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Putra, Moody R. Syailendra
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Law, Crime, Criminology & Criminal Justice

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THE ROLE OF THE CONSUMER DISPUTE RESOLUTION AGENCY IN BREACH OF PERFORMANCE DISPUTES UNDER THE CONSUMER PROTECTION LAW Yuwono, Excel Febrianka; Putra, Moody R. Syailendra
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1813

Abstract

Globalization and modern economic development not only bring opportunities but also generate new challenges in the relationship between consumers and business actors. One of the dispute resolution mechanisms regulated under Law No. 8 of 1999 on Consumer Protection is the Consumer Dispute Resolution Agency as a non-litigation forum. This study aims to analyze the Consumer Dispute Resolution Agency’s authority in adjudicating default disputes and the implications of Supreme Court Decision No. 275 K/Pdt.Sus-BPSK/2024 for consumer protection. The research method applied is normative juridical with statutory, conceptual, and case study approaches. The findings reveal that the Consumer Dispute Resolution Agency is authorized to resolve consumer disputes through mediation, arbitration, or conciliation, but not pure contractual defaults, which fall under the jurisdiction of civil courts. The Supreme Court decision confirms that default disputes in sales contracts cannot be categorized as consumer disputes, thereby excluding the Consumer Dispute Resolution Agency’s jurisdiction. This situation creates challenges because consumers who suffer losses due to default cannot obtain optimal protection through the Consumer Dispute Resolution Agency. Moreover, the lack of executorial power for the Consumer Dispute Resolution Agency decisions further undermines its effectiveness as a quasi-judicial body. Therefore, strengthening regulations and harmonizing the Consumer Protection Law with civil law are essential to ensure that the Consumer Dispute Resolution Agency can function more effectively in providing legal certainty and consumer protection.
CRIMINAL LIABILITY OF PERPETRATORS OF SIM CARD REGISTRATION DATA HACKING UNDER THE EIT LAW AND THE PDP LAW Putri, Inayah Fasawwa; Putra, Moody R. Syailendra
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1909

Abstract

The 2022 incident involving the leakage of 1.3 billion SIM card registration data severely undermined public trust in personal data security in Indonesia. This incident revealed weaknesses in data governance and the suboptimal implementation of legal protection for digital privacy. This study aims to analyze the criminal liability of perpetrators involved in the hacking of SIM card registration data based on Law Number 1 of 2024 concerning Electronic Information and Transactions (EIT Law) and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The research employs a normative juridical method with statutory and case approaches. The findings indicate that both laws have different scopes and approaches yet are mutually complementary: the EIT Law emphasizes unauthorized access and disruption of electronic systems, while the PDP Law focuses on the unlawful misuse and disclosure of personal data. The combination of both laws provides a crucial legal foundation to prosecute data hacking perpetrators, although in practice, challenges remain in digital evidence collection, normative disharmony, and inter-agency coordination. Effective law enforcement requires harmonization in the application of both laws, the strengthening of digital forensic capacity, and the establishment of a strong and independent data protection authority.
JUSTICE IN THE DISTRIBUTION OF MARITAL PROPERTY UPON THE DISSOLUTION OF MARRIAGE Handayani, Septi Audina; Putra, Moody R. Syailendra
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1928

Abstract

In marriage, there is joint property that is included in the marital property owned by the couple in the marriage. Indonesia regulates this marital property in several regulations, one of which is Law Number 1 of 1974 concerning Marriage. Joint property is property acquired during marriage by the husband and wife. The existence of property in marriage often becomes a problem when the couple divorces. Divorce can be the beginning of problems regarding property in marriage. Regarding the division of property, it cannot be done arbitrarily, but must be emphasized in terms of fairness. In this regard, the Marriage Law gives freedom to every divorced couple who wish to divide their joint property according to their respective laws. In the provisions of the Marriage Law, joint property, personal property, and earned property are types of property in marriage. This study aims to analyze the legal provisions on joint property in the Marriage Law and the Compilation of Islamic Law, as well as the division of property for divorced couples, which must be based on fairness. This study uses a normative juridical research method through a legislative approach based on written laws in Indonesia as the legal material used.
Co-Authors Handayani, Septi Audina Putri, Inayah Fasawwa Yuwono, Excel Febrianka