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All Journal FOCUS: Journal of Social Studies Cognitionis Civitatis et Politicae
Dada, Syafrudin Eko Haryanto Kembang
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Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Perspectives on the Online Trade of Imported Secondhand Clothing (Thrifting) Under Indonesian Positive Law Dada, Syafrudin Eko Haryanto Kembang; Rustam, Muhammad Rizal
Cognitionis Civitatis et Politicae Vol. 1 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i4.1342

Abstract

The rapid advancement of technology has revolutionized various business sectors, including the global clothing trade. Alongside new apparel, the importation of secondhand clothing into Indonesia, commonly referred to as "thrifting," has gained popularity due to its affordability. However, this practice has raised concerns regarding its legality and impact on the national economy. This paper examines the legality of buying and selling imported secondhand clothing (thrifting) online from the perspective of Indonesian positive law. Using a normative juridical method, the research reveals that both online and offline thrifting practices violate several regulations, including the Job Creation Law, the Consumer Protection Law, and the Minister of Trade's Regulation on Export and Import Prohibited Goods. Key factors driving the persistence of thrifting in Indonesia include the country's openness to imports and the demand for affordable, high-quality clothing. Despite its growing popularity, thrifting poses significant risks, such as health hazards and detrimental effects on the domestic garment industry.
Pertanggungjawaban Korporasi terhadap Tindak Pidana Siber: Analisis Yuridis terhadap Perlindungan Subjek Data Pribadi (Studi Kasus Putusan Pengadilan Negeri Pangkalpinang Nomor Putusan Nomor 142/Pid.Sus/2024/Pn Pgp Dada, Syafrudin Eko Haryanto Kembang; Heliany, Ina
FOCUS Vol 7 No 1 (2026): FOCUS: Jurnal Kajian Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i1.2165

Abstract

The development of information technology offers significant benefits but also creates serious risks, particularly concerning security and personal data protection. Cybercrime has therefore become a crucial legal issue, as it may involve not only individuals but also corporations as subjects of criminal law. This study examines: (1) the application of corporate criminal liability in cybercrime under positive law, and (2) whether judicial considerations in Decision Number 142/Pid.Sus/2024/PN Pgp reflect justice and legal protection for personal data subjects. This research employs a normative legal method using statutory and case approaches. The findings show that corporations are recognized as criminal law subjects that can be held liable for cybercrimes, including personal data misuse, through sanctions such as fines and other punitive measures. Criminal liability may be imposed based on direct liability, strict liability, or vicarious liability. In the examined case, the court applied the Personal Data Protection Law as lex specialis and imposed imprisonment and fines after considering aggravating and mitigating factors. This decision affirms that both individuals and corporations are subject to criminal liability and highlights the importance of law enforcement in protecting personal data and combating cybercrime.
Co-Authors Heliany, Ina Rustam, Muhammad Rizal