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Nikmah Mentari
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INDONESIA
Perspektif Hukum
Published by Universitas Hang Tuah
ISSN : 14119536     EISSN : 24603406     DOI : https://doi.org/10.30649/ph.v22i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Perspektif Hukum P-ISSN 1411-9536 and E-ISSN 2460-3406 is open-access-peer-reviewed law journal affiliated to Faculty of Law, Hang Tuah University and Publhised by Hang Tuah University, in printed version on 2001. The aims of the journal are to be a medium for legal scholars and practitioners to contribute their ideas resulted from legal research as well as conceptual articles to be disseminated publicly for Indonesian legal development. It is publhised twice a year in May and November. The scope of the articles concern on legal issues involving Maritim Law, International Law, Criminal Law, Private Law, Constitutional Law, Administrative Law, Environmental Law, Technological Issues, and Jurisprudence.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 178 Documents
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Praktik Personal Branding Notaris terhadap Batasan, Etika dan Legalitasnya ditinjau dari Undang-Undang Jabatan Notaris dan Kode Etik Notaris: Notary Personal Branding Practices in Relation to Their Limitations, Ethics, and Legality as Reviewed from the Notary Position Law and Notary Code of Ethics Kurniawan, Arie; Hartanto, Farrel Billie Akmal Fahar Ary; Dewantary, Ariska
Perspektif Hukum VOLUME 25 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i2.498

Abstract

Personal branding, understood as the reputation or "self-brand" of an individual, has become an important concept in professional practice. In the context of notarial practice in Indonesia, efforts to develop personal branding must be carefully balanced against strict legal and ethical constraints. This paper analyzes the practice of personal branding by Indonesian notaries in light of the Notary Position Law (Undang-Undang Jabatan Notaris, UUJN) and the Notary Code of Ethics. Using a normative legal research method with a statute approach and examination of professional ethics, this study reviews relevant regulations, ethical guidelines, and comparative international practices. The findings indicate that while notaries may engage in certain reputational activities such as legal education or informational outreach, direct self-promotion is prohibited. Article 15 paragraph (2) letter e of the Notary Position Law explicitly grants the authority to provide legal counseling which can enhance reputation, but Article 4 paragraph (3) of the Notary Code of Ethics forbids any form of advertising or personal publicity. International comparisons from Spain and France reveal similarly restrictive rules for notary advertising. In conclusion, Indonesian notaries must perform personal branding within the narrow confines allowed by law and ethics, emphasizing professional expertise and public education while avoiding any media-based promotion of their notarial status. These findings aim to guide notaries in promoting their professional image without violating legal or ethical boundaries.
Urgensi Pengaturan Financial Technology: Kewenangan Penghimpunan Dana Masyarakat: The Urgency of Financial Technology Regulation: Authority to Collect Public Funds Kurniawan, Wishnu; Birahayu, Dita
Perspektif Hukum VOLUME 25 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i2.535

Abstract

Technological developments are driving acceleration in all fields, especially financial technology, where the services required for banking products are equivalent to those of banks. In line with current conditions, namely the advent of digital 4.0, financial institutions are beginning to shift to technology-based financial institutions. One of the current advancements in the financial sector is the adaptation of Financial Technology, commonly known as fintech. The implementation of fintech must not be hindered by legal violations due to legal loopholes. This study employs a normative legal approach. Based on this method, a statute approach is used in this study, reinforced by a literature approach. This study was conducted to accelerate the implementation of fintech so that it does not fall into a legal vacuum, thereby preventing problems arising from violations of norms, particularly in the banking sector.  The modernity of financial transactions, especially financial services such as fintech, has violated the provisions of the Banking Law, which in this case is the establishment of business entities that attract public funds in banking institutions. However, to date, there is still a legal vacuum, and with the rapid development of technology, there needs to be a change in regulations related to this issue to prevent a legal vacuum.
The Urgency of Compliance Audit 5.0 Through an Approach to Personal Data Protection Law: Pentingnya Audit Kepatuhan 5.0 Melalui Pendekatan terhadap Undang-Undang Perlindungan Data Pribadi Frendika Suda Utama; Irma Dwi Yulistyani
Perspektif Hukum VOLUME 26 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v26i1.433

