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Anggraini, Ayu Galuh
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Comparative Analysis between the United States and Indonesia Regarding Product Liability of Food and Beverage Tenants within the Tourism Industry Utomo, Shadrina R. T.; Marlyna, Henny; Anggraini, Ayu Galuh
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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This research analyzes on how the laws in Indonesia and Florida, United States (U.S.) regulate the product liability of tourism entrepreneurs, whether as the food and beverage tenant within the tourism area or as the tourism operator, who have caused tourists to suffer from food poisoning. The Law Number 10 Year 2009 concerning Tourism the obligation for tourism entrepreneurs in providing insurance is only for high-risk tourism businesses. Tourism entrepreneurs in Indonesia have made various safety measures by fulfilling the sanitation and hygiene requirements, and preparing medical protocols. Meanwhile in Florida, tourism entrepreneurs have added accessibility efforts for tourists with special dietary needs, such as food allergies. The product liability in Law Number 9 Year 1999 contains the reversed burden of proof element. Meanwhile, the product liability in the 2024 Florida Statutes has two theories which are the strict liability or negligence. This article concludes that there needs to be a specific regulation for food and beverage tenants within the tourism area in providing compensation for tourists who suffered from food poisoning, and an apportionment of damages for every party liable for the injury.
Praktik Ethical Hacking Untuk Menjamin Keamanan Sistem Sebagai Upaya Mewujudkan Keamanan dan Kerahasiaan Data Pribadi: Studi Komparasi Pengaturan Indonesia dan Kanada Prabhaswari, Amaraduhita Laksmi; Marlyna, Henny; Anggraini, Ayu Galuh
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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In the digital era that is increasingly integrated with electronic systems and technology, issues related to the security and confidentiality of personal data have become a crucial issue, especially in the midst of the increasing number of cyber attacks. The urgency of this protection is increasingly urgent along with the complex use of technology by PSE, both public and private. The practice of ethical hacking by contract based or policy-based emerged as a proactive effort in identifying and addressing security gaps in a system. Although in Canada this practice has been recognized as part of national security policy (RVDP), Indonesia has not yet regulated and opened the policy (/VVIP) to the public. This research aims to analyze ethical hacking arrangements in Indonesia and Canada including protection policies for ethical hackers, both certified and voluntary. The method used is doctrinal research with the approach of existing legislation and policies, and supported by interview data from credible sources. The results show that although Canada and Indonesia both have such policies, Canada's policy is nationally applicable and open as a form of collaboration between the government, PSEs, and ethical hackers, and provides more guaranteed protection for them. Meanwhile, in Indonesia, the policy is still an internal regulation of an institution that is not applicable and binding for the wider community.
Pertanggungjawaban Hukum Pemerintah Terhadap Insiden Siber Kebocoran Data Pribadi Syahrial, Shafira Meutia; Makarim, Edmon; Mahardika, Zahrashafa Putri; Anggraini, Ayu Galuh
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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The United Nations declared the internet a global facility. Over the past decade, the urgency of efforts to protect the safety and security of cyberspace has increased exponentially with numerous malicious cyber incidents impacting infrastructure that provides services to the public. The internet is a communication channel related to the lives of many people, so all countries have a role to protect the internet. The preamble to the 1945 Constitution mandates the formation of a government to protect the Indonesian nation. The government is responsible for state administration based on Article 40 of the ITE Law, particularly in the case of cyber incident involving PDNS personal data leak. This study analyzes the regulations regarding the Government's responsibility for maintaining cybersecurity in electronic public services, the Government's legal responsibility for cyber incident of personal data leak, and the public's legal remedies for losses suffered due to PDNS data leak. This study uses a doctrinal research method. The results of this study are able to clarify who the Government is in Article 40 of the ITE Law. The government in Article 40 of the ITE Law includes all agencies that have affairs and duties related to the security of electronic system. The first agency is the Ministry of Communication and Digital Affairs (Kemenkomdigi) related to electronic system governance and security based on the ITE Law, PP PSTE, Perpres SPBE, Perpres SDI, PDP Law, Perpres Percepatan Transformasi Digital, and Permenkomdigi PSE Lingkup Publik. The second agency is the BSSN related to cybersecurity based on Perpres BSSN, Perpres IIV, and Perpres Keamanan Siber. The third agency is the Indonesian National Police (Polri) related to law enforcement based on the Indonesian National Police Law, ITE Law, KUHP, and PDP Law. The fourth agency is the Ministry of Defense related to cyber defense based on the Minister of Defense Regulation on Cyber Defense Guidelines. The fifth agency is the State Intelligence Agency (BIN) related to cyber intelligence based on Perpres BIN. The sixth agency is the Ombudsman related to oversight of the implementation of public services based on the Ombudsman Law.
Co-Authors Edmon Makarim Mahardika, Zahrashafa Putri Marlyna, Henny Prabhaswari, Amaraduhita Laksmi Syahrial, Shafira Meutia Utomo, Shadrina R. T.