Palangka Law Review

Integration of International Civil Law within the Framework of National Law in Indonesia: Challenges and Implications

Geralda Monalisa — 2024-09-30

The Era of globalization and rapid technological advancements have led to increasingly borderless economic, social, and cultural interactions. The territorial boundaries of a country are no longer significant barriers to the expansion of various human activities, often resulting in civil disputes that involve cross-border elements. This development necessitates the convergence of national legal systems while preserving their unique characteristics. International civil law plays a crucial role in aligning Indonesia's national legal framework to address the complex legal challenges posed by globalization. This paper examines the integration of international civil law within the national legal system of Indonesia, emphasizing the importance of accommodating foreign elements in civil cases. The presence of foreign elements in international civil disputes can be identified through two main factors: (1) Personal factors, where legal actions involve individuals with different nationalities; and (2) Territorial factors, where legal relationships or events occur abroad but involve parties with the same nationality. By analyzing these factors, this study highlights the significant role of international civil law in ensuring that Indonesia's legal system remains adaptive and relevant in an increasingly interconnected global landscape.

Consumer Safety in the Use of Recycled Phone Numbers: A Legal Review of Consumer Protection

Ayunda Rahmayanti Dwiputri — 2024-09-30

This study examines legal issues related to the recycling system of mobile phone numbers implemented by telecommunications service providers, which has the potential to harm consumers. The primary issue is the violation of consumer rights under Law Number 8 of 1999 concerning Consumer Protection, particularly regarding the incomplete deletion of the previous owner's personal data during the number recycling process. The aim of this research is to analyze the impact of the implementation of the mobile phone number recycling system on consumers and to assess the extent to which this system fails to comply with the Consumer Protection Law, resulting in losses for consumers, especially concerning privacy and data security. This study employs a normative juridical method, utilizing an analytical approach to legislation, with a focus on the Consumer Protection Law. The research also includes case studies related to consumer rights violations resulting from the inadequacies of the mobile phone number recycling system. The research findings indicate that the recycling system for mobile phone numbers has not been implemented in accordance with applicable regulations. Personal data from previous number owners is not completely deleted, allowing such data to remain accessible to the new users. As a result, new consumers face significant privacy risks, such as the potential misuse of their data. This situation leads to both material and immaterial losses for consumers, particularly in terms of security and comfort in using telecommunication services.

The Abolition of the Parliamentary Threshold: A Legal Analysis of the Constitutional Court's Decision from the Perspective of Constitutional Law

Muh Rakhul Rahman — 2024-09-30

This article adopts a normative juridical research method. The Constitutional Court Decision Number 116/PUU-XXI/2023, which abolishes the 4% parliamentary threshold and delegates its regulation to the House of Representatives (DPR) and the Government, represents a significant milestone in Indonesia's political system. This decision carries both positive and negative implications. On the positive side, it promotes a balance between the number of DPR seats and the valid national votes while reducing wasted votes. Furthermore, it encourages greater diversity in political participation and strengthens democracy by eliminating structural barriers that hinder broader and more inclusive political engagement. However, this decision also poses several negative consequences. It may lower the quality standards of political parties, as it could lead to the proliferation of new parties whose track records and quality remain unverified. Moreover, consensus-based decision-making in Parliament may become increasingly difficult due to the growing heterogeneity, potentially resulting in political instability. Lastly, the removal of the parliamentary threshold appears inconsistent with Indonesia's electoral system.

Online Dispute Resolution Berbasis Artificial Intelligence: Penyelesaian Sengketa Pinjaman Online Dalam Peer-To-Peer Lending

NAJWA LATHFA ASHILA — 2024-09-30

Rapid technological developments affect various sectors of human life, including Financial Technology (FinTech) in the financial services sector. The presence of Fintech brings benefits to communities in connection with online loans in Peer-to-Peer Lending platforms which are increasingly being used. However, the large number of Peer-to-Peer Lending users is not matched by a clear dispute resolution mechanism, particularly concerning ‘Online Dispute Resolution’, This article aims to dissect the issues related to the implementation of Online Dispute Resolution for resolving dispute in Peer-to-Peer Lending online loans and to project the application of Artificial Intelligence based Online Dispute Resolution in addressing these issues. The research method used is the normative Judicial method, with data collected through a literature study. The data was processed using qualitative methods with legislative, comparative, and conceptual approaches. The research results show that implementing Online Dispute Resolution has several issues in resolving Peer-to-Peer Lending online loan disputes, both in terms of substance, structure, and legal culture. Therefore, one of the efforts that can be made to address this issue is to formulate and harmonize the implementation of Artificial Intelligence-based Online Dispute Resolution for resolving online Peer-to-Peer Lending loan disputes to create efficiency and effectiveness. The presence of an Online Dispute Resolution mechanism based on Artificial Intelligence is expected to fill the needs of society for justice.

Prevention of Gratification Practices: Synergy Between Government Internal Supervisory Apparatus and the Corruption Eradication Commission

Benediktus Bayu Widya Puryanta — 2024-09-30

The increasing prevalence of gratification practices continues to erode the integrity of numerous officials, including executives serving in ministerial positions. This situation underscores a critical issue: existing regulations governing gratification practices heavily rely on the awareness and willingness of gratification recipients to report such acts to the Corruption Eradication Commission (KPK). Meanwhile, ministries themselves already have an internal supervisory body known as the Government Internal Supervisory Apparatus (APIP), authorized to conduct internal oversight. APIP’s position within institutions makes it a strategic body for preventing gratification.

However, APIP still faces several challenges, including limited authority and low operational efficiency. Using a doctrinal research method, this study adopts a statutory and conceptual approach to analyze the problems and propose solutions through qualitative elaboration. The data used in this research are secondary data sourced from literature studies, primarily derived from the Corruption Prevention Network portal.

The findings and conclusions of this study reveal that APIP’s limited authority and low efficiency in performing its duties as an internal supervisory body can be addressed through synergy between APIP and KPK. This can be achieved by expanding APIP's authority to report suspected gratification to KPK and granting KPK the authority to act as a mentor for APIP to enhance its capabilities. These two approaches are seen as efforts to optimize the prevention of gratification practices within ministries.