scholarly journals Perlindungan Hukum Terhadap Pengguna Aplikasi E-Commerce yang Terdampak Kebocoran Data Pribadi

2021 ◽  
Vol 14 (2) ◽  
pp. 165-174
Author(s):  
Maldi Omar Muhammad ◽  
Lucky Dafira Nugroho
Keyword(s):  
Government Regulation ◽  
Personal Data ◽  
Legal Protection ◽  
Electronic Systems ◽  
Electronic Trading ◽  
Trading System ◽  
Media Companies ◽  
Legal Provisions ◽  
Technological Developments ◽  
Communication And Information Technology

Technological developments continue to develop very rapidly, one of which is in the electronic trading system, hereinafter referred to as e-commerce. Along with this, there are concerns from E-Commerce application media users regarding personal data stored by E-Commerce application media companies, so that more specific rules are needed regarding legal protection for E-Commerce application users. The purpose of this research is to further review the rules related to legal protection for users who are affected by the leakage of personal data on E-Commerce media such as based on the agreement in the Terms and Conditions as well as the rules of related laws such as, the ITE Law and its amendments, PP 71/2019 concerning the Implementation of Electronic Systems and Transactions, Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems, Regulation of the Minister of Communication and Information Technology Number 20 of 2016 concerning Protection of Personal Data in Electronic Systems. The method used in this research is normative juridical research, with a statutory approach. The collection of sources of legal materials, both primary and secondary, is carried out through laws and regulations and all official documents that contain legal provisions and searches related to research results such as journals and the internet.

scholarly journals KONSEP “HUKUM SEKSUAL” SEBAGAI INSTRUMEN PERLINDUNGAN HUKUM YANG BERKEADILAN BAGI PEMBUAT VIDEO MESRA (SEX TAPE MAKER)

2021 ◽  
Vol 4 (2) ◽  
pp. 213-224
Author(s):  
Revita Pirena Putri ◽  
Jennifer Laura Bachsin ◽  
Yovita Arie Mangesti
Keyword(s):  
Random Sampling ◽  
Government Regulation ◽  
Legal Protection ◽  
Electronic Systems ◽  
Electronic Information ◽  
Forming Technology ◽  
Using Data ◽  
Society Perspective ◽  
Video Makers ◽  
Descriptive Method

AbstractThe evolution of the era from time to time, forming technology even more sophisticated. Capturing moments with your lover such as recording intimate videos is something that is often done by many people, especially adolescent. But in recording the video, there are several things that need to be considered. For example, there must be an agreement or consent between the two parties so there’s no misleading which could be categorized as a criminal act of pornography. If that happens, then there is a need for a “legal umbrella” that protects the video makers. Hitherto, the “legal umbrella” about the form of legal protection for these intimate video makers has not been clearly written. In this study, the authors used a juridical normative method, based on acts as the basis for the research. The acts that are used as a reference are Acts 44 of 2008 concerning Pornography, Government Regulation 71 of 2019 concerning Implementation of Electronic Systems and Transactions, and Act 19 of 2016 concerning Amendments to Acts 11 of 2008. regarding Electronic Information and Transactions. Furthermore, the author also used a descriptive method which undertake research using data that was taken from the society through an online seminar to find out the society perspective about recording intimate videos which is the topic of the author's research.Keywords: consent;  intimate videos;  legal protectionAbstrakPerkembangan zaman membuat teknologi menjadi semakin canggih dan digunakan di segala bidang. Teknologi membawa perubahan gaya hidup. Kebiasaan mengabadikan momen dengan pasangan seperti membuat video mesra merupakan gaya hidup yang kerap kali dilakukan oleh banyak orang, terutama dari kalangan muda. Tetapi dalam pembuatan video tersebut, ada beberapa hal yang perlu diperhatikan, yaitu harus ada persetujuan atau consent antara kedua belah pihak agar hal ini tidak berujung pada  tindak pidana pornografi. Pembuatan video yang bertujuan untuk dokumentasi pribadi berkemungkinan untuk menjadi objek Dalam penelitian ini, peneliti menggunakan metode pendekatan perundang-undang, dengan berdasarkan pada undang-undang sebagai dasar penelitian. Undang-Undang yang dijadikan sebagai acuan penelitian adalah UU No. 44-2008. Selain itu, peneliti juga menggunakan metode deskriptif kualitatif, yang mana dalam hal ini peneliti melakukan penelitian dari random sampling data kuisioner yang diambil di masyarakat melalui sebuah seminar online guna mengetahui pemikiran dan pandangan masyarakat tentang pembuatan video mesra yang menjadi topik penelitian peneliti.

