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All Journal CITIZEN: Jurnal Ilmiah Mulitidisiplin Indonesia Priviet Social Sciences Journal jle
Pendang, Serlita Ruben
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Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Doctrine of Unlawful Acts in E-Commerce Consumer Protection Pendang, Serlita Ruben
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.354

Abstract

The development of digital technology has driven an increase in transactions through e-commerce platforms. However, this dynamic has also given rise to various violations of consumer rights, such as fraud, goods not as described, and misuse of personal data. This study aims to analyze the application of the doctrine of unlawful acts (PMH) in resolving disputes regarding consumer rights violations on e-commerce platforms. The method used is normative legal research with a statutory, conceptual, and case-based approach. The results show that the elements of PMH as stipulated in Article 1365 of the Civil Code can be applied to cases of consumer rights violations, whether committed by business actors or third parties. Furthermore, developments in jurisprudence have broadened the definition of PMH, allowing consumers to claim compensation not only when there is a violation of the law, but also when business actors act contrary to the principles of propriety, morality, and good faith. Thus, the PMH doctrine can be an important instrument in consumer protection in the digital era, although more stringent specific regulations regarding e-commerce are still needed.
The Doctrine of Unlawful Acts in E-Commerce Consumer Protection Pendang, Serlita Ruben
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.354

Abstract

The development of digital technology has driven an increase in transactions through e-commerce platforms. However, this dynamic has also given rise to various violations of consumer rights, such as fraud, goods not as described, and misuse of personal data. This study aims to analyze the application of the doctrine of unlawful acts (PMH) in resolving disputes regarding consumer rights violations on e-commerce platforms. The method used is normative legal research with a statutory, conceptual, and case-based approach. The results show that the elements of PMH as stipulated in Article 1365 of the Civil Code can be applied to cases of consumer rights violations, whether committed by business actors or third parties. Furthermore, developments in jurisprudence have broadened the definition of PMH, allowing consumers to claim compensation not only when there is a violation of the law, but also when business actors act contrary to the principles of propriety, morality, and good faith. Thus, the PMH doctrine can be an important instrument in consumer protection in the digital era, although more stringent specific regulations regarding e-commerce are still needed.
Analisis Yuridis terhadap Perbuatan Melawan Hukum dalam Kasus Pelanggaran Privasi Data Pribadi di Internet : Legal Analysis of Unlawful Acts In Cases of Personal Data Privacy Violations on The Internet Liem, Cecilia Chrysilla; Putri, Nadia Herdiana; Pendang, Serlita Ruben; Sinaga, Irene Puteri A. S
Citizen : Jurnal Ilmiah Multidisiplin Indonesia Vol. 5 No. 6 (2025): CITIZEN: Jurnal Ilmiah Multidisiplin Indonesia
Publisher : DAS Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53866/jimi.v5i6.1068

Abstract

The development of information technology has made it easier to access and exchange data, but on the other hand, it has also increased the risk of personal data privacy violationson the internet. Privacy violations can cause both material and immaterial losses to individuals, so these actions can be classified as unlawful acts (onrechtmatige daad). This study aims to analyze the legal responsibility of perpetrators of personal data privacy violations on the internet from the perspective of Indonesian civil law and examine the application of relevant legal provisions, particularly Article 1365 of the Civil Code and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The research method used is normative juridical with a statutory and conceptual approach. The results show that violations of personal data privacy on the internet fulfill the elements of an unlawful act because they violate personal rights (privacy rights) guaranteed by law. The PDP Law strengthens the position of victims by providing the right to claim compensation and clarifying the legal responsibilities of controllers and processors of personal data.
The identification of beneficial owners through the application of the doctrine of piercing the corporate veil by judges Zulmawan, Wawan; Khaliza, Ashila Raisya; Suhendra, Christabel Daniella; Pongsirinding, Fisa Ande’; Inly, Naomi; Dante, Russell; Pendang, Serlita Ruben
Priviet Social Sciences Journal Vol. 6 No. 5 (2026): May 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i5.1820

Abstract

Corporate crime, such as corruption, is currently on the rise, one example being the practice of concealing identities through the pretext of beneficial ownership and nominee agreements. This issue requires law enforcement to focus not only on the formal corporate structure but also on tracing the parties who actually control and benefit from the corporation. This study aims to analyze the legal status of nominee agreements and the importance of beneficial ownership transparency in closing loopholes in corporate law in Indonesia. It also analyzes the application of the "piercing the corporate veil" doctrine in Supreme Court Decision Number 4950 K/Pid.Sus/2023. The method used in this research is normative juridical, using statutory, conceptual, and case study approaches. This study explains that although regulations regarding beneficial ownership exist, their implementation is still not fully implemented, primarily due to low awareness of reporting compliance and the continued prevalence of nominee practices. Based on existing decisions, the Supreme Court outlines a more progressive approach by applying the "piercing the corporate veil" doctrine to hold beneficial owners criminally liable, even if they are not listed in the company structure. This shifts from a normative approach to the application of substantive law. Therefore, there is a need for strengthening regulations, increasing oversight, and ensuring data integrity between institutions so that transparency and accountability of beneficial owners can truly be realized and are no longer exploited as loopholes for corruption. Keywords: beneficial owner, corporate corruption, criminal liability, nominee agreement, piercing the corporate veil.
Co-Authors Dante, Russell Inly, Naomi Khaliza, Ashila Raisya Liem, Cecilia Chrysilla Pongsirinding, Fisa Ande’ Putri, Nadia Herdiana Sinaga, Irene Puteri A. S Suhendra, Christabel Daniella Zulmawan, Wawan