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PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)
Published by Universitas Padjadjaran
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol 11, No 1 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)" : 7 Documents clear
Decoding the Special Purpose Acquisition Companies: A New Frontier in Tech Start-Up Financing Tan, David; Disemadi, Hari Sutra; Sudirman, Lu
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 1 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

The emergence of SPAC has democratized participation in the burgeoning equity market. Capital raised during a SPAC's Initial Public Offering (IPO) is typically held in escrow identifies a suitable acquisition or merger target. This study explores the concept of SPACs, their operational mechanisms, their appeal to tech startups, and their presence in Asia, with a specific focus on the Indonesian jurisdiction. The study also aims to identify the potential risks SPACs may pose to the equity market to inform more effective regulation. Employing normative legal research and prioritizing secondary data, the findings of this paper indicate that SPACs have evolved from a niche option to a significant facilitator for private enterprises seeking to enter public markets through an IPO. The study further reveals that, despite the risks associated with SPACs and their current unpreparedness for IPOs in Indonesia, lessons from foreign experiences could guide the development and implementation of domestic regulations. While SPACs have demonstrated their value and promise to become a significant market force, calls for swift regulatory action should balance the benefits of SPACs against the need for thoughtful regulation, presenting an opportunity to reconsider existing IPO regulations.DOI: https://doi.org/10.22304/pjih.v11n1.a5 
Realignment of Flight Information Region Agreement Between Indonesia and Singapore 2022: Unraveling Sovereignty and Ratification Issues for Indonesia Muhammad, Naufal Faiz; Latipulhayat, Atip; Pratama, Garry Gumelar
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 1 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Flight Information Region (FIR) is an essential part of the aviation sector, providing air navigation and alerting services crucial for ensuring flight safety. States may delegate the management of FIR services to other nations for various reasons, primarily centered on aviation safety. However, such delegation requires careful consideration due to its potential impact on a state’s airspace sovereignty. This study focuses on the most recent FIR delegation involving the realignment of FIR over the Riau and Natuna Islands between Indonesia and Singapore in 2022. According to the signed agreement, Indonesia is obligated to delegate the management of specific areas of the Natuna FIR above its territory to Singapore. While this delegation poses potential challenges related to Indonesia's national security and economic interests, additional issues arise from the legal instrument chosen by the Indonesian government to ratify the agreement. The objective of this research is to analyze the sovereignty and ratification issues for Indonesia arising from the signing of the Indonesia-Singapore FIR Agreement 2022. The study utilizes normative legal analysis with a juridical approach. The findings indicate that the delegation of the Natuna FIR to Singapore has restricted Indonesia's right to exercise sovereignty over its airspace. Furthermore, the study concludes that Indonesia’s instrument of ratification for the Indonesia-Singapore FIR Agreement 2022 is inconsistent with Indonesian law and practice. This research contributes to understanding the legal implications of FIR management delegation, emphasizing the importance of aligning such agreements with domestic legal frameworks.DOI: https://doi.org/10.22304/pjih.v11n1.a1
Cyber Espionage Policy and Regulation: A Comparative Analysis of Indonesia and Germany Susila, Muh Endriyo; Salim, Andi Agus
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 1 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

This study explores the policy and regulatory frameworks concerning cyber espionage within Indonesia and Germany. Given the considerable threats cyber espionage poses to national security and economic interests, it is crucial for nations to formulate thorough strategies to mitigate such risks. Through a comparative analysis of Indonesia and Germany—two countries with distinct geopolitical stances and methodologies regarding cybersecurity and espionage—the research delves into the legal, political, and technological factors influencing their cyber espionage policies. The methodology includes a comprehensive review of legislative measures, governmental strategies, and the response of institutions to cyber espionage in both nations. The objective is to discern the similarities, differences, and effectiveness of the policies and regulations of these countries. This comparison sheds light on the adequacy of Indonesian legislation in combating cybercrime, especially cyber espionage. The study reveals that Indonesia's legal infrastructure for cybercrime is markedly underdeveloped compared to Germany's, where stringent and well-articulated regulations are in place, facilitating precise and efficient management of cyber issues. Thus, the study underscores an urgent need for Indonesia to reform its cybercrime laws, focusing on cyber espionage, among other cyber threats, while continuing to enhance the quality of its human resources.DOI: https://doi.org/10.22304/pjih.v11n1.a6
Securing Blockchain Enterprises: Legal Due Diligence Amidst Rising Cyber Threats Multazam, Mochammad Tanzil; Phahlevi, Rifqi Ridlo; Purnomo, Melati Indah; Purwaningsih, Sri Budi; Sobirov, Bobur
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 1 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

