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Article
Publication date: 19 December 2024

Dona Budi Kharisma

This study aims to analyze the impact of the virality of legal cases on social media on law enforcement. This research also aims to find a balance between virality and the value…

60

Abstract

Purpose

This study aims to analyze the impact of the virality of legal cases on social media on law enforcement. This research also aims to find a balance between virality and the value of justice in society so that it can have a positive impact on law enforcement.

Design/methodology/approach

The approach used in this research is a case approach. The case approach is used by analyzing the law enforcement process carried out by the police to the judge’s considerations (ratio dedicendi) in deciding legal cases that went viral on social media. The cases that became the research object were determined through the purposive sampling method.

Findings

The no viral no justice phenomenon is a form of community sympathy and concern in the digital space for injustice in the law enforcement process. As one of the countries with the largest number of social media users in the world, Indonesia has the potential for digital space to form large collective movements and contribute to upholding justice in a practical way. On the positive side, no viral no justice has succeeded in speeding up the law enforcement process and creating a transparent law enforcement process. From the negative side, no viral no justice does not guarantee and does not provide legal certainty and justice in the legal process (due process of law) because the law is influenced by strong public pressure.

Research limitations/implications

This research examines several legal cases that attracted public attention and went viral through the digital space in Indonesia.

Practical implications

The results of this research are useful for finding a balance between the principle of virality and the value of justice in society so that the no viral no justice phenomenon has a positive impact on law enforcement.

Social implications

For the community, the results and recommendations in this study can create and strengthen civic engagement in the law enforcement process through digital space. For law enforcers, especially police, prosecutors and judges, it is hoped that the results of this study will improve the quality of fair, transparent, fast and impartial law enforcement.

Originality/value

This research identifies and analyzes several legal cases that have gone viral so that the influence of the virality of legal cases and public pressure on law enforcement can be found.

Details

Safer Communities, vol. 24 no. 2
Type: Research Article
ISSN: 1757-8043

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Article
Publication date: 6 September 2022

Dona Budi Kharisma and Alvalerie Diakanza

This paper aims to identify the reasons why cases of leakage of patient personal data often occur in the health sector. This paper also analyzes personal data protection…

342

Abstract

Purpose

This paper aims to identify the reasons why cases of leakage of patient personal data often occur in the health sector. This paper also analyzes personal data protection regulations in the health sector from a comparative legal perspective between Indonesia, Singapore and the European Union (EU).

Design/methodology/approach

This type of research is legal research. The research approach used is the statute approach and conceptual approach. The focus of this study in this research is Indonesia with a comparative study in Singapore and the EU.

Findings

Cases of leakage of patient personal data in Indonesia often occur. In 2021, the data for 230,000 COVID-19 patients was leaked and sold on the Rapid Forums dark web forum. A patient’s personal data is a human right that must be protected. Compared to Singapore and the EU, Indonesia is a country that does not yet have a law on the protection of personal data. This condition causes cases of leakage of patients’ personal data to occur frequently.

Research limitations/implications

This study analyzes the regulation and protection of patients’ personal data in Indonesia, Singapore and the EU to construct a regulatory design for the protection of patients’ personal data.

Practical implications

The results of this study are useful for constructing regulations governing the protection of patients’ personal data. The regulation is to protect the patient’s personal data like a patient’s human right.

Social implications

The ideal regulatory design can prevent data breaches. Based on the results of comparative studies, in Singapore and the EU, cases of personal data leakage are rare because they have a regulatory framework regarding the protection of patients’ personal data.

Originality/value

Legal strategies that can be taken to prevent and overcome patient data breaches include the establishment of an Act on Personal Data Protection; the Personal Data Protection Commission; and management of patients’ personal data.

Details

International Journal of Human Rights in Healthcare, vol. 17 no. 2
Type: Research Article
ISSN: 2056-4902

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Article
Publication date: 10 November 2023

Waluyo and Dona Budi Kharisma

Football supporters have safety and security guarantees, but protection rights abuses in the Kanjuruhan Indonesia stadium tragedy. This study aims to create a design regulation to…

175

Abstract

Purpose

Football supporters have safety and security guarantees, but protection rights abuses in the Kanjuruhan Indonesia stadium tragedy. This study aims to create a design regulation to protect the protection rights of football supporters in the world.

