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irham virdi
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Technology and Economics Law Journal
Published by Universitas Indonesia
ISSN : -     EISSN : 28286294     DOI : https://doi.org/10.21143/TELJ
Core Subject :
The Technology and Economics Law Journal aims to accelerate legal scholars and professionals to provide written reviews on the latest developments and problems in Economic and Technology Law in Indonesia. The Technology and Economics Law Journal provides a covering focus covering: Law: Commercial Law. Law: Intellectual Property Law. Law: Technology Law. Law: Other Law.
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Articles 46 Documents
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Tindak Pidana Korupsi Yang Dilakukan Oleh Notaris Atas Penyalahgunaan Wewenang Dalam Penerbitan Covernote Untuk Pencairan Kredit (Studi Putusan Pengadilan Tinggi Medan Nomor 9/Pid.sus-Tpk/2023/Pt.mdn) Siti Nabila, Marcellina
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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This paper analyzes the role of covernotes in credit agreements and the consequences of notaries' abuse of authority, leading to corruption. This paper uses a doctrinal research method. A covernote is a written statement containing a notary's promises or commitment to complete their duties, regarding requirements that have not been met by the parties to issue a deed. The Law on Notary Publics does not contain any regulations or mention of covernotes. The existence of covernotes arises from the urgent need for banks to provide temporary documentation for executing credit agreements. Bank Indonesia Regulation Number 20/8/PBI/2018 concerning the Loan-to-Value Ratio for Property Loans, the Financing-to-Value Ratio for Property Financing, and Down Payments or Motor Vehicle Financing specifically authorizes notaries to issue covernotes. In carrying out their duties and authorities, notaries must adhere to the Law on Notary Publics and the Notary Code of Ethics. In carrying out legal acts, notaries are responsible for all their actions. If a notary commits an act that violates the law, they can be held accountable for their mistakes, whether administratively, under the code of ethics, civil law, or criminal law. If a notary's actions result in financial losses to the state, they can be charged with corruption.
DISPARITAS PENGENAAN SANKSI DENDA OLEH KOMISI PENGAWAS PERSAINGAN USAHA ATAS KETERLAMBATAN NOTIFIKASI PENGAMBILALIHAN SAHAM Yoelandani, Metta
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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This research discusses the disparity in the imposition of administrative sanctions in cases of late notification of share acquisitions within the framework of Competition Law in Indonesia. However, in practice, disparities in the imposition of sanctions between cases are frequently encountered, caused by the absence of clear provisions detailing the calculation of administrative sanctions for business actors who are late in submitting notifications. In several cases, it was found that business actors with longer delays were subjected to lighter fines compared to those with shorter delays, thereby creating disparities in the imposition of sanctions. The purpose of this research is to examine the regulation of notification obligations and administrative sanctions in cases of late notification of share acquisitions, as well as to analyze the considerations of the Commission Council in KPPU Decision No. 07/KPPU-M/2024, KPPU Decision No. 10/KPPU-M/2024, and KPPU Decision No. 12/KPPU-M/2022 regarding the differences in administrative sanctions imposed. In addition, this study also describes the regulation of fines for cases of delayed notification of share acquisitions in South Korea. The results of this research indicate that disparities in the imposition of administrative sanctions may occur, among others, due to factors considered to be mitigating or aggravating circumstances according to the Commission Council’s considerations. The research method used is doctrinal and complemented by interviews with resource persons as supporting reference materials.
The Potential of Protection System of Curator and Administrator Profession in Indonesia (Comparative Analysis of Curator and Notary Profession in Indonesia) Ghassani Yudistira, Banat Aghniya
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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This thesis explores the potential need for a protection system for curators and administrators in Indonesia’s bankruptcy proceedings, highlighting their vulnerability to criminalization despite fulfilling roles mandated by law. The study begins by outlining the duties and responsibilities of curators and administrator under Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (UU KPKPU), emphasizing their legal obligation to manage and settle bankrupt assets independently and without conflict of interest. However in practice, curators and administrators often face legal threats and being criminalized, including police reports and criminal charges, merely for executing duties outlined in the statute. In contrast, legal professions such as notaries enjoy procedural protections through the Notary Supervisory Council, as regulated in Law No. 2 of 2014 on the Notary Office. This research employs a normative legal method, comparing statutory provisions and analyzing real-world cases of curator criminalization. By drawing comparisons with the notary profession, the thesis argues for the institutionalization of similar protection mechanisms for curators and administrators. The goal is to reduce legal uncertainty and ensure these professionals can perform their duties effectively without fear of personal legal repercussions. Ultimately, the study recommends the integration of supervisory bodies and procedural safeguards into the existing bankruptcy law framework to uphold fairness and legal protection.