The order of property realisation in bankruptcy (insolvency) procedure under the law of Ukraine and Germany

2021 ◽  
Vol 28 (4) ◽  
pp. 210-222
Author(s):  
Oleksandr D. Sviatotskyi ◽  
Rodion B. Poliakov
Keyword(s):  
Legal Framework ◽  
Legal Analysis ◽  
Electronic Trading ◽  
Trading System ◽  
Legal Study ◽  
Judicial Practice ◽  
Legal Provisions ◽  
German Legislation ◽  
The Law ◽  
The Right

The article represents a comparative legal study of the specifics of the order of debtor's property realisation in the bankruptcy procedure under the law of Ukraine and Germany through the application of hermeneutic (used in accessing the essence of the legal framework and judicial practice); axiological (in determining the evaluative base) along with phenomenological (and the nature of the phenomena); systematic (modeling of the functioning systems) methodological toolkit. The authors emphasise the importance of legal provisions governing the sale of the debtor's property, due to the natural proximity of this stage of the competitive process to the financial component, which, in turn, is inevitably associated with various abuses. An electronic trading system had been recently introduced in Ukraine, on which therefore many hopes and expectations were relied upon. However, the electronic trading system did not cope with tasks set, and many new problems were added to the old ones. The article states that the existence of problematic issues in the procedure of bankrupt property realisation is confirmed, in particular, by the court practice. However, judicial practice in itself often becomes a source of problems. The article pays special attention to the German legislation, which uses a radically opposite model of property sale in insolvency proceedings. The authors justifiably propose to make certain changes to the Ukrainian legislation, by using the positive experience of Germany. As a result of a comparative legal analysis of the legislation of Ukraine and Germany, the authors provide ways of solving the raised issues in the article. The implementation of the recommendations submitted within this comparative-legal study should improve the quality of bankruptcy proceedings, reduce the number of abuses by insolvency trustees, as well as protect the rights and property interests of competitive creditors and creditors with the right of separate satisfaction

scholarly journals Perlindungan Hukum terhadap Data Pribadi Pengguna Jasa Transportasi Online

2020 ◽  
Vol 1 (1) ◽  
pp. 1-7
Author(s):  
I Gusti Dama Galang Devara ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Service Provider ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Regulation ◽  
Service Users ◽  
Transportation Services ◽  
Community Activities ◽  
Transportation Service ◽  
Civil Suit ◽  
Technological Developments

Technological developments have brought an impact on all community activities, one of which is the emersion of online transportation services such as those provided by Gojek, Grab, Uber, and others which do not only provide the services of riding but also the services of the delivery of goods, food and others. Using online transportation services requires users to download the application and register themselves. However, the personal data of the service users are often misused by drivers for certain reasons and purposes. To overcome and anticipate this, a strict legal regulation appearing as the legal umbrella to protect each online transportation user from misuse of their personal data by the driver is necessary. This study examines the forms of legal protection for users of online transportation services. Conducted in the design of normative legal research, the study makes use of articles and paragraphs of the laws on transportation and several other related laws. The results of the study indicate that legal protection for users of online transportation services from misuse of their personal data takes the form of repressive legal protection. Online transportation service users are permitted to file a civil suit to the online transportation service provider and to file a direct criminal suit regarding the acts of the driver, not on behalf of the online transportation service provider. Efforts to resolve the dispute-causing acts of misuse of personal data of online transportation service users can be made through deliberations, arbitration and courts. The three forms of settlement are in accordance with Article 45 Paragraph (1), (2) of the Indonesian Basic Agrarian Law and Article 6 of the Arbitration Law. Regarding the act of arbitrary canceling the use of online transportation services by service users appears a crucially urgent object to be studied from a legal perspective in the next studies.

scholarly journals Legal Protection Arrangements in Indonesia for Privacy Rights in Cases of Personal Data Leakage

