Abstract:The important role of freedom of expression as a basis for equality, especially within the framework of constitutional law, is very important in Indonesia. This research uses normative juridical qualitative methods to obtain…
tain a comprehensive understanding of the legal aspects that regulate freedom of expression in the country. Recognized as an essential human right, freedom of expression is explicitly protected by the 1945 Constitution of the Republic of Indonesia. The focus of this research is to examine the legal norms governing freedom of expression, which include provisions such as Article 28E paragraph (3) and Article 19 of the Constitution 1945, as well as other statutory regulations. The research results show that freedom of expression is recognized as an inalienable right by the state and is one of the foundations for the realization of a just and democratic society. Although freedom of expression is guaranteed by the constitution, this research also highlights the obstacles and challenges in its implementation. In Indonesia, challenges arise in navigating diverse interpretations of freedom of expression, with concerns about potential exploitation by entities harming public interest. Striking a balance between freedom of expression and societal stability/security is deemed crucial. The research aims to better understand the complexity of freedom of expression within the country's constitutional law and its role in promoting equality. This research aims to find useful insights for creating better policies. These policies should strike a good balance between individual freedom and public interest, ultimately fostering a fair and democratic society.
Abstract:This study evaluates the umrah service policy implemented by the Regional Office of the Ministry of Religious Affairs of Maluku Province. The research was motivated by the need to ensure that umrah services provide protection,…
ction, convenience, administrative certainty, and equitable access for prospective pilgrims in an archipelagic province. A qualitative descriptive approach was used. Data were collected through observation, document review, and in-depth interviews with officials and employees involved in umrah service management at the Regional Office during August-October 2023. The analysis applies six public-policy evaluation criteria: effectiveness, efficiency, adequacy, equity, responsiveness, and appropriateness. The findings show that the policy has generally met the six criteria. Effectiveness is reflected in administrative preparation, document control, security, and comfort before departure, during the stay in Saudi Arabia, and during return. Efficiency is shown through the use of available resources, a service process of approximately three to ten days, and continuous monitoring of travel providers. Adequacy is reflected in supervision of facilities, accommodation, safety standards, information, and complaint mechanisms. Equity is pursued through equal access, affordable costs, gender sensitivity, and protection of pilgrims. Responsiveness appears in rapid responses to complaints, emergency coordination, and service improvement based on feedback. Appropriateness is demonstrated through compliance with Islamic values, business ethics, regulations, and Saudi Arabian procedures. The study implies that digital registration, transparent quota management, cost audits, emergency response teams, and certified service personnel are needed to strengthen umrah service governance.
Abstract:Security is a crucial aspect in the digital age, especially in the management and protection of information. As the volume of information processed increases, the need to organize knowledge and provide adequate security…
becomes more pressing. This research emphasizes the importance of cybersecurity in the context of digital libraries, which must comply with certain technological and regulatory standards to protect user data and guarantee privacy when accessing electronic resources. Libraries face various challenges in protecting personal data on their electronic resources. This research addresses topics such as user privacy, data encryption, access management, and compliance with privacy laws. By addressing these issues comprehensively, libraries can ensure the protection of user privacy while optimizing the benefits of digital resources in today's information environment. The October 2023 cyberattack by a hacker group known as Rhysida on the British Library's internet information system emphasizes the importance of cybersecurity and data privacy for digital libraries. This research aims to provide insights and solutions to address these challenges, ensuring digital libraries can operate securely and efficiently.
Abstract:This study examines the effectiveness of regulations preventing child marriage in the city of Surabaya after the enactment of Law No. 16 of 2019, which raised the minimum age for marriage to 19 years, but still allows for…
r marriage dispensations through Article 7 paragraph (2). This normative loophole raises academic questions about how the law works in social reality and how preventive measures can be institutionalized. This study aims to assess the implementation of regional policies, particularly Perwali No. 32 of 2024, and to examine the practices of religious courts in deciding on marriage dispensations using Lawrence M. Friedman's Legal System Theory and the principle of Sadd al-Dzarīʿah as analytical tools. Empirical research methods were used through interviews, observations, documentation, and qualitative analysis of two cases of marriage dispensation that were rejected and granted. The results of the study show that the significant decrease in the number of marriage dispensations in Surabaya occurred due to the synergy of the legal structure (Religious Court, DP3APPKB, Ministry of Religious Affairs, RT/RW), legal substance through the Perwali which tightened procedures, and changes in the legal culture of society. The courts applied new standards that are more protective and based on maqāṣid al-syarī‘ah , making marriage dispensations an emergency mechanism rather than a legalization of child marriage. This study provides theoretical implications in the form of an integrative model between maqāṣid and the modern legal system, as well as practical implications in the form of recommendations to replicate the Surabaya model in other regions in an effort to protect children.
