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Jurnal Wawasan Yuridika
Published by Sekolah Tinggi Hukum Bandung
ISSN : 25490664     EISSN : 25490753     DOI : 10.25072
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Wawasan Yuridika (JWY) is a peer-reviewed journal published by Sekolah Tinggi Hukum Bandung. Jurnal Wawasan Yuridika (JWY) is a Journal published biannually in March and September. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.
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Articles 243 Documents
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Reconstructing Copyright-Based Fiduciary Security in the Digital Economy: An Indonesian Legal Perspective Marsella; Rafiqi; Anne Gunawati; Achamd Jaelani; Hambali
Jurnal Wawasan Yuridika Vol 9 No 2 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v9i2.4483

Abstract

Copyright has been recognized as an object of fiduciary security under Law Number 42 of 1999, yet its implementation continues to face structural barriers. This study aims to identify and analyze the normative and administrative problems that hinder the imposition of fiduciary security over copyright, and to formulate regulatory and institutional reconstruction strategies necessary for enabling copyright to function effectively as collateral within the financing system. The research employs a normative legal specification with a descriptive–analytical design, applying both a statute approach and a conceptual approach. Data were collected through document study and literature review, and analyzed qualitatively by interpreting positive legal norms and administrative documents related to copyright-based fiduciary security. The findings reveal three principal obstacles: the absence of valuation standards, the lack of system integration between the Directorate General of Intellectual Property and the Directorate General of General Legal Administration, and the unavailability of technical protocols for intellectual property transactions. The study recommends strengthening valuation standards, integrating registration systems, and formulating implementing regulations as the basis for reconstructing the use of copyright as an object of fiduciary security. This research contributes theoretically by enriching the discourse on guarantees over intangible assets, practically by offering a regulatory and institutional framework for policymakers and financial institutions, and academically by addressing the gap that links legal norms, institutional capacity, and technical procedures in the imposition of copyright-based fiduciary security.
Consumer ODR Governance Model for Enforceable Redress in Indonesia’s Digital Trade Framework Elyani; Ramlan; Surya Perdana
Jurnal Wawasan Yuridika Vol 9 No 2 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v9i2.4657

Abstract

The growth of digital transactions has increased consumer disputes and created the need for fast, affordable, accountable, and enforceable redress mechanisms. This article examines the regulatory gaps in consumer online dispute resolution within Indonesia’s digital trade framework and makes enforceable procedural standards for consumer redress. This study employs doctrinal legal research using statutory, conceptual, and limited comparative approaches to Indonesian regulations and selected international references, including UNCITRAL, OECD, and EU ADR/ODR instruments. The findings show that existing Indonesian regulations have not yet provided enforceable procedural standards for consumer ODR. This gap arises because the relevant norms remain fragmented across the Consumer Protection Law, Trade Through Electronic Systems regulation, Electronic Information and Transactions regime, Electronic Systems and Transactions regulation, Arbitration and Alternative Dispute Resolution Law, and Personal Data Protection Law. Although these legal regimes provide general bases for consumer dispute resolution, electronic documents, electronic systems, alternative dispute resolution, and personal data processing, they do not specifically regulate authority screening, identity and transaction verification, electronic evidence governance, neutral facilitation, outcome documentation, data protection safeguards within ODR proceedings, and post-settlement compliance. The contribution of this article lies not in proposing a new theory of ODR, but in developing a normative-operational reconstruction of consumer ODR through minimum enforceable procedural standards. Through this reconstruction, consumer ODR is positioned not merely as a digital complaint channel, but as an integrated, traceable, and accountable consumer redress mechanism within Indonesia’s digital trade regulatory framework.
Regulatory Model and Minimum Safeguards for Conditional Prosecution in Corruption Cases Angga Rizky Bagaskoro; Prija Djatmika; Faizin Sulistio
Jurnal Wawasan Yuridika Vol 9 No 2 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v9i2.4655

Abstract

The enactment of Law No. 20 of 2025 on the Criminal Procedure Code has provided a legal basis for deferred prosecution agreements. However, their application in corruption cases still raises questions concerning the limits and minimum safeguards required to prevent prosecutorial discretion from developing into selective leniency. This article examines the juridical implications of conditional prosecution in corruption cases and formulates a regulatory model and minimum safeguards compatible with Indonesia’s anti-corruption framework. This study employs normative legal research using statutory, conceptual, and comparative approaches by examining the United States, the United Kingdom, France, and Singapore. The findings show that the recognition of deferred prosecution agreements must be accompanied by rules that limit the cases eligible for this mechanism and ensure accountability in its implementation. The proposed model places the procedural basis within criminal procedure law, while corruption-specific safeguards are regulated through the anti-corruption regime and technical prosecutorial guidelines. The novelty of this study lies in the formulation of operational minimum safeguards, including eligibility criteria and mandatory exclusions, verified obligations for the recovery of state losses and compliance, judicial validation, transparency and monitoring, as well as legal consequences for breach of the agreement.

Page 25 of 25 | Total Record : 243

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