2021 ◽  
Vol 04 (12) ◽  
Author(s):  
Yudo Arhuma Binardy ◽  
Keyword(s):  
Data Protection ◽  
Information Disclosure ◽  
Government Regulation ◽  
Personal Data ◽  
Legal Protection ◽  
Secondary Data ◽  
Research Approach ◽  
Privacy Rights ◽  
Personal Data Protection ◽  
Data Protection Law

This study aimed to analyze the legal protection arrangements in Indonesia for privacy rights in cases of personal data leakage and to examine the urgency of the establishment of the Personal Data Protection Law as an effort to prevent personal data leakage. This study used a normative juridical research approach, the type of data was secondary data with data collection techniques in the form of library research and documentation studies. The results of this study are that the privacy right gets legal protection in Indonesia through Law Number 19 of 2016 concerning Information and Electronic Transactions, also regulated in its implementing regulations, namely Government Regulation Number 71 of 2019 and Regulation of the Minister of Communication and Information Technology Number 20 of 2016. The regulation has not been able to overcome the rampant cases of privacy rights violations and has not been able to protect the owner of personal data. The stipulation of a personal data protection law as an effort to combat the leakage of personal data is an urgent matter to meet the demands of information disclosure in government institutions and protect individual rights concerning collection, processing, maintenance, dissemination of personal data.

scholarly journals Legal Protection for Problem Debtor Related to the Use of the Artificial Intelligence System in Peer to Peer Lending

Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 657
Author(s):  
Yusuf Arif Utomo
Keyword(s):  
Artificial Intelligence ◽  
Financial Services ◽  
Service Providers ◽  
Personal Data ◽  
Legal Protection ◽  
Electronic System ◽  
Peer To Peer ◽  
Conceptual Approach ◽  
Legal Provisions ◽  
P2p Lending

In the era of digital economic development, the community continues to innovate in terms of providing lending and borrowing services. One form of development of Financial Technology (fintech) is the distribution of funds through the Peer to Peer (P2P) Lending system. Where this system has more or less the same role as banks, namely as an organizer; from parties who have funds (investors) to those who need funds (debtors) whose methods are carried out online. The distribution of funds through the P2P Lending system has developed rapidly in Indonesia. In carrying out its business, the loan and loan service provider uses an electronic system that is a series of electronic devices and procedures that function to disseminate information in the field of financial services. The electronic system can also be referred to as Artificial Intelligence (AI). By using AI, loan and loan service providers can find out all the debtor's personal data, where in the end the debtor becomes disadvantaged because his personal rights are violated. On the other hand there are no legal provisions in Indonesia that can protect debtors in this regard. So that in this study later will discuss about the extent of legal arrangements related to the protection of debtors in the P2P Lending system using AI. This research uses the statute approach method; namely the approach through legislation and conceptual approach, namely the legal approach through the concepts and opinions of legal experts.

scholarly journals CELEBRITY PERSONA: LEGAL RIGHTS IN MALAYSIA

2020 ◽  
Vol 5 (19) ◽  
pp. 145-155
Author(s):  
Nor Azlina Mohd Noor ◽  
Ahmad Shamsul Abd Aziz ◽  
Mazita Mohamed
Keyword(s):  
Social Media ◽  
Intellectual Property ◽  
Personal Data ◽  
Legal Protection ◽  
The United States ◽  
Legal Rights ◽  
Property Law ◽  
Intellectual Property Law ◽  
Personal Data Protection ◽  
Legal Provisions

A celebrity has its own persona and has a right that can be protected by the law. The status of a celebrity can be obtained in certain circumstances such as through birth or descent as well as through skills or occupation. Celebrity rights are special and unique rights. This is because the right seems to be the property and belongs to the celebrity. The words celebrity is often associated with fame, money, power, publicity, extravaganza, achievements, fandom, culture, and is sometimes matters relating to scandal or even for something shameful. Accordingly, the public has no right to arbitrarily use the celebrity's right. Celebrity rights can be made up of three main rights which are personality, privacy, and publicity rights. In the age of social media, almost everyone can be a celebrity. Therefore, legal protection for celebrities is very important to be discussed. In Malaysia, there is no specific legislation regarding celebrity rights such as those found in other countries such as the United States. An issue that needs to be taken into account is in the absence of the specific law, how do the rights of these celebrities are legally protected in Malaysia. Therefore, this article discusses celebrity rights and related laws in Malaysia, especially under intellectual property law. This article applied the method of legal research through library research. This article concludes that while Malaysia does not have any specific legal provisions for celebrity rights, the infringement of celebrity rights can be catered upon through a variety of relevant laws such as intellectual property law like several provisions relating to copyright and trademark protection. In addition, with the advent of social media, celebrity rights are also protected by laws such as the Communications and Multimedia Act 1998. Privacy-related laws such as the Tort law and the Personal Data Protection Act 2010 can also be used to protect these celebrity rights.

