Jurnal Hukum Lex Generalis 2021-08-10T00:00:00+00:00 Ivan Drago, S.H. Open Journal Systems <p>A Home Made Journal for Law Enthusiast</p> Legal Perspective On The Use Of Securities Crowdfunding During The Economic Recovery Due To The Pandemic 2021-06-26T13:11:23+00:00 Andini Astarianti Soemarsono Ukhti Dyandra Sofianti <p><em>Micro, Small, Medium Enterprises (“MSMEs”) are experiencing financial difficulties to run their business due to Pandemic. Securities Crowdfunding (“SCF”) comes as the financial strengthening of MSMEs where investors and entrepreneurs will be connected through technology-based crowdfunding applications. To find out the opportunities and risks of SCF as an investment instrument and funding solution for MSMEs, this paper will analyze SCF based on Indonesia’s capital-market law and OJK-Regulation No.25/2020 concerning Securities Crowdfunding. The research studies were written descriptively with qualitative approaches obtained by juridical-normative methods. This paper concludes that the existence of SCF can be a funding solution for MSMEs and investment instruments that benefit investors.</em></p> 2021-08-10T00:00:00+00:00 Copyright (c) 2021 Jurnal Hukum Lex Generalis Binary Option As Commodity Futures In Indonesia 2021-06-26T13:14:38+00:00 Danastri Puspitasari Faiq Rizqi Aulia Rachim <p><em>A Binary Option is a financial product in which parties that are involved in the transaction are assigned one of two options in a certain time period. Juridically, Binary Option legality as one of commodity futures is still debatable</em>. <em>To be considered as commodity futures must fulfill the “futures contract” phrase in Commodity Futures Trading Act. Referring to the contract objective requirement, it’s needed to fulfill an admissible clause which Binary Option is still questionable in its contract validity. From the consumer side, without any Bappebti license, Binary Option consumer protection is still kept in the dark either juridically or practically.</em></p> 2021-08-10T00:00:00+00:00 Copyright (c) 2021 Jurnal Hukum Lex Generalis Law Enforcement And Urgency Of Independent Supervisory Authorities Protection Of Privacy Data In Indonesia 2021-06-26T12:53:34+00:00 Farah Naurah Khansa <p><em>The use and utilization of technology are growing during the COVID-19 pandemic. In the use of information technology, the protection of personal data is part of the personal right and therefore, the state is obliged to fulfill such rights. In Indonesia, there is a legal vacuum related to the rules on the protection of personal data. To fulfill personal rights, the step that can be taken is to make specific rules regarding the protection of personal data and consider the establishment of an independent authority as a comprehensive supervisor of the protection of personal data to ensure the effectiveness and efficiency of the implementation of the PDP Act. The method used in this study is juridical normative with a statutory, case, conceptual, and comparative approach.</em></p> 2021-08-10T00:00:00+00:00 Copyright (c) 2021 Jurnal Hukum Lex Generalis Neglection On The Urgency Of Technology Transfer In Investment Growth During Pandemic 2021-06-26T13:13:30+00:00 Galih Agra Svalerit Cindy Haura Irawan <p><em>The economic distress caused by the pandemic has prompted the Government to attract investment. The use of foreign workers and the domination of technology become conditions in several foreign investment relations. As the Ministry of Manpower shows more than 29.21 million workers are affected by the pandemic. Investment along with technology transfer should be a solution for developing the Indonesian workforce. However, this contractual agreement does not have a solid legal basis, as a consequence of the imbalance between the parties. The presence of Law Number 11 of 2020 concerning Job Creation is considered not effective for the implementation of the technology transfer.</em></p> 2021-08-10T00:00:00+00:00 Copyright (c) 2021 Jurnal Hukum Lex Generalis Reform Provisions Of Personal Data Management As The Ius Constituendum To Guarantee The Protection Of Personal Data Users Of Social Media Services 2021-06-26T13:09:03+00:00 Gio Arjuna Putra <p><em>The high penetration rate of Internet and social media users in Indonesia is inversely proportional to the progressivity of legal and technological development. This can be seen from the unassigned legal product in the state of the Law that explicitly regulates the protection of personal data. Based on the results of studies conducted related to the legal relationship between users and social media service providers, arises through the terms of service as an agreement based on Article 46 paragraph (2) PP No. 71 of 2019. Then the absence of a law that explicitly regulates the rights and obligations of service providers as processors and controllers of personal data raises the issue of legal certainty in guaranteeing the protection of users' personal data.