Jurnal Poros Hukum Padjadjaran

Legal Protection Against the Commercial Use of Personal Photos of Street Runners without Permission by Street Photographers

Andini Putri Irawan, Mustopa Mustopa, Dewi Mayaningsih — Fri, 29 May 2026 00:00:00 +0000

The development of digital technology and social media has increased the practice of documenting public activities, including running events, which are often commercially exploited by street photographers without the subject’s consent. This phenomenon raises legal concerns regarding privacy rights, portrait rights, and personal data protection. This study aims to analyze the legal protection framework and available legal remedies against the unauthorized commercialization of personal photographs. The research applies a normative juridical method through literature study of relevant laws and legal doctrines. The findings indicate that legal protection is regulated under Article 28G paragraph (1) of the 1945 Constitution of Indonesia, the Personal Data Protection Law, the Copyright Law, the Electronic Information and Transactions Law, and Article 1365 of the Civil Code. Unauthorized commercialization may result in civil liability and administrative sanctions, enforceable through litigation or non-litigation mechanisms.

Notary's Responsibility for the Validity of Deeds in the Implementation of Cyber Notary in Indonesia

Aiman Yahya Lumintang, Cita Yustisia Serfiyani — Fri, 29 May 2026 02:29:43 +0000

The development of digital technology has brought significant changes to the legal services system, including notarial practices in Indonesia. The implementation of cyber notary emerged as a form of modernization of the notary profession through the use of information technology in the electronic creation, storage, and validation of deeds. However, this practice has given rise to debate regarding the validity of deeds and notary accountability due to the lack of harmonization between the Notary Law (UUJN), the Civil Code (KUH Perdata), and the Electronic Information and Transactions Law (ITE Law). This lack of synchronization of norms results in electronic deeds not being categorized as authentic deeds, thus creating legal uncertainty and potential civil liability for notaries if the deeds are disputed. This study uses a normative juridical method with a statutory and conceptual approach to analyze the limits of notary responsibility and the urgency of regulating the implementation of cyber notary in Indonesia. The results indicate that the establishment of regulations is necessary to regulate the procedures for the legal creation, verification, and validation of electronic deeds. Thus, the government and notary officials also need to actively participate in establishing operational standards that provide legal clarity for notaries when working with digital technology. This is key to realizing a digital notary system that is efficient, adaptive, and still ensures legal certainty.

Challenges and Strategies in the Legal Drafting Process at State Universities with Legal Entity Status (PTN-BH) for High-Quality Regulation

Ferisa Nurfalah, Dewi Kania Sugiharti, Amelia Cahyadini — Fri, 29 May 2026 02:40:18 +0000

State Universities with Legal Entity Status (PTN-BH) are state universities granted legal-entity status under Government Regulation Number 26 of 2015 concerning the Form and Funding Mechanism of PTN-BH. As institutions that play a vital role in advancing knowledge, fostering the nation’s intellectual development, and responding to national development challenges, several state universities have been designated as PTN-BH to enhance autonomy and governance. Legal drafting is a crucial foundation in producing high-quality regulations. Within PTN-BH, legal drafting not only concerns the technical formulation of legal norms but also requires an understanding of the hierarchy of laws and regulations, legal principles, and societal needsThis study aims to analyze the fundamental concepts of legal drafting, along with the challenges and strategies involved in the regulatory formation process within PTN-BH institutions. The research employs a normative juridical approach complemented by a qualitative approach. The normative juridical method is used to examine legal products formulated by universities, while the qualitative approach explores the implementation, challenges, and strategies faced by legal drafters, as well as the enforcement of legal products within PTN-BH. The findings indicate that despite its integral role in the legislative system, legal drafting still encounters numerous obstacles, including limited human resource capacity, insufficient technical expertise in drafting, time constraints in regulatory formulation, and a lack of understanding regarding the importance of academic manuscripts. The study recommends regular training, deeper mastery of legislative drafting techniques (Law No. 12 of 2011), and strengthening the role of academic manuscripts to improve the overall quality of legal products.