Abstract

Datacrime is increasing massively and collectively in the era of Society 5.0. The era of data digitization has given rise to advances in information technology that affect all aspects of human life. The victims not only suffered material losses, but also immaterial. In Indonesia, there are not only cases of crimes against personal data in the financial sector (theft of customer data), but also in the public service sector, namely the leakage of voter data from the Indonesian Election Commission. This study aims to provide a comprehensive picture of personal data crimes, including descriptions of modus operandi and of how compliance audits are conducted from a personal data protection law perspective. The researcher used normative legal research, with a case approach, to explore the series of crimes and to unravel the ratio decidendi of the court's decision. This article also uses a conceptual approach, namely the perspective of Lex Specialist Data, and the regulation of digital data privacy. The technical regulation of data privacy legal aspects in the legal compliance audit aligns with the strengthening of personal data protection laws. The idea of a legal compliance audit through a personal data protection approach helps prevent and even mitigate the risk of data privacy crimes.
Smart Contract Integration In Indonesian Law: Legal Certainty And Data Protection In The Digital Age: Integrasi Kontrak Cerdas dalam Hukum Indonesia: Kepastian Hukum dan Perlindungan Data di Era Digital Syahban Alvian Hamonangan Harianja; Mujiburrohman; Adhika Mahindra Satya
Perspektif Hukum VOLUME 26 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v26i1.446

Abstract

ndonesia's digital economy ecosystem shows an increase in the adoption of blockchain and smart contracts. However, the Civil Code, the Electronic Information and Transactions Law, and the Personal Data Protection Law do not explicitly anticipate contracts executed by code, creating a legal vacuum in terms of definition, validity, technical standards, and governance of accountability. This study aims to (1) analyze the position and validity of smart contracts in Indonesia's civil law system; and (2) analyze legal liability and personal data protection in an immutable and decentralized ecosystem. The method employed is normative legal research, utilizing a legislative, conceptual, and comparative approach, with reference to European Union practices. The results show that the recognition of electronic information or documents and electronic signatures provides a legal basis; however, the absence of clear definitions and minimum clauses weakens contractual certainty, especially in cross-border transactions. Blockchain records have high evidential value as long as reliability parameters accompany them. In the realm of personal data, the tension between data subject rights and immutability can be bridged through privacy by design/default, data minimization at the on-chain layer (off-chain identity), crypto-erasure options, and zero-knowledge proofs, with role mapping of controllers and processors based on functions and data protection impact assessment obligations. Recommendations include legal recognition of smart contracts along with mandatory clauses (choice of law/forum, ADR/ODR levels, escrow/circuit breaker), pre-deployment code audits, change management, and hybrid on-chain/off-chain dispute architecture, as well as the adoption of elements of EU practice (built-in legal/jurisdictional rules and minimum technical safeguards).
Extradition Agreement and Police to Police Cooperation in The Lens of Responsive Law: Perjanjian Ekstradisi dan Kerja Sama Antar Kepolisian dalam Perspektif Hukum Responsif Azzura Fathanul Umara
Perspektif Hukum VOLUME 26 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v26i1.459

Abstract

This study examines the practice of surrendering fugitives between Indonesia and foreign countries, which is primarily conducted through two mechanisms: extradition treaties and police to police (P to P) cooperation under Interpol coordination. This duality raises fundamental questions regarding the differences in legal construction, effectiveness, and the extent to which each mechanism aligns with the principles of responsive law. The purpose of this research is to analyse the normative, procedural, and practical foundations of both mechanisms and to assess how well they reflect the characteristics of a responsive legal system as formulated by Philippe Nonet and Philip Selznick. The research employs a normative legal approach, combining doctrinal analysis of relevant laws and international agreements with theoretical interpretation of the concept of responsive law. The study focuses on provisions in extradition laws, bilateral treaties, and the principles guiding international cooperation by the Indonesian National Police through Interpol channels. The findings indicate that the extradition mechanism, with its formal legal basis and strong inter-state obligations, more closely embodies a responsive legal system by ensuring accountability, transparency, and legal certainty. In contrast, the P to P mechanism—while more flexible and efficient in practice—tends to be pragmatic and does not fully reflect the principles of legal responsiveness. Nevertheless, its flexibility and efficiency make P to P the preferred operational choice for law enforcement agencies in handling cross-border fugitive cases. In short, extradition treaty should be the default choice in an ideal situation where the clauses are applicable and P to P is the choice that can be used when the condition requires flexibility and pragmatism, especially when there is no extradition treaty that can be used as a base to extradite.
Tanggung Jawab Hukum atas Penyalahgunaan Teknologi AI: Studi Kasus Deepfake Prabowo Subianto dalam Modus Bantuan Uang: Legal Liability for the Misuse of AI Technology: The Case of the Prabowo Subianto Deepfake in a Money-Laundering Scheme Sofia; Rina Shahriyani Shahrullah; Ampuan Situmeang
Perspektif Hukum VOLUME 26 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v26i1.550