Comparative Analysis between the United States and Indonesia Regarding Product Liability of Food and Beverage Tenants within the Tourism Industry Utomo, Shadrina R. T.; Marlyna, Henny; Anggraini, Ayu Galuh
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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This research analyzes on how the laws in Indonesia and Florida, United States (U.S.) regulate the product liability of tourism entrepreneurs, whether as the food and beverage tenant within the tourism area or as the tourism operator, who have caused tourists to suffer from food poisoning. The Law Number 10 Year 2009 concerning Tourism the obligation for tourism entrepreneurs in providing insurance is only for high-risk tourism businesses. Tourism entrepreneurs in Indonesia have made various safety measures by fulfilling the sanitation and hygiene requirements, and preparing medical protocols. Meanwhile in Florida, tourism entrepreneurs have added accessibility efforts for tourists with special dietary needs, such as food allergies. The product liability in Law Number 9 Year 1999 contains the reversed burden of proof element. Meanwhile, the product liability in the 2024 Florida Statutes has two theories which are the strict liability or negligence. This article concludes that there needs to be a specific regulation for food and beverage tenants within the tourism area in providing compensation for tourists who suffered from food poisoning, and an apportionment of damages for every party liable for the injury.
Praktik Ethical Hacking Untuk Menjamin Keamanan Sistem Sebagai Upaya Mewujudkan Keamanan dan Kerahasiaan Data Pribadi: Studi Komparasi Pengaturan Indonesia dan Kanada Prabhaswari, Amaraduhita Laksmi; Marlyna, Henny; Anggraini, Ayu Galuh
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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In the digital era that is increasingly integrated with electronic systems and technology, issues related to the security and confidentiality of personal data have become a crucial issue, especially in the midst of the increasing number of cyber attacks. The urgency of this protection is increasingly urgent along with the complex use of technology by PSE, both public and private. The practice of ethical hacking by contract based or policy-based emerged as a proactive effort in identifying and addressing security gaps in a system. Although in Canada this practice has been recognized as part of national security policy (RVDP), Indonesia has not yet regulated and opened the policy (/VVIP) to the public. This research aims to analyze ethical hacking arrangements in Indonesia and Canada including protection policies for ethical hackers, both certified and voluntary. The method used is doctrinal research with the approach of existing legislation and policies, and supported by interview data from credible sources. The results show that although Canada and Indonesia both have such policies, Canada's policy is nationally applicable and open as a form of collaboration between the government, PSEs, and ethical hackers, and provides more guaranteed protection for them. Meanwhile, in Indonesia, the policy is still an internal regulation of an institution that is not applicable and binding for the wider community.
The Legal Implications of the Altman Z-Score as a Tool for Bankruptcy Prevention Through the Case Study of PT. Sri Rejeki Isman Tbk (Sritex) Doloksaribu, Samuel Baringin
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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Abstract

Indonesia’s bankruptcy law, as regulated by Law No. 37 of 2004, allows debtors to be declared bankrupt based solely on the existence of two creditors and one unpaid debt, without requiring a substantive assessment of their financial health, raising concerns about fairness, legal certainty, and economic impact. This thesis investigates whether predictive financial models such as the Altman Z-Score can be integrated into Indonesia’s legal framework to improve early detection and prevention of corporate insolvency. The central question is how these models can be legally recognized and implemented, and what challenges or reforms are necessary to facilitate their use. Employing a normative juridical method and comparative study with jurisdictions like Germany, the UK, and Singapore, the research finds that financial models could have foreseen cases like PT Sritex’s bankruptcy and enabled earlier intervention. The study concludes that integrating such models would create a more balanced, preventive, and transparent bankruptcy process, while recommending specific regulatory and institutional reforms.

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