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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 2 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)" : 7 Documents clear
Operator Responsibilities in Safeguarding Consumer Rights Against GPS Spoofing in Ride-Hailing Services Salvia, Hana; Priowirjanto, Enni Soerjati; Suwandono, Agus
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 2 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

This study examines the responsibilities of Electronic System Providers (ESPs) in safeguarding consumer rights within ride-hailing services. It specifically addresses the Global Positioning System (GPS) spoofing by drivers. The GPS spoofing involves the deceitful manipulation of location data by vehicles, posing significant legal and security risks to customers. The study evaluated the effectiveness of ESPs, including popular platforms in Indonesia like Gojek and Grab, in protecting consumers from such violations. It utilized normative legal theory and the secondary data analysis derived from ESP contracts. Findings indicate that current consumer protection measures are insufficient, primarily because ESPs employ exemption clauses that contravene Consumer Protection Law regulations. Additionally, the study highlights a lack of compliance with governance laws, such as the Government Regulation Number 71 of 2019, which mandates ESPs to establish robust and effective electronic system governance. This unethical practice jeopardizes consumer safety and erodes trust in the ESPs. This study underscores the necessity for stricter enforcement of consumer protection laws and regulations within the ride-hailing sector to ensure client safety and security. ESPs must prioritize safeguarding consumer data and implement measures to prevent drivers from manipulating fraudulent location data. Furthermore, collaborative efforts among ESPs, governmental bodies, and cybersecurity experts are essential to enhance legal protections for consumers, aiming to establish fair and safe procedures that benefit all parties involved.
The Legal Status of Cryptocurrency and Its Implications for Money Laundering in Indonesia Alhakim, Abdurrakhman; Tantimin, Tantimin
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 2 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Decentralized technologies such as blockchain facilitate secure and anonymous transactions, heralding a new era of financial innovation. However, the advent of cryptocurrencies has also posed significant challenges, especially in the realm of preventing money laundering practices. In Indonesia, individuals have exploited these systems for illicit money laundering from fraudulent schemes. Therefore, this study aimed to critically analyze the effectiveness of current regulatory frameworks and propose improved approaches to mitigate money laundering risks associated with cryptocurrency. Indonesia expects to shift its legal perspective due to the substantial threats posed by attempting to regulate a volatile financial system. This study employed normative legal research methods. The findings suggest that recognizing cryptocurrency as a legal tender could advance the agenda of addressing money laundering as a critical threat to financial stability and national security. This would significantly enhance the regulatory framework and ensure the financial system's integrity amidst evolving threats.
Exploring Legal Protections for Platform Workers in Malaysia: A Human Rights-Based Perspective Makhtar, Maheran; Abd Ghadas, Zuhairah Ariff; Haque, Mahbubul
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 2 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Platform work has gained significant recognition due to the rapid growth of the digital economy, which offers new opportunities for workers. However, inadequate regulatory frameworks in Malaysia have led to various human rights concerns, particularly regarding the protection of workers' rights, such as social security, fair remuneration and safe working conditions. Furthermore, the challenge of providing worker protections must be balanced with the flexible nature of the gig economy. Thus, this study explored the evolving legal landscape surrounding the protection of platform workers’ rights in Malaysia from both legal and human rights perspectives. It examines the role of business and human rights in finding the delicate balance between economic progress and protecting workers’ fundamental rights, emphasizing the role of regulation. This study adopts a qualitative approach through review of existing literature, including academic research, reports, and relevant legal documents, to provide a comprehensive understanding of the issue. Therefore, this study underscores the urgent need for robust legal frameworks and regulatory measures to safeguard the rights and welfare of platform workers in Malaysia through the integration of corporate responsibility to respect human rights and to establish mechanisms that guarantee fair remuneration, job security, social protection, and avenues for workers’ representation and collective bargaining. The findings of this study are expected to contribute to the growing body of literature on platform work and serve as a basis for policy recommendations and advocacy efforts to improve the rights and working conditions of platform workers in Malaysia.
Questioning Food Security in Green Constitution Conception: Realizing Sustainable Development Goals (SDGs) in Indonesia Subekti, Rahayu; Husna, Tsabbita Ahmilul; Salsabila, Putri Balqis
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 2 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Research on the constitution, food security, and sustainable development have become widely explored. However, issues related to the legal framework in the context of a green constitution remain unresolved. This is particularly evident in Indonesia’s efforts to address the food crisis, which has led to substantial deforestation. Therefore, this research aims to analyze the implementation of food security efforts in line with a green constitution in Indonesia. Despite the potential for adopting sustainability for future generations, there is hesitance in implementing articles related to a green constitution in food security activities. This legal issue is examined as normative research using conceptual and comparative methods and deductive logic. The results show that, firstly, food security is a pillar in achieving Sustainable Development Goals (SDGs), necessitating the correction of erroneous paradigms to optimize the strategic project. The urgency of the implementation in line with sustainable development is based on five fundamental points: conservation of natural resources, environmental protection, social welfare, sustainable economic growth, and fulfilling future needs. Secondly, legislation firmly establishes the significance of sustainable development principles to prioritize environmental consciousness. In addition, there is a need for reformulation in Article 33 paragraph (3) of the 1945 Constitution of Indonesia by adding wording or explanations. This would regulate the limitations of environmental exploitation for community prosperity and establish regulations for development without shifting agricultural land and food production.
Creativity and Innovation in the Age of Artificial Intelligence: A Copyright Dilemma Ali, S. M. Aamir; Ghose, Anuttama; Saurav, Shashikant; Deshmukh, Sachin
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 2 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