Design/methodology/approach

This is a socio-legal study. The law, cases and conceptual methods are the research methodologies. The process of collecting data uses a literature review. The gathered facts and information are next examined both qualitatively and descriptively.

Findings

The tragedy that occurred at the Kanjuruhan Stadium is the worst tragedy of Indonesian football. The key factor behind the tragedy was the mechanism for securing football matches regulated in the acts and regulations in Indonesia, which were out of sync and contrary to Federation Internationale de Football Association (FIFA) regulations. The Indonesian National Police Regulation (Perkapolri) permits the use of firearms, tear gas and force, whereas this is actually prohibited by the FIFA Stadium Safety and Security Regulation (FSSSR). In this tragedy, protection rights abuses occurred. Then, the Indonesian Sport Act (ISA) 2022 does not yet regulate crucial matters, especially safety and security in sports competitions to protect players, referees, spectators/supporters and other match organizers.

Research limitations/implications

This study examines various regulations relating to sports, especially football matches with a focus on studies in Indonesia.

Practical implications

The results of this research help realize protection rights for football supporters and create designs regulation to protect protection rights for football supporters worldwide.

Social implications

The design regulation recommended in this study is useful for preventing disasters in football and protecting football supporters, players, referees and parties in matches from acts of violence.

Originality/value

Learning from the Kanjuruhan tragedy, to prevent this from happening again, the adoption of the FSSSR into Indonesian legislation, created the Safety of Sports Grounds Act and the establishment of the Indonesian Football Policing Unit are recommendations that need to be considered.

Details

Safer Communities, vol. 22 no. 4
Type: Research Article
ISSN: 1757-8043

Keywords

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Article
Publication date: 20 October 2021

Al Sentot Sudarwanto and Dona Budi Budi Kharisma

The purpose of this paper is two-fold: to explore the legal issue of the importance of personal data protection in the digital economy sector and to propose a legal framework for…

1799

Abstract

Purpose

The purpose of this paper is two-fold: to explore the legal issue of the importance of personal data protection in the digital economy sector and to propose a legal framework for personal data protection as a consumer protection strategy and accelerate the digital economy.

Design/methodology/approach

This study is legal research. The research approach used was the comparative approach and statute approach. The legal materials used are all regulations regarding personal data protection that apply in Indonesia, Hong Kong and Malaysia. The technique of collecting legal materials is done by using library research techniques.

Findings

The value of Indonesia’s digital economy is the biggest in the Southeast Asia region, but data breach is still a big challenge to face. The Indonesian Consumers Foundation (Yayasan Lembaga Konsumen Indonesia) recorded 54 cases of a data breach in e-commerce, 27 cases in peer-to-peer lending and 5 cases in electronic money. Based on the results of a comparative study with Hong Kong and Malaysia, Indonesia has yet no specific Act that comprehensively regulates personal data protection. Indonesia also does not have a personal data protection commission. Criminal sanctions and civil claims related to data breaches have not yet been regulated.

Research limitations/implications

This study examines the data breach problem in the Indonesian digital economy sector. However, the legal construction of personal data protection regulations is built on the results of a comparative study with Hong Kong and Malaysia.

Practical implications

The results of this study can be useful for constructing the ideal regulation regarding the protection of personal data in the digital economy sector.

Social implications

The results of the recommendations in this study are expected to develop and strengthen the protection of personal data in the Indonesian digital economy sector. Besides aiming to prevent the misuse of personal data, the regulation aims to protect consumers and accelerate the growth of the digital economy.

Originality/value

Indonesia needs to create a personal data protection act. The act should at least cover such issues: personal data protection principles; types of personal data; management of personal data; mechanism of personal data protection and security; commission of personal data protection; transfers of personal data; resolution mechanism of personal data dispute and criminal sanctions and civil claims.

Details

Journal of Financial Crime, vol. 29 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

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Article
Publication date: 24 February 2025

Ifan Arsyad, Dona Budi Kharisma and Jamal Wiwoho

This study aims to examine the implementation of artificial intelligence (AI) in the Islamic finance industry and to identify legal issues and design an appropriate supervisory…

43

Abstract

Purpose

This study aims to examine the implementation of artificial intelligence (AI) in the Islamic finance industry and to identify legal issues and design an appropriate supervisory model to promote the Islamic finance industry.

