The Journal of Private and Commercial Law (ISSN Print 2599-0314, ISSN 2599-0306 Online) is a scientific publication dedicated to the fields of Private and Commercial Law, as well as related disciplines. It was initiated by the Department of Private and Commercial Law, Faculty of Law at Universitas Negeri Semarang (UNNES), Indonesia. The primary objective of the journal is to facilitate scholarly and professional discussions on current legal developments in Indonesia. Additionally, it aims to showcase innovative legal research focusing on Indonesian laws and the legal system. To ensure accessibility to a global audience interested in Indonesian law discourse, the journal is exclusively published in English. The Journal of Private and Commercial Law warmly welcomes contributions from international legal scholars and professionals, as well as representatives from courts, executive authorities, and relevant agencies. By doing so, it seeks to foster a diverse and comprehensive exchange of ideas and insights in the field. The content of the journal encompasses various novel topics concerning Indonesian laws and the legal system. The review includes a broad range of legal scholarship, covering fields such as: Private Law, Commercial Law, Private International Law, Intellectual Property, Trade Law, Sharia Law, Adat Law, Banking Law, Consumer Protection Law, Insurance Law, Anthropology of Law, Sociology of Law, and Alternative Dispute Resolution. The Journal of Private and Commercial Law embraces diverse approaches to legal studies, including normative, empirical, and comparative law methods. Title : Journal of Private and Commercial Law Editor in Chief : Irawaty, SH., MH., Ph.D. ISSN : ISSN Print 2599-0314 | ISSN 2599-0306 Online DOI Prefix : 10.15294/jpcl Publisher : Faculty of Law Universitas Negeri Semarang Frequency : Biannually (May and November)
Accountability for Error in Procedendo in Bankruptcy Proceedings in Indonesia
This study aims to comprehensively analyze the forms of maladministration that give rise to error in procedendo in the adjudication of bankruptcy cases in Indonesia, and to evaluate the extent to which the principles of accountability and procedural justice are implemented by commercial court judges. Employing a normative legal research method through statutory, case-based, and conceptual approaches, this study examines the Central Jakarta Commercial Court Decision No. 226/Pdt.Sus-PKPU/2023 and the Supreme Court Decision No. 1103 K/Pdt.Sus-Pailit/2024 as the primary bases of analysis. The findings reveal various forms of maladministration, including delays in the cassation process, violations of statutory deadlines, inaccuracies in determining the legal standing of creditors and debtors, and irregularities in the creditor-verification process. These procedural deviations significantly undermine the effectiveness of the principles of expeditious, simple, and low-cost proceedings as mandated by Law No. 37 of 2004. Based on Romzek and Dubnick’s theory of accountability, the study finds that legal and bureaucratic accountability tend to predominate, while professional and political accountability remain suboptimal. Through the lens of Tom R. Tyler’s theory of procedural justice, the research asserts that judicial non-compliance with procedural requirements adversely affects public trust and the perception of fairness in commercial court proceedings. Accordingly, this study recommends strengthening internal oversight mechanisms, enhancing the professional capacity of judges, and ensuring consistent adherence to procedural standards to promote legal certainty and justice in Indonesian bankruptcy proceedings.
Copyright (c) 2025 Journal of Private and Commercial Law
The Broken Bridge: Are Religious Courts Upholding the Promise of Post-Divorce Support for Women and Children in Indonesia?
Women and children occupy a distinct and vulnerable position within the Indonesian legal system, particularly in post-divorce situations. Although statutory provisions and Supreme Court regulations establish a normative foundation for protecting their rights, implementation remains inconsistent across judicial practices. This study examines the evolving role of the Religious Courts in ensuring the fulfillment of women’s and children’s rights after divorce. Using a normative juridical method with statute and conceptual approaches, the research explores the gap between legal norms and enforcement. Findings reveal that despite the limited number of divorce rulings explicitly addressing alimony, the Supreme Court has initiated significant reforms through Surat Edaran Mahkamah Agung (SEMA), strengthening judicial authority to defend vulnerable parties. Furthermore, innovative practices observed in the Religious Courts of Surabaya, Gresik, Bengkulu, and Bontang—such as salary deductions, digital monitoring systems, and inter-agency collaboration—demonstrate effective institutional interconnection in enforcing alimony. The novelty of this research lies in identifying an emergent model of cross-sectoral collaboration within the judiciary that bridges normative law and practical enforcement. Its primary contribution extends beyond the Indonesian context by offering an applicable framework for other jurisdictions facing similar challenges in the protection of women and children’s post-divorce rights. This study underscores that institutional synergy and digital governance can serve as globally relevant strategies for achieving sustainable legal protection and advancing social justice.