The advent of artificial intelligence marks a significant shift in creative domains traditionally dominated by human efforts, such as writing and painting. Artificial Intelligence challenges the intellectual property system with fundamental issues, including authorship and ownership. This paper explores the utilitarian dilemma related to the copyrightability of AI-generated content and re-evaluates the basis of natural rights, thereby questioning established copyright premises. It examines the manifestation of creativity in AI-based literary and artistic works, highlighting the current and changing aspects of copyright consideration. Additionally, the paper provides an exhaustive overview of the legal protections applicable to AI-generated works, specifically focusing on the legal context in India. It also explores the feasibility and suitability of establishing sui generis rights designed specifically to safeguard AI-generated content. The conclusions presented offer a detailed perspective on the complexities of aligning copyright laws with the dynamic nature of AI-enhanced creativity.
Disclosure Principle as Ex-Ante Rules for Combating Big Tech’s Abuse of Dominance in Digital Market: A Comparative Analysis Rakhmawati, Catur Septiana
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 2 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

This study discusses the weaknesses of Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition in handling the abuse of dominance by big tech in the digital market. This study also explores lessons from how the European Union (EU) and Japan implement the disclosure principle to prevent such abuse. This normative study employs statutory, conceptual, and comparative approaches. The findings are as follows: first, Law Number 5 of 1999 does not implement ex-ante measures such as the “disclosure principle,” and prevention efforts are practically non-existent, particularly in handling dominance abuse. Second, a comparative study of the EU and Japan found that the EU has enacted the Digital Markets Act (DMA), which comprehensively regulates the abuse of dominance by big tech companies and categorizes them as gatekeepers. The DMA establishes the gatekeeper threshold and includes the duty to notify the European Commission voluntarily under Articles 5, 6, and 7 of the DMA. Japan has the Act on Improving Transparency and Fairness of Digital Platforms 2021, an ex-ante regulation that implements the disclosure principles on digital platforms. Based on these two comparisons, the main idea of such regulations is to implement the disclosure principle as an ex-ante rule for business actors who meet the threshold and to burden them with certain obligations. This approach allows authorities to perform supervision and prevent abuse of dominance by big tech optimally.
Quasi-Contract: A Comparative Analysis Between the United States of America and Indonesia Sibarani, William Edward; Puspaningsih, Utami; Stefanie, Clarita
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 2 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Since the Roman era, there has been a general consensus that no one should prosper at the expense of another. However, the development of variations in legal systems in the world means that many countries must continue to adapt to this situation to avoid legal loopholes. In certain situations, the complexity of obligations in society causes quasi-contracts to occur. As a country that follows the civil law constitutional framework, Indonesia still encounters difficulties in handling quasi-contract disputes, not only due to the absence of written regulations but also because previous court decisions do not bind Indonesia. In contrast, in the United States of America, the creation of law occurs through court decisions. However, this study also aims to deliver insight into the legal systems' orientations in those two nations and how they relate to restorative justice. Hence, the author will discuss how quasi-contract problems are resolved by explaining the comparison between the two legal systems. This study uses a comparative juridical method to analyze the judgment practices on quasi-contracts between the United States of America and Indonesia and recommends the urgency of issuing regulations to address these disputes.

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