Implications of the Notarial Code of Ethics' Confidentiality Principle on Corporate Money Laundering Crimes

Sudaryat Sudaryat, Annisa Sandira Fadhilah — Fri, 29 May 2026 00:00:00 +0000

The confidentiality principle is an integral part of the notarial code of ethics regulated under the Law on Notary Positions. This principle requires notaries to maintain the secrecy of everything regarding the contents of the deeds they produce. However, the confidentiality principle applied within the notary profession is often exploited as a loophole in corporate Money Laundering schemes. This study aims to analyze the implications of the confidentiality principle on the potential abuse of the notarial professional code of ethics in corporate money laundering, as well as to formulate the concrete roles and measures of notaries in preventing money laundering to minimize the potential abuse of such confidentiality principle. This study employs a normative juridical legal research method utilizing a statutory approach and a conceptual approach. The secondary data obtained were analyzed qualitatively. The results indicate that the notary's confidentiality principle is not absolute. There are legal exceptions that oblige notaries to report suspicious financial transactions indicated as money laundering. In exercising their professional duties, notaries are required to identify service users as part of the efforts to prevent corporate money laundering. This action does not conflict with the provisions of Article 16 paragraph (1) letter f of the Law on Notary Positions. If a notary becomes aware of a transaction indicating money laundering committed by the parties or their clients, they possess the legal authority to submit a report to the Indonesian Financial Transaction Reports and Analysis Center (PPATK).

The Erosion of Judicial Independence in the Revision of the Constitutional Court Law and Its Impact on the Legitimacy of Decisions

Bella Maidatul Umah — Sun, 31 May 2026 00:00:00 +0000

This study analyzes the erosion of the Constitutional Court's (MK) judicial independence resulting from the revision of Law No. 24 of 2003 by Law No. 7 of 2020, focusing on the altered judicial selection mechanisms by the DPR and the President, the maximum age limit of 70 years, and the single-term tenure. Utilizing a normative legal research approach with statutory and conceptual methods via literature review, this study examines the position of the Constitutional Court as the Guardian of the Constitution, the impact of the revision on judicial uncertainty, and the potential decline in the legitimacy of its rulings. The results indicate that legislative and executive dominance has created judicial capture, diminished public trust, and challenged the supremacy of the 1945 Constitution as mandated by Article 24 paragraph (1). This revision triggers constitutional disharmony, the erosion of the Court's authority, and judicial uncertainty. The conclusion emphasizes the necessity of pure meritocracy in judicial selection and the strengthening of checks and balances. Recommendations include executive and legislative self-restraint, transparent legislative oversight, further amendments to the Constitutional Court Law, and subsequent empirical research on restoring constitutional legitimacy.

Application of Tax and Customs Sanctions Against Debtors in Suspension of Payment and Bankruptcy Case

Rio Bonang, Sarifah Ainun Jariyah, Bambang Satrianto, Eko Susanto Tejo — Sun, 31 May 2026 00:00:00 +0000

Debt settlement through the mechanisms of suspension of payment and bankruptcy often comes into conflict with the state’s financial rights in the form of tax debts arising from trade, export and import activities. In relation to the application of administrative sanctions in the form of interest and fines, the Bankruptcy and Suspension of Payment Law states that interest and fines cannot be calculated after the debtor is declared in suspension of payment or bankrupt, while the tax and customs laws state that fines will continue to be calculated until the bill is paid in full, and coercive measures can be taken. Researchers will examine how administrative sanctions are applied to bankrupt debtors and how the mechanism for applying repressive sanctions to bankrupt debtors works? This research uses normative-empirical methods and analytical descriptive research specifications. The research results conclude that administrative sanctions for tax debts can still be applied to debtors even if they are in a state of bankruptcy can be applied to the personal assets of the taxpayer, and coercive measures can be taken. Repressive sanctions can be carried out against bankrupt debtors by officials from the Directorate General of Taxes or the Directorate General of Customs and Excise as a last resort based on the PPSP Law. The researcher provides the following suggestions: harmonization of laws and regulations is needed to prevent overlapping regulations and authorities and regulations under the law are needed to technically regulate the implementation of corporal punishment so that there is no legal vacuum.