A Critical Analysis Of Zimbabwe’s Mines And Minerals Bill In Relation To Strategic Minerals
This paper critically analyses Zimbabwe’s Mines and Minerals Amendment Bill (MMAB), which seeks to reform the outdated Mines and Minerals Act [Chapter 21:05] of 1961. While the Bill introduces progressive elements, particularly through the formal designation of strategic minerals vital to the country’s economic, industrial, social, and security interests, it falls short in several key areas. The MMAB identifies minerals such as lithium, uranium, rare earth elements, and copper as strategic, and mandates that both the State and local communities hold defined stakes in their exploitation. However, the exclusion of critical minerals like gold, iron, chromium, and platinum group metals raises concerns about inconsistencies in mineral prioritisation. The paper highlights deficiencies in the Bill’s failure to clearly define the “special and unique conditions” applied to strategic minerals, as well as its lack of transparent guidelines for their designation—both of which undermine investor confidence and violate international best practices. Furthermore, the MMAB centralises decision-making power within the Ministry of Mines and the Presidency, creating excessive bureaucratic overlap and enabling potential political interference. The Bill also lacks clear frameworks for contract transparency, parliamentary oversight, community benefit-sharing, competitive bidding, and decentralisation of mining governance. To address these shortcomings, the paper recommends that the MMAB be reformed to align with Zimbabwe’s Constitution and international standards such as the Africa Mining Vision and Extractive Industries Transparency Initiative (EITI). A decentralised, inclusive, and transparent legal framework is essential for transforming Zimbabwe’s mining sector into an engine of broad-based economic growth and social development.
Public Interest in Plant Variety Protection: A Comparative Study of Compulsory Licensing in Indonesia and India for Food Security
This research aims to analyze and compare the legal frameworks of compulsory licensing in the Plant Variety Protection systems of Indonesia and India in accommodating public interest parameters and to analyze the granting of compulsory licenses for public interest in supporting food sovereignty and security in Indonesia. This research uses a normative juridical method with comparative and statutory approaches. The study utilizes secondary data, including primary and secondary legal sources, analyzed qualitatively to examine the regulatory differences in compulsory licensing regimes between Indonesian and Indian jurisdictions. The results of this research are: First, The findings indicate that India possesses a more comprehensive legal framework through the PPVFR Act, which explicitly integrates farmers' rights as a core element of public interest. In contrast, Indonesia's regulations remain administratively centered with an ambiguous definition of “public interest”. A fundamental difference lies in the activation procedures: India allows for swifter intervention against seed monopolies to ensure price stability, whereas in Indonesia, the mechanism is not yet optimally implemented due to a lack of technical implementing regulations capable of responding effectively to food crises. Second, the results indicate that while compulsory licensing is legally accommodated within Indonesia’s PVP system as a public interest instrument, its implementation remains suboptimal in supporting food sovereignty. Consequently,compulsory licensing remains passive, prioritizing the protection of breeders' exclusive rights over its strategic role in ensuring seed accessibility for smallholder farmers.
Compulsory Licensing, PVP, IPR, Royalties, License Applicants.
