Perspektif Hukum

Developing a Regulatory Model for Digital Inheritance of Cryptocurrency Assets: the Indonesian Legal Perspective

Putri Purbasari Raharningtyas Marditia — 2025-11-11

The rapid development of digital technology has introduced new forms of wealth, with cryptocurrencies being a prominent example. In Indonesia, these assets have gained significant popularity as investment instruments, but their intangible nature and reliance on private keys for ownership pose serious legal challenges in the realm of inheritance. The research aims to analyze the legal position of cryptocurrencies as inheritable objects and to formulate a viable inheritance mechanism that ensures legal certainty for heirs. This research uses normative legal methods by analyzing relevant statutory law, legal doctrine, and comparative perspectives of the legal system in the Netherlands and the United States. The findings show that cryptocurrencies meet the criteria to be classified as movable and intangible objects, in accordance with Articles 503 and 504 of the Civil Code. Nevertheless, a significant gap was identified between the legal rights of heirs (de jure) and their practical ability to access assets (de facto), due to the lack of uniform technical regulations. Therefore, the research concludes that two strategic steps are needed: the issuance of national technical guidelines to standardize inheritance claims procedures and the development of a "Digital Executor" mechanism, which is officially empowered to manage the digital assets of the deceased.

Prinsip Hifz Al-Mal dalam Tanggung Jawab atas Keterlambatan Penerbangan

Dikha Anugrah — 2025-11-16

This paper aims to analyze airline liability for flight delays from the perspective of Islamic law, particularly through the principle of hifz al-mal as a form of protection for passengers’ economic rights. The study employs a descriptive method with a qualitative approach using library research. Within the framework of an ijarah contract, airlines are obligated to fulfill services as agreed, including punctuality. Delays that result in financial losses necessitate compensation, both under positive law and Islamic principles. The hifz al-mal principle emphasizes the importance of safeguarding financial rights against unjust harm. Therefore, compensation such as ticket refunds, accommodation, or other remedies must be provided proportionally and fairly. This study shows that applying Islamic legal principles can strengthen justice in contractual relations between airlines and passengers.

Legal Protection of Telemedicine Consumers: an Analysis of the Consumer Protection Act and Health Regulations in Indonesia

Irma Seliana — 2025-11-24

Telemedicine has become a fundamental part of modern healthcare delivery, transforming the contractual and liability relationships between healthcare providers and consumers. In Indonesia, the growing use of telemedicine raises complex issues in civil law, particularly concerning consumer protection, data privacy, and accountability for malpractice. This study aims to analyze the legal protection of telemedicine consumers under Indonesian law specifically Law No. 8 of 1999 on Consumer Protection, the Civil Code, and sectoral health regulations and to evaluate the civil liability of telemedicine providers when harm or loss occurs. Using a normative juridical (doctrinal) approach, this research employs statutory, conceptual, and comparative methods. The study reviews current laws such as the Health Omnibus Law (Law No. 17 of 2023), the Personal Data Protection Law (Law No. 27 of 2022), the Ministry of Health Regulation No. 20 of 2019 on Telemedicine, and Government Regulation No. 28 of 2024 as its implementing regulation. Findings indicate that Indonesia’s legal framework remains fragmented, with unclear boundaries between consumer law and health regulations. Comparative analysis with international standards reveals the need for a harmonized civil law framework to ensure accountability, guarantee patient rights, and strengthen consumer protection in digital health services.

The Importance of Non-Disclosure Agreements in Employment Contracts: Protecting Trade Secrets Beyond the Terms of Standard Employment Contracts

Dhaifina Zayyan — 2025-11-21

This study examines the importance of trade secret protection in Indonesia. Trade secret protection is crucial for maintaining honesty and fairness in business competition. Without it, companies can face theft and espionage, which harm the owners of these valuable intangible assets. An NDA is legally binding, meaning that the parties signing the agreement are obligated to comply with all agreed terms. If one party violates the NDA, for example by leaking confidential information, the injured party has the right to seek compensation through legal channels. Law Number 30 of 2000 stipulates criminal sanctions for violations of Article 17 of Trade Secrets or actions that violate Articles 13 or 14, which can be punished with a maximum of two years' imprisonment or a fine of up to Rp 300 million, or through arbitration and alternative dispute resolution methods such as negotiation, mediation, or conciliation, in accordance with Law Number 30 of 1999.

The Digitalization of Indonesia’s Commercial Court System for Bankruptcy And Debt Restructuring Proceedings

Sarah Milenia Lie — 2025-11-23

he COVID-19 pandemic triggered a global economic downturn that significantly impacted Indonesia, resulting in widespread financial distress and an increase in corporate insolvencies. Amid these challenges, Indonesia’s judiciary accelerated the adoption of digital judicial mechanisms through the implementation of the electronic court (e-Court) system. Rooted in a series Supreme Court Regulation, including the most recent Supreme Court Regulation No. 7 of 2022, the e-Court framework modernized court administration and enabled remote hearings, ensuring that justice remained accessible despite social restrictions. This study employs a normative legal research method, specifically statutory and case-based approach, to analyze the evolution and application of the e-Court system, particularly in the context of Suspension of Debt Payment Obligations (Penundaan Kewajiban Pembayaran Utang or PKPU) proceedings as governed by Law No. 37 of 2004. Using the Garuda Indonesia case (Decision No. 425/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst.) as a reference, the research highlights how e-Court supported judicial continuity and upheld the principles of simplicity, promptness, and affordability as mandated under Article 2(4) of Law No. 48 of 2009 on Judicial Power. The findings underscore e-Court’s crucial role in maintaining economic and judicial resilience, while also identifying challenges regarding procedural legitimacy, technological literacy, and equitable access.