Jurnal Komunikasi Hukum (JKH)

LEGAL PROTECTION OF CONSUMER PERSONAL DATA PEER TO PEER LENDING THROUGH FINANCIAL TECHNOLOGY IN INDONESIA: AN APPROACHED OF COMPARATIVE STUDY

Putu Eva Ditayani Antari — 2024-09-04

The development of Fintech cannot be ignored and needs to be managed so that it can provide maximum benefits for the benefit of society. Because in practice there are parties who are harmed, there are more and more cases of protection of consumer personal data, it is interesting to study further about legal protection of consumer data security in the Fintech business in Indonesia, especially in this study, namely Fintech Peer for Peer Lending. Currently cases of misuse of personal data in Indonesia are still high. Efforts to address legal protection issues for Fintech consumer personal data are contained in POJK Number: 1/Pojk.07/2013 concerning Consumer Protection in the Financial Services Sector and regarding what data must be protected has also been regulated in SOJK Number 14/Seojk.07/2014 concerning Confidentiality and Security of Data and/or Consumer Personal Information, and SOJK Number 18/Seojk.02/2017 Concerning Information Technology Governance and Risk Management in Information Technology-Based Borrowing Services. The existence of these regulations is still not able to resolve personal data issues, so the government makes Law Number 27 of 2022 Concerning Personal Data Protection. The problem approach method used in this research is normative juridical. The source of legal materials in this study uses secondary materials as the main materials. The method of collecting legal materials by means of library research, was analyzed using a qualitative approach to secondary legal materials. The author's recommendations for further research related to the personal data supervisory agency which is currently still in the process of being formed, the author suggests studies related to the authority and role of the personal data monitoring agency in Indonesia.

PENGATURAN MENGENAI LAPORAN HARTA KEKAYAAN PENYELENGGARA NEGARA DALAM UPAYA PENCEGAHAN TINDAK PIDANA KORUPSI DI INDONESIA

Nyoman Toya — 2024-09-04

Compliance with reporting the assets of state administrators continues to increase. However, LHKPN accountability is still low. This study aims to find out and analyze (1) the arrangements regarding the Wealth Report of State Administrators in the prevention of criminal acts of corruption in Laws and Regulations, and (2) analyze the obstacles to the mechanism of Reporting of State Officials' Wealth as an effort to prevent criminal acts of corruption. The type of research used is normative legal research. The data obtained from this study were secondary data obtained through a literature study, then the data obtained were analyzed qualitatively through a statutory and conceptual approach. The results of this study indicate that (1) arrangements regarding LHKPN are regulated in several regulations, including Law Number 28 of 1999 concerning State Administrators who are Clean and Free from Corruption, Collusion and Nepotism; Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission; and Corruption Eradication Commission Regulation Number 7 of 2016 concerning Procedures for Registration, Announcement and Examination of Reports on State Administration Assets. (2) the indecision of sanctions regarding LHKPN and without being balanced with the norms of authority of the implementing agency. Administrative sanctions in the LHKPN mechanism are considered to be not running optimally and seem useless. So that efforts need to be made regarding the importance of other sanctions that can provide a deterrent effect for perpetrators, namely criminal sanctions in the implementation of State Officials Wealth Reports.

REFORMULASI DEFINISI ANAK SEBAGAI AHLI WARIS PENSIUNAN PEGAWAI NEGERI SIPIL

Ni Made Deby Anita Sari — 2024-09-04

Civil servants have the rights of protection, maintenance and welfare. Civil Servants pension security and Old Age Security are given as protection for the continuity of old-age income, as a right and as a reward for the service of civil servants given in the national social security program. When a civil servant dies, and the event that their widow/widower has also died, it will be given to his children. Thus, it can be seen that the heirs of retired civil servants who are entitled to civil servant insurance are limited to widows/widowers or their children. This writing aims to examine and resolve confusion arising from the ambiguity of the definition of children who are entitled to receive pension insurance from their parents who are retired civil servants when their parents have died. This study uses normative legal research methods to analyze the vague norms. The ambiguity of the definition of children in the law Number 11 of 1969 will cause problems in determining the position of children as heirs of pension rights for Civil Servants pensioners. After doing research, it is known that the position of adopted children is only entitled to an adopted child allowance. Meanwhile, children as recipients of the rights of pension are only legitimate biological children or legalized biological children.