Abstract:The purpose of this study is to analyze the legal responsibility of banks towards customers in cases of personal data leaks, examine the extent of legal protection provided to customers, and describe efforts that can be…
made to minimize the risk of data leaks. This study uses a literature study method by collecting and analyzing various legal sources, such as laws and regulations, court decisions, journals, and literature related to data protection in the banking sector. The results of the study indicate that banks have legal responsibilities based on the Personal Data Protection Law (UU PDP) and banking provisions to maintain the confidentiality of customer data. If a data leak occurs, the bank can be subject to administrative, civil, or even criminal sanctions depending on the level of negligence. In addition, this study found that customers have the right to claim compensation if the data leak causes material or immaterial losses. However, the effectiveness of law enforcement still faces challenges, such as lack of customer awareness and complexity of evidence. Therefore, it is necessary to strengthen regulations, improve cybersecurity systems by banks, and educate customers to mitigate the risk of data leaks. The implications of this study are expected to provide recommendations for regulators and banking industry players in strengthening the protection of customer personal data.
Abstract:Risk management is an important aspect of an organization's decision-making strategy to manage uncertainty and identify opportunities in a complex business environment. This research aims to investigate the implementation…
n of risk management in the context of strategic decision making, with a focus on the process of risk identification, risk evaluation, mitigation strategies, and their impact on achieving organizational goals. This research uses a qualitative approach with case studies as the main methodology. Data was collected through in-depth interviews with organizational leaders and analysis of documents related to risk management. The analysis steps include risk identification, risk evaluation using impact and probability assessment methods, as well as risk mitigation strategies applied in strategic decision making. The research results show that a comprehensive risk identification process provides a strong basis for designing effective risk management strategies. In-depth risk evaluation allows organizations to prioritize the most significant risks and develop appropriate mitigation actions. Implementation of risk mitigation strategies such as prevention, mitigation, transfer or retention of risk has contributed significantly to reducing the negative impact of risks faced by organizations. This research confirms that risk management is not only a tool to protect organizational value, but also a proactive approach that supports the achievement of long-term strategic goals. By implementing best practices in risk management, organizations can build a solid foundation for sustainable growth and success in a competitive and dynamic marketplace.
Abstract:This study aims to examine the authenticity of Sahih Bukhari Hadith No. 2112 regarding the right of khiyar through a comprehensive takhrij method to ensure the validity of the evidence in muamalah policy. Additionally, this…
his study examines the mechanism of transmitting legal texts without editorial changes and compares the ijtihad of the four schools of jurisprudence regarding time limits to provide consumer protection solutions in the digital age. The methodology employed is normative legal research using a descriptive-analytical qualitative approach through library research. Data collection techniques involved cataloging hadiths on khiyar from the Kutubus Sittah, identifying the structure of the isnad, and analyzing key vocabulary (mufradat). Data analysis was conducted through stages of isnad criticism to assess the quality of the narrators, systematic analysis of the matn, comparative analysis across schools of thought, and the synchronization of traditional principles with modern economic realities. The research results indicate that the hadiths on khiyar possess exceptional chain of transmission quality within the Silsilah adz-Dzahab tradition, ensuring the text’s accuracy free from distortion over fourteen centuries. Regarding the time limit for khiyar syarat, differing viewpoints were identified: the Shafi’i school limits it to a maximum of three days, while the Maliki school allows a duration of up to 38 days depending on the type of object. In conclusion, the principle of khiyar remains relevant in the digital economy through the transformation of the order cancellation feature as a manifestation of khiyar majelis, as well as the return policy as an application of khiyar aib and khiyar syarat. The implications of this research emphasize that the ethical values of khiyar can serve as a foundation for regulators in refining consumer protection laws to minimize information asymmetry and ensure full consent (antaradin) in every online transaction
Abstract:Advances in information and communication technology have spurred substantial changes in legal transaction procedures in Indonesia, primarily through the utilization of electronic agreements. Agreements that were previously…
sly made in traditional paper formats are now frequently conducted digitally, raising legal concerns regarding their legality, validity, evidence, and legal protection for the involved parties, particularly consumers. Although electronic agreements are normatively recognized in the Civil Code (KUHP) and the Law on Electronic Information and Transactions, practical implementation issues persist, leading to legal uncertainty. This research employs a normative legal methodology utilizing statutory, conceptual, and comparative approaches. Data was obtained through a literature review of primary, secondary, and tertiary legal sources related to electronic agreements and civil legal protection. Qualitative descriptive analysis was conducted to investigate the legal status of electronic agreements and the legal protection available for the parties within the Indonesian legal framework. The discussion results indicate that electronic agreements possess legal validity and binding force equivalent to traditional agreements, provided they meet the criteria for a valid agreement as outlined in Article 1320 of the Civil Code and the provisions of the Information Technology Law. Legal protection in electronic agreements encompasses legal certainty, the recognition of electronic document and signature evidence, and consumer protection against detrimental standard clauses. Nevertheless, challenges remain in establishing party identification, ensuring the integrity of digital contracts, and addressing power imbalances between commercial entities and consumers. This study concludes that while electronic agreements are legally recognized under Indonesian civil law, enhancing legal protection requires strengthened regulations, consistent law enforcement, and improved legal and digital literacy among the public to ensure secure, fair, and equitable electronic transactions.