Design/methodology/approach

This type of research is legal research. This legal research uses a statute approach, conceptual approach and comparative approach between Indonesia, Hong Kong, Malaysia and the United Arab Emirates (UAE).

Findings

The utilization of AI in Islamic finance is becoming increasingly important in various sectors. In the front office, AI simplifies credit evaluation, Takaful (Islamic insurance) and chatbots, improving client interactions and decision-making processes. In the middle office, AI is an integral part of anti-money laundering, counter-terrorist financing (CTF), know your customer protocols and fraud detection. In the back office, AI improves capital management, market impact assessment, risk management and asset and wealth management. In addition, AI substantially enhances regulatory technology (RegTech) and supervisory technology (SupTech), ultimately improving the effectiveness of regulatory compliance and supervision in the Islamic finance industry. These technologies simplify compliance processes, evaluate data quality, detect potential hazards and adapt to complex regulatory frameworks. Nonetheless, the incorporation of AI faces significant obstacles, most notably the absence of a comprehensive legal framework governing the application of AI in the Islamic finance industry. The current regulations, including the Islamic Banking Law and Insurance Law, do not adequately address AI. Moreover, the use of AI raises concerns about Shariah compliance, particularly about transparency and possible algorithmic bias in the decision-making process. The effectiveness of supervision in Islamic finance largely depends on the membership of the Islamic supervisory board, which must have technological expertise to ensure compliance withShariah norms. Therefore, the development of more sophisticated and effective supervisory procedures is essential for the proper implementation of AI in Islamic banking. An efficient supervisory framework should provide transparency, data security, regular auditing of AI systems and integration of RegTech and SupTech technologies within the Islamic finance sector.

Research limitations/implications

This research examines the use of AI in the Islamic finance industry in Indonesia, Hong Kong, Malaysia and the UAE.

Practical implications

This research is important to mitigate the risks of using AI in the Islamic finance industry such as AI decision transparency and explanation, AI job transfer bias and AI conflict with Islamic finance principles. This research is also important to formulate a regulatory framework to enhance AI supervision in the Islamic finance industry.

Social implications

This research improves and encourages the growth of the Islamic finance industry using AI.

Originality/value

This research identifies the problems and legal issues of using AI in the Islamic finance industry and formulates a supervisory model.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 19 October 2023

Jamal Wiwoho, Irwan Trinugroho, Dona Budi Kharisma and Pujiyono Suwadi

The purpose of this study is to formulate a governance and regulatory framework for Islamic crypto assets (ICAs). A balanced regulatory framework is required to protect consumers…

653

Abstract

Purpose

The purpose of this study is to formulate a governance and regulatory framework for Islamic crypto assets (ICAs). A balanced regulatory framework is required to protect consumers and to encourage digital Islamic finance innovation.

Design/methodology/approach

This study focuses on Indonesia and compares it to other countries, specifically Malaysia and the UK, using statutory, comparative and conceptual research approaches.

Findings

The ICAs are permissible (halal) commodities/assets to be traded if they fulfil the standards as goods or commodities that can be traded with a sale and purchase contract (sil’ah) and have an underlying asset (backed by tangible assets such as gold). Islamic social finance activities such as zakat and Islamic microfinance activities such as halal industry are backed by ICAs. The regulatory framework needed to support ICAs includes the Islamic Financial Services Act, shariah supervisory boards, shariah governance standards and ICA exchanges.

Research limitations/implications

This study only examined crypto assets (tokens as securities) and not cryptocurrencies. It used regulations in several countries with potential in Islamic finance development, such as Indonesia, Malaysia and the UK.

Practical implications

The ICA regulatory framework is helpful as an element of a comprehensive strategy to develop a lasting Islamic social finance ecosystem.

Social implications

The development of crypto assets must be supported by a regulatory framework to protect consumers and encourage innovation in Islamic digital finance.

Originality/value

ICA has growth prospects; however, weak regulatory support and minimal oversight indicate weak legal protection for consumers and investors. Regulating ICA, optimising supervision, implementing shariah governance standards and having ICA exchanges can strengthen the Islamic economic ecosystem.

Details

International Journal of Law and Management, vol. 66 no. 2
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 24 October 2023

Al Sentot Sudarwanto, Dona Budi Kharisma and Diana Tantri Cahyaningsih

This study aims to identify the problems in shariah compliance and the weak oversight of implementing Islamic crowdfunding (ICF). Shariah compliance regulation is an essential…

713

Abstract

Purpose

This study aims to identify the problems in shariah compliance and the weak oversight of implementing Islamic crowdfunding (ICF). Shariah compliance regulation is an essential subsystem in Islamic social finance ecosystems.

