITAL TANTANGAN DAN ADAPTASI REGULASI DI INDONESIA Ahmad Nurafendi; Pandri Zulfikar; Eduardo Retno; Ronny Erlando; Imam Fathwa
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.542

Abstract

The development of digital business platforms in Indonesia has fundamentally changed market structure and business competition dynamics. Digital platforms such as e-commerce, ride-hailing, and fintech bring efficiency and innovation, but also create risks of anti-competitive practices that are not fully accommodated in the existing legal framework. Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition (Competition Law), which has been in force for more than two decades, faces significant challenges in regulating the digital economy characterized by dual roles of platforms, network effects, and two-sided market dominance. This study aims to analyze the influence of competition law on digital business platforms in Indonesia, identify law enforcement challenges, and formulate necessary regulatory adaptations. The method used is normative legal research with statutory, conceptual, and comparative approaches. The results indicate that the Competition Law has not accommodated digital economy dynamics, particularly regarding dual roles of platforms as both marketplace providers and business operators, data-based anti-competitive practices, algorithmic discrimination, and two-sided market dominance. Furthermore, the non-adoption of extraterritoriality principles limits the authority of the Commission for the Supervision of Business Competition (KPPU) in enforcing the law against foreign platforms. This study recommends modernization of the Competition Law, strengthening of KPPU capacity, and establishment of specific digital platform regulations to create a healthy and innovative competition ecosystem.
HUBUNGAN UNDANG-UNDANG PERSEROAN TERBATAS DENGAN PERAN PERUSAHAAN DALAM PELAYANAN MASYARAKAT Bachtiar Kemal Harahap; Pandri Zulfikar; Teddy T Pingak; Akhmad Faishal; M Zaenuddin Ibrahim
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.544

Abstract

Law Number 40 of 2007 concerning Limited Liability Companies (LLC Law) is the main legal foundation for regulating corporate legal entities in Indonesia. Amid rapid economic development, the role of companies is no longer limited to profit-seeking alone, but has evolved into entities that have social responsibility towards society. This study aims to analyze the relationship between the provisions of the LLC Law and the role of companies in public service, identify legal gaps, and formulate an ideal legal construction. The method used is normative legal research with statutory, conceptual, and comparative approaches. The results indicate that the LLC Law has accommodated the role of companies in public service through the regulation of Corporate Social Responsibility (CSR) in Article 74, annual reporting obligations, and protection of stakeholders. However, its implementation still faces challenges related to normative inconsistency, limited scope of CSR obligations, and weak law enforcement. This study recommends regulatory harmonization, expansion of CSR obligations, and strengthening of oversight mechanisms to enhance the effectiveness of the corporate role in public service.