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Analisis Kasus Perikatan: Wanprestasi dalam Putusan Pengadilan Negeri Jakarta Barat Nomor 785/PDT.G/2023/PN.JKT.BRT Putra, Akasyah Rizwan Kurnia; Karo, Erland Zuhdi Karo; Hisyam, Cyrill Milanesta
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17897913

Abstract

 Wanprestasi is the debtor's negligence in fulfilling promised performance as defined in Articles 1234 and 1238 of the Civil Code, including failure to perform what was promised, performing inappropriately, being late, or violating the prohibitions of the agreement. This research uses a normative juridical method with a case study approach based on the West Jakarta District Court Decision Number 785/Pdt.G/2023/PN Jkt.Brt to analyze the multipurpose financing agreement case.The case chronology begins with Multipurpose Financing Agreement Number 70413741911 dated September 6, 2019, between PT Clipan Finance Indonesia Tbk (Plaintiff) and Suryani (Defendant) for the purchase of a BMW 320i worth Rp 1,009,620,000 with installments of Rp 16,827,000 per month for 60 months, secured by fiduciary. The Defendant stopped paying after the 20th installment on May 6, 2021. The Plaintiff sent warning letters on May 14 and 22, 2021. The vehicle became evidence of a pyramid scheme crime according to Supreme Court Decision Number 583 K/KPid.Sus/2022. The Plaintiff sued for breach of contract with a demand of more than IDR 1.5 billion plus IDR 500 million in immaterial damages, confiscation, and execution of fiduciary duties. The trial was cancelled because the Defendant failed to appear despite being legally summoned; the judge acknowledged the agreement as valid by considering Articles 1320 and 1338 of the Civil Code, and the breach of contract was proven from Exhibits P-1 to P-19. However, the lawsuit was not ontvankelijk verklaard because the calculation of material losses (0.4%/day fine, penalties, etc.) had no clear legal basis. 
Urgensi Penerapan UU PDP Nomor 27 Tahun 2022 dalam Pertanggungjawaban Hukum atas Kasus Kebocoran Data NPWP Kaharuddin, Kaharuddin; Fakhirah, Nindia Rifdah; Hisyam, Cyrill Milanesta; Wirasmara, Aura Prameswari
Takuana: Jurnal Pendidikan, Sains, dan Humaniora Vol. 4 No. 3 (2025): Takuana (October-December)
Publisher : MAN 4 Kota Pekanbaru

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56113/takuana.v4i3.249

Abstract

Technological advancements and the growing digitalization of public services have significantly increased the processing of citizens’ personal data.. However, this situation also increases the risk of data leaks, as demonstrated by the leak of Taxpayer Identification Numbers (NPWP) that has affected millions of individuals since September 2024. This study examines the regulatory framework for personal data protection based on Law No. 27 of 2022, evaluates the urgency of its implementation in preventing and responding to data breaches, and analyzes the legal implications for parties that fail to protect personal data. Using a normative juridical method and a statutory approach, the findings show that Law Number 27 of 2022 provides comprehensive regulations for all stages of personal data management and imposes administrative, civil, and criminal sanctions for violations. However, law enforcement still faces challenges in the form of low public legal awareness, weak monitoring mechanisms, limited cross-sector coordination, and the absence of precedents for imposing sanctions and strict legal accountability mechanisms in data breach cases such as NPWP, so that the restoration of data owners' rights has not been optimal. Therefore, strengthening institutional capacity and improving public education are crucial to ensuring effective protection of citizens' privacy in the digital age.