scholarly journals Protection for Franchisee of Unregistered Trademark

2021 ◽  
Vol 7 (10) ◽  
pp. 790
Author(s):  
Doyo Utomo ◽  
Adi Sulistiyono ◽  
Pujiyono Pujiyono
Keyword(s):  
Intellectual Property ◽  
Government Regulation ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Business Owner ◽  
Registration Process ◽  
Legal Provisions ◽  
Secondary Data Sources ◽  
And Training

The administration of Indonesian franchises is specifically regulated through a Government Regulation and a Regulation of the Minister of Trade. Apart from being subject to the rules that specifically regulate, it must also be based on other legal provisions in the field of Intellectual Property and the Civil Code because franchising is an agreement that arises and is binding due to a franchise agreement. Problems that often arise are about the existence of intellectual property which is still in the registration process and not yet certified, but the business owner has franchised or entered into a partnership with other parties which results in legal uncertainty and guarantees the full use of intellectual property by the franchisee. So that researchers are interested in raising the title of research on Protection for Franchisee of Unregistered Trademark with the aim to find out what forms of legal protection for the franchisee. In this study, an empirical juridical research method is used with a statutory and case approach with primary and secondary data sources which are then analyzed way of the descriptive analysis. From this research, the results show that the protection of the franchisee in the event that intellectual property is unregistered there are several forms, namely the guarantee of intellectual property objects that must be included in the agreement clause, compensation for costs or capital and compensation as well as assistance, coaching and training so that the franchisee is the party who in good faith get their full rights.

scholarly journals Legal Protection of Parties in Online Credit Agreement (Peer to Peer Lending) A Case Study of PT Vcard Technology Indonesia

2019 ◽  
Vol 06 (03) ◽  
pp. 511-532
Author(s):  
I Made Darma ◽  
Putu Jadnya
Keyword(s):  
Information Technology ◽  
Financial Services ◽  
Government Regulation ◽  
Personal Data ◽  
Legal Protection ◽  
Peer To Peer ◽  
Legal Certainty ◽  
Peer Lending ◽  
The Government ◽  
Credit Agreement

The development of digital economy has led people to adapt to the use of services in information-technology-based loan or peer-to-peer lending. In early 2019, the V-loan case attracted attention of many people. The case has made debtors depressed, removed from their own houses, etc. Some debtors even were fired from works. In a case, the loan provider misused debtors’ personal data in debtors’ cell phones. The loan provider created WhatsApp groups containing all debtors’ contacts, including the debtors. Then, they uploaded pornographic content. Their objective was to defame debtors. Parties involved in loan agreement should adhere rules and arrange for reasonable loan. To discuss this matter, it is necessary to review agreement based on the Law on Electronic Information and Transaction and the Regulation of Financial Services Authority number 77 of 2016. The study focused on legal protection of parties involving in P2P lending activities. The credit agreement of peer-to-peer lending is considered valid if it is based on Article 47 of the Government Regulation number 82 of 2016. Standard contract must be based on Article 20 of the Regulation of Financial Services Authority number 77 of 2016. Electronic signature is also required based on Article 41 of the Regulation. In addition, the application of information technology and electronic transactions must be carried out based on the principles of legal certainty, benefits, good faith, and the freedom of choice of technology based on Article 3 of Law Number 19 of 2016. Principles and objectives are fundamental elements of legal certainty. Therefore, organizer and the government must protect user of peer-to-peer lending.

scholarly journals PERLINDUNGAN DATA PRIBADI TERHADAP TINDAKAN PENYEBARAN SEX TAPE MENURUT HUKUM POSITIF DI INDONESIA

2021 ◽  
Vol 5 (2) ◽  
pp. 440
Author(s):  
Moody R Syailendra
Keyword(s):  
Negative Impact ◽  
Positive Impact ◽  
Human Life ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Research ◽  
Protection Measures ◽  
Know How ◽  
Technological Developments ◽  
The Right