Land Certification of Government Assets Resulted From Swap-Over (Ruislag) to Ensure Legal Certainty of Land Rights (Case Study: Execution Of Ruislag MAN 2 Kuningan)
This research aims to find out the procedure for land certification as a result of the land swap (ruislag) in the implementation of the ruislag between MAN 2 Kuningan and Ciawigebang Village, a more in-depth analysis of the issues and strategies made by the parties involved in the certification process to achieve legal certainty of land rights. This research employs a qualitative research method, drawing on an empirical legal research approach and a sociological perspective. The results of this study indicate that the process of land certification as a result of ruislag is included in the maintenance service of land registration data by the Regulation of the Head of the National Land Agency of the Republic of Indonesia Number 1 of 2010 concerning service standards and land regulations so that a certificate of use rights and a certificate of business use rights for four plots of land to replace the Ciawigebang MAN 2 Kuningan Village Treasury. The issues faced are related to administrative documents, designation of replacement land rights, and land conditions, because the distance between the ruislag process and land registration is quite long. Strategies made are cooperation between the parties, increasing the intensity of coordination between agencies, and reviewing regulations relating to the issuance of ruislag and registration of land rights. With these strategies, the certification process has become easier, thereby ensuring the legal certainty of land rights for rights holders.
RESPONSIBILITY IN SUSTAINABILITY PRINCIPLES IMPLEMENTATION IN INTERNATIONAL OIL TRADE
As globalization grows, it eliminates national boundaries and accelerates international trade, with petroleum being the most traded commodity. However, petroleum, a fossil fuel, produces carbon emissions that contribute to global warming. In response, the principle of sustainability emerged, focusing on ensuring that today's activities do not harm future generations. This study explores the responsibility of upholding sustainability in international oil trade. Specifically, it examines how the principle is adopted in global oil trade and how Indonesia implements it. The research uses a normative-critical approach, including statutory, conceptual, and legal analyses. To align with sustainability, international oil companies must address environmental, social, and economic impacts through the triple bottom line framework, namely people, planet, and profit. By incorporating these principles into their annual reports, oil companies can demonstrate their commitment to sustainability.
Analysis of Judges' Considerations in Religious Court Decision Number 1332/PDT.G/2020/PA.BTL Concerning Default in Business Contracts
This research aims to analyze and find out the legal considerations of the panel of judges in the decision of case Number 1332/Pdt.G/2020/PA.Btl) for the parties of the istishna' sale and purchase agreement which does not stipulate a delivery time limit. This research is normative legal research, which emphasizes the study of statutory norms, principles and principles of positive law, positive legal theory and basically legislative, conceptual and case approaches. In case decision Number 1332/Pdt.G/2020/PA.Btl., the panel of judges considered that the preliminary sale and purchase agreement was declared valid and binding on both parties because it had fulfilled the legal requirements of the agreement. As a legal consequence, the agreement remains valid and binding on both parties. Both parties still have the obligation to complete their achievements in good faith.
Optimizing The Empowerment Of Mediation Institutions In Banking Dispute Resolution In Indonesia
The development of the banking business in the digitalization era is increasingly complex, which has the potential to cause disputes with a variety of legal issues. This writing aims to examine and analyze how to empower mediation institutions in resolving business disputes in Indonesia. This writing method is included In the provisions of laws and regulations both in the Civil Code, the Law on Banking, Law Number 30 of 1999 concerning Alternative Dispute Resolution and Arbitration, including technical regulations at the Judicial level such as Supreme Court Regulation Number 1 of 2016 regarding Mediation, it has been regulated regarding the Mediation settlement mechanism. There are various factors that affect mediation institutions that cannot be carried out optimally, namely, banking mediation regulations are inadequate, lack of public understanding (customers), weak banking mediation institutions, weak implementation of mediation. It is necessary to make a social-comprehensive legal breakthrough so that mediation institutions can be empowered more optimally in resolving banking disputes.
