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All Journal PATTIMURA Legal Journal SASI Journal of Law and Legal Reform
Soplantila, Valentino Dinatra
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Law, Crime, Criminology & Criminal Justice

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Hybrid Model of Personal Data Protection for Consumers in Digital MSMEs: A Comparative Study of Indonesian and China Regulations Hetharie, Yosia; Ikhwansyah, Isis; Rahmawati, Ema; Soplantila, Valentino Dinatra
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22388

Abstract

The protection of consumers’ personal data in digital MSME (Micro, Small, and Medium Enterprises) businesses poses a significant challenge in the era of digital transformation, particularly amid the rising cases of data breaches in Indonesia. Although Law No. 27 of 2022 on Personal Data Protection (PDP Law) has come into effect, its implementation still faces numerous obstacles, especially for MSMEs that are limited in terms of resources and technological understanding. By comparison, China, through its Personal Information Protection Law (PIPL), enforces strict supervision combined with AI-driven compliance technologies. This study aims to analyze the effectiveness of personal data protection frameworks in Indonesia and China and to propose a hybrid model that integrates government regulations with technological solutions. The research employs a normative juridical method using statutory, conceptual, and comparative law approaches, relying on secondary data such as regulations, academic journals, and policy documents. The findings indicate that adopting a hybrid model for the protection of consumers’ personal data in digital MSME businesses could serve as an effective solution. This model merges a compliance-based approach, as adopted under Indonesia’s PDP Law, with the strict oversight mechanisms implemented under China’s PIPL. By adapting mechanisms such as mandatory registration, periodic audits, and technology-based compliance incentives, Indonesia could enhance transparency, accountability, and data security within its digital MSME ecosystem.
Restorative Justice Arrangements in Civil Law, Common Law, and Indonesian Legal Systems Apituley, Lilian Gressthy Florencya; Baroto, Wishnu Agung; Soplantila, Valentino Dinatra
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.3270

Abstract

Introduction: This article will outline how the application of restorative justice in the civil law system, the common law system, and the Indonesian legal system compares.Purposes of the Research: This study aims to provide a comprehensive comparison of the regulation and implementation of restorative justice across three legal systems - civil law, common law, and Indonesia’s hybrid legal system - and to identify best practices and challenges that can inform the development of restorative justice in diverse legal contexts.Methods of the Research: The study uses a normative legal method, combining a legal concept approach to examine the philosophical and ethical foundations of restorative justice with a statutory approach to analyze formal legal mechanisms. This methodology links legal theory with practice while highlighting the integration of normative principles within Indonesia’s socio-cultural context, including Pancasila and customary law.Results of the Research: This study compares restorative justice implementation in civil law, common law, and Indonesia’s legal system. Civil law is rigid and procedural, while common law allows flexible mechanisms such as victim–offender mediation. In Indonesia, despite Supreme Court Rule Number 1 of 2024, challenges include limited understanding among law enforcement, inconsistent application, and insufficient institutional support. Strengthening implementation requires harmonized regulations, professional training, community-based mechanisms rooted in local wisdom and customary law, and public awareness. Indonesia’s model highlights a transformative approach that integrates restorative principles with national values of humanity, justice, and social harmony.
Default in Online Lending: A Legal Review of Standard Clauses and Consumer Protection Against Breach of Contract Claims Tantaru, Fernando; Soplantila, Valentino Dinatra
PATTIMURA Legal Journal Vol 4 No 3 (2025): December 2025 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v4i3.20219

Abstract

Introduction: This article examines the legal challenges surrounding Default (failure to repay) in online lending agreements dominated by standard clauses. The rapid growth of digital financial services has enabled wider access to credit; however, this convenience is not matched by equitable legal protection for debtors. In practice, delayed repayments are immediately treated as default, without considering whether the agreement itself was substantively fair. Purposes of the Research: The purpose of this study is to analyze the legal standing of debtors who commit galbay in contracts made using standard clauses that tend to favor creditors. This study also aims to evaluate whether such defaults can be directly categorized as breach of contract under Indonesian law, and to explore possible legal reform to enhance consumer protection. Methods of the Research: This research applies normative juridical methods, with a statutory and conceptual approach. The study refers to provisions in the Indonesian Civil Code, Consumer Protection Law, constitute violations of the Electronic Information and Transactions Law, and Financial Services Authority regulations, while also applying theories such as contractual justice, good faith doctrine, and equilibrium contract theory. Data are obtained from legislation, legal doctrine, literature review, and court rulings. Results Main Findings of the Research: The findings show that the debtor’s legal position in online lending is structurally disadvantaged due to unequal bargaining power and the use of exploitative standard clauses. This study argues that Default cannot be directly equated with breach of contract because essential elements of valid default - such as genuine consent and proper notification - are often absent. The novelty of this research lies in its critical framing of online lending default as a structural, rather than individual, failure, thereby requiring a justice-oriented interpretation to prevent systemic exploitation.
Co-Authors Apituley, Lilian Gressthy Florencya Baroto, Wishnu Agung Ema Rahmawati Hetharie, Yosia Isis Ikhwansyah Tantaru, Fernando