Arena HukumPub Date : 2022-04-28DOI: 10.21776/ub.arenahukum.2022.01501.9
Safrida Alivia Sri Ananda, I. Putranti, A. Dir
{"title":"ANALYSIS OF THE EU CYBERSECURITY ACT UNDER THE THEORY OF NEOLIBERAL INSTITUTIONALISM","authors":"Safrida Alivia Sri Ananda, I. Putranti, A. Dir","doi":"10.21776/ub.arenahukum.2022.01501.9","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2022.01501.9","url":null,"abstract":"Wannacry Ransomware epidemics have attacked several high-profile companies in European Union creating an EU-wide cybersecurity crisis in the digital economy and social order. In response, European Union established an appropriate regulation in cybercrime namely The Cybersecurity Act. The Act as an international regime does not only gives a permanent mandate that strengthens European Union Agency for Network and Information Security (ENISA) but also establishes The EU Cybersecurity Certification Scheme in order to increase cybersecurity and build cyber resilience in the European Union Digital Single Market. This paper investigates how does the Cybersecurity Act as a business law in maintaining cybersecurity aspect on the European Union Digital Single Market through the theory of neoliberal institutionalism as a framework of thinking. After a series of conduction of literature reviews, this research argues that The Cybersecurity Act would be an appropriate regulation in dealing with the cybersecurity crisis in the digitalized market order. The standardization in The EU Cybersecurity Certification Scheme regulated by The Cybersecurity Act would improve cybersecurity and build cyber resilience in the European Union Digital Single Market.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45593532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Arena HukumPub Date : 2022-04-28DOI: 10.21776/ub.arenahukum.2022.01501.2
D. Kasih
{"title":"PERSEROAN PERORANGAN PASCA UU CIPTA KERJA:PERUBAHAN PARADIGMA PERSEROAN TERBATAS SEBAGAI ASOSIASI MODAL","authors":"D. Kasih","doi":"10.21776/ub.arenahukum.2022.01501.2","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2022.01501.2","url":null,"abstract":"The study aimed to analyze the concept of a Limited Liability Company after the enactment of Law Number 11 of 2020 concerning Job Creation, especially concerning the concept of capital association paradigm. This normative legal research uses a statutory, conceptual and comparative approach. The results shows that after the enactment of the Job Creation Law, there is a new form of legal entity, namely an Private Company which is specifically for MSE actors with the aim of facilitating business development for MSE actors by being able to form a legal entity with only one person as the founder/shareholder. This has indicated a change in the paradigm of Limited Liability Companies as a capital association. It is in the form of expansion of the concept of a Limited Liability Company where the establishment of a Private Company for MSEs was founded by 1 (one) person. This is nothing new considering Article 7 paragraph 5 and paragraph (7) of the Company Law that a company can be established only by one shareholder as in the establishment of BUMN and BUMD which is also regulated in the BUMN Law and PP. 45 of 2005 which allows the shares of Persero to be wholly owned by the state.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41653124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Arena HukumPub Date : 2022-04-28DOI: 10.21776/ub.arenahukum.2022.01501.7
Rachmi Sulistyarini
{"title":"RASIO LEGIS PENGATURAN BATAS MINIMAL USIA PERKAWINAN MENURUT UNDANG UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN","authors":"Rachmi Sulistyarini","doi":"10.21776/ub.arenahukum.2022.01501.7","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2022.01501.7","url":null,"abstract":"In its verdict, the Constitutional Court with the decision Number 22/PUU-XV/2017 ordered the legislators within a maximum period of 3 years since the decision to make changes to Law Number 1 of 1974 concerning Marriage. This paper analyses the legal ratio of regulating the marriage minimum age according to Law number 16 of 2019 concerning Amendments to Law 1 of 1974 concerning marriage. The purpose of this paper is to analyze the regulation legis ration of the minimum age for marriage according to Indonesian Marriage Law. This legal research uses a philosophical, legislation, and conceptual approach. The results shows that the legal ratio of regulating the minimum age for marriage according to Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage is the recognition of children’s rights, guarantees, protection and fair laws and equal treatment of the law so there is no discrimination.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45160058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Arena HukumPub Date : 2022-04-28DOI: 10.21776/ub.arenahukum.2022.01501.5
N. Puspita
