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LEGAL POSITION OF PAYLATER AS A PAYMENT METHOD IN INDONESIA David Banjarnahor; Alifah Nur Fitriana Naridha Naridha; Tengku Andrias Prayudha; Sy. Muhamamad Ikhsan; Auliya Rochman
Authentica: Private Law Journal Vol 8 No 2 (2025): Vol 8 No 2 (2025)
Publisher : Fakultas Hukum Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/aplj.v8i2.17343

Abstract

This study examines the perspective of the juridical status of the implementation of the payment system and its legality dimension in social practice using the statute approach and conceptual approach methodology. To examine the problem of this research method, it uses normative juridical by using a conceptual approach to review and study the research topics raised. The findings indicate that the increasing adoption of payout immediately raises new complexities in users' understanding of rights and obligations in digital contracts. Regulatory uncertainty makes consumers vulnerable to debt traps due to the consequences of late payments, and the risk of personal data leakage increases as the use of pay later services is not equipped with adequate data protection. It is time for Bank Indonesia and the Financial Services Authority to be clearer in identifying concrete steps to improve financial literacy and consumer supervision in line with the development of increasingly developing and innovative pay laters. Based on a comprehensive analysis, it can be concluded that the legal position of the payout mechanism is equivalent to traditional credit agreements in general.
The regulator’s dilemma in proving algorithmic cartels against the principle of fair competition in the digital economy era Tengku Andrias Prayudha; David Banjarnahor; Auliya Rochman; Sy. Muhammad Ikhsan; Alifah Nur Fitriana Naridha
Priviet Social Sciences Journal Vol. 5 No. 12 (2025): December 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i12.1064

Abstract

The rapid development of the digital economy, marked by the adoption of pricing algorithms, has introduced new dynamics to Indonesia's competition law landscape. Algorithmic systems enable autonomous price setting based on market data learning without direct human intervention. This condition potentially gives rise to algorithmic cartels, a form of market coordination occurring without explicit agreement, yet producing anti-competitive effects similar to conventional cartels. The national legal framework, specifically Law No. 5 of 1999 and KPPU Regulation No. 4 of 2010, remains inadequate to address this phenomenon, as it is still anchored to a traditional paradigm requiring the element of “agreement” as a prerequisite for proving violation. This study aims to analyze the dilemma faced by the regulator (KPPU) in proving the existence of algorithmic cartels against the principle of fair competition in the digital era. Employing a normative juridical approach, this study examines relevant legislation, academic literature, and international policies from the OECD and European Commission. The findings indicate a regulatory gap in Indonesia's competition law regarding proof involving autonomous systems. Furthermore, the KPPU faces conceptual and technical obstacles in determining legal intent (legal intent) and the validity of digital evidence derived from algorithmic systems. The study concludes that proving algorithmic cartels must shift from an intent-based approach to an effects-based approach, which focuses on assessing the economic impact on market structure and consumer welfare. Therefore, strategic recommendations include reinterpreting the element of “agreement” in Article 1, paragraph 7, and Article 11 of Law No. 5 of 1999 to encompass algorithmic coordination that generates anti-competitive effects. Additionally, the KPPU is mandated to develop digital evidence guidelines and strengthen the multidisciplinary institutional capacity to effectively oversee algorithmic behavior. These steps are crucial for Indonesian competition law to adapt to the realities of the digital economy while ensuring justice and legal certainty.
Phubbing in Social Interaction: A Phenomenological Study on the Urban Young Generation in Pontianak Zulkarnain; Muhammad Sadikin; Auliya Rochman
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS)
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i2.7593

Abstract

The rapid advancement of digital technology has significantly changed the pattern of social interaction, especially among urban youth. One form of this transformation is "phubbing". It is a behavior in which individuals ignore others who are physically present because they are too focused on the smartphone. This study aims to understand "phubbing" as a new cultural pattern in the social interaction of urban youth in Pontianak. Using a qualitative phenomenological approach, this study involved ten informants aged 18-25 years who actively used smartphones and had experienced phubbing, both as perpetrators and recipients. The results of the study show that phubbing has become socially normalized and integrated into everyday life, reflecting shifts in social values and norms of interaction. Although it is often considered a routine, phubbing also creates the ambivalence of being accepted and hated. This study shows that phubbing is more than just a digital habit but is also a cultural practice that redefines presence, attention, and social relationships in the digital age.
Konstruksi Hukum Rahasia Dagang Berbasis Tacit Knowledge di Tengah Mobilitas Barista Coffee Shop Sy. Muhammad Ikhsan; Alifah Nur Fitriana Naridha; David Banjarnahor; Auliya Rochman; Tengku Andrias Prayudha
Locus Journal of Academic Literature Review Vol 5 No 7 (2026): July
Publisher : LOCUS MEDIA PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56128/ljoalr.v5i7.1110

