Jurnal Magister Hukum Perspektif

PERLINDUNGAN HUKUM HAK PETANI TERKAIT PEMANFAATAN SUMBERDAYA GENETIK TANAMAN PANGAN DI INDONESIA

2025-10-03T07:21:53+00:00

Plant Genetic Resources for Food and Agriculture (PGRFA) play a crucial role in human welfare and global economic growth. However, the implementation of Intellectual Property Rights (IPR) in the agricultural sector introduces significant complexities, encompassing issues of food security, genetic engineering, genetic resource management, respect for traditional knowledge, and protection of farmers' rights and local varieties through patents or sui generis systems. This normative legal research aims to examine: (1) The legal basis for protecting Farmers' Rights related to PGRFA utilization in Indonesia; (2) The adequacy of existing IPR regulations and related laws in safeguarding these Farmers' Rights. Employing conceptual and statutory approaches, this study analyzes the prevailing legal framework. Findings reveal: (1) As a WTO member and primary PGRFA provider, Indonesia holds a strategically vital position for global food security. Yet, the government has not provided adequate legal recognition and protection for Farmers' Rights in utilizing genetic resources; (2) Indonesia's WTO membership—particularly through amendments to the Patent Law and Plant Variety Protection Law (PVPL)—has yielded detrimental impacts. The PVPL is considered inadequate in accommodating farmers' interests due to its lack of substantive clarity regarding Farmers' Rights. This research recommends a comprehensive review and amendment of the PVPL to adopt a more pro-farmer stance, strengthening recognition of customary law and considering responses from other developing WTO member nations facing similar challenges. This legal reform is imperative to balance compliance with international commitments while protecting national interests and farmers' rights.

Keywords: Intellectual Property Rights, Farmers' Rights, Legal Protection

KEABSAHAN PERJANJIAN ELEKTRONIK DAN PENYELESAIAN SENGKETA WANPRESTASI DEBITUR PINJAMAN ONLINE

2025-10-28T20:04:39+00:00

The rapid growth of financial technology (fintech) in the form of peer-to-peer lending has transformed borrowing and lending practices in Indonesia. Electronic contracts serve as the main legal instrument between creditors and debtors, yet they raise issues of validity, consumer protection, and dispute resolution in cases of default. This study employs a normative juridical approach by analyzing Law No. 8 of 1999 on Consumer Protection, Law No. 19 of 2016 on Electronic Information and Transactions, Government Regulation No. 80 of 2019 on Electronic Trade, and Financial Services Authority regulations (POJK No. 61/2020 and SEOJK No. 19/2023). The findings reveal that the validity of electronic contracts is legally recognized as long as they meet the essential requirements of agreement, capacity, lawful cause, and specific object, as stipulated in the Indonesian Civil Code. Disputes arising from debtor defaults can be resolved through litigation, such as simplified lawsuits, or non-litigation mechanisms, including mediation, Alternative Dispute Resolution Institutions (LAPS), and complaint facilities provided by the Financial Services Authority (OJK). However, challenges persist due to consumers’ low legal literacy, unethical debt collection practices, and asymmetry in bargaining positions. Therefore, strengthening the regulatory framework for electronic contracts and implementing fair and accessible dispute resolution mechanisms are necessary to enhance legal certainty and consumer protection.

Keywords: Electronic Contract, Online Loan, Default, Consumer Protection, Dispute Resolution.

PERKEMBANGAN REGULASI MENGENAI BENEFICIAL OWNERSHIP DI INDONESIA BAGI KORPORASI DALAM BISNIS DAN PENCEGAHAN TINDAK PIDANA

2025-10-31T01:32:36+00:00

This study analyzes the evolution of Beneficial Ownership regulations in Indonesia, focusing on their crucial role in corporate governance and the prevention of financial crimes, particularly Money Laundering and Terrorism Offenses. This study traces the legal framework from its basic instrument, namely Presidential Regulation No. 13 of 2018, to the significant strengthening marked by the issuance of Regulation of the Minister of Law and Human Rights No. 2 of 2025. The problems raised in this paper are (1) What is the role of beneficial ownership for corporations in Indonesian business? and (2) How can money laundering and terrorism financing be prevented in beneficial ownership for corporations? The type of research used is legal-normative, which focuses on the study of legislation and legal literature related to beneficial ownership in Indonesia. The analysis was conducted using a legislative and conceptual approach by understanding the legal framework, effectiveness, and challenges of implementing regulations in corporate practice. The results of the study show that (1) Beneficial Ownership plays a central role in increasing corporate transparency and accountability; (2) Prevention can be done with clear regulations and the implementation of beneficial ownership transparency, even though regulations have made significant progress, compliance and supervision challenges remain major obstacles. Therefore, increasing corporate awareness and capacity is essential so that the principle of beneficial ownership can effectively support the prevention of corporate crime and the creation of a transparent and accountable business environment in Indonesia.

Keywords: Beneficial Ownership, Corporations, Money Laundering, Terrorism Offenses

PENATAAN LEMBAGA NEGARA PENUNJANG INDEPENDEN DALAM SISTEM KETATANEGARAAN INDONESIA

2025-10-31T03:05:39+00:00

The atmosphere of the check and balances relationship in the Trias Politica between state agencies tests each other because each state agency may not exceed the limits of power that have been determined by the laws and regulations of state agencies, their powers are not interfered with so that there is a balance of power between state agencies. Through a normative legal approach related to the arrangement of independent supporting state institutions, it can be concluded as follows: First, looking at the level or hierarchy of laws and regulations that regulate independent state institutions, the higher the laws and regulations that underlie their formation such as the National Human Rights Commission, the General Elections Commission, the Corruption Eradication Commission and other state institutions that have what is called constitutional importance, the more independent the institution is. Second, looking at the functions carried out by independent supporting institutions, these state institutions can also be grouped based on the functions inherent in the institution, such as institutions that carry out judicial functions based on Article 24 paragraph (3) such as: the Corruption Eradication Commission, the Prosecutor's Office, and the National Police, Executive functions such as the National Human Rights Commission, legislative functions such as the Financial Transaction Reports and Analysis Center, and the Indonesian National Police.

Keywords: Arrangement of State Institutions, Independent Supporters, State Administration System

PENEGAKAN HUKUM TINDAK PIDANA PENIPUAN ONLINE: STUDI IMPLEMENTASI UNDANG-UNDANG ITE DI INDONESIA

2025-10-29T18:56:02+00:00

The increasing prevalence of cybercrime, particularly online fraud, poses significant challenges for modern legal systems. Although a number of studies have highlighted the technological and criminological dimensions of cybercrime, scientific attention to the normative adequacy and effectiveness of the legal framework governing online fraud remains limited. This study fills this gap by examining the interaction between the Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE) in regulating online fraud. The research questions addressed in this study are (1) How is online fraud regulated by law and (2) What are the obstacles faced in the process of enforcing the Law on Online Fraud? The research method used in this study is a legal-normative method by analyzing several primary and secondary legal sources, including legislation, journal articles, and electronic news. Based on the research process that has been carried out, it was found that in Indonesia itself, there are already laws that regulate violations committed by individuals/entities in the virtual environment, which are listed in several laws and regulations, both in the ITE Law and the Criminal Code. However, in the implementation process, law enforcement officials still face many obstacles in carrying out their duties in relation to cybercrime cases, one of which is the ambiguity of the choice of law.

Keywords: Online Fraud, Cybercrime, Personal Data, ITE Law, Criminal Code