{"title":"REKONSEPTUALISASI PRINSIP KEDAULATAN NEGARA DALAM PENANGGULANGAN BENCANA DI INDONESIA: LESSON FROM COVID-19","authors":"N. Puspita","doi":"10.21776/ub.arenahukum.2022.01501.5","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2022.01501.5","url":null,"abstract":"In its application, the state’s primary responsibility principle is often challenged by the ability and the willingness of a country in overcoming various disasters that are massive such as the Covid-19 pandemic. This paper analyzes the importance of reconceptualizing of the state sovereignty principle in disaster management especially in Indonesia by learning from the Covid-19 response. This is a normative juridical research. This results shows that a state sovereignty in disaster conditions should be understood as a form of state responsibility to protect its people by welcoming an international cooperation in the form of humanitarian assistance when such a country is unable or unwilling to overcome. The condition of a strong or a weak government can be the most important benchmark for determining the acceptance of international assistance. This of course, can be a recommendation for the Indonesian government to stop the polemic of receiving or seeking international assistance related to the legal implications of establishing the status of a national disaster in Indonesia.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43957649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Arena HukumPub Date : 2022-04-28DOI: 10.21776/ub.arenahukum.2022.01501.3
Suwinto Johan, A. Ariawan
{"title":"CORRELATION FINANCIAL INSTITUTIONS, CUSTOMERS AND EMPLOYEES PER LABOUR LAW","authors":"Suwinto Johan, A. Ariawan","doi":"10.21776/ub.arenahukum.2022.01501.3","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2022.01501.3","url":null,"abstract":"This study aims to determine the accountability of financial institutions to employees who have been negligent in providing services to customers and examines the triangular relationship between financial institutions, employees, and customers. This normative juridical research is combined with empirical data. The results indicate that if the negligence of an employee is per the standard operating procedures (SOP) set by the authorities in the financial institution, the financial institution must be responsible for the loss of the customer. This responsibility is based on Articles 1365, 1366, and 1367 of the Civil Code. If the employee’s negligence is not according to the SOP, then the employee must be personally responsible. A single legal event may result in different ways of settling in the relationship of these three parties.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44453077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Arena HukumPub Date : 2022-04-28DOI: 10.21776/ub.arenahukum.2022.01501.4
Mulhadi Mulhadi, Dedi Harianto
{"title":"MISREPRESENTATION SEBAGAI FRAUD DALAM PERKARA KONTRAK ASURANSI YANG DILAKUKAN PENANGGUNG","authors":"Mulhadi Mulhadi, Dedi Harianto","doi":"10.21776/ub.arenahukum.2022.01501.4","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2022.01501.4","url":null,"abstract":"Insurance companies in Indonesia are currently trapped in the stigma of seeking the highest premiums. Many agents do not work according to standards and do not explain in detail the insured party’s rights and obligations. This study aims to determine the meaning of misrepresentation and forms of misrepresentation made by the insurer in an insurance contract case based on court decisions. This normative juridical approach uses content analysis method. The results showed that the insurer failed to provide correct information about the importance of medical check-ups about life insurance, failed to explain the relationship between honesty in disclosing material circumstances with the risk of cancellation of the policy or the consequences of an insurance claim being rejected, failed to present the correct information to policyholders and gives the impression that insurance claims can be made easily, only with a photocopy of the receipt for payment of hospital fees, and the failed to present correct information that the policy can only be closed to other people if the prospective insured has a birth certificate and cannot be replaced by a statement only.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49443081","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Arena HukumPub Date : 2022-04-28DOI: 10.21776/ub.arenahukum.2022.01501.10
Ahmad Siboy
{"title":"ALTERNATIF DESAIN PENYELENGGARAAN PEMILIHAN UMUM PASCA PUTUSAN MAHKAMAH KONSTITUSI","authors":"Ahmad Siboy","doi":"10.21776/ub.arenahukum.2022.01501.10","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2022.01501.10","url":null,"abstract":"The decision for the implementation of the concurrent general election to elect members of the People’s Representative Council, the Regional Representatives Council, the Regional People’s Representative Council, and the President and Vice President on the same day has caused many problems at the regulatory and technical levels so that it makes the general election undemocratic, ineffective, and inefficient. Therefore, it needs to be re-examined the meaning and alternative implementation designs of the more proper concurrent general election. This juridical-normative research uses conceptual, statutory, historical and case study approach. The results indicated that general elections must be held concurrently. There are many models of separating the implementation of concurrent general elections which are constitutional such as the separation based on the division of local and national general elections, the separation based on the regional level, and the separation based on qualifications of branches of power. With these various designs that have been offered, the implementation of the general elections will no longer be carried out within one day. Eventually, it makes the entire election process and the election dispute settlement process run according to the election principles mandated by the constitution.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44529878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Arena HukumPub Date : 2022-04-28DOI: 10.21776/ub.arenahukum.2022.01501.8