FENOMENA TINDAK KEJAHATAN PERDAGANGAN ORANG DI TIMOR-LESTE DAN UPAYA PENCEGAHANNYA STUDI KASUS: DI DEPARTEMEN INVESTIGASI KRIMINAL PNTL

Mouzinho T.Correia — 2024-09-04

Human trafficking is a transnational organized crime that is growing very quickly and widely. Poor economic conditions and high community poverty rates, unemployment among the productive age group, low education and martial arts-based conflicts between young people, as well as political and socio-cultural situations are the main causal factors apart from other supporting factors, namely global connectivity and legislation. In Timor-Leste, in the last two years, especially after the Covid 19 pandemic, there has been an increase in the number of victims of human trafficking compared to the previous situation. This phenomenon has made Timor-Leste a destination country and also a country of origin for human trafficking. The Timor-Leste government is serious and committed to preventing and combating human trafficking in this country through the enactment of laws and the establishment of the National Anti-Trafficking Commission (KLATU). The economic situation, human resources and lack of international cooperation are obstacles for Timor-Leste in its efforts to prevent human trafficking crimes. Researchers want to review the efforts made by the government to prevent human trafficking. This type of qualitative empirical legal research uses a descriptive approach method which takes the research location at the Criminal Investigation Department at the Timor-Leste National Police 9PNTL) Headquarters, in Dili, Timor-Leste, with the research topic "the phenomenon of the trafficking in persons crime in timor-leste and its prevention efforts".

PENCEGAHAN PENYALAHGUNAAN KEADAAN ATAU MISBRUIK VAN OMSTANDIGHEDEN ATAU UNDUE INFLUENCE DALAM UNDANG – UNDANG PERLINDUNGAN KONSUMEN

Adi Suliantoro — 2024-08-01

Consumers become the object of business activities to gain maximum profit by business actors through promotions, sales methods and the implementation of standard agreements that are detrimental to consumers. In situations like this, abuse of circumstances arises and the Consumer Protection Law should be able to accommodate efforts to prevent abuse of circumstances and provide protection for the weaker party, namely the customer or debtor. The problem is whether abuse of circumstances can be included in the reasons for canceling the agreement, whether abuse of circumstances is included as the basis for legal considerations in the judge's decision, how are the legal efforts to prevent abuse of circumstances in the Consumer Protection Law and how do LPKSM efforts handle the problem of abuse of circumstances by business actors. This study uses a Juridical-Normative approach method. The results of the study indicate that abuse of circumstances is one of the legal reasons for canceling an agreement and this is followed by the Supreme Court through the Jurisprudence of Case Decision Number 2356K / Pdt / 2010. That the legal efforts to prevent abuse of circumstances in the Consumer Protection Law are contained in Article 4 letter C, letter D, letter G, Letter H, Article 8 letter H, Article 18 and Article 19 of Law No. 8 of 1999 concerning Consumer Protection. Then the efforts of LPKSM (LP2K Central Java) in handling the problem of abuse of circumstances are to provide assistance.

KESIAPSIAGAAN INDONESIA DALAM MITIGASI DAMPAK PERUBAHAN IKLIM DI INDONESIA

Natalia Yeti Puspita — 2024-08-01

The existence of climate change due to global warming has increased the risk of disasters in Indonesia, such as rising sea levels that cause flooding. This is certainly a threat to the people of Indonesia, especially those who live in coastal areas and small islands. Property and life losses due to climate disasters continue to increase. Indonesia's preparedness is needed to protect its citizens from climate disasters. This preparedness must take into account the guarantee of the fulfillment of human rights and justice for the environment. The more prepared and resilient a country is to the impacts of climate change, the less climate disasters there will be in that country. This article will analyze how Indonesia is prepared to deal with climate disasters. This article is the result of a normative juridical research that prioritizes secondary data as primary data. The results showed that Indonesia's preparedness was carried out by ratifying the UNFCCC, the Kyoto Protocol and the Paris Agreement through Indonesian national regulations. In addition, the Government of Indonesia cooperates and coordinates with various parties (academics, businessmen, journalists, communities) to mitigate and adapt to the impacts of climate change. It's just that until now there is no comprehensive and integrated regulation that clearly regulates climate disaster management. The current Law Number 24 of 2007 concerning Disaster Management does not explain or explicitly regulate climate disasters.

PENGARUH SOCIAL MEDIA USE TERHADAP INTRINSIC MOTIVATION PADA TARUNA POLITEKNIK ILMU PEMASYARAKATAN

Rachmayanthy — 2024-08-01

The use of social media in Indonesia, especially among those of productive age who are still receiving education, is increasing, this is proven by the 276 million population in Indonesia, social media users reach 60% of the total population. This also happens to the Correctional Sciences Polytechnic Cadets, who on average already have social media accounts. However, the consequences are students failing to graduate in academics and disciplinary violations. This phenomenon prompted research to determine the influence of social media use on intrinsic motivation of Correctional Science Polytechnic Cadets and their perceptions of each of these variables. This research is quantitative research using a survey method via Google Form. This research sample was taken using a non-probability purposive or judgment sampling technique which refers to the Krejcie and Morgan sample table, obtaining 181 samples. Data analysis in this research was carried out using IBM SPSS version 27 software. Hypothesis test results show that the use of social media has a significant positive influence on the intrinsic motivation of Correctional Science Polytechnic Cadets and the perception of each of these variables shows quite good results. Thus, this research has important implications in increasing intrinsic motivation for Correctional Science Polytechnic Cadets which has an impact on improvements in discipline and academic fields.

