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Heru Saputra
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Mahalini: Journal of Business Law
Published by Universitas Wahid Hasyim Semarang
ISSN : -     EISSN : 30907020     DOI : 10.31942/mjbl
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Mahalini: Journal of Business Law publishes articles and comments on a broad range of business law topics, including corporate governance, securities regulation, capital market regulation, employment law, and the law of mergers and acquisitions This journal is intended to communicate the original researches and current issues on the subject. This journal warmly welcomes any contributions from scholars of the related disciplines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 24 Documents
 1   2   3 
Analisis terhadap Putusan Wanprestasi Nomor 4040 K/Pdt/2023 Marsya Ainun Kholila; Cut Anastasya Nurul Hilal; Geal Aditya Christian; Lia Risqi Ananda
Mahalini: Journal of Business Law Vol. 1 No. 2 (2024): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

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Abstract

This research aims to analyze the court's decision regarding the case of Afrizal who was declared a defendant in a default case. The main focus of the study is to identify whether the elements of breach of contract, such as unfulfilled obligations, unfairness of the defendant, and the resulting legal consequences, have been fulfilled in accordance with the provisions of civil law in Indonesia. The research method used is a normative juridical approach with analysis of decision documents, related regulations, and civil law literature. The results of the analysis show that the court considers the substantive aspects of the agreement, the evidence left behind, and the existence of peace efforts before the case is brought to court. The verdict stated that Afrizal was proven to have committed a breach of contract based on negligence in fulfilling contractual obligations which caused losses to the plaintiff. This research concludes that the decision is in accordance with civil law principles and emphasizes the importance of upholding justice in similar cases in the future.
Pelanggaran Hak Cipta di Era Digital: Praktik Mod dalam Gim Interaktif Naratif Raphael Bertrand Mayaka; Desty Puspita Maharani
Mahalini: Journal of Business Law Vol. 1 No. 2 (2024): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

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Abstract

This article intents to explores the issue of copyright infringement in the digital age, with a specific focus on the practice of modding within interactive narrative games. As the gaming industry continues to evolve, the boundary between user-generated content and intellectual property rights becomes increasingly blurred, raising significant legal and ethical concerns. Through a normative approach, this research employs three methodologies: the conceptual approach to define the nature of modding and copyright, the statutory approach to analyze existing laws and regulations governing intellectual property in digital contexts, and the case approach to examine real-world instances of copyright violations in the realm of narrative games. The findings highlight the challenges in balancing creativity and legal protection in an era where users are both creators and consumers. This study provides recommendations for enhancing legal frameworks to better address the complexities of digital content creation, ensuring both the protection of copyright holders and the continued innovation within the gaming community.
Analisis Terhadap Putusan 3181 K/Pdt/2018 : Sengketa Apartemen Ny. Ike Farida dengan PT Elite Prima Hutama Amelia Nabila Pramesthi; Maximiliania Krismarmita Brahman; Nabila Sanina Fadhilah; Luthfia Putri Pramesti
Mahalini: Journal of Business Law Vol. 1 No. 2 (2024): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

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Abstract

This article examines the interpretation of the decision of the Supreme Court of the Republic of Indonesia with number 3181/K/Pdt/2018 which focuses on disputes that occur in the apartment sector and analyzes the extent to which the decision has fulfilled the principles of the provisions regarding disputes in the apartment sector. The case involved a dispute between the manager and the unit owner regarding ownership rights, administrative responsibilities and the provision of facilities to the buyer. In the judgment, the Supreme Court emphasized the need to protect the rights of apartment owners and affirmed the manager's obligation to meet agreed service standards. This article also explores the legal arguments of both plaintiffs and defendants and the impact of the ruling on the apartment industry and consumer protection. Taking into account the legal and social context, this article advises parties who wish to enter into an engagement to be more critical and not easily fooled by developer marketing in order to reduce the possibility of similar disputes in the future.
Digitalisasi Jaminan Fidusia: Analisis Efisiensi dan Keamanan dalam Pendaftaran Online Lorensia Ayu Kusuma Dewi
Mahalini: Journal of Business Law Vol. 2 No. 1 (2025): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/mjbl.v2i1.12653