Technological developments give rise to various kinds of influences in human life. This influence not only has a positive impact, but also has a negative impact because of the misuse of technology. One of the recent incidents is the widespread distribution of pornographic videos (sex tapes) played by artists or ordinary people, for the benefit of the spreader or as a medium for extorting objects in photos/videos. This paper aims to look at forms of legal protection against the ownership of personal data containing pornography and to see steps that private owners can take to protect their personal data. In this paper, the author uses a legal research method, which is a know-how activity (finding how), not just know-about (searching about). As a know-how activity, legal research is conducted to solve legal issues faced. In this study, it can be concluded that the Electronic Personal Data containing pornography can be protected by law as a scope for the personal interests of the object in the photo/video itself. However, the data must be maintained and stored so that there is no access from other parties who can disseminate the data. The owner of personal data has personal rights to his electronic personal data, if the personal data is in the hands of another person, then the right holder has the authority to do something or not to do something to his personal data. One of the protection measures that can be taken is the destruction of personal data to prevent data misuse. Perkembangan teknologi memunculkan berbagai macam pengaruh di dalam kehidupan manusia. Pengaruh tersebut tidak hanya memberikan dampak positif, tetapi juga turut berkembang pula pengaruh negatif Sebagai dampak penyalahgunaan teknologi. Salah satu kejadian yang marak belakangan ini adalah maraknya penyebaran video porno (sex tape) yang diperankan oleh kalangan artis atau masyarakat biasa, demi keuntungan penyebar atau sebagai media pemerasan kepada objek di dalam foto/video. Tulisan ini memiliki tujuan untuk melihat bentuk perlindungan hukum terhadap kepemilikan data pribadi bermuatan pornografi dan melihat langkah yang dapat diambil pemilik pribadi untuk melindungi data pribadi miliknya. Pada tulisan ini, penulis menggunakan metode penelitian hukum, yaitu suatu kegiatan know-how (mencari bagaimana), bukan sekadar know-about (mencari tentang). Sebagai kegiatan know-how, penelitian hukum dilakukan untuk memecahkan isu hukum yang dihadapi. Dalam penelitian ini, dapat disimpulkan bahwa Data Pribadi Elektronik bermuatan pornografi dapat dilindungi oleh hukum sebagai lingkup untuk kepentingan pribadi objek di dalam foto/video sendiri. Namun data tersebut haruslah dijaga dan disimpan agar tidak ada akses dari pihak lain yang dapat menyebarluaskan data tersebut. Pemilik data pribadi memiliki hak pribadi terhadap data pribadi elektroniknya, apabila data pribadi tersebut berada di tangan orang lain, maka sebagai pemegang hak memiliki wewenang untuk melakukan sesuatu atau tidak melakukan sesuatu terhadap data pribadinya. Salah satu upaya perlindungan yang dapat dilakukan dengan pemusnahan data pribadi untuk mencegah penyalahgunaan data.

scholarly journals Data Privacy in Electronic Commerce: Analysing Legal Provisions in Iran

2016 ◽  
Vol 9 (7) ◽  
pp. 133
Author(s):  
Parviz Bagheri ◽  
Kamal Halili Hassan
Keyword(s):  
Electronic Commerce ◽  
Privacy Protection ◽  
Data Privacy ◽  
Personal Data ◽  
Legal Protection ◽  
Internet Commerce ◽  
Protection Measures ◽  
Legal Provisions ◽  
Commerce Law ◽  
Data Privacy Protection

This article discusses the legal protection of data privacy in electronic commerce in Iran. Currently, there is a gap in respect of data privacy protection in Iran as there is no specific privacy legislation in force. Consequently, e-consumers dealing in internet commerce are less protected. However there are rules and regulations in the laws in Iran such as the Islamic Republic (IR) of Iran Constitution, Computer Crimes Act, Penal Code, and Civil Liability Act which relate to privacy in general, although not directly related to data privacy in e-commerce. The Electronic Commerce Law (ECL) is the main legislation in Iran which contains some provisions on personal data privacy. This article discusses the relevant provisions in the ECL pertaining to data messages and privacy and interprets its various meanings to determine whether they are in line with well established principles found in good data privacy protection measures.

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