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All Journal Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Journal of Judicial Review Journal of Law and Legal Reform
Budi Santoso
Universitas Diponegoro, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Immutable Digital Timestamp as a Preventive Measure Against Podcast Manipulation: A Normative and Comparative Legal Analysis Ninik Zakiyah; Budi Santoso; Muh. Afif Mahfud; Try Hardyanthi; Noor Kholifah Hidayati
Journal of Judicial Review Vol. 28 No. 1 (2026): June 2026 (Articles in Press)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v28i1.12087

Abstract

The growth of digital audio content distribution through podcast platforms raises concerns about the authentication and integrity of electronic evidence within Indonesia's legal system. Although the ITE Law recognizes electronic information and documents as valid evidence, it has yet to establish clear technical standards for verifying the integrity and publication date of digital content. This article adopts a normative legal approach, using a comparative method to examine the United States and the European Union. In the United States, the authentication of electronic evidence under Federal Rule of Evidence Rule 901 generally accepts hash verification and chain of custody as reliable methods. Meanwhile, the European Union, through Regulation (EU) No. 910/2014 (eIDAS), has institutionalized qualified electronic timestamps as part of its trust services, providing a presumption of data integrity. This comparison shows that Indonesia still follows a reactive evidentiary model and has not yet implemented preventive technical standards. This article proposes a normative reconstruction that requires immutable timestamps and minimum hash standards for implementing regulations as a form of “regulation by architecture” and “compliance by design.” This approach aims to improve legal certainty and accountability without impeding free expression, making the integrity of digital content an integral part of the national legal framework.
Responsibilities and Authorities of External Directors in Family-Owned Companies: A Legal and Islamic Perspective Ria Rindika Oktaviana; Budi Santoso
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i1.10852

Abstract

Family businesses account for 72% of enterprises in Indonesia, many of which operate as Limited Liability Companies (LLCs) to gain legal and financial flexibility. However, a significant governance problem arises when appointing external (non-family) directors; the boundaries of their authority and fiduciary responsibilities are often unclear. This ambiguity leads to legal disputes and diminished strategic roles, especially under the dominance of controlling family members. This study examines the boundaries of external directors' responsibilities in family-owned LLCs through the lens of Islamic law and normative jurisprudence. This qualitative research employs normative legal analysis and Islamic law, using academic literature, legal documents, and classical Islamic texts to explore authority within Limited Liability Companies and analyze using a qualitative descriptive approach. The findings indicate that although Law No. 40 of 2007 regulates fiduciary duties and the ultra vires principle, external directors remain vulnerable to the dominance of family owners. From an Islamic perspective, external directors are regarded as trustees who must uphold honesty (ṣidq), trustworthiness (amanah), and justice (‘adl). The study proposes four key solutions: clear articles of association, protective contracts, independent supervisory boards, and Sharia Advisory Boards. These offer a governance model rooted in legal certainty and Islamic ethics, contributing practical insights for regulators, business owners, and directors in Muslim family enterprises.
Know Your Customer (KYC) Model: A Legal Reform Strategy to Prevent Abuse of Financial Services in Child Sexual Exploitation Transactions Zentoni; Budi Santoso; David M. L. Tobing; Zico Junius Fernando
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.19651

Abstract

KYC (Know Your Customer) is a process undertaken by financial institutions to identify and verify the identity of their customers. The aim is to prevent financial crimes such as money laundering, fraud and terrorist financing. This Know Your Customer (KYC) model can be used as a strategic framework for financial institutions to prevent misuse of financial services including child sexual exploitation transactions that are rampant. The model emphasizes rigorous customer identification, verification and continuous monitoring of transactions to detect suspicious activity. By carefully understanding customer financial behavior, financial institutions can identify anomalies that may indicate illicit activities, including those related to child exploitation. Globally, financial service providers including major banks such as HSBC, JPMorgan Chase, and Citigroup, as well as digital payment platforms such as PayPal and Stripe exemplify and can play a key role in preventing child sexual exploitation. This research uses normative legal research methods. The nature of this research is descriptive-prescriptive. The result of this research states that in the future, financial institutions can implement strict KYC (Know Your Customer) policies, monitor suspicious transactions, and cooperate with law enforcement agencies from various countries. This comprehensive approach not only helps combat child exploitation, but also improves global regulatory compliance, thus maintaining the integrity of the financial system. The implementation of the KYC model involves collaboration with law enforcement and utilizes advanced technology for efficient data analysis and customer monitoring. Ultimately, this model serves to protect vulnerable populations while upholding ethical standards within the financial sector.
Co-Authors David M. L. Tobing Muh. Afif Mahfud Ninik Zakiyah Noor Kholifah Hidayati Ria Rindika Oktaviana Try Hardyanthi Zentoni Zico Junius Fernando