Abstract

The digitalization of fiduciary guarantees through online registration aims to increase efficiency and transparency in accordance with Law No. 42 of 1999 concerning Fiduciary Guarantees. The purpose of this study is to analyze the digitalization of online-based fiduciary guarantees, with a focus on the efficiency and security of the digital fiduciary system. This study examines security threats and their mitigation strategies, including the risk of data leaks, cyber attacks, and forgery of electronic documents that can threaten the validity of fiduciary guarantees. To overcome these challenges, mitigation measures are needed such as data encryption, use of blockchain, increased regulation, and strengthening cybersecurity infrastructure. With the normative legal analysis method, this study aims to maximize efficiency without sacrificing legal protection and security. The results of the study show that the application of the right technology can speed up the process and increase the transparency of fiduciary transparency, while minimizing security risks.
Analisis Hukum Jaminan di Indonesia dalam Menjaga Stabilitas Ekonomi Fajar Luthfianingsih; Theresa Yvone Sidabutar; Syafitri Novia Asyari; Marshanda Aurelia Fitri
Mahalini: Journal of Business Law Vol. 2 No. 1 (2025): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/mjbl.v2i1.12663

Abstract

This article analyzes the role of collateral law in maintaining national economic stability when examined based on the role, system, and also related regulations. Collateral law has an important function in providing protection to creditors and ensuring legal certainty regarding debtor obligations. The purpose of this study is to examine the relationship between collateral law and national economic stability and how the two can influence each other. This study uses a qualitative research method using a normative legal approach based on various sources of reading literature with similar themes or objects of study by paying attention to related regulations or laws. Through this study, it can be understood that collateral law is one of the important components in the Indonesian legal system, especially those related to financial transactions and credit provision. This is what makes the role of collateral law in economic stability in Indonesia very important because collateral law functions as a tool to provide protection to creditors and ensure legal certainty in financial transactions. In Indonesia, collateral law has developed through regulations such as Law Number 4 of 1996 concerning Mortgage Rights. With the existence of an effective collateral law, a banking sector will be created that provides a sense of trust to creditors to carry out financing transactions. This is a very important point in maintaining the stability of the financial system and avoiding economic instability that can arise from banking failures.
Aspek Hukum dan Implikasi Pajak dalam Merger Perusahaan Gojek dan Tokopedia: Tinjauan dari Perspektif Hukum Bisnis I Maykel Ram
Mahalini: Journal of Business Law Vol. 2 No. 1 (2025): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/mjbl.v2i1.12676

Abstract

This study aims to analyze the legal aspects and tax implications arising from the merger process between two major technology companies in Indonesia, Gojek and Tokopedia, and to provide an overview from a business law perspective. This merger is a significant strategic move in both the Indonesian and global business world, involving various legal and fiscal considerations. Specifically, the research examines three main aspects: first, compliance with regulations governing mergers in Indonesia, such as the Limited Liability Company Law and competition laws supervised by the Business Competition Supervisory Commission (KPPU), as well as regulations concerning personal data protection; second, an analysis of the legal consequences for the companies involved, their shareholders, and other stakeholders; and third, the tax implications arising from the merging of assets and the distribution of profits, which may be influenced by changes in the company's structure. This research uses a qualitative approach with descriptive analysis based on literature studies and relevant regulations. The findings indicate that the merger between Gojek and Tokopedia requires close scrutiny regarding competition law principles to avoid violations of antitrust laws. Additionally, the tax implications of the merger include more complex tax obligations, including potential tax liabilities that had not been previously considered, which must be addressed by both companies. From a business law perspective, the merger highlights the importance of conducting thorough due diligence that encompasses legal, financial, and tax aspects to ensure long-term success. This study provides valuable insights for legal practitioners and policymakers regarding the regulation of corporate mergers in Indonesia.
Implementasi Undang-Undang no. 32 tahun 2009 tentang Lingkungan Hidup dalam Tanggung Jawab dan Kewajiban di PT Djarum OASIS Brian
Mahalini: Journal of Business Law Vol. 2 No. 1 (2025): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/mjbl.v2i1.12677

Abstract

This study aims to analyze the implementation of Law No. 32 of 2009 concerning Environmental Protection and Management, especially related to the management and control of liquid waste at PT Djarum OASIS. This research method uses a normative juridical method that relies on secondary data, such as laws and regulations, scientific journals, and relevant law books. Data collection techniques are also carried out through observation and documentation. The results of this study show that PT Djarum Oasis has fulfilled the obligations stipulated in Law No. 32 of 2009, including in the management of liquid waste, and has successfully obtained the Blue PROPER award from the Ministry of Environment and Forestry of the Republic of Indonesia as a form of recognition for the company's performance in preserving the environment.
Peran Otoritas Jasa Keuangan terhadap perlindungan kemanan dan kerahasiaan data pribadi nasabah pada produk perbankan di Era Digital Erik Syaputra Johan
Mahalini: Journal of Business Law Vol. 2 No. 1 (2025): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/mjbl.v2i1.12685