Y. Yuliana, M. Prasetyo
{"title":"CRIMINAL ACCOUNTABILITY OF STATE OFFICIALS COMMITTING POLITICAL CORRUPTION IN INDONESIA","authors":"Y. Yuliana, M. Prasetyo","doi":"10.21776/ub.arenahukum.2022.01501.8","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2022.01501.8","url":null,"abstract":"Political corruption is a form of violation of people’s human rights and is a worrying phenomenon because it is dominated by state officials who have superior positions. This article aims to find out how the reality of law enforcement against corruption is carried out by state officials and how the criminal responsibility of state officials who commit political corruption in Indonesia. This article uses a normative juridical method. The results shows that law enforcement against state officials who commit political corruption has not been carried out optimally. The low demands of prosecutors followed by judges’ verdicts against state officials who commit corruption are the cause of the difficulty of eradicating this crime. The imposition of a maximum criminal threat or life imprisonment for perpetrators of political corruption is something that should be done to create a deterrent effect for the perpetrators or the public who see it. In this case, law enforcement officers must have the courage, integrity, and high morale to be indiscriminate in eradicating political crimes in Indonesia.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43031504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Arena HukumPub Date : 2022-04-28DOI: 10.21776/ub.arenahukum.2022.01501.1
Imam Koeswahyono, D. Maharani
{"title":"RASIONALISASI PENGADILAN AGRARIA DI INDONESIA SEBAGAI SOLUSI PENYELESAIAN SENGKETA AGRARIA BERKEADILAN","authors":"Imam Koeswahyono, D. Maharani","doi":"10.21776/ub.arenahukum.2022.01501.1","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2022.01501.1","url":null,"abstract":"The realization of justice in the land sector is a constitutional mandate as stated in article 33 of the 1945 Constitution of Indonesia. However, until now there have been many violations and agrarian conflicts that have occurred which is said to be extraordinary because in them there are structural conflicts and are related to the economic capabilities of certain groups. In order to realize a fair judicial mechanism in overcoming agrarian conflicts, a special institution is needed. This research initiats the Agrarian Court as a special court that has the authority to examine, hear, and decide on agrarian conflicts. The establishment of the Agrarian Court is solely aimed at realizing justice, legal certainty, and benefits in resolving agrarian conflicts and as an independent law enforcement institution. The method used in this study is normative juridical with a statutory and conceptual approach.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43199780","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Arena HukumPub Date : 2022-04-28DOI: 10.21776/ub.arenahukum.2022.01501.6
Hartini Hartini
{"title":"ASAS PERSONALITAS KEISLAMAN DALAM PENETAPAN ASAL-USUL ANAK LUAR KAWIN KE PENGADILAN NEGERI","authors":"Hartini Hartini","doi":"10.21776/ub.arenahukum.2022.01501.6","DOIUrl":"https://doi.org/10.21776/ub.arenahukum.2022.01501.6","url":null,"abstract":"This research aims to analyze the choice of Muslims in choosing the District Court for filing cases of acknowledgment or ratification of illegitimate children against their biological father; examine the qualification of cases used in determining the civil relation between illegitimate children and their biological father; and examine the legal implications for Muslims who obtained a court ruling from the district court regarding the relationship of an illegitimate child to his biological father. This research is categorized as legal normative research that uses the Decision of District Courts as an analysis material. The results of the research show that based Islamic personality principle, the application for civil relation of an illegitimate child to the district Court is not entirely wrong as there is still an opportunity for broad interpretation of the post-Constitutional Court Decision when it is associated with population administrations. The cases that were proposed to the district courts were qualified as a child recognition child legitimacy cases. And this decision implies that there will be differences due to the law and and there is the potential to violate Islamic law, especially regarding the rights of illegitimate children to their fathers.","PeriodicalId":31258,"journal":{"name":"Arena Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42761876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}