Bambang Pratama | BINUS University (original) (raw)

Papers by Bambang Pratama

IOP Conference Series: Earth and Environmental Science

The development of trademark regulations in Indonesia has analogous with trademark convention, na... more The development of trademark regulations in Indonesia has analogous with trademark convention, namely: Paris Convention (1883), WIPO (1967), GATT (1994), WTO (1995), and TRIPS (1994). The convention has an impact on the trademark legal system of the participant countries. In the Internet era, the domain name is one of the major discussions related to trademark protection. The concept of trademark protection is closely related to consumers’ perceptions as the user based on perception theory. The perception concept on trademark certainly can be used to claim the domain name as a trademark. Referring to the form of violation from World Intellectual Property Organization (WIPO), at least seven types of violations can be used as an argument on domain name cases. However, in practice, they are dissent arguments when applying the trademark concept for the domain name because of the different type of registration. To describe the gap between the conceptual approach and practice, this paper ...

Jurnal Hukum Pidana dan Kriminologi

Penggunaan mata uang selain rupiah sebagai alat tukar yang alat pembayaran telah dipergunakan seb... more Penggunaan mata uang selain rupiah sebagai alat tukar yang alat pembayaran telah dipergunakan sebelum Indonesia dijajah bangsa asing. Ketika Indonesia merdeka, ada beragam mata uang yang berlaku, karena tidak serta merta pemerintah memiliki mata uang khusus, karena mata uang Belanda dan Mata uang Jepang masih berlaku. Baru kemudian pada Oktober 1946 diterbitkanlah ORI (Oeang Republik Indonesia) yang selanjutnya ditetapkan sebagai mata uang Rupiah (Rp). Di tahun yang sama juga diterbitkannya Undang-Undang No. 1 Tahun 1946 Peraturan Hukum Pidana. Pada Pasal 9-13 undang-undang tersebut memberikan ancaman pidana bagi pengguna mata uang selain rupiah atau yang mirip rupiah. Meskipun telah ada undang-undang ini, pada tahun 2011, disahkan Undang-Undang No. 7 tahun 2011, undang-undang ini memberikan ancaman pidana penggunaan mata uang selain mata uang rupiah. Dalam perkembangannya bentuk uang tidak terbatas pada uang fisik, karena saat ini ada uang virtual atau uang kripto, yang ketentuan...

Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia, 2022

The development of artificial intelligence technology is increasingly sophisticated and has given... more The development of artificial intelligence technology is increasingly sophisticated and has given birth to new technology in the field of home appliances, known as "smart home appliance". Smart home appliances that are used to operate optimally require personal data from its users and the habits of the users. Knowing the user's data has the potential to cause harm to the user himself if his personal data is misused or data is hacked by irresponsible people. Until now, Indonesia does not have specific regulations regarding smart home appliances. Starting from the above thinking, this research tries to examine what data is used in smart home appliances and how the regulation regulates it? This study uses primary legal sources by comparing smart home appliance principle in several countries such as the United States, China, United Arab Emirates, and the United Kingdom. The choice of countries mentioned above is based on the reasons for the availability of research data. This study found that there are principles in artificial intelligence that can be used as principles for managing smart home appliances.

ICIC Express Letters, 2019

IOP Conference Series: Earth and Environmental Science, 2021

Advances in communication information technology have made various infrastructures dependent on c... more Advances in communication information technology have made various infrastructures dependent on cybernetics technology. However, there are threats to the system. One of the threats discussed in the context of the study of international humanitarian law is cybernetics war, which is carried out by high entities such as the state. The threat is coordinated with the armed forces or military in order to gain an advantage over the opponent. Recognizing that there are ever-evolving and very dynamic threats to the sovereignty of the state and nation, in this case by considering advances in internet technology, the government has formulated regulations regarding cyber defence as an effort to overcome cyberattacks that cause disruption to the implementation of national defence, so that it can realized cyber defence (cyber defence). In general, there have been a number of national laws and regulations governing matters relating to activities in cyberspace. The research method of the paper used...

Veritas et Justitia, 2016

In this current digital era, the issue how to protect private-personal electronic or digital data... more In this current digital era, the issue how to protect private-personal electronic or digital data creates the need for the recognition of a new legal right (right to be forgotten/right to delete). Legal recognition of this right must be balanced with the duty of internet service provider to control and monitor the dispersion of negative content (resulting in copyright infringements, infringements of the sanctity of personal-private data, etc.). With the amendment of Law No. 11 of 2008 re. Electronic Information and Transactions, it becomes appropriate to discuss the right to be forgotten in terms of moral principles. The existence of this moral right is reflected in the legal protection of copyright as well as protection of private-personal data. The main argument here is that moral principle or right as part of natural law should be used to explain the existence and importance of the right to be forgotten.