This study aims to understand the vulnerabilities faced by enterprises operating on token-based blockchain businesses and the role of legal, due diligence procedures in mitigating such risks. It employed the Preferred Reporting Items for Systematic Reviews and Meta-Analyses method and sourced data from DeFillama, a platform tracking decentralized finance developments, to categorize hacking incidents into five major groups: Ecosystem, Infrastructure, Protocol Logic, Rugpull, and Smart Contract Language. The findings highlight that Infrastructure attacks, mainly through Private Key Compromise, are the most damaging. They cause losses of over 800 million dollars between 2020 and 2023. It necessitates comprehensive and adaptable legal, due diligence strategies focusing on jurisdictional legal frameworks, platform usage terms, regulatory compliance, and potential legal issues. The study underscores the importance of further research to evaluate and enhance the effectiveness of these measures in addressing the unique challenges of blockchain technology, which are crucial for enhancing the resilience and sustainability of blockchain enterprises, thereby promoting global trust in this emerging field.DOI: https://doi.org/10.22304/pjih.v11n1.a2
Democracy Crisis and the Rise of Datacracy Putro, Widodo Dwi
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 1 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

There is no permanent constitutional and political-legal system. Scientists also predict that the phenomenon of the rise of datacracy with big data and algorithms will replace the democratic system. In this research, the author aims to answer the following questions: (i) Why is democracy bound to be replaced by datacracy? (ii) what alternative options can be proposed to bridge the legal and political implications that might occur if datacracy replaces democracy? The author uses literature studies and an interdisciplinary approach to critique and offer ideas in this study. It is proposed, among other things, that datacracy will not eliminate people's sovereignty; instead, it will only narrow down democratic instruments such as people's representatives and political parties because they will no longer be needed. Such representative democracy is likely to become obsolete because the people will be able to actively participate in conveying their aspirations directly, without going through the people's representative system, by inputting their needs, interests, and various problems through the datacracy platform.DOI: https://doi.org/10.22304/pjih.v11n1.a3
Sexual Abuse of Street Children in Pakistan: Legal Protection Under International and National Law Ullah, Nazir; Aziz, Saidatul Nadia Abd; Awal, Noor Aziah Mohd
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 1 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

This study covers the social and legal dimensions of sexual abuse encountered by street children in Pakistan. It aims to elucidate the underlying reasons and contributory factors to child sexual abuse within the nation. This study employed qualitative methods, which involved analyzing data from primary sources such as acts of parliament and relevant journal articles. It highlights the exploitation of street children through prostitution, pornography, trafficking, and sex tourism. Therefore, it explored various manifestations of child sexual abuse both within street settings and beyond, alongside their foundational causes in Pakistani society. The study addresses the issue of sexual abuse among street children from two perspectives. Initially, it examines the different forms, prevalence, causes, and consequences of such abuse. Subsequently, it assesses the efficacy of both international and national laws and policies designed to counteract child sexual abuse. Despite the existence of legal frameworks in Pakistan aimed at addressing this issue, they are critiqued for being inadequate and inconsistent. The paper advocates for the introduction of more stringent legislation and enhanced trial transparency as measures to curb the incidence of child sexual abuse effectively. Updating and reinforcing existing legal provisions could significantly reduce the prevalence of such abuse in society.DOI: https://doi.org/10.22304/pjih.v11n1.a4
Digital Tax Regulation in Facing Society 5.0 Era to Realize Indonesian Tax Sovereignty Cahyadini, Amelia; Safiranita, Tasya; Muttaqin, Zainal; Fauzi, Rizki; Ramli, Ahmad M
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 1 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Technological advancements have catalyzed the emergence of the digital economy, where digital platforms, leveraging internet access, can penetrate multiple regions and accrue substantial profits unrestricted by national jurisdictions. This scenario presents advantages and convenience but simultaneously challenges a country's tax sovereignty. The traditional tax system, predicated on a company's physical presence for tax liability, finds itself ill-equipped to handle the digital domain's nuances. This research seeks to explore the potential and hurdles in implementing digital taxes in Indonesia, delving into the government's regulatory efforts within the framework of Society 5.0. From an academic standpoint, digital taxes illustrate the disruption in tax collection due to the absence of a tangible company presence. Thus, this study also aims to investigate the determination of tax sovereignty in the context of digital taxation, aspiring to enrich scholarly discourse. Employing a normative juridical approach, this study scrutinizes legal norms and rules while considering empirical facts from the field. The findings indicate that while the introduction of digital taxes in Indonesia holds significant promise and faces considerable challenges, governmental action to update and streamline digital tax regulations is imperative. Furthermore, the principles underlying digital tax proposals, such as Pillar One, require reinforcement to enhance their effective implementation.DOI: https://doi.org/10.22304/pjih.v11n1.a7 

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