Design/methodology/approach

This type of research is legal research. The research approaches are the statute, comparative and conceptual approaches. The study in this research examines Indonesia, the UK and Malaysia.

Findings

ICF is one of the fastest-growing sectors of Islamic financial technology (fintech). The Islamic fintech sector is showing maturity signals with a market size of $79bn in 2021, projected at $179bn in 2026. Malaysia, Saudi Arabia and Indonesia lead the Index by Global Islamic Fintech (GIFT) Index scores. However, low shariah compliance is still an issue in implementing ICF. This problem is caused by regulatory support that is still lacking and oversight of shariah compliance is not optimal. On the one hand, shariah compliance is the ICF core principle for Shariah Governance.

Research limitations/implications

This study examines the regulation and oversight of ICF in Indonesia, Malaysia and the UK. Indonesia and Malaysia, a country with the highest GIFT index score in the world, and the UK, a country with an Islamic finance sector experiencing rapid growth.

Practical implications

The research results on shariah compliance regulation in ICF are helpful as a comprehensive approach for developing sustainable Islamic social finance ecosystems.

Social implications

Shariah compliance is the core principle of ICF governance. Its implementation can increase public trust.

Originality/value

Crowdfunding platform and issuers in ICF must implement shariah compliance. Therefore, it is essential to consider the presence of shariah compliance requirements and a Shariah Supervisory Board (DPS).

Details

Journal of Financial Crime, vol. 31 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

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Article
Publication date: 11 July 2023

Al Sentot Sudarwanto and Dona Budi Kharisma

This study aims to propose a law enforcement strategy for investment fraud through comparative studies in the United States of America (USA), Canada and Indonesia, and to identify…

207

Abstract

Purpose

This study aims to propose a law enforcement strategy for investment fraud through comparative studies in the United States of America (USA), Canada and Indonesia, and to identify the factors that cause weak law enforcement on investment fraud with the object of a binary options case study in Indonesia.

Design/methodology/approach

This research is a type of legal research, namely, research based on legal materials (library-based). The legal materials used include primary legal materials and secondary legal materials. The approaches used are the statute approach, the case approach and the comparative approach. The data collection technique used in this research is a literature study. The analysis was carried out qualitatively by using an interactive model.

Findings

In 2022, the Indonesian Financial Services Authority (OJK) recorded that the total value of public losses because of investment fraud in Indonesia reached 117.4tn IDR. Weak law enforcement is the reason investment fraud thrives in society. Strategies that can be implemented to prevent investment fraud include early detection of new investment fraud modes through the whistleblower program, mutual legal assistance in criminal matters, criminal restitution and improvement of public financial literacy.

Research limitations/implications

This study examines the problems of law enforcement against investment fraud with a case study of binary options in Indonesia. A law enforcement strategy is built on identifying issues and adopting law enforcement policies against investment fraud in Canada and the USA.

Practical implications

For individuals, the results of this research can be used as reading material to increase their understanding of investment fraud. For the government, the results of this study can be a reference in an effort to eradicate the rise of investment fraud cases more effectively and create a safe digital economic space for investors.

Social implications

The results of this study are expected to be useful in providing recommendations for strategies to strengthen law enforcement against the problems of investment fraud cases so as to form a conducive investment climate in the sense of being safe, comfortable and profitable.

Originality/value

Legal frameworks to prevent investment fraud are rarely discussed. The rise in binary options cases that occur is an indication of weak law enforcement in the investment sector. Therefore, an in-depth study of law enforcement strategies to prevent investment fraud is needed, with comparative studies in the USA, Canada and Indonesia.

Details

Safer Communities, vol. 22 no. 4
Type: Research Article
ISSN: 1757-8043

Keywords

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Article
Publication date: 18 October 2021

Yudho Taruno Muryanto, Dona Budi Kharisma and Anjar Sri Ciptorukmi Nugraheni

This paper aims to explore the prospects and the challenges of Islamic fintech in Indonesia. This study also proposes a comprehensive legal framework to encourage and accelerate…

2843

Abstract

Purpose

This paper aims to explore the prospects and the challenges of Islamic fintech in Indonesia. This study also proposes a comprehensive legal framework to encourage and accelerate the growth of the Islamic economy.