ABSTRAK Ruh dari undang-undang kepailitan adalah asas kelangsungan usaha, di mana putusan pailit ... more ABSTRAK Ruh dari undang-undang kepailitan adalah asas kelangsungan usaha, di mana putusan pailit merupakan ultimum remedium. Beberapa putusan pailit menjadi kontroversial karena keadaan keuangan debitor secara materil solven tetapi secara formil insolvensi. Isu kepailitan menarik untuk dibahas karena beban pembuktian dalam prmohonan pailit di pengadilan menurut undang-undang kepailitan menggunakan pembuktian sederhana. Tulisan ini akan mengulas masalah kepailitan yang diputus oleh Pengadilan Niaga Semarang dan Mahkamah Agung ditinjau dari aspek hukum materil dan hukum formil. Dengan meneliti konsistensi dan pertimbangan hukum putusan hakim pada kasus ini, maka diharapkan memperoleh gambaran penerapan undang-undang kepailitan secara das sollen-sein . Metode penelitian yang digunakan yaitu metode penelitian hukum doktrinal dengan tujuan mengkaji koherensi pertimbangan hukum antara judex factie dan judex juris pada kasus yang sama. Alasan pemilihan kasus kepailitan ini dibatasi pada ba...

Advances in Social Science and Culture, 2021

Children’s Online Privacy Protection is a form of protection for all information attached to a ch... more Children’s Online Privacy Protection is a form of protection for all information attached to a child such as: a name, address, photo, video, and other related information pointing to the children. In Indonesia, the regulation of a child’s personal data does not create adequate protection. In reality, many children’s personal data are spread on social media and other various platforms that children access and as a result, the child’s personal data can be accessed and used for marketing purposes and/or other exploitation. As a legal subject, a child cannot protect themselves not only from various purposes of online business models designed by online platforms, but also from other people that may have bad intentions. In a global context, standardization becomes a necessity as both a measuring instrument and guidance for other countries to follow. The problem is, some of the measurements need to be adjusted with national law to comply with the set of local standards. Some of the first c...

Perlindungan Data Pribadi Anak Online ( Children’s Online Privacy Protection ) merupakan inform... more Perlindungan Data Pribadi Anak Online ( Children’s Online Privacy Protection ) merupakan informasi yang melekat pada diri anak berupa nama, alamat, photo, video, dan informasi lainnya tentang diri seorang anak, termasuk fikirannya yang dituangkan dalam kata-kata atau gambar, suara, dan sebagainya. Data pribadi anak menyebar secara online di media sosial dalam berbagai platform , sehingga siapapun dapat melihat, mengakses, bahkan mengambil, mendistribusikan data tersebut tanpa ada jaminan perlindungan hukum yang memadai. Masalah penelitian: bagaimana ruang lingkup perlindungan data pribadi anak secara online ? Bagaimana hukum positif Indonesia mengatur data pribadi anak dalam rangka mencegah pelanggaran hak anak ? Metode yang digunakan adalah metode penelitian hukum normative yaitu mengumpulkan dan menganalisa bahan-bahan hukum primer. Pendekatan komparatif dengan regulasi di Amerika, Inggris dan Uni Eropa dilakukan. Penelitian menemukan bahwa perlindungan data privasi anak di Ind...

US-China Law Review, 2021

Children's privacy and data protection is essential in maintaining and fulfilling legal o... more Children's privacy and data protection is essential in maintaining and fulfilling legal obligations in protecting children's privacy. During judicial proceedings, the child is appointed as a defendant, witness or victim and legally the trial is declared closed to the public in order to protect the child's privacy. Since the trial is declared closed to the public, the identity of the child cannot be published, including when the verdict is declared. In Indonesia, problems arise when an excerpt of a verdict from a case related to children is published and displayed on the Supreme Court website demonstrating inconsistencies in protecting the child's privacy in the legal process. In some cases, it has been found that the court verdict displays the child's identity completely or partially. Even where there are verdicts that do not display the child's identity, information regarding the criminal cases may be clearly exposed in the verdict making it possible to find out personal information about the children as well. As such, through an analysis of secondary data and a review of the legal framework, this paper presents the protection of children's privacy data in judicial decisions as currently found in Indonesia, and its implications for children. It concludes by identifying how legal norms should rule the protection of children's privacy data in judicial decisions.