Analysis of The Impact of News Related to The Company's Image on Share Sales in Stock Market
The primary purpose of this research is to examine the stock price of a company's shares, which has brought negative information available on the Indonesia Stock Exchange (IDX) to the case of any company. One of many go-public companies' corporate name is PT X. One of its subsidiaries is PT Y, the eSAF frame manufacturer for motor vehicles. This study employs a normative legal approach using library research techniques as the data collection method and analyzes two approaches in research methods: statute and conceptual. The results show that a good quality product leads to negative publicity for the firm, which in turn results in the selling of shares by investors, leading to a fall in PT X stock prices. This paper emphasizes negative news flow regarding stock prices and approaches it from both the stock and investor perspective. The research's contribution focuses on the relations between corporate news, investors, and stock market activity, looking at the example of the Indonesian market, which has practical value for investors, companies, and market regulators. The eSAF frame was one of the reasons, though attention towards the weight and corrosion resistance properties was highlighted. The outcome of this situation was the declining prices of PT X stock because the negative news caused investors to pull out their investments in PT X shares. This shows that share prices quickly move in the direction of the news, especially bad news, and the investors' perception of the company regarding market performance.
Risks of Consumer Personal Data Protection at the Personal Data Processing Stage of E-Commerce Websites
The advancement of information and communication technology has made privacy boundaries thinner. Various personal data on E-Commerce websites are increasingly easy to spread, which creates risks at every stage of personal data processing. This is important to be given further attention, given the high number of transaction valuations that occur through E-Commerce websites. This research aims to analyze what forms of risks can occur at each stage of personal data processing on E-Commerce websites. The stages of personal data processing described in this research are the stages of personal data processing as stipulated in Law Number 27 Year 2022 on Personal Data Protection. This research utilizes a library research method by focusing on legal materials so that it can be said to be library based. The results show that there are different risks at each stage of personal data processing on E-Commerce websites, both before the storage of personal data, and after the storage of personal data by the personal data controller. This can be in the form of data collection that is not in accordance with applicable regulations, lack of transparency of data collection, and data collection that is not specific, unlimited, and illegal, unauthorized access, disclosure in an unauthorized manner, unauthorized modification, misuse, destruction, and loss of personal data on the system. To reduce the impact of risks, things that can be done are to update the system regularly, or increase the capacity of human resources who process personal data.
Effectiveness Of Registered Letter Summoning Laws (After The Supreme Court Circular Letter Number 1 Of 2023)
A court summons via registered letter has different implementation procedures from a manual court summons by handing over a letter by a postal officer which was previously handed over by a bailiff, This research aims to determine the level of legal effectiveness of summons by registered letter and how to overcome the obstacles that arise in implementing summons by registered letter at the Ambarawa Religious Court. This research is qualitative research with an empirical legal research approach. The implementation of the recorded summons has not been effective in terms of legal factors and facilities and infrastructure factors. The Supreme Court needs to improve regulations and provide adequate facilities and infrastructure and needs to carry out monitoring and evaluation of PT Pos Indonesia (Persero) which is then carried out by the court and each postal branch.
Court Summons, Tracking Post, legal effectiveness.
Legal Dynamics of Inheritance Across Religions Between Heirs and Beneficiaries in Indonesia
This article discusses the legal dynamics of inheritance of different religions between the testator and the heirs in Indonesia by comparing the inheritance law in the Civil Code and the Compilation of Islamic Law (KHI). The method in this article is legal research. This research is prescriptive, which is to provide an assessment of something that should be done. This research uses a case approach, namely by examining the legal reasons (ratio decidendi) used by the judge in the decision or determination. The results of this article conclude that according to inheritance law in the Civil Code, there is no recognition of religious differences as a barrier to inheritance, in other words, it is valid for people of different religions to become heirs or inherit. Whereas in the Compilation of Islamic Law (KHI), religious differences are a barrier for someone to get an inheritance from the heir. Although Islamic law and KHI do not recognize inheritance of different religions, the case of inheritance of different religions between the testator and the heir in Indonesia in several Supreme Court Decisions in Indonesia can be concluded that the Panel of Judges who decide cases regarding heirs of different religions with the testator can obtain inheritance through compulsory probate.