Design/methodology/approach

This study is the result of legal research with a statute approach and conceptual approach. The types of data used are legal materials consisting of primary legal materials and secondary legal materials. The technique of collecting legal materials is done by using library research techniques. The legal materials were analyzed using the legal norm method.

Findings

Indonesia is a country with the largest Muslim population in the world. However, the market size of Indonesia’s Islamic fintech is still below Saudi Arabia, Iran, United Arab Emirates (UAE) and Malaysia. Saudi Arabia’s Islamic fintech is the biggest market in the world, with $17.9bn worth of transactions in 2020 while Iran is at $9.2bn, UAE $3.7bn, Malaysia $3.0bn and Indonesia $2.9bn. This condition was due to various challenges in the Islamic fintech industry in Indonesia, including inadequate regulations; complicated permit procedures; misuse of fintech for financing terrorism; rampant occurrence of illegal fintech businesses; and consumer disputes in the fintech sector. These challenges require the construction of a comprehensive legal framework through the formation of an Act on Fintech.

Research limitations/implications

The focus of this research was limited to the problems occurring in the Islamic fintech sector in Indonesia as a country with the largest Muslim population in the world.

Practical implications

The results of this research can be used as recommendations for the formulation of comprehensive policies for the growth and development of Islamic fintech.

Social implications

Islamic fintech requires a comprehensive legal framework that functions to encourage the development of the Islamic fintech industry, digital economy growth and legal mitigation of various legal risks and misuse of fintech for financial crime and financing terrorism.

Originality/value

This paper proposes an original idea of creating a legal framework in a form of the Islamic Fintech Act. The Act should cover such legal substances as follows: Islamic compliance; an integrated one-stop permit procedure; division of authority, coordination and synergy among authorities; prevention and resolution of digital financial system crisis; criminal sanctions; and consumer dispute resolution mechanisms and alternative institution for fintech consumer dispute resolution.

Details

International Journal of Law and Management, vol. 64 no. 2
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 9 March 2022

Dona Budi Kharisma and Afilya Hunaifa

The purpose of this paper is two-fold: to analyze the legal issues on disgorgement and disgorgement funds in Indonesia, the USA and the UK and to construct the ideal law regarding…

295

Abstract

Purpose

The purpose of this paper is two-fold: to analyze the legal issues on disgorgement and disgorgement funds in Indonesia, the USA and the UK and to construct the ideal law regarding disgorgement and disgorgement fund.

Design/methodology/approach

The type of legal research in this paper is normative legal research. The research approach used is a comparative approach and a legal approach. The legal materials used are all regulations on the disgorgement law and the disgorgement fund that apply in Indonesia, the USA and the UK. The technique of collecting legal materials is done by using library research techniques.

Findings

The rapid growth of the capital market in Indonesia still faces various legal issues such as various market manipulations, insider trading and illegal investment management activities. Based on the results of a comparative study, Indonesia does not yet have a calculation mechanism regarding the imposition of disgorgement on violators. Unlike Indonesia, the USA has the rules of practice and rules on fair funds and exchange commissions, and the UK has the decision procedure and penalties manual, which regulates the mechanism for calculating the imposition of disgorgement. Indonesia is solely able to use administrative action in imposing disgorgement, while in the USA and the UK, it can be through courts or direct administrative actions. These legal issues have resulted due to the lack of confidence by international investors and the growth of the investment climate in Indonesia itself.

Research limitations/implications

This study examines the regulation of disgorgement and disgorgement funds in Indonesia, the USA and the UK. However, the focus of research in this paper is limited to legal issues that occurred in Indonesia.

Practical implications

The results of this study may help to construct the ideal regulations on disgorgement and disgorgement funds in various countries and protect the capital market of the investors.

Social implications

The results of this study are expected to be helpful for the investment climate in various countries, especially developing countries.

Originality/value

The ideal legal construction regarding disgorgement, namely, parties to the mechanism for imposing disgorgement; disgorgement filing mechanism; sanctions in disgorgement; disgorgement fund sources; provider of fundholding accounts; mechanism for calculating disgorgement imposition; disgorgement fund distribution mechanism.

Details

Journal of Financial Crime, vol. 30 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

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