EFEKTIFITAS PENEGAKAN HUKUM TERHADAP PERTAMBANGAN EMAS TANPA IZIN (PETI) DI WILAYAH HUKUM KEPOLISIAN RESOR GUNUNG MAS

Tri Wibowo — 2024-08-01

Several factors that encourage the large number of illegal mining include economic factors, lack of job availability and low economic status as the reasons for people to maintain work as illegal miners. Regarding law enforcement against mining activities that are suspected of violating the rules, it is still not optimal and the PETI problem is also a problem that has not found a good solution when viewed from several factors that determine the effectiveness or ineffectiveness of law enforcement, especially against Illegal Gold Mining (PETI) in the jurisdiction of the Gunung Mas Police, Central Kalimantan Province. This study uses an empirical legal research type, using a sociological legal approach. conclude that the Effectiveness of Law Enforcement against Illegal Gold Mining (PETI) in the jurisdiction of the Gunung Mas Police Resort based on research with various prevention efforts in the form of preventive efforts to repressive efforts in the form of action against Illegal Gold Mining (PETI) in general can be said to be ineffective considering that in fact the existence of Illegal Gold Mining (PETI) is still rampant and massive in the jurisdiction of the Gunung Mas Police Resort as supporting factors for the effectiveness of law enforcement such as the substance of the law which is still unclear and has not been implemented properly, Legal structure factors such as implementing apparatus for various provisions of legal regulations that have not been maximized in implementation such as the lack of intensive and sustainable socialization, and Community factors such as community economic factors which are the dominant factor as a factor causing the massive Illegal Gold Mining (PETI) as has been clearly described in the explanation section of this Research. This study also found several obstacles in Law Enforcement against Illegal Gold Mining (PETI) in the jurisdiction of the Gunung Resort Police based on research that the obstacles consist of internal obstacles originating from within the Police at the Gunung Mas Resort Police, such as the lack of supporting Facilities and Infrastructure such as the number of Police Posts and Sector Police, the lack of the number of POLRI members / personnel in the jurisdiction of the Gunung Mas Resort Police, as well as from the dominant external factor, namely the lack of good coordination between the Gunung Mas Resort Police and related parties such as the Gunung Mas Regency Government and various related Agencies.

IMPLEMENTASI PEMENUHAN HAK PELAYANAN KESEHATAN BAGI TAHANAN DAN NARAPIDANA DI RUTAN KELAS IIB BANTUL

Muhammad Faris Humam — 2024-08-01

Fulfillment of health service rights for prisoners and convicts is one of the overall rights that must be fulfilled and has been regulated in laws and regulations. The purpose of this study was to determine the implementation of the fulfillment of health service rights for prisoners and convicts at the Primary Clinic of Rutan Class IIB Bantul Prison, along with its legal analysis. The research method used is a qualitative research method with an empirical legal approach. The location of the research is the Primary Clinic of Rutan Class IIB Bantul Prison. The population of this study were employees of Rutan Class IIB Bantul Prison, especially the health workers. The results of this study showed that so far the implementation of the fulfillment of health service rights for prisoners and convicts and related to laws and regulations has been going well. However, there are still obstacles in the absence of clinic accreditation and considerations regarding the need for medical personnel with permanent status. In addition, further research is still needed in the future.

MITIGASI RESIDIVISME DENGAN PROSES PEMBIMBINGAN DAN PENGAWASAN SERTA INTEGRASI INTERVENSI PSIKOLOGIS KOGNITIF OLEH PEMBIMBING KEMASYARAKATAN

Fajar Iman Nugraha — 2024-08-01

The Correctional Center that oversees Community Guidance in the Correctional Law in jurisdiction and in government regulations on guidance and guidance has explained the purpose of guidance to carry out moral, behavioral and intellectual recovery, this is included in the process of mitigating recidivism, the function of guidance is very central to correctional clients to re-integrate socially with society, society as an element in an area, society with various elements and also various views, especially views on correctional clients who legally have committed violations and in the life of society socially, society with many perspectives, there must be a labeling view, the labeling theory is given to correctional clients who are left behind from the social environment of society. Community guidance who have the task of carrying out guidance must be able to ensure that there is no labeling in the community environment, so that no clients commit recidivism.