Abstract:Payment ID merupakan bagian integral dari Blueprint Sistem Pembayaran Indonesia (BSPI) 2030 yang dirancang sebagai kode unik sembilan karakter berupa kombinasi huruf dan angka. Sistem ini memiliki tiga fungsi utama: identifikasi…
tifikasi profil pelaku sistem pembayaran secara spesifik, otentikasi data transaksi, dan konektivitas data antara individu dan catatan transaksi secara rinci. Implementasi sistem serupa di negara lain telah menunjukkan dampak ekonomi positif yang substansial. India, melalui kombinasi UPI dan Aadhaar, berhasil menghemat lebih dari $9 miliar dari eliminasi fraud dalam program bantuan sosial. Sistem UPI India kini menangani 18 miliar transaksi bulanan dengan nilai mencapai Rs 24 lakh crore, menguasai 85% ekosistem pembayaran digital nasional. seperti PayNow di Singapura, membuktikan pentingnya landasan hukum yang jelas. PayNow, yang diatur dalam Payment Services Act 2019 dan diawasi oleh Monetary Authority of Singapore (MAS), mengintegrasikan sistem perbankan dan dompet digital melalui satu ID berbasis nomor ponsel atau NRIC, dengan dukungan Personal Data Protection Act (PDPA) 2012 yang kuat. Keberhasilan ini didorong oleh regulasi yang komprehensif, standar keamanan yang ketat, serta pengawasan yang terintegrasi. Regulasi ini menjadikan PayNow sebagai sistem pembayaran instan berbasis identitas tunggal yang dapat dipercaya, dengan proteksi hukum dan keamanan yang terjamin. Sistem ini menghubungkan nomor ponsel, NRIC, atau nomor bisnis dengan rekening bank secara aman, memungkinkan transaksi real-time dan interoperabilitas lintas platform. Dengan demikian, Indonesia perlu memperkuat landasan hukumnya dengan membentuk kerangka hukum nasional yang komprehensif, meliputi aspek perlindungan data pribadi, interoperabilitas, tata kelola teknologi, mekanisme pengawasan, dan pemberdayaan pengguna, agar implementasi Payment ID dapat terlaksana secara aman, inklusif, dan berkelanjutan
Abstract:The legal position between the debtor and the debtor in the bond agreement, where the borrower has the right to return proof of ownership of the collateral after the loan payment, while the borrower has the right to a higher…
gher bond amount, and the billing period in accordance with the guarantor who is entitled to payment plus principal (interest) with the borrower's monthly installments including compensation in the event of late payment. Settlement of disputes related to credit agreements, where the person concerned can arbitrate the agreement in question. Legal observations made by the judge in the decision of Case No. 70 / Pdt.G / 2020 / PN.Mdn, where the judge is of the opinion that the plaintiff has won legally there is no action taken by the Defendant on behalf of Mas Arif Fauzan and verstek. The issuance of this decision is binding on both parties because it has permanent legal force ( incracht ) and has become a new law for the parties. The judge made the decision based on previous legal opinions and the judge's belief that presenting a legitimate and persuasive action is a breach of contract.