Analysis of the Utilization of Artificial Intelligence in Shopee's Live Feature Based on Competition Law
The rapid development of technology has had a significant impact on various aspects of life, one of which is the economic sector. The application of technology in the economic sector involves the use of AI in e-commerce, particularly in the live feature of Shopee, which provides substantial benefits for business actors. However, it can also create imbalances in the market at times. The market imbalance has led to unhealthy business competition practices that are contrary to Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The purpose of this research is to analyze the utilization of AI in Shopee's live feature, which is indicated to potentially lead to unfair business competition practices based on Competition Law. The method used in this research is normative empirical, combining the implementation of positive law with legal events occurring in society. The utilization of AI in Shopee's live feature causes an imbalance in the market by providing significant advantages to business players who possess multiple AI models, allowing them to dominate up to 50% of the market share for certain products and hindering new competitors from entering the market. The use of AI in Shopee's live feature leads to market dominance and a dominant position by business players, which contradicts Articles 19 and 25 of Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition.
Unlawful Acts in Determination of Joint Property and Donations Study of Decision Number 190/Pdt.G/2018/Pn.Kpg
Analysis of Padang District Court Decision Plaintiff Name Aleta Salomi Derica Kale-Pa Number 190/Pdt.G/2018/PN.Kpg., concerning joint property grants. The legal issues raised in this analysis are: How is the analysis of the determination of joint property in Decision Number 190/Pdt.G/2018/PN.Kpg? And how can grants and control over the object of the grant be categorized as unlawful acts in Decision Number 190/Pdt.G/2018/PN.Kpg? The method used in this analysis is the IRAC Method which is a legal reasoning method with issue analysis (I), rule of law (R), argument (A), and conclusion (C). Several legal issues analyzed from the decision are to determine the object of the grant, in this case land, which is joint property, the judge's first step is to prove that the plaintiff and the landowner are husband and wife as evidenced by the Marriage Certificate. Then the next proof is related to the determination of joint property as evidenced by the land sale and purchase document. Regarding the sale and purchase process, it is also supported by the testimony of witnesses who in essence state that the witnesses know directly about the sale and purchase of the land. The grant in Decision Number 190/Pdt.G/2018/PN.Kpg has been declared as an unlawful act because the object of the grant has been proven to be joint property that was granted without the consent of the Plaintiff as the wife of the landowner. Thus, the grant is declared contrary to Article 36 paragraph 1 of Law Number 1 of 1974 concerning Marriage, Article 1666 of the Civil Code and Article 584 of the Civil Code. So based on the civil legal basis, the grant made by an unauthorized party must be declared null and void as an absolute nullity with all its legal consequences. Thus, according to the research, the decision of Decision Number 190/Pdt.G/2018/PN.Kpg is correct because the judge's considerations are in accordance with the concrete evidence as submitted by the parties.
Grants, Joint Property, Unlawful Actions.
Liability of E-Commerce Service Providers for Processing Consumer Personal Data (Comparative Study of Indonesia & Europe)
This study examines the regulatory mandate governing the liability of E-Commerce service providers in protecting personal data in personal data processing according to Law Number 27 of 2022 and General Data Protection Regulation. To support the fulfillment of the rights of consumers as owners of personal data and E-Commerce service providers as controllers of personal data, it is necessary to study the regulation of the liability of E-Commerce service providers in protecting personal data in personal data processing in other countries that first have personal data protection arrangements. The research method used to achieve the research objectives and targets is normative legal research with a legislative and comparative approach. The type of research used in this research is normative juridical research that gathers primary data through the analysis of relevant legal regulations and also includes the use of supporting scholarly journals. E-Commerce Service Providers as Personal Data Managers Against Consumer Personal Data Processing in Europe, in principle, have the same form of personal data processing as Indonesia, namely processing of personal financial data, full name, gender, nationality, user location, and personal data combined to identify a person in the form of telephone numbers and IP Addresses. However, European countries have different types of personal data from the rules in Indonesia.