Proceedings of the Proceedings of The 1st Workshop Multimedia Education, Learning, Assessment and its Implementation in Game and Gamification, Medan Indonesia, 26th January 2019, WOMELA-GG, 2019

The hoax is a global issue that must be face by many countries today. Hoaxes does not recognize t... more The hoax is a global issue that must be face by many countries today. Hoaxes does not recognize the condition of a country whether the country is developed, developing or least developed country. As long as a country is connected by an Internet network and have many users on social media, hoax issues are inevitable, this condition brought many countries to the same level playing field with different set of readiness. The urgency to address hoax issues, has led this paper to examine the effectiveness of regulation as a safety fence to regulate informational rights. In so, arising basic question about what is hoax, and how to regulate it? The aim of this research is to analyzeregulation regarding hoax. This research is using doctrinal method with conceptual, theoretical, and comparative approaches. We found some of interesting funding, such as: terminology discourse, policy approach, and influenced factors as an actor of information diffusions. With this paper findings, we hope that hoax issue can be regulate more effective in the future.

IOP Conference Series: Earth and Environmental Science, Mar 1, 2018

Udayana Journal of Law and Culture, 2018

Online Child Sexual Exploitation (OCSE) is a form of crime against children that can be reviewed ... more Online Child Sexual Exploitation (OCSE) is a form of crime against children that can be reviewed from various perspectives such as criminal law, criminology and culture. This offence is governed in several international legal instruments because perpetrators and victims are often located in different territories or have different nationalities. The Optional Protocol on Sale of Children, Child Prostitution and Child Pornography (OPSC) is one that provides a reference in combating this crime, but this instrument has the disadvantage of not providing specific guidance in overcoming sexual crimes of children who are in the online sphere. OPSC focuses more on child pornography, whereas OCSE has evolved rapidly enough to give birth to new forms of crime that are not just child pornography. Another weakness can be found in national laws, due to the lack, or limited, response to address the issue. Therefore, a cultural approach is important to prevent and tackle this problem. This paper is ...

IOP Conference Series: Earth and Environmental Science, 2018

Some of the local government in Indonesia claimed they already created a smart city. Mostly the c... more Some of the local government in Indonesia claimed they already created a smart city. Mostly the claim based of IT utilization for their governance. In general, a smart city definition is to describe a developed urban area that creates sustainable economic development and high quality of life by excelling in multiple key; economy, mobility, environment, people, living, and government. For public services, the law guarantees good governance by setting the standard for e-government implicitly including for local government or a city. Based on the arguments, this research tries to test the condition of e-government of the Indonesian city in 34 provinces. The purpose is to map e-government condition by measuring indicators of smart government, which are: transparent governance and open data for the public. This research is departing from public information disclosure law and to correspond with the existence law. By examining government transparency, the output of the research can be used to measure the effectiveness of public information disclosure law and to determine the condition of egovernment in local government in which as part of a smart city.

Journal of Physics: Conference Series, 2017

Type of property in digital era radically changed. The emersion of cyberspace, ontologically show... more Type of property in digital era radically changed. The emersion of cyberspace, ontologically show up legal question: why kind of law applied to answer virtual property right? Whether using new law or adjusting existing law by reconceptualising it to be applied in cyberspace. After the discussion of legal concept, the concept of legal right also raised as the consequences of the legal problems. If the law is simplified, the rule element consists of: legal subject, legal object and legal action. Based on legal premises, formulating legal prescription of virtual property right become interesting to discuss. With clear certainty concept of virtual property right, then the right inherence also become visible.

Binus Business Review, 2011

In an article in the Harvard Business Review Theodore Levitt published The Globalization of Marke... more In an article in the Harvard Business Review Theodore Levitt published The Globalization of Markets. Business activities across the country after it became a very interesting topic of study for both academics and practitioners. This topic has become so phenomenal because his arguments about globalization is the economic convergence with business activities without any national barriers. In contrast to the internationalization that tends to narrow and tends to do business across national borders. Central idea must answered by manager and entrepreneurs is whether your market global or international. Before answering them it requires understanding and a new paradigm on this matter. Furthermore, Thomas Friedman in his book "The world is flat" also reinforces Levitt idea and prescript a world with evolution of information and technology. This new economic eras opened new opportunity on entrepreneur point of view. There is wide open door to enter global market and more easy to a...

Binus Business Review, 2010

The high number of unemployment in Indonesia is caused by college graduates not brave enough to d... more The high number of unemployment in Indonesia is caused by college graduates not brave enough to determine a career path as an entrepreneur. The embedded bad image and false myths about entrepreneurs has made its spread very low in Indonesia. Universities in Indonesia are looking for a more effective form of teaching entrepreneurship so as to produce graduates who are productive rather than educated, but unemployed graduates. Entrepreneurship is very unique because it contains multiple disciplines. There are various forms of teaching entrepreneurship used by different countries in the world from various literatures. Universities and entrepreneur lecturers should be able to take an example on (adapt and adopt) how to teach according to the college culture and taught students, without having to look at what disciplines the student is enrolled in, also by integrating the values of entrepreneurship in the curriculum and extracurricular activities as supporting activities. Thus, entrepren...