Abstract

In Indonesia, the Financial Services Authority (OJK) oversees the banking sector to ensure the stability, efficiency, and integrity of the banking system. OJK regulates, supervises, and enforces bank compliance with regulations, focusing on consumer protection  through  transparency of  information and complaint handling. OJK also encourages financial innovation through fintech regulations and ensures that banks operate healthily and responsibly. Regulations regarding customer data confidentiality are stipulated in the Banking Law, emphasizing the importance of safeguarding customer information and deposits. The issues addressed are (1) Regulations related to the Financial Services Authority in protecting the security of customer personal data in banking products, and (2) How the Financial Services Authority addresses challenges related to customer data confidentiality in banking products amidst the development of information technology. In conclusion, the Financial Services Authority (OJK) in Indonesia is responsible for protecting the security of customer personal data in banking products. Based on Law Number 21 of 2011, OJK regulates and supervises the financial services sector, ensuring consumer protection through regulations such as POJK No. 1/POJK.07/2013, which requires financial institutions to maintain the confidentiality of customer data. Together with Bank Indonesia (BI), OJK implements regulation PBI No. 18/40/PBI/2016, which mandates that banks apply risk management to protect customer data from cyber threats.
Perlindungan Royalti Musisi di Era Digital Pada Platform Believe.com Savira 'Alfi Syahrin; Galuh Wira Yudhistira Bikuning Putra; Arga Sya'ban Tamtama
Mahalini: Journal of Business Law Vol. 2 No. 2 (2025): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/mjbl.v2i2.12705

Abstract

The rapid development of digital technology has brought significant changes to the music industry, particularly in the mechanisms of distributing and monetizing artists' works. Digital distribution platforms like Believe.com play a crucial role in connecting musicians with the global market through distribution, promotion, and royalty management services. However, the protection of musicians' royalties in the digital era still faces various challenges, such as unequal revenue sharing and the risk of piracy. This research discusses the royalty protection mechanisms implemented by Believe.com, including its royalty management and transparency systems, and their impact on the sustainability of musicians' careers in the digital realm. This research also examines how Believe.com contributes to creating a fair and inclusive ecosystem for both independent musicians and major labels amidst the dynamics of the digital music industry. Findings indicate that innovation in digital distribution and royalty management is essential to ensure copyright protection and improve the welfare of musicians in the digital era, in line with the principles stipulated in Law Number 28 of 2014 concerning Copyright.
Implementasi Undang-Undang Nomor 27 Tahun 2022 tentang Perlindungan Data Pribadi dalam Digitalisasi Perpajakan di Indonesia Mauliza Amigia Primayudhana
Mahalini: Journal of Business Law Vol. 2 No. 2 (2025): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/mjbl.v2i2.12747

Abstract

The digitalization of taxation in Indonesia has brought significant changes to tax administration and introduced new challenges, particularly concerning the protection of taxpayers’ personal data. Following the enactment of Law Number 27 of 2022 on Personal Data Protection (PDP Law), the government is obligated to ensure that the digitalization of taxation is managed in accordance with existing regulations. This study aims to analyze the implementation of the PDP Law within Indonesia’s taxation system, as well as identify emerging obstacles and potential efforts to address them. This research employs a normative juridical method by examining regulations related to personal data protection and digital taxation, and by analyzing the challenges encountered in the implementation of data protection policies in the tax sector. The findings reveal that the implementation of the PDP Law in the digital taxation system faces various obstacles, including regulatory overlaps between taxation policies and personal data protection, inadequate technological infrastructure, and low taxpayer awareness of their data protection rights. Risks of data breaches and cyberattacks on digital taxation systems also pose major challenges. Therefore, more specific regulations concerning data protection in digital taxation systems are needed, alongside strengthened technological infrastructure for taxpayer data management and increased public outreach and education regarding personal data protection. These measures are expected to enhance security, transparency, and public trust in Indonesia’s taxation system.

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