</em></p> 2021-08-10T00:00:00+00:00 Copyright (c) 2021 Jurnal Hukum Lex Generalis The Urgency Of Legal Arrangements For The Mechanism Of Utilization Personal Data In The Bill On Personal Data Protection 2021-06-26T13:08:25+00:00 I Wayan Atmanu Wira Pratana <p><em>The protection of personal data is a problem faced by today's global community. The issue of personal data covers various aspects of statehood such as law, politics, and economics. The Cambridge Analytica case in the 2016 U.S. election further encouraged various countries especially Indonesia to try to design legislation to regulate the protection of personal data. Based on the results of the study, there is an urgency of setting the mechanism of the utilization of personal data, both by the government, private companies, and independent institutions. And it is necessary to design a one-door mechanism against the permit and supervision of the utilization of personal data in Indonesia through the establishment of State Auxiliary Organs.</em></p> 2021-08-10T00:00:00+00:00 Copyright (c) 2021 Jurnal Hukum Lex Generalis Penal Policy: Quo Vadis Online Criminal Trial Regulations In The Time Of Covid-19 Pandemic 2021-06-26T13:06:47+00:00 Raden Muhammad Arvy Ilyasa Ahsana Nadiyya Dede Indraswara <p><em>The Covid-19 pandemic has affected people's lives, including in the aspect of law enforcement related to the implementation of online criminal trials. The implementation of online trials is regulated in the Supreme Court of the Republic of Indonesia Regulation (PERMA) Number 4 of 2020 concerning the Administration and Trial of Criminal Cases at Courts Electronically. The implementation of online trials raises juridical-procedural problems, regarding the umbrella act. The affirmation of the PERMA in the invitation hierarchy still raises problems, so a more established regulation is needed in the form of a regulation in lieu of laws (Perppu) through criminal law policy (Criminal Policy) to realize legal certainty for justice seekers during the Covid-19 pandemic. The method used in this assessment is normative juridical.</em></p> 2021-08-10T00:00:00+00:00 Copyright (c) 2021 Jurnal Hukum Lex Generalis The Establishment Of A Virtual Police From The Perspective Of Human Rights In Indonesia 2021-06-26T13:53:52+00:00 Rahardian Satya Mandala Putra Felicia Tanalina Ylma Azzahra Nabila Nurfirdaus <p><em>The Chief of Police of the Republic of Indonesia, through the Chief of Police Circular Letter/ 2/11/2021 concerning Ethical Cultural Awareness to Create a Clean, Healthy and Productive Indonesian Digital Space has placed an order for Virtual Police. The emergence of this unit caused a polemic on the responsibility of the state in guaranteeing the rights of the digital community. On the other hand, the Constitution of the Republic of Indonesia has the responsibility of the state in ensuring the protection, advancement, enforcement, and fulfillment of human rights. Moreover, Law Number 39 of 1999 concerning Human Rights also guarantees the state's recognition of human rights. This article aims to assess the suitability of the Virtual Police policy with the mandate of the Constitution and national and international laws on human rights.</em></p> 2021-08-10T00:00:00+00:00 Copyright (c) 2021 Jurnal Hukum Lex Generalis Utilization of Certified Digital Signatures in the Pandemic Era 2021-06-26T13:52:57+00:00 Rizki Dermawan <p><em>In the digital era, several things have become easy to find. For example, transacting with e-commerce so goods ordered via cell phones come directly to consumers. Likewise, the document signing process has switched to digital. To protect digital transaction activities, the government has regulated the Information and Electronic Transactions (a.k.a ITE) law and other derivatives. Knowledge of digital signatures is needed because it has consequences and responsibilities. Digital signatures that have been certified have received an electronic certificate. There are still obstacles in the application of digital signatures and hope that people’s understanding of digital signatures will improve so as to make everyday life easier.</em></p> 2021-08-10T00:00:00+00:00 Copyright (c) 2021 Jurnal Hukum Lex Generalis The Urgency Of Regulating Artificial Intelligence In Online Business Sector In Indonesia 2021-06-26T13:09:42+00:00 Shabrina Fadiah Ghazmi <p><em>Technological advances provide convenience to humans in their activities. One of them is Artificial Intelligence (AI) which is used by various sectors, including the online business sector. However, there are negative impacts of the use of AI, such as the emergence of AI actions that violate ethics, the rule of law, or cause harm to others who must be held accountable. The unrecognized AI as a legal subject in Indonesia, both civilly and criminally, can create other problems. The results showed that accountability for AI actions can be the responsibility of the person or legal entity on it based on the doctrine of vicarious liability. The establishment of specific regulations governing AI is also needed as a preventive measure.</em></p> 2021-08-10T00:00:00+00:00 Copyright (c) 2021 Jurnal Hukum Lex Generalis