Abstract

The development of deepfake artificial intelligence technology poses new challenges for Indonesian criminal law because it can be used to digitally manipulate a person’s face, voice, and identity. This study aims to analyze the modus operandi of deepfake AI technology abuse as well as the legal liability of perpetrators in digital fraud crimes. This study employs a normative legal research method using a statutory approach, a case-based approach, and a conceptual approach. The results indicate that the modus operandi of deepfake misuse involves the dissemination of AI-generated manipulative videos featuring President Prabowo Subianto, purporting to offer financial assistance to the public, accompanied by a WhatsApp number to direct victims to communicate with the perpetrator and transfer funds. Legal liability in this case arises because the perpetrator’s actions satisfy the elements of a criminal offense: there is intent, the perpetrator possesses the capacity to be held accountable, and no justifying or exculpatory grounds are found. This criminal liability is based on Article 51(1) in conjunction with Article 35 of the ITE Law and Article 378 of the Criminal Code, while the PDP Law is used as a supporting normative instrument in addressing the misuse of digital identities in the form of faces and voices. This study underscores the importance of strengthening regulations, digital evidence, and harmonizing legal frameworks regarding the misuse of deepfake technology.
Pengarusutamaan Hukum Perubahan Iklim dalam Kurikulum Pendidikan Tinggi Hukum di Indonesia: Mainstreaming Climate Change Law into the Legal Higher Education Curriculum in Indonesia Ilham Dwi Rafiqi; Elsa Diana Fartikasari
Perspektif Hukum VOLUME 26 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v26i1.572

Abstract

Climate change is a global challenge with cross-sectoral impacts, including in the legal realm. Although climate change legal regulations have developed at both the international and national levels, their integration into the Indonesian legal education curriculum remains limited. This study aims to analyze the urgency and momentum of recognizing climate change law in the legal education curriculum, and to identify strategies for integrating climate law substance into legal learning. The method used is normative research with a conceptual approach and a comparison of the curricula of several law schools in Indonesia. The results indicate a gap between the complexity of climate change legal issues and the readiness of legal education institutions to equip students as future legal practitioners who are responsive to global environmental issues. The momentum of increasingly progressive national and international regulations on climate change issues should be utilized by legal education institutions to reform their curricula to be more contextual and interdisciplinary. This study recommends the need to integrate climate change law as a stand-alone course or as part of an environmental law course, as well as strengthening transdisciplinary approaches in legal education to produce adaptive and sustainable graduates.
Corporate Liability Of Banks For Failures In Implementing Green Banking Principles: Tanggung Jawab Korporasi Bank atas Kegagalan dalam Menerapkan Prinsip-Prinsip Perbankan Hijau Rahayu Mulia Romadoni; Nursanti Mardiyati; Aisyah Nikita Permata Putri
Perspektif Hukum VOLUME 26 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v26i1.629

Abstract

The global transition toward a low-carbon economy is driving the adoption of Green Central Banking to integrate environmental risks into financial stability. In Indonesia, the Sustainable Finance mandate requires banks to implement ESG (Environmental, Social, and Governance) principles; however, lending practices to “brown sectors” remain prevalent. This normative legal research analyzes the standing of these principles and maps the legal liability of banks through statutory and conceptual approaches. The results indicate that these principles have transformed from soft law into hard law through OJK (Financial Services Authority) regulations. Non-compliance gives rise to multidimensional liability: administrative via OJK sanctions; civil through the Lender Liability doctrine (Article 1365 of the Indonesian Civil Code) for negligence in due diligence; and criminal regarding involvement in environmental degradation and money laundering risks. The study concludes that current liability mechanisms remain fragmented. Harmonization of regulations and the tightening of environmental legal audit standards in credit distribution are essential to mitigate legal risks and ensure banking compliance with national sustainability targets. The novelty of this research lies in its construction of a unified, multidimensional liability framework—integrating administrative, civil, and criminal law dimensions—specifically within the Indonesian legal context, an analytical synthesis that existing sustainable finance literature in Indonesia has not yet comprehensively addressed. Unlike prior studies that examine OJK regulations or the Lender Liability doctrine in isolation, this research maps the normative intersections between the Banking Law, UU PPLH, and POJK 51/2017 to expose systemic gaps and propose concrete directions for legal harmonization.

Page 18 of 18 | Total Record : 178

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