Abstract

Pertumbuhan coffee shop di Kota Pontianak yang telah mencapai lebih dari seribu unit usaha mendorong tingginya mobilitas barista antarkedai kopi, sebuah fenomena yang berpotensi menimbulkan sengketa rahasia dagang atas resep, teknik racikan, dan standar operasional prosedur yang bersifat tidak terdokumentasi (tacit knowledge). Artikel ini bertujuan menganalisis kedudukan hukum tacit knowledge dalam rezim rahasia dagang Indonesia serta merumuskan konstruksi hukum yang ideal untuk melindunginya. Penelitian ini menggunakan metode yuridis normatif dengan pendekatan perundang-undangan, konseptual, dan perbandingan hukum. Hasil penelitian menunjukkan bahwa Undang-Undang Nomor 30 Tahun 2000 tentang Rahasia Dagang secara normatif telah mengakomodasi informasi tidak terdokumentasi sepanjang memenuhi unsur kerahasiaan, nilai ekonomi, dan upaya menjaga kerahasiaan, namun penerapannya pada UMKM coffee shop menghadapi kendala pembuktian karena minimnya dokumentasi tertulis dan ketiadaan perjanjian kerahasiaan formal. Perbandingan dengan Trade Secrets Directive Uni Eropa dan Defend Trade Secrets Act Amerika Serikat menunjukkan pentingnya keseimbangan antara perlindungan rahasia dagang dan mobilitas tenaga kerja. Artikel ini merekomendasikan penguatan klausul kerahasiaan yang proporsional serta dokumentasi minimal bagi pelaku UMKM coffee shop.
Environmental Justice and Land Rights: Analyzing the Impact of the 1945 Constitution and the Law on Agrarian Reform in Climate Adaptation Policies Auliya Rochman; Rossa Delima; Vandana Sharma; Liu Zhi Qing
Indonesian Climate Justice Review Vol. 2 No. 2 (2025): April, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/d18ewa66

Abstract

This paper analyzes the intersection of environmental justice, land rights, and climate adaptation policies in Indonesia, focusing on the impact of the 1945 Constitution and the Law on Agrarian Reform (UU No. 5/1960) in shaping land use and access amidst climate change challenges. As Indonesia faces escalating climate impacts such as flooding, droughts, and coastal erosion, land rights become a crucial element in both environmental justice and adaptation strategies. The 1945 Constitution, which enshrines land as a state asset with the potential for distribution to achieve social justice, and the Agrarian Reform Law, which aims to redistribute land for the benefit of landless peasants, are key legal frameworks that govern land use and ownership. This study examines how these legal instruments intersect with climate adaptation policies, particularly in the context of marginalized communities that are disproportionately affected by environmental degradation and land dispossession. Using a combination of legal analysis, case studies, and interviews with affected communities, the research explores how land tenure systems, agrarian reform policies, and climate adaptation measures can be harmonized to promote both environmental sustainability and social equity. Findings indicate that while the 1945 Constitution and the Agrarian Reform Law offer potential tools for advancing land justice, their implementation often falls short, particularly in the face of growing pressures from development projects, deforestation, and corporate land grabs. The paper argues that integrating environmental justice into land rights policies is essential for effective climate adaptation, particularly for vulnerable populations who rely on secure land tenure for their livelihoods and resilience.
Land, Custom, and Investment: Contesting Indigenous Peoples’ Rights in Agrarian Conflicts in West Kalimantan Auliya Rochman
Lentera Masyarakat Hukum Vol. 3 No. 3 (2026): July, 2026
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/1wejk660

Abstract

The expansion of plantation and natural-resource investments in West Kalimantan has generated legal tensions between indigenous peoples’ rights, investment interests, and state authority over land. Agrarian conflicts in this context are not merely disputes over formal ownership but also involve identity, historical territorial control, and customary norms embedded within local communities. This study aims to examine how indigenous peoples’ rights are positioned in agrarian conflicts involving investment interests and how state legal mechanisms respond to claims based on customary law. The research adopts a socio-legal approach by combining normative analysis of land and indigenous peoples’ legal frameworks with empirical inquiry involving community members, government officials, and business actors. Legal pluralism is employed as an analytical framework to understand tensions between state law and customary norms. The study argues that agrarian conflicts are likely to persist when legal recognition of indigenous peoples remains primarily normative without operational mechanisms defining territories, legal subjects, and enforceable rights. Meaningful conflict resolution therefore requires participatory recognition mechanisms, customary-territory mapping, investment-process transparency, and dispute-resolution mechanisms capable of incorporating indigenous perspectives. Such an approach would strengthen legal certainty while simultaneously promoting social justice and more legitimate natural-resource governance.
Corruption and Social Inequality: How the Poor Pay the Price Ridwan Arifin; Auliya Rochman; Fatima Nayla Husna; Indah Sri Utari
Indonesian Anti Corruption Studies Vol. 1 No. 3 (2024): September, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/yvr01604

Abstract

Corruption disproportionately affects marginalized and economically vulnerable populations, exacerbating social inequalities. This paper examines the relationship between corruption and social inequality in Indonesia, focusing on how corrupt practices in public service delivery and resource allocation impact poor communities. Utilizing mixed methods—including household surveys, interviews with affected individuals, and policy analysis—the study investigates the mechanisms through which corruption deepens poverty and restricts access to essential services such as healthcare, education, and social assistance. Findings demonstrate that corruption creates significant barriers for the poor, including increased costs, reduced service quality, and exclusion from benefits. These outcomes perpetuate cycles of disadvantage and undermine social cohesion. The paper contributes to international scholarship by highlighting the intersection of corruption and inequality, emphasizing the need for anti-corruption policies that explicitly address social justice concerns. It calls for integrated approaches that combine governance reform with poverty alleviation strategies to ensure equitable development and strengthen democratic accountability.
Corruption and Access to Justice for Marginalized Communities Ridwan Arifin; Auliya Rochman; Souad Ahmed Ezzerouali; Varun Chhachhar
Indonesian Anti Corruption Studies Vol. 2 No. 4 (2025): December, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/169rv307

Abstract

Access to justice is a fundamental right often compromised by corruption, especially for marginalized communities in Indonesia. This paper investigates how corrupt practices within the judicial and law enforcement systems impede equitable access to justice. Drawing on case studies, interviews with affected communities, and legal analysis, the study exposes barriers such as bribery, biased adjudication, and procedural delays that disproportionately disadvantage vulnerable groups. The research underscores the intersectionality of corruption, social exclusion, and legal inequality, advocating for reforms that enhance transparency, legal aid, and community empowerment. By linking corruption to justice access, the paper enriches the scholarly debate on social justice and governance in developing democracies.