The Interconnection Between Arbitration and Commercial Courts: Scenarios, Issues, and A Proposal
There is a possibility that parties who have put an arbitration clause in their agreement may still bring bankruptcy or suspension of debt payment obligations before the Commercial Court (“Pengadilan Niaga”). In another scenario (Scenario 2), this situation can also—and often does—occur due to a third party, not bound by the arbitration clause, filing a bankruptcy petition against one of the parties. This article examines two key aspects when both forums are utilized: (1) the interrelation between these two forums in the context of the consequences of their respective decisions on each other; and (2) the conflicting principles, such as confidentiality and trust in arbitration versus public openness and distrust in Pengadilan Niaga. When one party ultimately submits a bankruptcy case to Pengadilan Niaga, the confidentiality of the dispute is compromised, and mutual trust is eroded. However, this reality is not strong enough to justify eliminating the potential overlap between arbitration and Pengadilan Niaga, given that scenarios where a third party files a bankruptcy petition can also occur. In such a scenario, the issue extends beyond the mere clash of principles. A proper framework to regulate the intersection between arbitration and Pengadilan Niaga needs to be formulated, taking into account the two scenarios that may arise.
The interrelationship between arbitration and Commercial Court
Indonesia's Trade Policy In Responding To Free Trade In The Midst of Uncertain Conditions
Free trade widens the gap between developed and developing countries, according to Global Food Security Index data, Indonesia is ranked fourth in ASEAN with a score of 60.2. Indonesia's score is still low compared to the global average of 62.2. It is necessary to emphasize the role of the government to realize laws and policies with the right budget allocation to encourage the performance of a more competitive business environment. This research answers the politics of free trade law amid uncertain conditions in Southeast Asia and the Indonesian government's protection of business people in free trade. By using socio-legal research methods based on an interdisciplinary approach, the author realizes that normative legal research is not enough to analyze free trade policies, so socio-legal research is needed to explain the relationship between law and community facts comprehensively. The results of this study answer that Indonesia as a member of the Association of Southeast Asian Nations (ASEAN) which has currently developed the ASEAN Free Trade Area (AFTA) policy seeks to reduce intra-regional tariffs among its members through the Common Effective Preferential Tariff (CEPT) Scheme. The World Trade Organization (WTO) is expected to bridge all the interests of countries in the world in the trade sector. Legal protection for business people exists because of the legality of the business. One form of protection of the Indonesian government is the promulgation of various legal regulations governing economic activities and free trade.
ASEAN, Free trade, Business, Political Law
Satria Unggul Wicaksana Satria Unggul Wicaksana
Copyright (c) 2024 Journal of Private and Commercial Law
Copyright Protection In Digital Rights Management Systems: Legal And Technical Challenges In Implementing Effective Solutions
This research aims to examine copyright protection against unlawful acts, particularly in the context of piracy and claims over songs in the era of disruption. Through a normative juridical approach and data collection techniques via library research, this study explores the theoretical foundations of justice in law, the definition of unlawful acts, and the urgency of copyright protection for musical works. In-depth analysis is conducted on copyright discourse concerning music piracy, as well as the concept of legal protection that offers solutions and ideals for piracy or claims over songs. The research findings indicate that song piracy is not merely a common legal violation but also threatens the economic sustainability and creativity of music creators. Therefore, copyright protection must be accompanied by proactive preventive measures and effective law enforcement. In conclusion, copyright protection is a prerequisite for achieving justice in the music industry in the current digital era, requiring cross-sector collaboration and policy innovation to address the challenges faced.
