Perspektif Hukum

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

Putri Purbasari Raharningtyas Marditia, Rafi Radithya Nazhif Kuncoro — Tue, 11 Nov 2025 00:00:00 +0000

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, Enggun Yoga Nugraha — Sun, 16 Nov 2025 00:00:00 +0000

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, Teddy Prima Anggriawan — Mon, 24 Nov 2025 00:00:00 +0000

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, Lintang Yudhantaka — Fri, 21 Nov 2025 00:00:00 +0000

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, Ahmad Sudiro — Sun, 23 Nov 2025 00:00:00 +0000

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.

Praktik Personal Branding Notaris terhadap Batasan, Etika dan Legalitasnya ditinjau dari Undang-Undang Jabatan Notaris dan Kode Etik Notaris

Arie Kurniawan, Farrel Billie Akmal Fahar Ary Hartanto, Ariska Dewantary — Sun, 30 Nov 2025 00:00:00 +0000

Personal branding, understood as the reputation or "self-brand" of an individual, has become an important concept in professional practice. In the context of notarial practice in Indonesia, efforts to develop personal branding must be carefully balanced against strict legal and ethical constraints. This paper analyzes the practice of personal branding by Indonesian notaries in light of the Notary Position Law (Undang-Undang Jabatan Notaris, UUJN) and the Notary Code of Ethics. Using a normative legal research method with a statute approach and examination of professional ethics, this study reviews relevant regulations, ethical guidelines, and comparative international practices. The findings indicate that while notaries may engage in certain reputational activities such as legal education or informational outreach, direct self-promotion is prohibited. Article 15 paragraph (2) letter e of the Notary Position Law explicitly grants the authority to provide legal counseling which can enhance reputation, but Article 4 paragraph (3) of the Notary Code of Ethics forbids any form of advertising or personal publicity. International comparisons from Spain and France reveal similarly restrictive rules for notary advertising. In conclusion, Indonesian notaries must perform personal branding within the narrow confines allowed by law and ethics, emphasizing professional expertise and public education while avoiding any media-based promotion of their notarial status. These findings aim to guide notaries in promoting their professional image without violating legal or ethical boundaries.

Legal Issues Concerning Consumer Protection in Metaverse Operation in Nigeria: Taking a Leap from Uganda

Sun, 30 Nov 2025 00:00:00 +0000

The Metaverse concept is a unique and trending digital platform, that has transformed commercial and social activities. Despite the prospect of Nigerian commercial activities in the Metaverse, it presents some unique challenges for consumers. Concerning this, the study examines the legal issues surrounding consumer protection in the Metaverse, to adopt possible legal ideas from Uganda’s experience, the study adopted a hybrid method of study, and 317 questionnaires were distributed to respondents residing within Nigeria. The results were analyzed with the aid of a descriptive and analytical approach. The study reveals that the metaverse concept provides significant prospects and potential for consumers. However, there are legal and social issues consumers may encounter. These challenges include a lack of legal measures in safeguarding consumer rights in the metaverse, the incidence of fraudulent activities by fraudsters, and several other challenges. It was therefore concluded and recommended that, for an effective operation of the metaverse that would not violate consumer rights, there is a need to incorporate an effective legal framework that will safeguard consumer interest. In this regard, the study recommends Uganda’s consumer protection laws as a model for the Nigerian government to adopt in safeguarding consumer commercial activities in the metaverse.

Pendekatan Hukum Pemerintah Indonesia terhadap Pemulihan Aset dari Negara Non- Aeoi

Rustu Rilo Pambudi, Muhammad Tanzil Multazam — Sun, 30 Nov 2025 00:00:00 +0000

This research aims to analyze the impact of the legal vacuum in international tax treaties on Automatic Exchange of Information (AEoI) on tax avoidance practices in Indonesia, as well as to find ways that the state driven by the government can withdraw assets from individuals and entities hidden in tax heaven countries whose tax treaties do not contain global information exchange standards set by the OECD, the research method used is a normative juridical approach with qualitative analysis. Primary data was obtained through document studies of national and international regulations, while secondary data was obtained from literature, journals, and reports of international institutions such as the OECD and the Global Forum, the results showed that the legal vacuum at the level of technical implementation of AEoI in Indonesia led to the low effectiveness of cross-border data exchange. This opens a gap for taxpayers to move assets to jurisdictions that do not have active AEoI agreements, which ultimately reduces the potential for state revenue from foreign taxes and the inability of the state to retrieve and or confiscate assets from individuals and entities obtained by harming the state and society such as organ trafficking, tax evasion, transfer pricing to corruption, These findings confirm the need for harmonization of domestic regulations with international standards, This recommendation is important to strengthen the integrity of the national tax system and prevent cross-border tax evasion and concealment practices. These recommendations are important to strengthen the integrity of the national tax system and prevent the practice of tax evasion and concealment of cross- border assets.

Urgensi Pengaturan Financial Technology: Kewenangan Penghimpunan Dana Masyarakat

Wishnu Kurniawan, Dita Birahayu — Sun, 30 Nov 2025 00:00:00 +0000

Technological developments are driving acceleration in all fields, especially financial technology, where the services required for banking products are equivalent to those of banks. In line with current conditions, namely the advent of digital 4.0, financial institutions are beginning to shift to technology-based financial institutions. One of the current advancements in the financial sector is the adaptation of Financial Technology, commonly known as fintech. The implementation of fintech must not be hindered by legal violations due to legal loopholes. This study employs a normative legal approach. Based on this method, a statute approach is used in this study, reinforced by a literature approach. This study was conducted to accelerate the implementation of fintech so that it does not fall into a legal vacuum, thereby preventing problems arising from violations of norms, particularly in the banking sector. The modernity of financial transactions, especially financial services such as fintech, has violated the provisions of the Banking Law, which in this case is the establishment of business entities that attract public funds in banking institutions. However, to date, there is still a legal vacuum, and with the rapid development of technology, there needs to be a change in regulations related to this issue to prevent a legal vacuum.

South China Sea Disputes: Challenges And Opportunities For Preserving Regional Stability

Iwan Isnurwanto — Sun, 30 Nov 2025 00:00:00 +0000

The South China Sea (SCS) is a crucible of overlapping sovereignty claims, strategic rivalry, and valuable maritime resources. This article examines the principal challenges that the SCS disputes pose to regional stability—great power rivalry, ASEAN fragmentation, militarization and gray-zone coercion, and limitations of international law enforcement—and explores opportunities to mitigate tensions through diplomacy, legal instruments, confidence-building measures, and regional capacity-building. The study uses recent empirical evidence on trade flows, energy and fisheries significance, maritime incidents, and legal outcomes (notably the 2016 arbitral award) to assess the prospects for stability. The analysis argues that while legal rulings and multilateral norms provide an essential normative framework, political commitment, robust ASEAN coordination, and pragmatic, enforceable mechanisms (including an effective Code of Conduct) are necessary to transform the South China Sea from a chronic flashpoint into an arena of managed cooperation.