The Principle of Utility in Revoking a Bankruptcy Adjudications in Bakruptcy Law
Abstract Bankruptcy law regulates the unity of assets due to bankruptcy adjudications, as stipulated in Article 64 paragraph (1) of the Bankruptcy Law, which establishes that "The bankruptcy of a husband or wife who is married under a unity of assets shall be treated as the bankruptcy of that unity of assets." However, bankruptcy law does not yet address the unity of assets that remain undivided due to divorce, and the case where a husband or wife who has divorced is declared bankrupt. The bankruptcy orders against these distinct legal subjects have been filed in separate commercial courts, indicating that they are indeed separate legal subjects. The question arises whether the undivided unity of assets can undergo a consolidation of bankrupt assets for both parties in separate cases. Drawing from Article 2 paragraph (1) of the Bankruptcy Law, which stipulates that "A debtor who has two or more creditors that remain unpaid and one of them has fallen due may be declared bankrupt," we inquire whether this principle can be applied. Likewise, based on the principle of integrity and the absence of provisions regarding undivided shared assets, this study adopts a generic legal approach. This research employs a normative methodology with the analytical framework of Kees Schuit's legal system theory and the goal theory of law, founded on the three general principles of Gustav Radbruch: certainty, utility, and justice. In conclusion, this research possesses prescriptive value in the realm of legal scholarship, particularly within the scope of bankruptcy law. KEYWORDS: Principle of Justice, Undivided Shared Assets, Bankruptcy Adjudications
Independent Authority on Personal Data Protection in Illegal Financial Technology: Capturing Peer-to-Peer (P2P) Lending Issues
Today's innovative industry is rapidly growing, fuelled by technology utilization and an increasingly diverse range of economic models. One of these models includes the rise of illegal financial technology peer-to-peer lending (illegal fintech P2P lending), which is increasingly gaining popularity within society. There exist various regulations designed to safeguard the personal data of debtors involved in illegal fintech P2P lending. This study employs a normative doctrinal approach utilizing three research methodologies: statute, comparative, and conceptual approach. The research reveals that while some standard rules have been elucidated, there lacks specificity regarding the responsible institution. The study collected information indicating numerous instances of debtors misusing personal data through illegal fintech P2P lending This highlights the continuous legal framework overseeing the balancing act of safeguarding personal data in Indonesia. comparing it to the typical legal principles governing personal data protection in other nations with principles on common law. Consequently, this study concludes that the current handling of debtors' personal data misuse in illegal fintech P2P lending by the Personal Data Protection Agency remains sectoral. It emphasizes the necessity for a more comprehensive, independent institution to offer optimal legal protection for debtors' personal data in the context of illegal P2P lending using fintech.
Mediation as an Effort to Resolve Disputes on Ownership and Control of Heirs' Land
Support the successful implementation of mediation. This research uses a juridical-empirical approach. Data sources come from primary and secondary data using interview and documentation data collection techniques. Data validity uses triangulation which is then analyzed qualitatively. The research results show that (1) their disputes, according to Dean G. Pruitt and Jeffrey Z. Rubin's dispute theory, are caused by differences in interests and one of the effective resolution efforts is mediation. The implementation of this mediation resulted in an agreement to inherit; split property rights; and carry out a transfer of rights or change of name. (2) The successful implementation of mediation is in accordance with Lawrence M. Friedman's theory because it is supported by legal structure, legal substance, and legal culture. The strategy implemented is to ensure that disputes are resolved through mediation; coordinate with legal counsel; declare readiness to provide assistance; and communicate with the parties to the dispute.
Analysis of Grondkaart as Land Ownership Rights in the Perspective of Land Law in Indonesia
A land dispute case was experienced by residents of Kebonharjo, Tanjung Mas Village, Semarang City against the Indonesian Railways Limited Company (PT KAI), where PT. KAI claims that the Kebonharjo Residents' land belongs to PT. KAI with grondkaart as a proof base. The State Treasury Law is the main basis regarding grondkaart. Decision “No. 227/Pdt.G/2016/PN. Smg,” provides information that grondkaart is still legally valid. Meanwhile Law no. 5 of 1960 and Law no. 23 of 2007, provide mutual explanations regarding orders for making certificates for land rights. This article uses a normative juridical approach, and descriptive analysis of the basis of land ownership rights in the form of grondkaart. The research results show that a state based on Pancasila really prioritizes the value of material justice which originates from the will of the people who have a strong relationship with their land, so that it can be equated with human rights. The state cannot arbitrarily control people's land rights, and the law must be in accordance with the wishes of the community, namely as a form of service by the state, not a form of confiscation by the state. Grondkaart is not stronger than a land certificate, where the form of a land certificate is considered stronger because it contains the will of the community to transfer it consciously and is not a form of confiscation. From a normative juridical point of view, Indonesian land law does not adhere to legal positivism in which Indonesian society is united by the awareness in their souls to will on the basis of Pancasila, so that their will cannot be concretized by the state in the form of any regulations, but state regulations remain as a means of order and realizing shared prosperity.